Page:United States Statutes at Large Volume 84 Part 1.djvu/582

 524

79 Stat. 751. Post, p. 1068.

PUBLIC LAW 91-358-JULY 29, 1970

[84 STAT.

No child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered a neglected child for purposes of this subchapter. "(10) The term 'mentally ill child' means a child who is mentally [\i within the meaning of section 21-501. "(11) The term 'substantially retarded child' means a child who is substantially retarded within the meaning of section 21-1101. "(12) The term 'custodian' means a person or agency, other than a parent or legal guardian, to whom legal custody of a child has been given by court order and who is acting in loco parentis. "(13) The term 'detention' means the temporary, secure custody of a child in facilities, designated by the Division, pending a final disposition of a petition. "(14) The term 'shelter care' means the temporary care of a child in physically unrestricting facilities, designated by the Division, pending a final disposition of a petition. "(15) The term 'detention or shelter care hearing' means a hearing to determine whether a child who is in custody should be placed or continued in detention or shelter care. "(16) The term 'factfinding hearing' means a hearing to determine whether the allegations of a petition are true. "(17) The term 'dispositional hearing' means a hearing, after a finding of fact, to determine— " (A) whether the child in a delinquency or need of supervision case is in need of care or rehabilitation and, if so, what order of disposition should be made; or " (B) what order of disposition should be made in a neglect case. " (18) The term 'probation' means a legal status created by Division order following an adjudication of delinquency or need of supervision, whereby a minor is permitted to remain in the community subject to appropriate supervision and return to the Division for violation of probation at any time during the period of probation. "(19) The term 'protective supervision' means a legal status created by Division order in neglect cases whereby a minor is permitted to remain in his home under supervision, subject to return to the Division during the period of protective supervision. "(20) The term 'guardianship of the person of a minor' means the duty and authority to make important decisions in matters having a permanent effect on the life and development of the minor, and concern with his general welfare. I t includes (but is not limited to)— " (A) authority to consent to marriage, enlistment in the armed forces of the United States, and major medical, surgical, or psychiatric treatment; to represent the minor in legal actions; and to make other decisions concerning the minor of substantive legal significance; " (B) the authority and duty of reasonable visitation (except as limited by Division o r d e r); " (C) the rights and responsibilities of legal custody when guardianship of the person is exercised by the natural or adoptive parent (except where legal custody has been vested in another person or an agency or institution); and " (D) the authority to exercise residual parental rights and responsibilities when the rights of his parents or only living parent have been judicially terminated or when both parents are dead.

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