Unless denoted otherwise in this chapter, the following definitions shall have the following meanings in Chapter 278.
A.
"Abandoned infant" means a child under the age of one year whose
parent(s) have failed to provide adequate care and/or parental supervision;
and fails to maintain a parental relationship with the child without
just cause. Failure to maintain a parental relationship with the child
without just cause for a period of three months shall constitute prima
facie evidence of abandonment. Custody with extended family members
with voluntary consent to placement does not constitute abandonment.
B.
"Abandonment" means any of the following:
(1)
Failure of the parent, guardian or caretaker to provide reasonable
support and to maintain regular contact with a child. The Child has
been left without provision for the child's care or support and has
not had regular contact with the child for 90 days.
(2)
Failure to maintain a parental relationship with the child without
good cause for a period of six months shall constitute prima facie
evidence of abandonment. Custody with extended family members with
voluntary consent to placement does not constitute abandonment.
(3)
Good cause shall include, but is not limited to:
(a)
Placing child with a relative to learn cultural, historical,
and familial traditions and the parent(s) continued to provide reasonable
support and regular contact with the child or children. However, failure
to visit or communicate with the child for a period of six months
or longer shall be considered abandonment.
(b)
Military service where contact is restricted or prohibited.
(d)
Jail or prison.
(4)
Abandonment is not established if the parent proves all of the
following by a preponderance of the evidence:
(a)
The parent had good cause for having failed to visit with the
child through the time period specified in this chapter/section/definition.
(b)
That the parent had good cause for having failed to communicate
with the child throughout the time period specified in this chapter/section/specified.
(c)
If the parent proves good cause, including good cause based
on evidence that the child's age or condition would have rendered
any communication with the child meaningless, that one of the following
occurred:
[1]
The parent communicated about the child with the person or persons
who had physical custody of the child during the time period specified
in this section/definition, with the agency responsible for the care
of the child during the time period specified.
[2]
The parent had good cause for having failed to communicate about
the child with the person or person who had physical custody of the
child or the agency responsible for the care of the child throughout
the time period specified in this section/definition.
C.
"Abuse" includes but is not limited to:
(1)
Physical abuse which includes interfering with a child's breathing,
any act that is likely to cause or does cause bodily harm greater
than minor temporary marks, including, but not limited to: bruising,
welting, abrasions, lesions, burns, broken bones, or other damage
to a child's body not clearly caused by accident, and/or giving a
child inappropriate food, drink, or drugs, withholding food for significant
period or otherwise malnourishing a child, or has knowingly exposed
the child to a home or other place where drugs are being used or manufactured.
(2)
Emotional maltreatment which is defined as a repeated pattern
of damaging interactions between a child and one or more parents or
caregivers that becomes typical of the relationship. The pattern may
be chronic and pervasive, or in some situations stimulated by the
parental use of alcohol or drugs. Emotional maltreatment may coexist
with or be a consequence of physical or sexual abuse, but it also
can exist as a separate event. "Emotional maltreatment" may include,
but is not limited to, the following: a child whose social relationships
are seriously impaired, and/or a child with very low self-esteem,
or a consistent pattern of emotional difficulties such as listlessness,
apathy, depression, or self-deprecating remarks; a child who does
not appropriately respond to normal adult behavior (e.g., cowering
or ingratiating himself or herself to adults behaving normally); a
child who is rejected or whose parent, guardian, or caretaker refuses
to accept him or her; a child whose parent, guardian, or caretaker
ignores him or her or deprives him or her of essential responsiveness
which stifles emotional growth and development; a child who is severely
intimidated, ridiculed or terrorized by verbally assaulting, bullying,
name calling, destroying possessions, or attacking pets or beloved
people of that child; a child who is isolated from normal social experiences,
prevented from forming friendships, or locked out of the home; a child
who is taught socially deviant behavior, such as by rewarding aggression,
delinquency, or sexual behavior; a child who is penalized for positive
or normal behavior; or an infant who is failing to thrive as a result
of the parent or discouraged from forming an attachment with his or
her caregiver; or
(3)
Sexual abuse or exploitation which includes failure of a parent,
guardian, or caretaker to adequately protect a child when the parent,
guardian, or caretaker knew or reasonably should have known that the
child was in danger of sexual abuse or exploitation and exposure.
