Statutes | Klamath Juvenile Ordinance Title 2 Chapter 15 ยง 15.03 | 2020
The following words shall have the following meanings under this Ordinance:
(a) "Abused child" means a child who has been physically, emotionally, psychologically, or sexually abused, mistreated, or exploited by any person "child abuse" includes but is not limited to any case:
(1) in which a child is dead, or exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fractures of any bone, subdural hematoma, soft tissue swelling, or any other physical injury or impact that may be the result of deliberate and/or inappropriate infliction by any person and this condition is not justifiably explained or may not be the result of accidental occurrence
(2) in which a child is mentally or emotionally injured by the behaviors of any person and such injuries result in observable and substantial impairment of the childs mental, emotional, or psychological ability to function
(3) in which a child is subjected to sexual assault, rape, sexual molestation, sexual exploitation, sexual contact, sexual abuse, pornography, or prostitution or is otherwise exposed to inappropriate sexual conduct and/or
(4) in which a child is subjected to substantial risk of harm to his or her health, safety, welfare, or morals including risks associated with family violence
(b) "Adoptive placement" means the permanent placement of a child for adoption, including any action resulting in a final decree of adoption
(c) "Child" means any unmarried person under the age of eighteen (18) years
(d) "Child custody proceeding" means foster care placement, termination of parental rights, preadoptive placement, long term placement, and adoptive placement, but such term or terms shall not include a placement based upon an act which, if committed by an adult, would be deemed a crime, or an award of custody to one of the parents in a proceeding for divorce or legal separation
(e) "Child in need of supervision" means a child:
(1) who is subject to compulsory education but who is absent without an authorized excuse more than ten (10) days during a school semester
(2) who disobeys habitually the reasonable and lawful demands of his or her parent, guardian, or custodian and is ungovernable and out of control
(3) who commits an act not classified as criminal that is prohibited by the Klamath Tribal Code or any other Klamath tribal, regulation, ordinance, tradition, or custom
(4) whose behavior, condition, environment, or associations are injurious or dangerous to himself or herself or others
(4) who is a runaway or
(5) who is otherwise in need of care and rehabilitation
(f) "Child Protective Team" means the multi-disciplinary team established by this Ordinance to review allegations of abuse and neglect reported to a law enforcement agency or the Social Services Department
(g) "Child Welfare Placement Board" means the Child Welfare Placement Board of the Klamath Tribes established in this Ordinance
(h) "Custodian" means any person who has legal custody of a child under the laws, traditions, or customs of the Klamath Tribes or under a state law or to whom temporary physical care, custody, and control has been transferred by the parent of such child
(i) "Delinquent child" means a child who commits an act that, if committed by an adult, would be punishable as a crime under the Klamath Tribal Code or other applicable federal, state, or tribal law
(j) "Developmentally disabled or mentally ill child" means a child who is physically or mentally ill or handicapped such that the child is impaired or incapable of understanding or acting with the discretion or in the manner of healthy children of the same age
(k) "Extended family" means a person who is at least eighteen (18) years of age and who is the childs grandparent, aunt, uncle, brother, sister, brother-in-law, sister-in-law, niece, nephew, first or second cousin, or stepparent, or who is otherwise recognized as a relative of the child pursuant to the traditions and cultural customs of the Klamath Tribes
(l) "Family violence"means any act, or threatened act, of violence, including any forceful detention of a person that results, or threatens to result, in physical or mental injury, and is committed by a person against another person to whom such person is or was related by blood or marriage or otherwise is legally related, or with whom the person is or was residing, or with whom such person has or had intimate or continuous contact and household access
(m) "Foster care placement" means any action removing a child from his or her parent, guardian, or custodian for placement in twenty-four (24) hour substitute care in a foster care home, emergency shelter, preadoptive or long term care home, or other child care institution or facility and where the Social Services Department has placement and care responsibility
(n) "Guardian"means a judicially created relationship between a child and caretaker that is intended to be permanent and self-sustaining as evidenced by the transfer to the caretaker of the following parental rights with respect to the child: protection, education, care and control of the person, custody of the person, and decisionmaking
(o) "Guardian ad litem" means a special guardian appointed by the Juvenile Court to represent and defend the interests of a child in a proceeding before the Court
(p) "Indian" means any person who is a member of a federally-recognized Indian tribe
