Judicial Code

Chapter IX: Child Welfare

Section 2: Definitions

a.         Delinquent child.

Delinquent child means any child under the age of eighteen (18) years who:

(1)            Violates any offenses enumerated in the criminal Code of the State of Minnesota;

(2)            By reason of being ungovernable or habitually disobedient, is uncontrolled by her or his parents, guardian or custodian;

(3)            Is habitually truant from school or home;

(4)            Habitually so deports herself or himself so as to injure or endanger the morals or health of herself or himself or others.

b.         Dependent child.

Any child under the age of eighteen (18) years, who is homeless or destitute or without proper support through no fault of her or his parent, guardian, or custodian.

c.         Neglected child.

Any child under the age of eighteen (18):

(1)            Who is abandoned by her or his parent, guardian or custodian;

(2)            Who lacks proper parental care by reason of the fault or habits of her or his parents, guardian or custodian;

(3)            Whose parent, guardian or custodian neglects or refuses to provide proper and necessary property and necessary subsistence, education or other care necessary for the health, morals or well-being of such child;

(4)            Whose parent, guardian or custodian neglects or refuses to provide special care made necessary by the mental or physical condition of the child;

(5)            Whose parent engages in an occupation or is in a situation dangerous to life or limb or injurious to the health or morals of such child.

d.         Child in need of assistance.

Any delinquent, dependent, or neglected child shall be deemed  for these provisions a child in need of assistance and may be the subject of a petition under this Chapter.  Such designation shall include:  a minor Tribal member; a minor eligible for enrollment; any Indian child domiciled on the Prairie Island Mdewakanton Dakota Reservation.

e.         Juvenile.

Any Indian child under the age of eighteen (18) years.

f.          Parties.

Parties to child welfare actions shall be designated as petitioner and respondent. 

g.         Children's Court.

The Prairie Island Mdewakanton Dakota Tribal Court when exercising jurisdiction under this Chapter shall be known as the "Children's Court" and any duly appointed judge of the Court when exercising jurisdiction under this Code shall be known as the "Children's Court Judge."

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