Sexual abuse or exploitation may include, but is not limited to: molestation,
rape, or sexual assault; engaging in or attempting to engage in a
sexual act or sexual contact with a child; causing or attempting to
cause a child to engage in sexually explicit conduct; exposing a child
to lewd, pornographic or sexually explicit conduct or material; allowing
a child to engage in prostitution, obscene or pornographic photography,
filming, or other forms of illustrating or promoting sexual conduct;
or any sex offense, defined by statute, involving a child.
D.
"Active efforts" means:
(1)
To provide affirmative, active, thorough, and timely efforts
and rehabilitative and/or remedial services intended primarily to
maintain or reunite an Indian child with his or her family. Active
efforts help ensure that parents receive the services they need so
that they can be safely reunited with their children and to ensure
that services are provided that would permit the Indian child remain
or be reunited with parents, whenever possible. To help protect against
unwarranted removals by ensuring that parents who are, or may readily
become, fit parents are provided with services necessary to retain
or regain custody of their child.
(2)
In the event reunification is not possible, active efforts to
place the child with family members or other placements in accordance
with the highest placement preferences for the child to achieve permanency
must be made.
(3)
The Court may not order the child to be removed from the home
of the child's parent or legal custodian and placed in out-of-home
care placement unless it has been shown that there has been an affirmative,
active, thorough, timely, ongoing, vigorous and concerted level of
casework and that the active efforts were made in a manner that takes
into account the prevailing social and cultural values, conditions
and way of life of the child's Tribe and that utilizes the available
resources of the child's Tribe, tribal and other Indian child welfare
agencies, extended family members of the child, or other individual
Indian caregivers and other culturally appropriate service providers.
The Court shall consider whether all of the following activities were
conducted in determining whether active efforts were made:
(a)
Representatives designated by the Indian child's tribe with
substantial knowledge of the prevailing social and cultural standards
and child-rearing practice within the tribal community were requested
to evaluate the circumstances of the Indian child's family and to
assist in developing a case plan that uses the resources of the tribe
and of the Indian community, including traditional and customary support,
actions, and services, to address those circumstances.
(b)
A comprehensive assessment of the situation of the Indian child's
family was completed, including a determination of the likelihood
of protecting the Indian child's health, safety, and welfare effectively
in the Indian child's home.
(c)
Representatives of the Indian child's tribe were identified,
notified, and invited to participate in all aspects of the Indian
child custody proceeding at the earliest possible point in the proceeding
and their advice was actively solicited throughout the proceeding.
This subsection is not required for Menominee children.
(d)
Extended family members of the Indian child, including extended
family members who were identified by the Indian child's tribe or
parents, were notified and consulted with to identify and provide
family structure and support for the Indian child, to assure cultural
connections, and to serve as placement resources for the Indian child.
(e)
Arrangements were made to provide natural and unsupervised family
interaction in the most natural setting that can ensure the Indian
child's safety, as appropriate to the goals of the Indian child's
permanency plan, including arrangements for transportation and other
assistance to enable family members to participate in that interaction.
(f)
All available family preservation strategies were offered or
employed and the involvement of the Indian child's tribe was requested
to identify those strategies and to ensure that those strategies are
culturally appropriate to the Indian child's tribe.
(g)
Community resources offering housing, financial, and transportation
assistance and in home support services, in-home intensive treatment
services, community support services, and specialized services for
members of the Indian child's family with special needs were identified,
information about those resources was provided to the Indian child's
family, and the Indian child's family was actively assisted or offered
active assistance in accessing those resources.
(h)
Monitoring of client progress and client participation in services
was provided.
(i)
A consideration of alternative ways of addressing the needs
of the Indian child's family was provided, if services did not exist
or if existing services were not available to the family.
(4)
If any of the activities specified above were not conducted,
the person seeking the out-of-home care placement or involuntary termination
of parental rights shall submit documentation to the Court explaining
why the activity was not conducted.
(5)
The Court should not rely solely on past findings regarding
the sufficiency of the active efforts, but rather, should routinely
ask as part of the proceedings whether circumstances have changed
and whether additional active efforts have been or should have been
provided.
(6)
It is the burden of the petitioning party to prove active efforts
have been made through evidence, testimony, and qualified expert witnesses.
The burden of proof shall be by clear and convincing evidence except
for suspension of parental rights or termination of parental rights
for which the burden shall be beyond a reasonable doubt.
