Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 307 - INDIAN CHILD WELFARE SERVICES › Section 307.15 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Department" means the Department of Children and Family
				Services.
"Extended family member" shall be defined by the law or custom
				of the Indian child's tribe or, in the absence of such law or custom, shall be
				a person who has reached the age of 18 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 step-parents.
"Indian" means any person who is a member of an Indian tribe,
				or who is an Alaska Native and a member of the Regional Corporation as defined
				in
				43 USC
				1606.
"Indian child" means any unmarried person who is under age 18
				and is a member of an Indian tribe, or is eligible for membership in an Indian
				tribe and is the biological child of a member of an Indian tribe.
"Indian child's tribe" means the Indian tribe in which an
				Indian child is a member or eligible for membership as determined by the tribe;
				or, in the case of an Indian child who is a member of or eligible for
				membership in more than one tribe, the Indian tribe with which the Indian child
				has the more significant contacts.
"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 the child.
"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 Secretary of the Interior because of their status as
				Indians, including any Alaska Native village as defined in
				43
				USC 1602(c).
"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. It does not include the unwed father
				where paternity has not been acknowledged or established.
"Qualified expert witness" means:
a member of the Indian child's tribe who is recognized by the
				tribal community as knowledgeable in tribal customs as they pertain to family
				organization and child rearing practices; or
a lay expert witness having substantial experience in the
				delivery of child and family services to Indians, and extensive knowledge of
				prevailing social and cultural standards and child rearing practices within the
				Indian child's tribe; or
a professional person having substantial education and
				experience in the area of his or her specialty. (See Indian Child Welfare Act
				Checklists for Juvenile and Family Court Judges, Permancy Planning for Children
				Department, National Council of Juvenile Justice and Family Court Judges, June
				2003, P.O. Box 8970, Reno, Nevada 89507.)
"Secretary" means the Secretary of the United States Department
				of the Interior.
"Tribal court" means a court of jurisdiction over child custody
				proceedings 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.