Statutes | Coquille Juvenile Code Chapter 640 ยง 640.015 | 2019
(1) Abandoned child means any child whose parent or guardian has left the child without reasonable arrangements for care and supervision such that the physical or emotional health of the child is affected or where no parent is ready, willing and able to care for the child for a period of 6 consecutive months. Abandonment by a noncustodial parent shall be deemed to have occurred when the non-custodial parent has failed to maintain a normal parent-child relationship, including the failure to pay reasonable support, or make regular personal contact for 12 consecutive months without just cause. The term shall not mean incapacity due to incarceration, hospitalization or other physical or mental condition.
(2) Best interests means the preservation of the connection between a child and his or her culture, family and tribe in a setting that is stable, secure, safe, healthy, and emotionally, spiritually, socially and intellectually enriching with due regard of the special needs of the child, or the creation of such a connection if one does not already exist.
(3) CASA means Court Appointed Special Advocate who is a responsible adult, other than an attorney, who has volunteered to serve as an officer of the court and an advocate of the child, and who has been appointed by the court to so serve.
(4) Child means any child under 18 years of age that is not married or otherwise emancipated, or if circumstances require, a child under 21 years of age.
(5) Child abuse includes but is not limited to:
(a) any case in which:
(i) a child is dead or exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling and,
(ii) such condition is not justifiably explained or may not be the product of an accidental occurrence or,
(b) any case in which a child is subjected to sexual assault, sexual molestation, sexual exploitation, sexual contact, or prostitution or
(c) any case in which a child is physically assaulted, which shall include, but not be limited to: intentional, knowing or reckless infliction of physical injury to the child intentional, knowing, reckless or negligent infliction of physical injury to the child by means of a deadly weapon or
(d) any case in which a child&rsquos mental health is affected by an observable and substantial impairment in functioning caused by cruelty, with due regard to the culture of the child.
(6) Child neglect means negligent treatment or maltreatment of a child by a person responsible for the child&rsquos welfare, under circumstances which indicate that the child&rsquos health and welfare is harmed or threatened by, but not limited to, the failure to provide adequate food, clothing, shelter, or medical treatment.
(7) Coquille child means any child who is a member of the Coquille Tribe, or is eligible for membership in the Coquille Tribe and is the biological child of a Coquille tribal member.
(8) Court means the Coquille Tribal Juvenile Court.
(9) Custodian means a person who has physical custody of a child pursuant to tribal law or custom, or the laws of a state, or to whom temporary physical care, custody and control has been transferred by the parent or custodian of such child without order of the court.
(10) Extended family means any person who is the childs grandparent, greatgrandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent.
(11) Family violence means:
(a) any act or threatened act of violence or forceful detention, which results in physical or mental injury, or places the individual in fear of such harm and
(b) such act is committed against the individual by:
(i) a person related by blood or marriage who is a spouse or husband, brother or sister, parent or child or
(ii) a person residing with the individual.
(12) Social Services means the Social Services Division of the Coquille Community Health Center.
(13) Indian child means a child who is a member of an Indian Tribe or
(a) eligible for membership in an Indian Tribe and the biological child of a tribal member or
(b) an Indian child as that term is defined by a state-tribal agreement.
(14) Indian country means all lands owned by, held in trust for, leased, occupied or otherwise controlled by the Tribe or any instrumentality of the Tribe including any and all areas which may constitute the Indian country of the Tribe under an applicable provision of tribal or federal law.
(15) Indian Custodian means any Indian person who has legal custody of an Indian child or Coquille child under tribal law or custom, or under state law or to whom physical custody, care and control has been transferred by the parent of such Indian child.
(16) Indian person means any person who is a member of an Indian Tribe as that term is defined by this Ordinance.
(17) Indian Tribe means any Indian tribe, band, nation or other organized group or community of Indians recognized as eligible for the services provided to Indians by the United States Government because of their status as Indians, including any Alaska Native Village as defined in section 1603(c) of Title 43 to the U.S. Code (Alaska Native Claims Settlement Act).
(18) Local law enforcement means any law enforcement authority that is authorized to conduct law enforcement activities within the exterior boundaries of the reservation or Indian country. When this term is used, a presumption is created that the term first means the Coquille Tribal Police.
(19) Parent means the biological or adoptive parent of a child.
(20) Public or Private Official means a physician, including any intern or resident dentist school employee licensed practical nurse or registered nurse peace officer psychologist clergyman optometrist chiropractor naturopathic physician licensed professional counselor or marriage and family counselor firefighter or emergency medical technician Court Appointed Social Advocate Attorney certified child care provider or foster care provider, or employee thereof employee of the Department of Social Services or Coquille Community Health Center a tribal or county health department community or tribal mental health and developmental disabilities program tribal or county juvenile department or licensed alcohol and drug treatment program.
(21) Qualified expert means any person who is:
(a) a member of the child&rsquos tribe who is recognized by the tribal community as knowledgeable in tribal customs regarding familial organizations and childrearing or
(b) a lay person having substantial experience in the delivery of social services to Indian families and children, and has extensive knowledge of prevailing social and cultural standards and child-rearing practices within the child&rsquos tribe or
(c) a professional with substantial experience in his or her field.
(22) Qualified Elder or Historian means an individual who, because of his or her knowledge or experience, has been certified by the Coquille Tribal Council to testify as to the traditions and customs of the Coquille Tribe before any federal, state or tribal court or administrative body.
(23) Reservation means the exterior boundaries of the Coquille Indian Tribe reservation in the State of Oregon, as that reservation is now or hereafter defined by the United States.
(24) Spiritual Healing shall not be included under the definitions of abuse or neglect when any child is under care or treatment solely by spiritual means in accordance with the religious beliefs or practices of the child or the child&rsquos parent or custodian.