(7)
Prior to ordering an out-of-home placement, an involuntary foster-care
placement, or suspension or termination of parental rights, the Court
must conclude that active efforts have been made to prevent the breakup
of the family and that those efforts have been unsuccessful with findings
on the record and documented in their orders.
E.
"Adjudicated" means a formal judgment or order has been entered.
F.
"Adoptee" means the individual, child or adult who is adopted or
is to be adopted.
G.
"Adoption" means legally taking a child into one's family and raising
as their own.
H.
"Adoptive parent" means the person establishing or seeking to establish
a permanent parent-child relationship with a child who is not their
biological child.
I.
"Adult" means a person 18 years of age or older, or a person who
is otherwise emancipated by Court order.
J.
"Aggravated circumstances" means any factor involved in the commission
of an act of abuse or neglect that increases its enormity or adds
to its injurious consequences, including, but not limited to, abandonment,
torture, chronic abuse, incest or sexual abuse. Aggravated circumstances
shall include, but not be limited to, that the parent has:
(1)
Committed murder of another child of the parent; or
(2)
Committed voluntary manslaughter of another child of the parent;
or
(3)
Aided or abetted, attempted, conspired or solicited to commit
such a murder or voluntary manslaughter; or
(4)
Committed a felony assault that results in serious bodily injury
to the child or another child of the parent; or
(5)
Had his/her parental rights terminated involuntarily to a sibling
of the subject child; or
(6)
Abandonment.
K.
"Best interests of the child" is defined as a variety of factors
that shall be considered whenever making decisions regarding a child.
Best interest determinations are generally made by considering a number
of factors related to the child's circumstances and the parent, guardian
or caretaker's circumstances and capacity to parent, with the child's
ultimate safety and well-being being the paramount concern. Children
are a core part of tribal communities and the child's connection to
the tribe is of significant importance.
(1)
Best interest considerations are designed to protect children
and their relationship with their parents, extended family, and Tribe,
ensuing, if possible, children remain with their parents and that,
if they are separated, that support for reunification is provided.
(2)
Additionally, the following factors shall be considered in the
context of the child's age and developmental needs:
(a)
The physical safety and welfare of the child; including food,
shelter, health, and clothing;
(b)
The child's sense of attachments, including: where the child
actually feels love, attachment, and a sense of being valued (as opposed
to where adults believe the child should feel love, attachment, and
a sense of being valued);
(c)
The child's need for permanence, which includes the child's
need for stability and continuity of relationships with parent figures,
siblings, and other relatives;
(d)
The child's importance of their connection to the tribe and
the long-term advantages of remaining with their Tribe;
(e)
The child's background and community ties, including familial,
cultural, friend, school, and religion;
(f)
The least disruptive placement alternative for the child;
(g)
The recognition that every family and child is unique;
(h)
The exposure to violence in the home; and
(i)
The risks associated with being in out-of-home care.
L.
"Birth parent" means the biological parent.
M.
"Caretaker" means a person other than a parent or guardian in whose
custody a minor child has been placed temporarily and no order granting
legal custody has been given.
N.
"Child" means a person who has not attained the age of 18 and who
is unmarried or has not been emancipated.
O.
"Child in need of protection and/or services" means:
(1)
A child who has been abused.
(2)
A child who has been neglected.
(3)
A child has been abandoned.
(4)
The child has suffered or is likely to suffer serious physical,
emotional, or physical harm inflicted upon the child by his or her
parent, guardian(s), or caretaker(s) by other than accidental means
or which is self-inflicted and which causes or creates a substantial
risk of death, disfigurement, or impairment of bodily or mental functions.
(5)
The child has been knowingly or negligently exposed to a home
or other place where drugs are being used or manufactured, or is a
drug endangered child.
(6)
For reasons other than poverty, has not been provided with adequate
food, clothing, shelter, medical care, education, or supervision by
his or her parent(s), guardian(s), or caretaker(s) necessary for the
child's health and well-being.
(7)
Has been committing delinquent acts with parental pressure,
acquiescence, guidance, or approval.
(8)
Has a parent or guardian/caretaker who requests tribal intervention
and state that he or she is unable to care for, control, or provide
the necessary special care or treatment for the child.
