Statutes | Mashantucket Pequot Tribal Law Title 5, Chapter 2 Chapter 2 | 2018
Unless otherwise required by the context, the following words and phrases shall be defined accordingly:
a. "Abandonment" means the complete lack of parental contact with their Child or marginal contact for twenty-four (24) of the past forty-eight (48) months, and the failure to provide financial support for more than one continuous year. Placement of the Child with a member of the parent's extended family shall not constitute abandonment.
b. "Adult" means a person eighteen (18) years of age or older. c. "Child" means any unmarried person who is under the age of eighteen (18) years and is either
(1) a member of the Mashantucket Pequot Tribe, or,
(2) eligible for membership in the Tribe and is the biological Child of a member of the Tribe.
d. "Child Abuse" means any case in which a Child is dead or exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma or soft tissue swelling and such condition is not justifiably explained or may not be the product of an accidental occurrence or a Child is subjected to sexual assault, sexual molestation, sexual exploitation, sexual contact, or prostitution.
e. "Child Custody Proceeding" means
(1) foster care placement: any action removing a Child from his/her parent or custodian for temporary placement in a foster home or institution or the home of a guardian where the parent or Indian custodian cannot have the Child returned upon demand, but where parental rights have not been terminated
(2) termination of parental rights: the process by which a parent's rights to his or her Child are legally and permanently terminated
(3) pre-adoptive placement: the temporary placement of a Child in a foster home or institution after the termination of parental rights, but prior to or inlieu of adoptive placement and,
(4) adoptive placement: the permanent placement of a Child for adoption, including any action resulting in a final decree of adoption.
Child Custody Proceeding shall not include a placement based upon an award in a divorce proceeding of custody to one of the parents or intra-family custody dispute.
f. "Child Neglect" means, but is not limited to, negligent treatment or maltreatment of a Child by a person, including a person responsible for the Child's welfare, under circumstances which indicate that the Child's health or welfare is harmed or threatened thereby and, Abandonment.
g. "Child Protective Services" ("CPS") means the department that has primary responsibility for receiving reports of Children in need of the Tribe's care and protection, making referrals and coordinating the screening and investigation of suspected Child Neglect and Abuse, and ensuring that Protective Services and related assistance are provided to Children and families.
h. "Custodian/Guardian" means any person who has legal custody of a Child or with whom temporary care, custody and control has been placed, under law, and who is responsible for the health, safety, and welfare of a Child. Such a person has the duty and authority to make major decisions affecting such Child's welfare, including, but not limited to major medical, psychiatric, and surgical treatment.
i. "Domicile" means a person's permanent home, legal, or main residence. The domicile of a Child is generally that of the custodial parent or guardian. A Child shall be considered a domicile of the Mashantucket Pequot Reservation where the Child's custodial parent or guardian considers the Reservation to be her permanent home.
j. "Expert Witness" means a person who is a professional having a recognized education or experience in medicine, sociology, psychology, or other fields relevant to a Child welfare proceeding.
k. "Extended Family" means any person who has reached the age of 18 and is related to the Indian Child by blood or marriage, or any person recognized by the law or custom of the Tribe.
l. "Foster Home" means any tribally-approved home or facility which provides temporary shelter and related assistance to Children under the supervision of CPS.
m. "Guardian Ad Litem" means any person appointed by the family court to represent and protect the legal rights and interests of the Child in the family court proceedings.
n. "Parent" means a biological or adoptive mother or father, including an unwed father whose paternity has been acknowledged or established in accordance with tribal law or custom.
o. "Protective Services" means assistance provided by CPS after reports or referrals of neglect or abuse have been received and investigated.
p. "Protective Supervision" means the status created by court order following adjudication of neglect or abuse.
q. "Tribal Police" means the Mashantucket Pequot Police Department.
Miscellaneous words listed in singular form may be considered to include the plural form of each word and vice versa except where the context clearly indicates otherwise, and the use of she/her means she or he, her or his.