§ 3-102. Definitions.
As used in this chapter, unless the context otherwise requires:
A. “Abuse” or “child abuse or neglect” means an act or omission in one of the following categories which seriously threatens the health or welfare of a child:
1. Any case in which a child exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fractures of any kind, subdural hematoma, soft-tissue swelling or death and such condition or death is at variance with a degree or type of such condition or death or circumstances indicate that such condition or death may not be the product of an accidental occurrence;
2. Any case in which a child is subject to sexual assault, molestation, sexual exploitation or lewd conduct;
3. Any case in which the child’s parents, guardian or custodian fails to take the same actions to provide adequate food, clothing, shelter or supervision that a prudent parent would take;
4. In all cases, those investigating reports of child abuse shall take into account accepted child rearing practices of the culture in which the child participates. Nothing in this subsection shall refer to acts which could be construed to be a reasonable exercise of parental discipline.
B. “Child” means any person under the age of eighteen (18) years, except any person convicted of a crime specified in the law of any state or federal law or any person who has been certified as an adult pursuant to Section 5-148 of this Title or under any state or federal law or charged with a felony and convicted.
C. “Child protection team” means a multi-disciplinary team consisting, where possible, of a physician, a child protection worker, the Indian Child Welfare Department, Family Services Director, Child Care Coordinator, a representative of the Osage Nation law enforcement agency, a representative of a nontribal law enforcement agency, a mental health agency representative, a representative of the Social Services Department, a representative of the State Department of Human Services, an attorney, and a representative of the local school district. Each agency may have more than one participating member on the team; except that, in voting on procedural or policy matters, each agency shall have only one vote. In no event shall an attorney member of the child protection team be appointed guardian for the child or as counsel for the parents at any subsequent Court proceedings, nor shall the child protection team be comprised of fewer than three persons. The role of the child protection team shall be advisory and recommendatory.
D. “Confirmed report” means a report which is determined by an Indian Child Welfare Department worker, based upon some credible evidence, to constitute child abuse or neglect.
E. “Law enforcement” means the Osage Nation Police Department.
F. “Person responsible for the child’s health or welfare” includes a parent, a legal guardian, custodian, a foster parent, a person eighteen (18) years of age or older with whom the child’s parent cohabitates or any other adult residing in the home of the child; an agent or employee of a public or private residential home, institution, facility or day treatment program; or an owner, operator or employee of a child care facility.
G. “Sexual abuse” includes but is not limited to rape, incest and lewd or indecent acts or proposals by a person responsible for the child’s health or welfare.
H. “Sexual exploitation” includes but is not limited to allowing, permitting or encouraging a child to engage in prostitution, by a person responsible for the child’s health or welfare or allowing, permitting, encouraging or engaging in the lewd, obscene or pornographic photographing, filming or depicting of a child in those acts by a person responsible for the child’s health or welfare.