(10)
Another child who resides in the child's home, or has regular
contact with the home or its residence and is subject to one or more
of the above conditions.
P.
"Constructive removal" means a child has not been physically removed
from the home but is in the Department's legal custody pursuant to
a Court order or is in placement pursuant to a voluntary placement
agreement with the Department.
Q.
"Culturally competent services" means services that are respectful
of and responsive to the health beliefs, practices and cultural and
linguistic needs of the child and family.
R.
"Customary adoption" means a traditional tribal practice recognized
by the community and Tribe which gives a child a permanent parent-child
relationship with someone other than the child's birth parent(s) and
there has been a suspension of parental rights.
S.
"Delinquent act" means an act committed by a child, which would be
designated as a crime pursuant to the Tribal Code and those traffic
offenses enumerated herein.
T.
"Delinquent child" or "Delinquent Juvenile" means a child who is
adjudicated to have committed a delinquent act.
U.
"Department" means the Menominee Tribal Family Services Department
[or its successor Department(s)] or other agency designated, through
written agreement, by the Menominee Tribal Legislature to carry out
the provisions of this chapter.
V.
"Detention" means the placement of a child alleged or determined
to have committed a delinquent act that requires custody in a physically
restricting facility for the protection of the child or the Menominee
Tribe.
W.
"Detention facility" means a place where a child alleged to have
committed a delinquent act may be detained under this chapter pending
a Court hearing or after adjudication.
X.
"Dispositional hearing" means a hearing on the factual and legal
issues of the petition upon which the Court renders a decision.
Y.
"Domicile" means a person's legal home or main residence in which
the person resides or to which the person intends to return. The domicile
of a child is generally that of the custodial parent or legal guardian.
Z.
"Emancipation" means a child over the age of 16 and under the age
of 18 who has shown he/she is capable of providing for himself/herself
without parental supervision and support; and a Court has issued an
order to that effect.
AA.
"Emergency proceeding" means and includes any Court action that involves
an emergency removal or emergency placement of a child. The threshold
for removal of a child on an emergency basis is if the child is facing
imminent physical damage or harm.
BB.
"Foster parent" means a person, including a relative of the child,
licensed by the Department or a child placement agency to provide
temporary care for children in the legal custody of the Department.
CC.
"Guardian" means a person, other than a parent appointed by an appropriate
legal entity, having the duty and authority to provide care and control
of a child.
DD.
"Guardian ad litem" means a person appointed by the Court to represent
the best interests of the child.
EE.
"Homeless child" means a child who is without family support and
who is living in shelters, on the streets, in cars or vacant buildings,
or who are "couch surfing" or living in other unstable circumstances.
FF.
"Indian child" for the purpose of this chapter shall mean any unmarried
person who is under age 18 and either:
(1)
Is a member or citizen of an Indian Tribe; or
[Amended 5-20-2021 by Ord. No. 21-42]
(2)
Is eligible for membership or citizenship in an Indian Tribe
and is the biological child of a member/citizen of an Indian Tribe;
(3)
Is registered or eligible for descendant registration with the
Menominee Indian Tribe.
GG.
"Involuntary proceeding" means a proceeding in which the parent does
not consent of his or her free will to the foster-care, pre-adoptive,
or adoptive placement or suspension or termination of parental rights
or in which the parent consents to the foster-care, pre-adoptive,
or adoptive placement under threat of removal of the child by the
Department.
HH.
"Juvenile in need of protection and services (JIPS)" means a child
who is in need of care or rehabilitation in the following situations:
(1)
Being subject to compulsory school attendance, is consistently
absent or tardy from school, pursuant to Menominee law; or
(2)
Consistently disobeys the reasonable and lawful demands of his/her
parent(s), guardian(s) or caretaker(s), or school personnel and is
beyond control; or
(3)
Has run away from parent(s) and/or guardian(s) home; or
(4)
Has committed a traffic offense; or
(5)
Has committed other noncriminal offenses under the Tribal Code.
(6)
The child who is under the age of 10 and has committed a delinquent
act.
(7)
The child who has been determined not to be responsible for
a delinquent act by reason of mental disease or defect, or who has
not been determined competent to proceed.
(8)
The child has dropped out from school.
II.
"Law enforcement officer" means police officers authorized to maintain
and keep the peace within the exterior boundaries of the Menominee
Indian Reservation.