(q) "Indian child" means any child who:
(1) is a member of an Indian tribe or
(2) is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe
(r) "Indian ChildWelfare Act" means the act of November 8, 1978, Pub. L. No. 95-608, 92 Stat. 3069, codified at 25 U.S.C. §§ 1901 et seq., and any regulations and guidelines promulgated thereunder, as such may be amended from time to time, provided that any such guidelines shall not be binding on the Juvenile Court and
(s) "Indian ChildWelfare Act Agreement"means the Indian Child Welfare Act Agreement between the State of Oregon and the Klamath Tribes, as it now exists or is hereafter amended
(t) "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 Secretary of the Interior because of their status as Indians, including any Alaska Native village
(u) "Juvenile Court" or "Court" means the Klamath Juvenile Court unless the context otherwise requires
(v) "Klamath child"means any child who is amember of the Klamath Tribes or is eligible for membership in the Klamath Tribes and is the biological child of a member of the Klamath Tribes or
(w) "Klamath Tribal Lands" means all land, the title to which is held in trust by the United States for the benefit of the Klamath Tribes, held by the Klamath Tribes or a member of the Klamath Tribes subject to a restriction by the United States, or held in fee by the Klamath Tribes, and all other lands that may hereafter be acquired or conveyed in fee to, or held in trust for the benefit of, the Klamath Tribes, whether by purchase, gift, act of Congress, or otherwise
(x) "Klamath Tribal Service Area" means Klamath County, which is that geographical territory where the Klamath Tribes and their members residing therein are deemed to be residing in or near a reservation and eligible for all federal services and benefits available to federally recognized Indian tribes and their members who reside on or near a reservation, as provided by Section 2(c) of the Klamath Indian Tribe Restoration Act, Pub. L. No. 99-398, 100 Stat. 849 (Aug. 27, 1986), codified at 25 U.S.C. § 566
(y) "Klamath Tribes" or "Tribes"means the Klamath Indian Tribe of Oregon, a federally-recognized Indian tribal government
(z) "Law enforcement agency" or "law enforcement officer" means any law enforcement agency or officer thereof that is authorized to enforce the laws of the Klamath Tribes and/or to investigate allegations that a Klamath child or a child on Klamath Tribal Lands is abused, neglected, in need of supervision, or delinquent and
(aa) "Legal custody" means the legal obligation and responsibility for the care, custody, and control of a child
(bb) "Long term placement" means any long term placement or other permanent arrangement providing for the care and custody of a child before or after the termination of parental rights, but in lieu of adoptive placement
(cc) "Neglected child" means a child who has been subjected to negligent treatment or maltreatment by a person, including but not limited to a parent, guardian, or custodian, under circumstances that indicate that the childs health or welfare is harmed or threatened, provided that "neglected child" specifically means a child:
(1) who has been abandoned by his or her parents, guardian, or other custodian
(2) who is without proper parental care and control, subsistence, education, medical, or other care or control necessary for his or her well being because of the faults or habits of his or her parents, guardian, or other custodian, or their refusal or inability to so provide
(3) whose parents, guardian, or other custodian are unable to discharge their responsibilities to and for the child because of incarceration, hospitalization, addiction, immaturity, or other physical or mental incapacity and/or
(4) who is without the special care made necessary by his or her physical, mental, emotional, or psychological condition because his or her parent, guardian, or custodian refuses or is unable to provide it
(dd) "Parent" means the biological parent of a child, or adoptive parent of a child under Klamath tribal law, tradition, or custom or under state law, but the term does not include an unwed father where paternity has not been acknowledged or established by a court of competent jurisdiction or by an affirmative act of the unwed father recognizing his relationship with the child
(ee) "Person" means a natural individual (adult and child) unless the context requires otherwise
(ff) "Preadoptive placement" means the temporary placement of a child in a foster care home or institution after the termination of parental rights, but prior to adoptive placement
(gg) "Shelter care" means temporary refuge in a foster care home or other facility appropriate for children taken into protective custody pending Juvenile Court adjudication and disposition or transfer to another jurisdiction
(hh) "Social Services Department" means the Social Services Department of the Klamath Tribes
(ii) "Termination of parental rights"means any adjudication resulting in the termination of the parents rights and of the parent-child relationship and
(jj) "Ward"means a child who is subject to the supervision, care, and/or management of a person, agency, department, or institution legally appointed by the Juvenile Court and who remains under the continuing jurisdiction of the Juvenile Court "ward" also means a child who is made a ward of the Juvenile Court under the provisions of this Ordinance.