Statutes | Cherokee Code Part II Chapter 14 Article VII ยง 14-30.1 | 2019
(a)
Any person shall be guilty of contributing to the delinquency, undiscipline, neglect, or abuse of a minor who knowingly or willfully causes, encourages, or aids any juvenile to be in a place or condition, or to commit an act whereby the juvenile could be:
(1)
Adjudicated "delinquent" or "undisciplined" (as defined by chapter 7A of the Tribal Code) or
(2)
Determined to be "abused" (as defined by NCGS 7B-101 and any amendments, until such time as the Tribe adopts its own code to deal with abuse). North Carolina law currently defines an abused juvenile to be any juvenile less than 18 years of age whose parent, guardian, custodian, or caretaker:
a.
Inflicts or allows to be inflicted upon the juvenile a serious physical injury by other than accidental means
b.
Creates or allows to be created a substantial risk of serious physical injury to the juvenile by other than accidental means
c.
Uses or allows to be used upon the juvenile cruel or grossly inappropriate procedures or cruel or grossly inappropriate devices to modify behavior
d.
Commits, permits, or encourages the commission of a violation of the following by, with, or upon the juvenile: first-degree rape second degree rape first-degree sexual offense sexual act by a custodian crime against nature incest preparation of obscene photographs, slides, or motion pictures of the juvenile employing or permitting the juvenile to assist in a violation of obscenity laws dissemination of obscene material to the juvenile displaying of disseminating material harmful to the juvenile first and second degree sexual exploitation of the juvenile promoting the prostitution of the juvenile taking indecent liberties with the juvenile, regardless of the age of the parties
e.
Creates or allows to be created serious emotional damage to the juvenile serious emotional damage is evidenced by a juveniles severe anxiety, depression, withdrawal, or aggressive behavior toward himself or others or
f.
Encourages, directs or approves of delinquent acts involving moral turpitude committed by the juvenile or
(3)
Determined to be "neglected" (as defined by NCGS 7B-101 and any amendments until such time as the Tribe adopts its own code to deal with neglect issues). North Carolina law currently defines a neglected juvenile to be a juvenile who:
a.
Does not receive proper care, supervision, or discipline from the juveniles parent, guardian, custodian, or caretaker or
b.
Who has been abandoned or
c.
Who is not provided necessary medical care or
d.
Who is not provided necessary remedial care or
e.
Who lives in an environment injurious to the juveniles welfare or
f.
Who has been placed for care or adoption in violation of law or
(4)
In violation of any Tribal, federal or North Carolina criminal law.
(b)
Violation of this section shall be punishable by a fine not to exceed $5,000.00, by a term of imprisonment not to exceed one year, or both.
(Ord. No. 117, 3-3-2000 Ord. No. 369, 8-9-2000)