JJ.
"Legal counsel" means a person who is a member of the Menominee Tribal
Bar.
KK.
"Legal custody" refers to the legal status over a child created by
Court order.
LL.
"Like kin" means is an individual who has an existing family-like
relationship with the child or child's family prior to the child's
entry into out-of-home placement, who has a significant emotional
connection to the child and the individual does not meet the definition
of relative.
MM.
"Neglect" means an act or failure to act, or cumulative effects of
a pattern of conduct, behavior, or inaction that shows a serious disregard
of consequences, and constitutes a clear and present danger to a child's
health, welfare or safety.
(1)
Neglect includes, but is not limited to:
(a)
A child who is not receiving the food, clothing, shelter, medical
care, education, or supervision needed for his or her well-being or
development;
(b)
An infant who is failing to thrive as a result of the parent;
(c)
A child left with a babysitter who is intoxicated, irresponsible,
too young or otherwise incapable of caring for the needs of the child;
(d)
A child who is doing the work of a parent in running a household
because the parent refuses or fails to act as a parent or forces the
child to do the work of the parent;
(e)
A child under the age of 12 who is left unattended or unsupervised
later than 5:00 p.m. on school nights or at any other time for nonemergency
situations;
(f)
A child under the age of 10 who is left unsupervised under any
nonemergent circumstance;
(g)
A child who is exposed to unsanitary or dangerous living conditions,
or has severe or persistent infestations or displays significant hygiene
deficiencies;
(h)
A child who is exposed to a dangerous or potentially dangerous
situation as a result of parental negligence;
(i)
A child whose parent(s) misuses benefits intended for the child,
such as selling or trading public benefits such as an Electronic Benefits
Transfer (EBT), commodities, the child's per capita, or the child's
disability or social security benefits;
(j)
An unborn or nursing child whose mother is using alcohol beverages,
controlled substances or controlled substance analogs, nonprescribed
drugs, and/or abusing prescribed drugs or hazardous substances, to
the extent that the fetus or child may be endangered;
(k)
Newborn with drugs in system and drug addicted and going through
withdrawals and not from prescribed treatment plan under physicians
orders;
(l)
A child who is directly exposed by their parent or caregiver
or parent or caregiver who fails to protect to allow for such exposure,
to abuse of controlled substances or controlled substance analogs,
drug manufacturing, selling, or distribution, and/or drug paraphernalia.
Direct exposure also includes living in, being present at or near
a dwelling, garage, store, shop, warehouse, vehicle, boat, aircraft,
or other structure or place;
(m)
An unborn child whose mother is not receiving adequate prenatal
care;
(n)
A child who is an unreported runaway;
(o)
A child who has excessive unexcused absences from school or
a child who is not enrolled in a school program;
(p)
A child who is expected to provide prolonged and unsupervised
babysitting services; or
(q)
A child who has been a passenger in an automobile, boat, or
other motorized vehicle driven by a person under the influence of
alcohol and/or drugs, with the knowledge of the child's parent(s),
guardian(s), or caretaker(s); or
(r)
A child that has been negligently exposed to a home or other
place where drugs are being used or manufactured, or is a drug endangered
child.
(2)
The failure of parent(s), guardian(s) or caretaker(s) to respond
to an infant or child's life threatening condition by providing treatment
(including appropriate nutrition, hydration, and medication) which,
in the treating physician's or physicians' reasonable medical judgment,
will be most likely to be effective in ameliorating or correcting
all such conditions, except that the term does not include the failure
to provide treatment (other than appropriate nutrition, hydration,
or medication) to an infant when, in the treating physician's or physicians"
reasonable medical judgment:
NN.
"Netāēnawemākanak services"
means in Menominee "all my relatives/family." It is a process by which
service providers agree to collaborate to improve the lives of children,
families and adults by creating, enhancing and accessing a coordinated
system of support through a strengths-based, client-driven model.
An emphasis is placed on identifying and enhancing the client's natural
and informal supports or to assist in finding new informal supports.
The client may be defined as an individual or as an entire family.
Netāēnawemākanak services
are specifically designed to address crisis concerns and keep an individual
child or adult in their home and community.
OO.
"Out-of-home care provider" means a foster parent, guardian, relative
other than a parent, or nonrelative in whose home a child is placed,
or the operator of a group home, residential care center for children
and youth, or shelter care facility in which a child is placed, under
the placement and care responsibility of the Department.
