Title
AN ACT RELATING TO AND AMENDING TITLE 10 OF THE CHEROKEE NATION CODE ANNOTATED, THE CHILDREN'S CODE - SECTIONS 1.2, 25, 27, 28, 29.1, 40.2, 40.3, 40.4, 40.11 AND 60.2; AND DECLARING AN EMERGENCY
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Title and Codification 1.
This act shall be known as the “2012 Amendments to the Children’s Code” and codified as Title 10 of the Cherokee Nation Code Annotated.
Section 2. Purpose
This proposed language in Title 10 will enhance the ability of ICW to work directly with birth mothers across the United States. This language will help to limit the loss of our children to non-Indian homes utilized by private agencies, ensure extended family is explored for placement, utilize our tribal adoptive families across the United States, and remove the legal stigma of “deprived” from a mother who is making an informed decision and ultimately the best plan for her child.
Section 3. Legislative History
LA-08-91, enacted May 13, 1991 and amended by LA-11-05, LA-30-06, LA-20-07, LA-26-07, LA-08-08 and LA-08-11
Section 4. Substantive Provisions
Chapter 1 - General Provisions
§ 1.2. Application of Code
This code shall apply to children subject to the jurisdiction of the Cherokee Nation as defined by federal and Cherokee Nation law.
Chapter 1A - Care and Custody
§ 25. Definitions
As used in this title, the terms hereinafter enumerated shall have the following meanings:
1. “Before the Court” as used in Section 28, means in-person or electronically via telephone or internet.
2. "Cherokee Nation" means the government of the Cherokee Nation or the administrative agency within the Cherokee Nation designated by the Principal Chief to administer laws and programs involving children and juveniles.
3. "Child" means any unmarried or unemancipated person under the age of eighteen (18) years;
4. "Person" means any natural person, corporation, association, organization, institution, or partnership;
5. "Court" means any court of compete...
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