Statutes | Cherokee Code Part II Chapter 7A Article I ยง 7A-2 | 2019
Unless the context clearly requires otherwise, the following words have the listed meanings:
(a) Caretaker shall mean any person other than a parent who is caring for a juvenile, including any blood relative, step-parent, foster parent, or house parent, cottage parent or other person supervising a juvenile in a child care facility.
(b) Clerk shall mean the Clerk of the Cherokee Court, acting clerk, or assistant or deputy clerk.
(c) Court shall mean the Cherokee Court of Indian Offenses or Cherokee Tribal Court.
(d) Court counselor shall mean a person responsible for probation and aftercare services to juveniles on probation or on conditional release.
(e) Custodian shall mean the person or agency that has been awarded legal custody of a juvenile by a court.
(f) Delinquent juvenile shall mean any juvenile who is less than 18 years of age who has committed a criminal offense under Tribal or federal laws, including violation of the motor vehicle laws.
(g) Detention shall mean the confinement of a juvenile pursuant to an order for secure custody pending an adjudicatory or dispositional hearing or admission to a placement.
(h) Detention home shall mean an authorized facility providing secure custody for juveniles.
(i) Guardian shall mean a person who legally has the care and management of the person or the estate or both, of a child during its minority.
(j) In loco parentis shall mean person acting in loco parentis, other than parents or legal guardian, who has assumed the status and obligation of a parent without being awarded the legal custody of a juvenile by a Court.
(k) Intake counselor shall mean a person who screens a petition alleging that a juvenile is delinquent or undisciplined to determine whether the petition should be filed.
(l) Judge shall mean any judge of the Cherokee Court of Indian Offenses or Cherokee Tribal Court.
(m) Juvenile shall mean any person who is less than 18 years of age and is not married, emancipated or a member of the armed services of the United States. A juvenile who is married, emancipated or a member of the armed forces shall be prosecuted as an adult for the commission of a criminal offense. Wherever the term "juvenile" is used with reference to rights and privileges, that term encompasses the attorney for the juvenile as well.
(n) Parent shall mean any biological parent or parents of a juvenile or any person who has lawfully adopted a juvenile. It does not include the unwed father where paternity has not been acknowledged or established.
(o) Petitioner shall mean the individual who initiates Court action whether by the filing of a petition or of a motion for review alleging the matter for adjudication.
(p) Probation shall mean the status of a juvenile who has been adjudicated delinquent subject to specific conditions under the supervision of a Court counselor who may be returned to the Court for violation of those conditions during the period of probation.
(q) Prosecutor shall mean the prosecuting attorney for the Cherokee Court of Indian Offenses or the Cherokee Tribal Court.
(r) Protective supervision shall mean the status of a juvenile who has been adjudicated delinquent or undisciplined and is under the supervision of a Court counselor.
(s) Shelter care shall mean the temporary care of a juvenile in a physically unrestricting facility pending Court disposition.
(t) Undisciplined juvenile shall mean a juvenile who is less than 18 years of age who is unlawfully absent from school who is regularly disobedient to his parent, guardian, or custodian and beyond their disciplinary control, who is found in places where it is unlawful for a juvenile to be who purchases, possesses, consumes or receives a tobacco product or who has run away from home.
(Ord. No. 76A, 1-8-1998 Ord. No. 289, 7-17-2000 Ord. No. 160, 2-14-2002 Ord. No. 524 , 7-17-2015)