§ 46b-116a — Definitions.

Connecticut § 46b-116a

• Jurisdiction: Connecticut
• Title 46b: Family Law
• Ch. 815q: Connecticut Indian Child Welfare Act

Text

As used in this section and sections 46b-116b to 46b-116aa, inclusive: (1) “Adoptive placement” means the permanent placement of an Indian child for adoption, including any action resulting in a final decree of adoption. “Adoptive placement” does not include 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 either parent. (2) “Child custody proceeding” means a proceeding that includes an adoptive placement, foster care placement, preadoptive placement or termination of parental rights. “Child custody proceeding” does not include 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 either parent. (3) “Foster care placement” means any action removing an Indian child from such 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. “Foster care placement” does not include 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 either parent. (4) “Extended family member” means a person defined by the law or custom of an Indian child's tribe as an extended family member, or, in the absence of such law or custom, shall be a person who has reached the age of eighteen 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) “Indian” means any person who is (A) a member of a federally recognized Indian tribe, (B) an Alaska Native and a member of a Regional Corporation as defined in 43 USC 1606, or (C) a member of an Indian tribe recognized by the state of Connecticut. (6) “Indian child” means any unmarried person who is under the age of eighteen and (A) is either a member of a federally recognized Indian tribe or an Indian tribe recognized by the state of Connecticut, or (B) is eligible for membership in such tribe and is the biological child of a member of such tribe. (7) “Indian child's tribe” means (A) the federally recognized Indian tribe or Indian tribe recognized by the state of Connecticut of which an Indian child is a member or is eligible for membership in, or (B) 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 more significant contacts. (8) “Indian tribe recognized by the state of Connecticut” means the (A) Golden Hill Paugussett Tribe, (B) Paucatuck Eastern Pequot Tribe, and (C) Schaghticoke Tribe. (9) “Indian custodian” means any Indian person (A) who has legal custody of an Indian child under tribal law or custom or under state law, or (B) 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, as defined in this section, or a majority of whose members are Indians. (11) “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. “Preadoptive placement” does not include 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 either parent. (12) “Secretary” means the Secretary of the Interior of the United States. (13) “Federally recognized 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 because of their status as Indians, including any Alaska Native village as defined in 43 USC 1602(c). (14) “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. “Parent” does not include the unwed father where paternity has not been acknowledged or established. (15) “Reservation” means Indian country as defined in 18 USC 1151 and any lands, not covered under such law, title to which is either held by the United States or a state 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. (16) “Termination of parental rights” means any action resulting in the termination of the parent-child relationship. “Termination of parental rights” does not include 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 either parent. (17) “Tribal court” means a court with jurisdiction over child custody proceedings and which is either (A) a Court of Indian Offenses, (B) a court established and operated under the code or custom of a federally recognized Indian tribe or an Indian tribe recognized by the state of Connecticut, or (C) any other administrative body of a federally recognized Indian tribe or an Indian tribe recognized by the state of Connecticut which is vested with authority over child custody proceedings.

Legislative History

(P.A. 23-113, S. 2.) History: P.A. 23-113 effective June 26, 2023.