---
kind: "section"
citation: "25 C.F.R. § 11.900"
title: "25"
number: "11.900"
heading: "Definitions."
url: "https://uscodex.org/cfr/25/11.900"
---

# §11.900. Definitions.


For purposes of sections pertaining to the children's court:

- (a) Abandon means the leaving of a minor without communication or failing to support a minor for a period of one year or more with no indication of the parents' willingness to assume a parental role.
- (b) Adult means a person eighteen (18) years or older.
- (c) Counsel means an attorney admitted to the bar of a state or the District of Columbia or a lay advocate admitted to practice before the Court of Indian Offenses.
- (d) Custodian means one who has physical custody of a minor and who is providing food, shelter and supervision to the minor.
- (e) Custody means the power to control the day-to-day activities of the minor.
- (f) Delinquent act means an act which, if committed by an adult, would be designated a crime under this part or under an ordinance of the tribe.
- (g) Detention means the placement of a minor in a physically restrictive facility.
- (h) Guardian means a person other than the minor's parent who is by law responsible for the care of the minor.
- (i) Guardian ad Litem means a person appointed by the court to represent the minor's interests before the court.
- (j) Juvenile offender means a person who commits a delinquent act prior to his or her eighteenth birthday.
- (k) **Minor—** means:
  - (1) A person under 18 years of age,
  - (2) A person 18 years of age or older concerning whom proceedings are commenced in the children's court prior to his or her eighteenth birthday, or
  - (3) **A person 18 years of age or older who is under the continuing jurisdiction of the children's court.**
- (l) Minor-in-need-of-care means a minor who:
  - (1) Has no parent or guardian available and willing to take care of him or her;
  - (2) Is unwilling to allow his or her parent or guardian to take care of him or her;
  - (3) Has suffered or is likely to suffer a physical or emotional injury, inflicted by other than accidental means, which causes or creates a substantial risk of death, disfigurement, impairment of bodily functions or emotional health;
  - (4) Has not been provided with adequate food, clothing, shelter, medical care, education or supervision by his or her parent, guardian or custodian;
  - (5) Has been sexually abused;
  - (6) Has been committing delinquent acts as a result of parental pressure, guidance or approval; or,
  - (7) **Has been committing status offenses.**
- (m) Status offense means an offense which, if committed by an adult, would not be designated a crime under this part or under an ordinance of the tribe.

## Notes

### Authority

Authority: 5 U.S.C. 301; R.S. 463, 25 U.S.C. 2; R.S. 465, 25 U.S.C. 9; 42 Stat. 208, 25 U.S.C. 13; 38 Stat. 586, 25 U.S.C. 200.

### Source

Source: 58 FR 54411, Oct. 21, 1993, unless otherwise noted.