Statutes | Crow Tribe of Montana Law and Order Code Title 9 Part 1 ยง 9-1-107 | 2019
(1) "Adult" means any person who has reached his or her eighteenth (18th) birthday.
(2) "Child" means any person less than eighteen (18) years of age.
(3) "Child Custody Proceeding" means any voluntary or involuntary court action, informal or formal, but not including divorce actions, that may result in the temporary or permanent removal of a child from his or her parents, guardian or custodian. This definition shall not involve delinquency proceedings, except such proceedings involving acts which would not be deemed a crime if committed by an adult.
(4) "Child in Need of Care" or "Youth in Need of Care" means any child: (I) abandoned by his or her parents, guardian, or custodian, or
(ii) subjected to cruelty or physical, sexual, or emotional abuse, by or through the willful acts or omissions of the childs parents, guardian, or custodian to provide such care and control, or
(iii) who lacks the parental care and control necessary for his or her well-being because of the failure or inability of his or her parents, guardian, or custodian to provide such care and control, or
(iv) who has not been provided with adequate food, clothing, shelter, medical care, education, or any care or necessities essential to his or her well-being, by his or her parents, guardian, or custodian, or
(v) who has been placed for care or adoption in violation of the law, or
(iv) any Youth defined under Section 9-3-104 herein.
(5) "Community Advisors" means those members of the Tribal community having knowledge of the cultural or spiritual traditions or ways of the Crow Tribe who may be selected by the Court to counsel the child or the childs family. Community Advisors may provide such counseling either as individuals or in groups according to the specifications of the Court and the traditions of the Crow Tribe. Culture Committees will submit lists of people willing to serve as Advisors to Court.
(6) "Custodian" means a person other than a natural parent or adoptive parent who has legal custody or lawful physical custody of an Indian youth.
(7) "Delinquent Act" means an act that would, if committed by an adult, be designated a crime under the Crow Tribal Code.
(8) "Delinquent Child" means a child who has committed a delinquent act according to the provisions of the Codes of the Crow Tribe.
(9) "Domicile" means the place considered to be the childs home, according to the traditions and customs of the Crow Tribe, or the place where the child is living and is expected to continue living for an indefinite period of time.
(10) "Emancipated Minor" means a person under the age of eighteen (18) years who supports him/herself or who is married and has been determined by the Court to be free from restrictions as a minor child.
(11) "Expert Witness" means a witness who is either:
(a) A member of the Tribal community who is an acknowledged expert on the cultural or spiritual traditions of the Crow Tribe
(b) A professional person having a recognized education in medical, sociological, spiritual, or other fields which the Court may determine relevant in child custody proceedings and who has special expertise in Indian culture.
(12) "Extended Family" means any person related by blood or marriage to the child having significant contacts with the child and who is viewed as an extended family member in accordance with the customs of the Crow Tribe.
(13) "Foster Care" means the placement of a child to reside with another family or person for a specified period of time.
(14) "Guardian ad Litem" means a person appointed by the Tribal Court to represent and protect the legal rights and interests
of the child in a Tribal Court proceeding.
(15) "ICWA" means the Indian Child Welfare Act, Public Law 95-608, 25 U.S.C. 1901 et seq. (1978).
(16) "Indian Youth or Indian Child" means a child of Indian descent who is either enrolled or enrollable in an Indian tribe, band, community, or who is a biological descendant of an enrolled member and has significant contacts or identification with an Indian community.
(17) "Least Restrictive Alternative" means that the Court is directed to select the least drastic method of achieving its goal that the restrictions placed on the child must be reasonably related to the Courts objectives and must be the least restrictive way ,and the way least disruptive of the family unit, for achieving that objective.
(18) "Parent" means any biological father or mother of an Indian child or any person who has adopted an Indian child.
(19) "Protected Children" also means wards of the Court.
(20) "Reservation" means the Crow Reservation of the Crow Tribe.
(21) "Residence" means the place where the child is presently living.
(22) "Shelter Care" means the residential care of children in a shelter care facility or group home approved by Tribal Social Services.
(23) "Tribal Advocate" means a person who is allowed to represent another person in a Tribal Court proceeding according to qualifications set out by the Tribes Code provision.
(24) "Tribal Member" means, for jurisdictional purposes under this Code, an Indian child who is either of:
(a) An enrolled or enrollable member of the Crow Tribe or
(b) A person of Indian descent having significant contacts or identification with the Tribal community, and is a descendant of a mother or father who is an enrolled or enrollable member of the Crow Tribe.
(25) "Tribal Social Services" means the Tribal Social Services Department of the Crow Tribe which is also known as the Family Assistance Division.
(26) "Youth" means any person less than eighteen(18) years of age.
(27) "Court" means the Tribal Court of the Crow Tribe, unless another court is clearly specified or intended.