Section 1.        Purpose and policy.

a.         Purpose.

The purpose of this Chapter is to insure that the Prairie Island Mdewakanton Dakota Community can protect the rights and promote the welfare of its children and other Indian children as well as all  natural and adoptive parents.  It is the further purpose of this Chapter to insure that a tribal forum exists to address adoption issues that arise from all states' compliance with the Indian Child Welfare Act (ICWA), 25 U.S.C. §1901, et seq. 

b.         Policy.

The following shall constitute the policy of the Community with regard to the Indian Child Welfare Act, 25 U.S.C. §1901 et seq.

(1)            The Tribe shall intervene in all matters addressed by the ICWA involving a tribal child, whether or not she or he is enrolled, unless such intervention would be impracticable under the circumstances of the case.

(2)            In all ICWA cases which mandate transfer to Tribal Court and in which the Tribe is the "Indian Child's Tribe" within the meaning of Minnesota Indian Family Preservation Act or the ICWA, the Tribe shall petition for transfer of proceedings from the state court unless such transfer would be impracticable under the circumstances of the case.

(3)            The full panel of judges from the Prairie Island Mdewakanton Dakota jurisdiction shall be authorized to formally accept the transfer of jurisdiction from any state court.  Said panel shall not be authorized to reject transfer without prior consultation with the Tribal Council.

Section 2.        Definitions.

The terms listed below, whenever used in this Chapter, shall mean as follows:

a.         Adult.

Adult means a person eighteen (18) years or older.

b.         Child.

Child means a person who is a minor.

c.         Guardianship of the person.

Guardianship of the person means the duty and authority vested in a guardian of a minor.  It includes the general power to make decisions such as consent to a major medical, psychiatric and surgical treatment; consent to marriage, and consent to enlistment in the armed forces of the United States; authority to represent the minor in legal actions when the parent-child relationship has been terminated by Court order with respect to the parents, or only living parent; or when no living parent can be found after diligent search, the authority to consent to the adoption of the child and to make any other decision concerning the child which the child's parents could make.

d.         Legal custody.

Legal custody means the right given by the Tribal Courts to the custody and control of the child and the responsibility to provide for the daily care of the child, unless otherwise specified by Court order.