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St. Juv. P. § 232B.3
Iowa
Code
Title
VI. Human Services
Subtitle
5. Juveniles
Chapter
232B. Indian Child Welfare Act
232B.3. Definitions
For
the purposes of this chapter unless the context otherwise requires:
1.
"Adoptive placement" means the permanent placement of an Indian
child for adoption including, but not limited to, any action under chapter
232, 600, or 600A resulting in a final decree of adoption. "Adoptive
placement" does not include a placement based upon an act by an Indian
child which, if committed by an adult, would be deemed a crime, or upon
an award, in a divorce proceeding, of custody to one of the child's parents.
2.
"Best interest of the child" means the use of practices in accordance
with the
federal Indian Child Welfare Act, this chapter, and other applicable law,
that are designed to prevent the Indian child's voluntary or involuntary
out-of- home placement, and whenever such placement is necessary or ordered,
placing the child, to the greatest extent possible, in a foster home,
adoptive placement, or other type of custodial placement that reflects
the unique values of the child's tribal culture and is best able to assist
the child in establishing, developing, and maintaining a political, cultural,
and social relationship with the Indian child's tribe and tribal community.
3.
"Child custody proceeding" means a voluntary or involuntary
proceeding that may result in an Indian child's adoptive placement, foster
care placement, preadoptive placement, or termination of parental rights.
4.
"Foster care placement" means the temporary placement of an
Indian child in an individual or agency foster care placement or in the
personal custody of a guardian or conservator prior to the termination
of parental rights, from which the child cannot be returned upon demand
to the custody of the parent or Indian custodian but there has not been
a termination of parental rights. "Foster care placement"
does not include a placement based upon an act by an Indian child which,
if committed by an adult, would be deemed a crime, or upon an award, in
a divorce proceeding, of custody to one of the child's parents.
5.
"Indian" means a person who is a member of an Indian tribe,
or is eligible for membership in an Indian tribe, or who is an Alaska
native and a member of a regional corporation as defined in 43 U.S.C.
§ 1606.
6.
"Indian child" or "child" means an unmarried Indian
person who is under eighteen years of age or a child who is under eighteen
years of age that an Indian tribe identifies as a child of the tribe's
community.
7.
"Indian child's family" or "extended family member"
means an adult person who is an Indian child's family member or extended
family member under the law or custom of the Indian child's tribe or,
in absence of such law or custom, an adult person who has any of the following
relationships with the Indian child:
a.
Parent.
b.
Sibling.
c.
Grandparent.
d.
Aunt or uncle.
e.
Cousin.
f.
Clan member.
g.
Band member.
h.
Brother-in-law.
i.
Sister-in-law.
j.
Niece.
k.
Nephew.
l.
Stepparent.
8.
"Indian child's tribe" means a tribe in which an Indian child
is a member or eligible for membership.
9.
"Indian custodian" means an Indian person who under tribal law,
tribal custom, or state law, has legal or temporary physical custody of
an Indian child.
10.
"Indian organization" means any of the following entities that
is owned or controlled by Indians, or a majority of the members are Indians:
a.
A group.
b.
An association.
c.
A partnership.
d.
A corporation.
e.
Other legal entity.
11.
"Indian tribe" or "tribe" means an Indian tribe, band,
nation, or other organized Indian group, or a community of Indians, including
any Alaska native village as defined in 43 U.S.C. § 1602(c) recognized
as eligible for services provided to Indians by the United States secretary
of the interior because of the community members' status as Indians.
12.
"Parent" means a biological parent of an Indian child or a person
who has lawfully adopted an Indian child, including adoptions made under
tribal law or custom. "Parent" does not include an unwed father
whose paternity has not been acknowledged or established. Except for purposes
of the federal Indian Child Welfare Act as codified in 25 U.S.C. §
1913(b), (c), and (d), 1916, 1917, and 1951, "parent" does not
include a person whose parental rights to that child have been terminated.
13.
"Preadoptive placement" means the temporary placement of an
Indian child in an individual or agency foster care placement after the
termination of parental rights, but prior to or in lieu of an adoptive
placement. "Preadoptive placement" does not include a placement
based upon an act by an Indian child which, if committed by an adult,
would be deemed a crime, or upon an award, in a divorce proceeding, of
custody to one of the child's parents.
14.
"Reservation" means Indian country as defined in 18 U.S.C. §
1151 or land that is not covered under that definition but the title to
which is either held by the United States in trust for the benefit of
an Indian tribe or Indian person or held by an Indian tribe or Indian
person subject to a restriction by the United States against alienation.
15.
"Secretary of the interior" means the secretary of the United
States department of the interior.
16.
"Termination of parental rights" means any action resulting
in the termination of the parent-child relationship. "Termination
of parental rights" does not include a placement based upon an act
by an Indian child which, if committed by an adult, would be deemed a
crime, or upon an award, in a divorce proceeding, of custody to one of
the child's parents.
17.
"Tribal court" means a court or body vested by an Indian tribe
with jurisdiction over child custody proceedings, including but not limited
to a federal court of Indian offenses, a court established and operated
under the code or custom of an Indian tribe, or an administrative body
of an Indian tribe vested with authority over child custody proceedings.
CREDIT(S)
Added by Acts 2003 (80
G.A.) ch. 153, § 4.
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