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Current as of January 02, 2024 | Updated by Findlaw Staff
As used in this part:
(1) “Adoptive placement” means the permanent placement of an Indian child for adoption, including any action resulting in a final decree of adoption, but does not include a placement based upon an act which, if committed by an adult, would be deemed a crime or upon an award, in a divorce proceeding, of custody to one (1) of the parents;
(2) “Child custody proceeding” means and includes foster care placement, termination of parental rights, preadoptive placement, and adoptive placement;
(3) “Commissioner” means the commissioner of children's services;
(4) “Extended family member” means:
(A) As defined by the law or custom of the Indian child's tribe; or
(B) In the absence of such law or custom described in subdivision (4)(A), a person who has reached eighteen (18) years of age and who is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent;
(5) “Foster care placement”:
(A) Means any action removing an Indian child from the child's parent or Indian custodian for temporary placement in a foster home or institution or the home of a guardian or conservator where the parent or Indian custodian cannot have the child returned upon demand, but where parental rights have not been terminated; and
(B) Does not include a placement based upon an act which, if committed by an adult, would be deemed a crime or upon an award, in a divorce proceeding, of custody to one (1) of the parents;
(6) “Indian” means any person who is a member of an Indian tribe, or who is an Alaska Native and a member of a regional corporation as defined in 43 U.S.C. § 1606;
(7) “Indian child” means any unmarried person who is under eighteen (18) years of age and is either:
(A) A member of an Indian tribe; or
(B) Eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe;
(8) “Indian child's tribe” means:
(A) The Indian tribe in which an Indian child is a member or eligible for membership; or
(B) In the case of an Indian child who is a member of or eligible for membership in more than one (1) tribe, the Indian tribe with which the Indian child has the more significant contacts;
(9) “Indian custodian” means any Indian person who has legal custody of an Indian child under tribal law or custom or under state law or to whom temporary physical care, custody, and control has been transferred by the parent of such child;
(10) “Indian organization” means any group, association, partnership, corporation, or other legal entity owned or controlled by Indians, or a majority of whose members are Indians;
(11) “Indian tribe” means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the United States secretary of the interior because of their status as Indians, including any Alaska Native village as defined in 43 U.S.C. § 1602(c);
(12) “Parent” means any biological parent or parents of an Indian child or any Indian person who has lawfully adopted an Indian child, including adoptions under tribal law or custom, but does not include the unwed father where paternity has not been acknowledged or established;
(13) “Preadoptive placement” means the temporary placement of an Indian child in a foster home or institution after the termination of parental rights, but prior to or in lieu of adoptive placement, but does not include a placement based upon an act which, if committed by an adult, would be deemed a crime or upon an award, in a divorce proceeding, of custody to one (1) of the parents;
(14) “Reservation” means Indian country as defined in 18 U.S.C. § 1151 and any lands, not covered under such section, title to which is either held by the United States in trust for the benefit of any Indian tribe or individual or held by any Indian tribe or individual subject to a restriction by the United States against alienation;
(15) “Secretary” 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 but does not include a placement based upon an act which, if committed by an adult, would be deemed a crime or upon an award, in a divorce proceeding, of custody to one (1) of the parents; and
(17) “Tribal court” means a court with jurisdiction over child custody proceedings and that is either a Court of Indian Offenses, a court established and operated under the code or custom of an Indian tribe, or any other administrative body of a tribe that is vested with authority over child custody proceedings.
Cite this article: FindLaw.com - Tennessee Code Title 37. Juveniles § 37-2-701 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-37-juveniles/tn-code-sect-37-2-701/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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