PP.
"Parent" means a biological or adoptive mother, biological or adoptive
father or an unwed father whose paternity has been acknowledged or
who is otherwise established as a legal father. Parent does not mean
a person whose parental rights to the child have been legally terminated
or suspended.
QQ.
"Paternity" means the legal acknowledgment of the parental relationship
between a father and his child or Court order which has established
paternity. For purposes of establishing paternity, a man is presumed
to be the father, if he:
(1)
Was married to the mother when the child was conceived or born.
He attempted to marry the mother (even if the marriage was not valid)
and the child was conceived or born during the "marriage"; or
(2)
Has his name on the birth certificate or other legal form, such
as a live birth acknowledgment form, and neither parent has challenged
it; or
(3)
Married the mother after the birth and agreed either to have
his name on the birth certificate or to support the child.
RR.
"Physical custody" means actual custody of the person in the absence
of a Court order granting legal custody to the physical custodian.
SS.
""Prosecutor" means the attorney designated to represent the Department
or bring actions into Tribal Court on behalf of the Tribe under the
provisions of this chapter.
TT.
"Protective custody" means removal of a child by the Department or
law enforcement from the home upon a non-judicial determination that
the child is not safe within the home.
UU.
"Protective services" means a program in which a Department social
worker intervenes and takes necessary action, including removal of
the child from the home, to protect and stabilize a family in the
best interest and welfare of the child.
VV.
"Protective supervision" refers to the legal status created by the
Court, by which the Department is given authority to monitor the safety
and welfare of the child, no matter where he/she is placed for the
duration of the proceedings before the Court.
WW.
(Reserved)
XX.
"Qualified expert witness" means a person who must be qualified to
testify regarding whether the child's continued custody by the parent
or Indian custodian is likely to result in serious emotional or physical
damage to the child, and should be qualified to testify as to the
prevailing social and cultural standards of the Indian child's Tribe.
(1)
A person may be designated by the Indian child's Tribe as being
qualified to testify to the prevailing social and cultural standards
of the Indian child's Tribe.
(2)
The social worker regularly assigned to the Indian child may
not serve as a qualified expert witness in child-custody proceedings
concerning the child, except for in cases where the Indian child is
Menominee, not an Indian child, or there is a separate expert witness
just for the prevailing social and cultural standards as described
below, and the social worker has been or will be admitted to the Court
as an expert witness.
(3)
The person should be qualified to testify as to the prevailing
social and cultural standards of the Indian Child's Tribe so that
expert testimony of whether the continued custody of the child by
the parent or Indian custodian is likely to result in serious emotional
or physical damage to the child is contextualized with the prevailing
cultural and social standards of the Indian child's Tribe.
(4)
Separate expert witnesses may be used to testify regarding potential
emotional or physical damage to the child and the prevailing social
and cultural standards of other Tribe.
(5)
A person testifying to the prevailing social and cultural standards
of the Indian child's Tribe must be knowledgeable and experienced
in the Tribe's society and culture.
(6)
The Tribe may designate a person as being qualified to testify
as to the prevailing social and cultural standards.
YY.
"Reasonable efforts" means the exercise of due diligence and care
by the Department of to utilize all accessible, available and culturally
appropriate services related to meeting the needs of the child and
the family, and to provide assistance and services needed to preserve
and reunify families;
ZZ.
"Relative" or "family member" means any person who is the child's
parent, stepparent, grandparent, great-grandparent, aunt or uncle,
brother or sister, brother-in-law or sister-in-law, niece or nephew,
cousin, or anyone who qualifies as like kin under this chapter and
has a significant and previously established a significant familial-type
relationship with the child.
AAA.
"Reunification" means a process of reconnecting children in
out-of-home care with their families. The reunification goal should
be done safely but in a timely manner and in a way to prevent further
removal from the home. There are two aspects to reunifications:
(1)
The physical return home of the child; and
(2)
Legal reunification in which there is an end of the Tribe's
legal authority for placement and care. "Return home on a trial basis"
is the physical return of the child from an out-of-home care placement
to live with the child's parents or with the primary caretaker from
whom the child was removed while the Tribe retains legal authority
for the placement and care (legal custody) of the child.
BBB.
