North Dakota Code 14-09.4-01 – Definitions
As used in this chapter:
Terms Used In North Dakota Code 14-09.4-01
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Individual: means a human being. See North Dakota Code 1-01-49
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49
1. “Child” means an unemancipated individual who is under eighteen years of age.
2. “Compensation” means wages or other remuneration paid in exchange for care of a child. The term does not include reimbursement of expenses for care of the child, including payment for food, clothing, and medical expenses.
3. “Consistent caretaker” means a nonparent who meets the requirements of subsection 2 of section 14-09.4-03.
4. “Custody” means physical custody, legal custody, or both. The term includes joint custody or shared custody.
5. “Harm to a child” means significant adverse effect on a child’s physical, emotional, or psychological well-being.
6. “Legal custody” means the right to make significant decisions regarding a child, including decisions regarding a child’s education, health care, and scheduled activity.
7. “Nonparent” means an individual other than a parent of the child, including a grandparent, sibling, or stepparent of the child.
8. “Parent” means an individual recognized as a parent under law of this state other than this chapter.
9. “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.
10. “Physical custody” means living with a child and exercising day-to-day care of the child.
11. “Record” means information inscribed on a tangible medium, or stored in an electronic or other medium, and is retrievable in perceivable form.
12. “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe.
13. “Substantial relationship with the child” means a relationship between a nonparent and child which meets the requirements of subsection 3 of section 14-09.4-03.
14. “Visitation” means the right to spend time, which may include an overnight stay, with a child who is living with another person.