Statutes | Kenaitze Indian Domestic Relations Code Chapter 1 ยง 8 | 2020
Unless otherwise specified, the following words and phrases, whenever used in this Code, shall have the following meanings:
"Adoptive placement" means the permanent placement of a child for adoption.
"Adult" means a person who is 18 years of age or older.
"CASA" means a Court Appointed Special Advocate trained by the Tribe or other approved organization.
"Child" means a person who is under 18 years of age.
"Child protection proceeding" means a case where a child is found to be a "child in need of aid," a foster care placement case, a termination of parental rights case, a preadoptive or adoptive placement case, or an adoption case that is contested by a parent, custodian or guardian.
"Corporal Punishment" means the infliction of excessive bodily pain as a penalty for disapproved behavior. It includes actions such as shaking, spanking, delivering a blow with a part of the body or an object, slapping, punching, pulling or action that seeks to induce pain.
"Custodian" means a person who has been given responsibility to care for a child either by a parent, or under tribal custom, court order, tribal law or State law.
"Domestic violence" Domestic violence means assault, threats of violence, or physical, sexual, or mental abuse of a person when the victim is a spouse, a former spouse or partner, an extended family member, a boyfriend or girlfriend, or any other person who has been an intimate partner, or a member of the social unit made up of those living together in the same dwelling as the victim or perpetrator.
"Extended family" means the persons parents, children, grandparents, great-grandparents, great-aunts, great-uncles, aunts, uncles, cousins, sisters, and brothers, or someone who is considered to be extended family under the traditional laws of the Kenaitze Tribe.
"Foster care placement" means any action removing a child from his/her parent or custodian for temporary placement in a foster home, a relatives home, an institution or the home of a guardian where the parent or custodian cannot have the child returned on demand.
"Foster home" means a home certified or licensed to provide foster care by the Kenaitze Tribe or another federally recognized tribe or a state licensed home.
"Guardian" means a person who is not a parent and is appointed by a tribal or state court to have legal custody of a child. A "Guardian" is not the same thing as a "Guardian ad litem."
"Guardian ad litem" means a person appointed by the Kenaitze Tribal Court to look after the best interests of any child involved in a case under this Code. The guardian ad litem (or GAL) shall be a full party in all cases. The guardian ad litems job is to investigate facts in the case and advise the Court what actions the Court should take that would be in the childs best interest. The Court may adopt the advice of the GAL in whole or in part, or for good cause, may act or order action that is different than the advice of the GAL.
"Involved agency" means an agency that is a party to the case due to the request of the Tribe or because of the jurisdiction of another government over the case. Examples of this might be the Nakenu Family Center, State of Alaska OCS, or the social services department of another tribe or county in another state.
"Most significant contacts" means, among other things, that the Kenaitze Tribal Court shall consider, but is not limited to, the following factors:
1. Length of time the child has lived in or near the Kenaitze Tribal Territory and
2. The childs participation in the activities of the Kenaitze Indian Tribe and
3. The childs fluency in the Native Language of the Denaina People and
4. Whether there has been a previous case with respect to the child by the Kenaitze Tribal Court and
5. The tribal membership of the childs custodial parent or other custodian and
6. The childs self identification with the Kenaitze Indian Tribe
7. Matriarchal Considerations and
8. Any other information relevant to the childs contacts with the Kenaitze Indian Tribe.
"Parent" means the biological parent of a child or any person who has lawfully adopted a child, whether in State or Tribal Court, or under tribal custom. It shall not mean any person as to whom the parent-child relationship has been lawfully terminated.
"Parties" means Petitioner(s) and Respondent(s) listed in the Petition to use the Tribal Court, the guardian ad litem/CASA and any other person or entity who is given the right by the Tribal Court to express and protect their interests in a case.
"Preadoptive placement" means the temporary placement of a child in a foster home or institution after the termination of parental rights, but prior to or in place of adoptive placement.
"Probable cause" for the purposes of a "child protection proceeding" means evidence from a reasonable, trustworthy source that would be a reasonable ground for belief that a child is a "child in need of aid" and that an investigation and hearing should be conducted to determine all the facts.
"Substance Abuse" means when the use of drugs, alcohol, or other mind-altering substances negatively affects any aspect of a persons life or their childrens lives.
"Termination of parental rights" means any action resulting in the involuntary termination of the parent-child relationship.
"Ward" means a child who has been taken into custody by the Court making the Court the childs legal guardian.