9-3-104. Youth in Need of Care--Definitions

Statutes | Crow Tribe of Montana Law and Order Code Title 9 Part 3 § 9-3-104 | 2019

 A youth in need of care means a child who has been found to be in one or more of the following situations:

(1) An Abused Child: One who has suffered or is likely to suffer a physical injury, inflicted upon the child by other than accidental means, which causes or creates a substantial risk of death, disfigurement, impairment of bodily functions or serious physical or emotional harm, as determined by appropriate medical or professional personnel. The following are examples of circumstances in which a child could be found to be an abused child, but as such are not intended to be all-inclusive:

(a) A child who has been excessively beaten or suffered other unusual or inappropriate corporal punishment.

(b) A child who suffers injury to his or her psychological functioning, as determined by an appropriate professional person, as a result of psychological or other abuse.

(c) A child who has been subjected to obscene or indecent sexual activities as a result of pressure, guidance, or approval of the childs parent or custodian.

(d) A child who has been a passenger in a vehicle driven by an intoxicated person, with the knowledge or approval of the childs parent or custodian.

{2) A Neglected Child: One whose parent or custodian fails to provide such food, clothing, shelter, medical attention, hygiene, education, or supervision as the child needs for development, although the parent or custodian was able to furnish such needs or has refused Tribal or other assistance for furnishing such needs, and such " failure is likely to result in serious harm to the child as determined by appropriate medical or professional persons.

(3) A Delinquent Child: One who has been found in a Court or other appropriate proceeding, to have committed repeated delinquent acts, and whose parent or custodian is unable or unwilling to control such behavior.

(4) A Dependent Child: One who has no parent or custodian available, willing or able to care for the child. Nothing in these definitions shall be used to interfere with or prohibit the cultural and spiritual development of the child or with reasonably accepted community standards of child-raising practices of the childs family or Tribe.