"Risk" is defined as the likelihood of maltreatment occurring
in the future. Risk assessment requires making a safety determination
regarding the immediacy and severity of the risk.
CCC.
"Runaway" means:
(1)
A child who, without good cause and without the consent of his
or her parent, guardian or caretaker, is intentionally absent from
the child's home or legal residence with the intent to abandon the
child's home or legal residence for a period of more than 12 hours
or between the hours of 8:00 p.m. and 5:00 a.m., or in circumstances
presenting an imminent threat to the child's physical safety; or
(2)
A child who has intentionally abandoned a placement ordered
by the Juvenile Court or another Court having jurisdiction over the
child.
DDD.
"Sex offender" refers to any person that is required to be registered as a sex offender under Chapter 290, Criminal Code, Article XVI, Sex Offender Registration and Notification, where the sex offender's victim was a minor or a person designated and treated as such by a Court or a jurisdiction outside of the Tribe.
EEE.
"Shelter care" means a temporary placement of a child approved
by the Department pending final disposition of the Court.
FFF.
"Significant familial-like relationships" includes nonblood
relationships within the community that are significant to a child.
These types of relationships may be demonstrated through photographs,
testimony and/or child self-reports of a significant involvement with
the child. Significant familial-type relationship can also be created
through a relationship created as a result of a Court process or placement.
Such a relationship can be shown after the person has a relationship
with the child lasting for at least one continuous year, or since
the child's birth, whichever is shorter, until the present, and in
which the person has:
(1)
Had physical custody of the child or has resided in the same
household as the child;
(2)
Supplied, or otherwise made available to the child food, clothing,
shelter and incidental necessities and provided the child with necessary
care, education and discipline; and
(3)
Through interaction, companionship, and mutuality, helped fulfill
the child's psychological needs for a parent as well as the child's
physical needs.
GGG.
"Special needs child" means a child that suffers from physical
or mental disabilities and/or developmental need. For purposes of
adoption assistance, child with special need eligibility will be determined
by federal Title IV-E adoption assistance of the Social Security Act
and any agreements that set qualifications for adoption assistance.
HHH.
"Special treatment" means professional services which need to
be provided to a child or his or her family to protect the well-being
of the child, prevent placement of the child outside of the home,
or meet the special needs of the child. This term includes, but is
not limited to, medical, psychological or psychiatric treatment, alcohol
or other drug abuse treatment, or other services which the Court finds
to be necessary and appropriate.
III.
"Surrendered" or "surrendered newborn" means an unharmed child
who is 30 days old or younger.
JJJ.
"Suspension of parental rights" is defined as the permanent
suspension of the rights of birth parents to provide for the care,
custody and control of their child and is utilized only in circumstances
of customary adoption. The permanence of a suspension of parental
rights is the same as a termination of parental rights and it shall
have the same burden of proof of beyond a reasonable doubt. Suspension
of parental loss is a permanent loss of legal parental rights but
does not sever the parental connection/link/association/lineage. Termination
of parental rights is not the custom or tradition of the Menominee
people, but there are times where it is necessary to legally suspend
that parent-child relationship when it is in the child's and families'
best interest. Suspension of parental rights may be voluntary or involuntary.
Suspension of parental rights requires that a basis for suspension
be established under this chapter and that the best interest of the
child will be served.
KKK.
(Reserved)
LLL.
"Termination of parental rights" is defined as the permanent
termination of the rights of birth parents to provide for the care,
custody, and control of their child. It is the complete severance
of the parent-child relationship and is absolute and permanent. Termination
of parental rights may be voluntary or involuntary. The burden of
proof is on the party seeking to termination the parental rights.
MMM.
"Voluntary proceeding" means a proceeding that is not an involuntary
proceeding, such as proceeding for guardianship, foster-care, pre-adoptive,
or adoptive placement that either parent, both parents, or other legal
custodian such as a caretaker or guardian, of his or her or their
free will, without a threat of removal by the Department, consented
to or for a voluntary suspension or termination of parental rights.
(1)
The distinguish factor is whether then consented not whether
they personally "chose" the placement for the child.
(2)
Both parents allow for situations where both parents are known
and reachable.
(3)
If a parent refuses to consent the proceeding is involuntary.
Consent of one parent does not eliminate the rights and protections
under this chapter to a nonconsenting parent.
