“Abandonment of child/infant” means when a parent or caretaker has shown conscious disregard of parental responsibilities toward the child by failing to provide reasonable support, maintain regular contact, or provide supervision, according to the child’s age and needs. The term “abandonment” includes when a parent or caretaker has shown conscious disregard of parental responsibilities toward the child by failing to provide reasonable support, maintain regular contact, or provide normal supervision, considering the child’s age and needs.

The Tribe adopts the concept of California’s Safely Surrendered Baby provisions in that specifically said “surrender” of a Yurok Infant by a Yurok parent may take place by bringing the infant to the offices of Yurok Social Services (YSS), Yurok Public Safety and/or the Yurok Tribal Court. The infant will be conveyed to YSS for immediate care and detention consistent with the infant’s needs.

A finding of abandonment requires that the parent/guardian/caretaker has been given notice and opportunity to redress the abandonment and is found to be or states they are unwilling or unable to redress the problem and seeks the intervention of the court to insure the welfare of the child. If the court makes the finding of abandonment then the court will establish a parental figure and/or placement plan for the child.

“Adoption” means the establishment by this court, the legal relationship between persons who are not so related by birth, with the same mutual rights and obligations that exist between children and their birth parents. This relationship can only be termed “adoption” after the legal process is complete provided for under this title. An adoption of another jurisdiction will be recognized by the Yurok Court so long as the laws of that jurisdiction have been followed.

“Advisor to Tribal Court” means the family member, elder, or other known person the parent(s)/guardian/caretaker nominates to act as an advisor to the court, or a person the court nominates to serve this role for the family. The advisor’s role is not designed to replace a parent’s advocate but is to help the court reach a disposition in each case that is consistent with the purposes of this title to protect Yurok children’s right to an upbringing consistent with Yurok cultural imperatives and the rights of each Yurok child to a loving and protected upbringing. For that purpose the advisor is allowed to address the court with a nonbinding recommendation or, with the permission of the parties, address the court in chambers in an unreported hearing for the purposes of making nonbinding recommendations.

The advisor may be excused by the court if the advisor ceases to function in a manner that is helpful to the court or the court process.

Aggravated Circumstances. YSS must provide active efforts to prevent the breakup of a Yurok family and a removal of a child from the home of the parents unless the Court makes a finding that such efforts are not required in the case. Active efforts to preserve or reunify the family are not required when the court has found “aggravated circumstance.” Aggravated circumstances as defined in this title shall consist of those circumstances identified the California Welfare and Institutions Code § 361.5(b).

“Caretaker” means any person with the responsibility of caring for or safeguarding any child and is recognized by the child’s family and/or community as having such responsibilities. A caretaker for purposes of this title includes an Indian Custodian.

“CASA” means Court Appointed Special Advocate, a volunteer appointed by the Court to represent the individual needs of the CINA.

“CINA” means Child In Need of Aid. The court may find a child to be a Child In Need of Aid (CINA), as result of actions taken which are contrary to the child’s welfare, if it finds by a preponderance of the evidence that the child has been subjected to, or is at substantial risk of being subjected to, conditions which inflict upon the child or place the child in danger of physical, mental, or emotional harm, including:

“Concurrent jurisdiction” means that this Court may assume concurrent jurisdiction with any non-Yurok court upon a specific request by YSS that sets forth a specific case plan and terms of said request. This Court may also, pursuant to a request from YSS, concurrently work with any Wellness Court requirements, and or allow the provisions of any YSS case plan to be adopted as Wellness Court requirements. Information sharing to carry out the objectives of concurrent jurisdiction are anticipated and hereby allowed.

“Court” means the Yurok Tribal Court, unless otherwise specified.

“Date the child entered foster care” means the date that is the earlier of the first judicial finding of child abuse or neglect (the jurisdiction finding) or 60 days after the child is physically removed from the home of the parent, guardian or caretaker. See 42 U.S.C. § 675(5)(F).

“Delinquent child” means a child who has previously been adjudicated a delinquent by a non-Yurok court of competent jurisdiction or who has been adjudicated a delinquent pursuant to any delinquency ordinance enacted by this Tribe.

“Extended family or relative” means a person who is the minor’s grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent, or is recognized by traditional village custom and/or practice as an extended family member.

“Guardian” means the relationship established between a child and a caretaker in a legal guardianship.

“Indian custodian” means an Indian person who has custody of an Indian child but is not that child’s biological parent, who has the right and responsibility to make decisions about a child’s day-to-day care, wellbeing, and overall best interests, and has special rights under the Indian Child Welfare Act, 25 U.S.C § 1901 et al.

“Legal guardianship” means a judicially-created relationship between child and caretaker which is intended to be permanent and self-sustaining as evidenced by the transfer to the caretaker of the following parental rights with respect to the child: protection, education, care and control of the person, custody of the person, and decision-making.

“Protective parents” is a caretaker established by the Court when a child is the subject of a prospective adoption under this title, and to whom the Court assigns custody and responsibility for care of the child including authority to consent to the medical care and treatment of the child, and to otherwise have those rights of a biological parent of the child, including protection, education care and control of the person, and decision making on behalf of the child pending the finalization of the Adoption.

“Reasonable and prudent parent” or “reasonable and prudent parent standard” means the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child while at the same time encouraging the emotional and developmental growth of the child, that a protective parent, guardian or caretaker shall use when determining whether to allow a child under the jurisdiction of the Yurok Tribal Court pursuant to this title to participate in extracurricular, enrichment, cultural, and social activities.

Relative. See Extended Family or Relative

“Responsible agency” means Yurok Social Services (YSS) and/or Yurok Public Safety.

“Safely surrendered infant” means an infant 72 hours of age or younger whose parent gives up control of the infant by an act coupled with an intention to knowingly surrender such control to the YSS, Yurok Public Safety and/or the Yurok Tribal Court and where the parent does not re-claim the infant within 14 calendar days. The knowing intention to surrender control may be demonstrated by execution of a form confirming knowing and willing surrender of the child and by the failure to reclaim the child within 14 days after the surrender.

“Sibling” means one or more individuals who share a common parent.

“Voluntary placement” means and out of home placement of a child by the YSS after the child’s parent/guardian/caretaker requested the assistance of YSS and has agreed, by signing a voluntary placement agreement, to the placement of a child in an out-of- home placement for a period of no longer than 180 days.

“Voluntary placement agreement” means a written agreement binding on YSS and any parent, guardian, or caretaker which:

“Withholding medically indicated treatment” means where a parent or other caretaker fails to respond to a child’s life-threatening conditions by providing treatment, including appropriate nutrition, hydration, and medication, which, in the treating physician’s or physicians’ reasonable medical judgment will be most likely to be effective in improving or correcting all such conditions, except that the term does not include the failure to provide treatment, other than appropriate nutrition, hydration, or medication, to a child when, in the treating physician’s or physicians’ reasonable medical judgment:

“Yurok child” means, for the purposes of this title, any minor that has not yet attained 18 years of age who is the child of a present or deceased Yurok Tribal member including any adopted child of such a member.

“YSS” means the Department of Yurok Social Services. [Ord. 46A § 1008, adopted, 3/24/2016.]