Statutes | Lummi Nation Code of Laws Title 8 Chapter 8.01 ยง 8.01.090 | 2018
For purposes of this Title, unless otherwise provided in this Title,
(a) a "child' is a person under the age of 18 who has not been emancipated, except that a person under 18 who while emancipated has committed a crime will be treated as a child unless the provisions of 8.03.010 apply as used in this Title, the term "minor" means a child as defined in this subsection
(b) an "Indian child" under this Title, is a child who is: (1) a member of the Lummi Nation as defined in (c) of this section or (2) a member of or eligible for membership in another federally recognized Indian Tribe
(c) a "member of the Lummi Nation" under this Title and for the purposes of the Indian Child Welfare Act shall include:
(1) a child enrolled or eligible for enrollment in the Lummi Nation under Title 34 of this Code, or would be eligible for enrollment if the child's eligible parent were enrolled
(2) a child or grandchild of an enrolled member of the Lummi Nation or
(3) a child who is one-quarter or more Lummi blood quantum or
(4) a child who is otherwise recognized as a member of the Lummi Nation community, as determined in accordance with LCL 8.010.130 recognition of membership pursuant to this subparagraph does not, in itself, provide jurisdiction by the Lummi Children's Court over the child or grant the child enrollment member privileges as defined by the Lummi Nation Constitution or by Title 34 of Lummi Code of Laws
(d) a "legal parent" is the birth or adoptive parent of a child, but does not include a birth parent whose legal relationship with the child have been judicially permanently suspended, nor a putative father whose name is not on the birth certificate unless his paternity is established under Chapter 11.05 of the Lummi Code of Laws
(e) a "child welfare worker" is a person designated by the Lummi Children Services Department to carry out the functions each of its programs is assigned to take under this Title
(f) the "Lummi Children's Court" or "Children's Court" is the Lummi Tribal Court while sitting on cases under this Title the term "court" as used in this Title shall mean the Lummi Children's Court, unless otherwise specified
(g) the "Lummi Child Consultation Team" is defined by LCL 8.01.130 of this Title
(h) a "relative" is a person connected to the child by blood or marriage
(i) a "legal custodian" is a non-parent established by a court of law to be the legal custodian of a child, with the power and duties granted in the custody order the term includes the Lummi Children Services Department when made the custodian of the child
(j) a "legal guardian" is a non-parent established by a court of law to be the legal guardian of a child, with the powers and duties granted in the guardianship order
(k) "abandonment" means that
(1) the child is an infant between three and twelve months old, and the parent has not initiated any contact since the infant was released from the hospital after birth or
(2) the child is over one year old, and the parent has not initiated any contact with the child for 12 consecutive months or has only had infrequent and irregular contact in the most recent 22 months
For the purpose of this subsection, a "contact" includes visits, telephone calls, letters, and gifts and the contact must be intentionally initiated by the parent, rather than occurring by chance
(l) "termination of parental rights" is a procedure provided under this Code prior to the
2013 amendments. For the purpose of the Lummi Code of Laws, a termination of parental rights that occurred in this jurisdiction prior to the amendment, or in another jurisdiction, shall be conformed to the outcome of a proceeding under Chapter 8.07 of this Title to permanently suspend the legal relationship between the parent and child.