Title
A LEGISLATIVE ACT AMENDING TITLE 10 OF THE CHEROKEE NATION CODE ANNOTATED - SECTIONS 1101, 1110 and SECTIONS 40.1
THROUGH 40.9; AND DECLARING AN EMERGENCY
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification
This act shall amend Title 10, Sections 1101, 1110 and Sections 40.1 through 40.9.
Section 2. Purpose
The purpose of this legislative act is to amend Sections 1101, 1110 and Sections 40.1 through 40.9 of Title 10 of the Cherokee Nation Code Annotated to broaden the definition of “deprived child”, limit jury trials to proceedings to terminate parental rights and to set the burden of proof required in involuntary custody placements and actions to terminate the parental rights in certain situations.
Section 3. Legislative History
LA 8-91, eff. May 13, 1991.
Section 4. Substantive Provisions of Law
Title 10 Section 1101 shall have an addition as follows:
§ 1101. Definitions
4. Deprived child" means a child:
a. who is for any reason destitute, homeless, or abandoned; or
b. who does not have the proper parental care or guardianship or whose home is an unfit place for the child by reason of neglect, cruelty, or depravity on the part of his parents, legal guardian, or other person in whose care the child may be; or
c. who is a child in need of special care and treatment because of his physical or mental condition including a child born in a condition of dependence on a controlled dangerous substance, and his parents, legal guardian, or other custodian is unable or willfully fails to provide said special care and treatment; or
d. who is a handicapped child deprived of the nutrition necessary to sustain life or of the medical treatment necessary to remedy or relieve a life-threatening medical condition in order to cause or allow the death of said child if such nutrition or medical treatment is generally provided to similarly situated nonhandicapped or handicapped children, provided that no medical treatment is necessary if, ...
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