As used in this chapter, the following terms shall have the
meanings indicated:
ADULT
A person 18 years of age or older or otherwise emancipated
by an order of a court of competent jurisdiction.
CHILD/CHILDREN
A person or persons less than 18 years old and has not been
emancipated by order of a court of competent jurisdiction.
CONTROLLED SUBSTANCE
A controlled substance as defined by the Public Act of Michigan.
Currently controlled substance is defined in the Michigan Statutes
and means a drug, substance, or immediate precursor included on the
list of five schedules. See No. 368 of the Public Act of 1978, as
amended and currently located at MCLA §§ 333.7104(2),
333.7201, 333.7214, 333.7216, 333.7218, and 333.7220.
COUNSEL
Any licensed attorney admitted to practice in the Tribal
Court, who is an officer of the Court and provides legal assistance
to any party during the course of any proceeding under this chapter.
CUSTODIAN
A person, other than a parent or guardian, who has physical
custody of the juvenile and is providing shelter and supervision to
the juvenile.
DETENTION
Placement of a juvenile in a physically restrictive facility.
EXTENDED FAMILY
A person who is the juvenile's stepparent, stepsibling,
half sibling, other kinship or nonkinship relations recognized by
immediate family members.
FOSTER CARE HOME
A facility licensed and approved pursuant to tribal or state
law.
GUARDIAN
A person, other than a parent, to whom custody of the child
has been given under tribal law or custom or by order of any court.
IMMEDIATE FAMILY
A person who is the juvenile's parent, sibling, grandparent,
aunt, uncle, brother-in-law, sister-in-law, niece, nephew, first cousin,
second cousin, other kinship or nonkinship relations recognized by
immediate family members.
INDIAN
Any member or person eligible for membership of a federally
recognized Indian tribe, band or community or Alaska Natives, or any
member of a historic tribe or band, or a person considered by the
community to be North American Indian.
JUVENILE
A person under 18 years of age.
KYÉ BATZE
She/he is mischievous, in the Potawatomi language. A juvenile
shall have committed kyé batze if he/she:
A.
Has violated any law of the NHBP, the United States, or any
other jurisdiction; or
B.
Has been habitually disobedient or repeatedly refuses to obey
the reasonable commands and directives of his/her parent(s), guardian,
or custodian, or refuses to learn or adhere to the minor's traditional
or cultural ways; or
C.
Is habitually truant from school or minor's place of residence
without sufficient cause; or
D.
Consumes intoxicants or controlled substances; or
E.
Consistently acts in a manner likely to endanger the health
or safety of themselves or others.
LEAST RESTRICTIVE ALTERNATIVE
Restrictions placed on the juvenile must be reasonably related
to the Court's objective of correcting kyé batze and must
be the least intrusive manner of achieving that objective.
LEGAL CUSTODY
The right to care, custody, and control of a juvenile and
the duty to provide food, clothing, shelter, ordinary medical care,
education, and discipline for a juvenile and, in emergency, to authorize
surgery or extraordinary care. The parent(s) of a juvenile are vested
with legal custody unless such custody is taken from the parent(s)
or limited by court order. Only the parents with legal custody may
give temporary physical and/or legal custody of a juvenile to an adult
member or the immediate or extended family unless such rights are
limited by court order.
MINOR
A person under 18 years of age.
NONSTATUS OFFENSE
A nonstatus offense is an offense regardless of the age of
the offender (for example: shoplifting and assault).
NOTICE
The method by which the Court informs the parties, attorneys,
and others of the date, time, and place of proceedings to be conducted
by the Court.
PARENT
A person who is legally responsible for the control and care
of the minor, including the mother, father, guardian or custodian,
including a natural or adoptive parent, but does not include persons
whose parental rights have been terminated nor does it include the
unwed father whose paternity has not been acknowledged or established.
PARENTAL RIGHTS
Legal rights which include responsibilities, duties and obligations
between the parent and child.
PRESENTING OFFICER
The attorney who represents the Tribe in all matters related
to this chapter and acts as the prosecutor in the Tribal Court.
STATUS OFFENSE
A status offense is an offense only because of the age of
the offender. These acts would not be considered offenses if committed
by an adult (for example: truancy and curfew).
SUMMONS
The instrument with which the Court directs a party to appear
before the Court.
TRIBAL COURT
The Tribal Court of the Nottawaseppi Huron Band of the Potawatomi.
TRIBAL LANDS
The territory of the Tribe shall encompass the Tribe's
historical land base known as the Pine Creek Potawatomi Reservation
in Athens Township, Michigan, and all lands now held or hereafter
acquired by or for the Tribe, or held in trust for the Tribe by the
United States, including lands in which rights have been reserved
or never ceded by the Nottawaseppi Huron Band of the Potawatomi in
previous treaties, or as may otherwise be provided under federal law.
TRIBE
The Nottawaseppi Huron Band of the Potawatomi.