| Minn.
Stat. § 260.755
Minnesota
Statutes
Public Welfare and Related Activities (Ch. 245-267)
Chapter
260. Juveniles
Minnesota
Indian Preservation Act
260.755. Definitions
Subdivision
1. Scope. As
used in sections 260.751 to 260.835, the following terms have the meanings
given them.
Subd.
2. Administrative review.
"Administrative review" means review under section 260C.212.
Subd.
3. Child placement proceeding.
"Child placement proceeding" includes a judicial proceeding
which could result in the following:
(a)
"Adoptive placement" means the permanent placement of an Indian
child for adoption, including an action resulting in a final decree of
adoption.
(b)
"Involuntary foster care placement" means an action removing
an Indian child from its parents or Indian custodian for temporary placement
in a foster home, institution, or the home of a guardian. The parent or
Indian custodian cannot have the child returned upon demand, but parental
rights have not been terminated.
(c)
"Preadoptive placement" means the temporary placement of an
Indian child in a foster home or institution after the termination of
parental rights, before or instead of adoptive placement.
(d)
"Termination of parental rights" means an action resulting in
the termination of the parent-child relationship under section 260C.301.
The
terms include placements based upon juvenile status offenses, but do not
include a placement based upon an act which if committed by an adult would
be deemed a crime, or upon an award of custody in a divorce proceeding
to one of the parents.
Subd.
4. Commissioner.
"Commissioner" means the commissioner of human services.
Subd.
5. Demand.
"Demand" means a written and notarized statement signed by a
parent or Indian custodian of a child which requests the return of the
child who has been voluntarily placed in foster care.
Subd.
6. Family-based services.
"Family-based services" means intensive family-centered services
to families primarily in their own home and for a limited time.
Subd.
7. Indian.
"Indian" means a person who is a member of an Indian tribe or
an Alaskan native and a member of a regional corporation as defined in
section 7 of the Alaska Native Claims Settlement Act, United States Code,
title 43, section 1606.
Subd.
8. Indian child.
"Indian child" means an unmarried person who is under age 18
and is:
(1)
a member of an Indian tribe; or
(2)
eligible for membership in an Indian tribe.
Subd.
9. Indian child's tribe.
"Indian child's tribe" means the Indian tribe in which an Indian
child is a member or eligible for membership. In the case of an Indian
child who is a member of or eligible for membership in more than one tribe,
the Indian child's tribe is the tribe with which the Indian child has
the most significant contacts. If that tribe does not express an interest
in the outcome of the actions taken under sections 260.751 to 260.835
with respect to the child, any other tribe in which the child is eligible
for membership that expresses an interest in the outcome may act as the
Indian child's tribe.
Subd.
10. Indian custodian.
"Indian custodian" means an Indian person who has legal custody
of an Indian child under tribal law or custom or under state law, or to
whom temporary physical care, custody, and control has been transferred
by the parent of the child.
Subd.
11. Indian organization.
"Indian organization" means an organization providing child
welfare services that is legally incorporated as a nonprofit organization,
is registered with the secretary of state, and is governed by a board
of directors having at least a majority of Indian directors.
Subd.
12. Indian tribe.
"Indian tribe" means an Indian tribe, band, nation, or other
organized group or community of Indians recognized as eligible for the
services provided to Indians by the secretary because of their status
as Indians, including any band under the Alaska Native Claims Settlement
Act, United States Code, title 43, section 1602, and exercising tribal
governmental powers.
Subd.
13. Local social services agency.
"Local social services agency" means the local agency under
the authority of the county welfare or human services board or county
board of commissioners which is responsible for human services.
Subd.
14. Parent.
"Parent" means the biological parent of an Indian child, or
any Indian person who has lawfully adopted an Indian child, including
a person who has adopted a child by tribal law or custom. It does not
include an unmarried father whose paternity has not been acknowledged
or established.
Subd.
15. Permanency planning.
"Permanency planning" means the systematic process of carrying
out, within a short time, a set of goal-oriented activities designed
to help children live in families that offer continuity of relationships
with nurturing parents or caretakers, and the opportunity to establish
lifetime relationships.
Subd.
16. Placement prevention and family reunification services.
"Placement prevention and family reunification services" means
services designed to help children remain with their families or to reunite
children with their parents.
Subd.
17. Private child-placing agency.
"Private child-placing agency" means a private organization,
association, or corporation providing assistance to children and parents
in their own homes and placing children in foster care or for adoption.
Subd.
18. Reservation.
"Reservation" means Indian country as defined in United States
Code, title 18, section 1151 and any lands which are either held by the
United States in trust for the benefit of an Indian tribe or individual,
or held by an Indian tribe or individual subject to a restriction by
the United States against alienation.
Subd.
19. Secretary.
"Secretary" means the secretary of the United States Department
of the Interior.
Subd.
20. Tribal court.
"Tribal court" means a court with federally recognized jurisdiction
over child custody proceedings which is either a court of Indian offenses,
or a court established and operated under the code or custom of an Indian
tribe, or the administrative body of a tribe which is vested with authority
over child custody proceedings. Except as provided in section 260.771,
subdivision 5, nothing in this chapter shall be construed as conferring
jurisdiction on an Indian tribe.
Subd.
21. Tribal social services agency.
"Tribal social services agency" means the unit under authority
of the governing body of the Indian tribe which is responsible for human
services.
Subd.
22. Voluntary foster care placement.
"Voluntary foster care placement" means a decision in which
there has been participation by a local social services agency or private
child-placing agency resulting in the temporary placement of an Indian
child away from the home of the child's parents or Indian custodian in
a foster home, institution, or the home of a guardian, and the parent
or Indian custodian may have the child returned upon demand.
CREDIT(S)
Laws 1999, c. 139, art.
1, § 3.
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