The following words and terms, when used in this Subchapter,
shall have the following meaning, unless the context clearly indicates
otherwise:
"Active efforts" per Section 671(A) of Title 42
of the United States Code (
42 U.S.C. §
671(A)) means actions
intended primarily to maintain and reunite an Indian child with his or her
family or tribal community and constitutes more than reasonable efforts.
"Child custody proceeding" means any proceeding
regarding child custody under the Federal and State Acts, including:
(A) "Adoptive placement" means the permanent
placement of the Indian child for adoption, including any action that results
in a final decree of adoption.
(B) "Foster care placement" means any action
removing the Indian child from the parent or Indian custodian for temporary
placement in a foster home, institution, or the home of a guardian or
conservator where the parent or Indian custodian cannot have the child returned
upon demand, but where parental rights have not been terminated.
(C) "Preadoptive placement" means the temporary
placement of the Indian child in a foster home or institution after the
termination of parental rights, but prior to or in lieu of an adoptive
placement.
(D) "Termination of parental rights" means any
action resulting in the termination of the parent-child relationship.
"Extended family member" means any person as
defined by the law or custom of the Indian child's tribe, or, in absence of
such law or custom, a person who is at least 18 years of age and is the Indian
child's grandparent, aunt or uncle, brother or sister, brother-in-law or
sister-in-law, niece or nephew, first or second cousin, or stepparent.
"Indian" means any person who is a member of an
Indian tribe, or who is an Alaska Native and a member of a Regional Corporation
per Section 7 of the Alaska Native Claims Settlement Act
43 U.S.C. §
1606.
"Indian child" means any unmarried person under
18 years of age and is:
(A) a member of an Indian tribe; or
(B) eligible for membership in an Indian tribe and the
biological child of a member of an Indian tribe.
"Indian child's tribe" means:
(A) the Indian tribe in which an Indian child is a member or
eligible for membership; or
(B) the Indian tribe with which the Indian child, who is a
member of or is eligible for membership in more than one tribe, has the more
significant contacts, as designated.
"Indian country or
tribal land"
means lands, per
18 U.S.C. §
1151, and any lands not covered under Section
1151, title to which is held by the United States in trust for the benefit of
any Indian tribe or individual or held by any Indian tribe or individual
subject to a restriction by the United States against alienation. Tribal land
may also be referred to as "trust land."
"Indian custodian" means any Indian person who
has legal custody of the Indian child under tribal law or custom or under state
law or to whom temporary physical care, custody, and control was transferred by
the child's parent.
"Indian tribe" means any Indian tribe, band,
nation, or other organized group or community of Indians federally recognized
as eligible for the services provided to Indians by the Secretary of the
Interior because of their status as Indians, including an Alaska Native village
per Section 3 (c) of the Alaska Native Claims Settlement Act,
43
U.S.C. 1602(c).
"Parent" means any biological parent of the
Indian child, or an Indian person who has lawfully adopted an Indian child,
including adoptions under tribal law or custom, but not including an unwed
father where paternity has not been acknowledged or established.
"Secretary" means the Secretary of the
Interior.
"State Act" means the Oklahoma Indian Child
Welfare Act that is referred to by the acronym OICWA.
"Tribal-certified foster home" means a foster
home maintained and certified through an Indian tribe.
"Tribal court" means a court with jurisdiction
over child custody proceedings, including:
(A) a court of Indian offenses;
(B) a court established and operated under the code or custom
of an Indian tribe; or
(C) any other administrative body of a tribe that has
authority over child custody proceedings.
"Youth" means a child 13 through 17 years of
age.
