Subchapter 6 - Procedures for the Adoption of Children

Section

3231. Purpose.
3232. Open Adoptions.
3233. Consent to Adoption.
3234. Execution of Consent to Adoption.
3235. Receiving Notice of Private Adoption Proceedings.
3236. Who May File an Adoption Petition.
3237. Contents of Adoption Petition.
3238. Notice.
3239. Home Studies.
3240. Withdrawal of Consents.
3241. Adoption Preferences.
3242. Background Investigation.
3243. Hearing Procedures.
3244. Visitation Agreement.
3245. Contact Agreement.
3246. Adoption Decree.


§ 3231. Purpose.

The adoption code shall be liberally interpreted and construed as an exercise of the inherent sovereign authority of the Mille Lacs Band of Ojibwe to fulfill the following express purposes:

  • (a) To embody and promote the basic traditional values of the Mille Lacs Band of Ojibwe regarding the protection and care of the Band's children. The Mille Lacs Band of Ojibwe believes that it is the responsibility of the Band, the Band communities, and extended families to protect, care for, and nurture our children.

  • (b) To promote the belief of the Mille Lacs Band of Ojibwe that children deserve a sense of permanency and belonging throughout their lives and at the same time they deserve to have knowledge about their unique cultural heritage including their customs, history, language, religion and values.

  • (c) To provide for the best interests of the Band, Band communities, and the Band's children.

  • (d) To afford judicial processes that allow for formal adjudications that address the issues of the rights, responsibilities, care, custody and control of minor children when the biological parents are unable or unwilling to provide a safe, stable, nurturing and permanent environment for their children by conferring jurisdiction upon the Mille Lacs Band's Court to hear and adjudicate such matters.

Historical and Statutory Notes

Source:
Band Ordinance 31-17.

§ 3232. Open Adoptions.

Adoptions under this statute shall be in the nature of “Open Adoptions.” The purpose of such open adoptions is not to permanently deprive a child of connections to, or knowledge of, the child’s biological family. The purpose of adoptions shall be to give the adoptive child a permanent home. To this end the following shall apply and be contained in all adoptive orders and decrees:

  • (a) The adoptive parents and adoptive child shall be treated under the law as if the relationship was of a biological child and parent, except as set forth herein.

  • (b) The adoptive child shall have an absolute right, absent a compelling reason to the contrary, to information and knowledge about his biological family and heritage.

  • (c) The adoptive child and members of the child’s biological extended family, including parents, shall have the right of reasonable visitation with each other, subject to reasonable controls of the adoptive parents.

  • (d) Adoption shall not serve to prevent an adoptive child from inheriting from a biological parent in the same manner as any other biological child. The biological parent shall not be entitled to inherit from an adoptive child in the same manner as parents would otherwise be entitled to inherit. An adoptive child shall be entitled to inherit from adoptive parents, and vice versa, in the same manner as the biological parents and child.

Historical and Statutory Notes

Source:
Band Ordinance 01-96, § 26.01.
Band Ordinance 31-17.

§ 3233. Consent to Adoption.

  • (a) When Not Required: Written consent to an adoption shall not be required if:

    • (1) the parent’s rights have been terminated;

    • (2) the parent has relinquished their parental rights;

    • (3) the parent has been declared by the Court as incompetent or incapable to perform parental duties of the child;

    • (4) the parents are deceased;

    • (5) the paternal biological parent has failed to legally establish his paternity of the child within one (1) year of receiving actual or constructive notice of the birth of the child.

  • (b) When required: Written consent to an adoption shall be required from:

    • (1) the biological or adoptive mother;

    • (2) the biological, adoptive, or acknowledged father;

    • (3) the custodian, if empowered to consent;

    • (4) the Court, if the custodian is not empowered to consent;

    • (5) the child, if the child is over fourteen (14) years of age.

Historical and Statutory Notes

Source:
Band Ordinance 01-96, § 26.02.
Band Ordinance 31-17.

§ 3234. Execution of Consent to Adopt.

Written consent to an adoption shall be executed and acknowledged before the Court. Consent shall not be accepted or acknowledged by the Court until fourteen (14) days after the birth of a child. A certified interpreter shall be provided for the person consenting to the adoption if they do not understand English. The consent of a child over the age of fourteen (14) years shall be given orally either in open court, or in chambers with the judge and any other persons the judge deems necessary to be present.

Historical and Statutory Notes

Source:
Band Ordinance 01-96, § 26.03.
Band Ordinance 31-17.

§ 3235. Receiving Notice of Private Adoption Proceedings.

  • (a) When the Band receives notice from an outside adoption agency of private adoption proceedings in process for a Band member or eligible Band member, Family Services shall notify the parties and the Court exercising jurisdiction of the Band’s intention to be a party in the proceedings. As a party to the proceedings, the Band shall request a Contact Agreement be made with the parties which ensures the child be notified of his status as a Band member and allows for the child to maintain contact with the Band. The Contact Agreement may also require notification to the Band of any future name or address changes of the child.

  • (b) Upon notification of adoption proceedings, Family Services shall also make every effort to contact the biological, Band-member parent to ensure his consent was willingly and freely given.

Historical and Statutory Notes

Source:
Band Ordinance 31-17.

§ 3236. Who May File an Adoption Petition.

Any person may file a petition for adoption. The petition shall be initiated by the person proposing to adopt. In the case of married persons maintaining a home together, the petition shall be the joint petition of husband and wife, except that if one of the spouses is the natural or adopted parent of the proposed adoptee, said person shall not be required to join in the petition.

Historical and Statutory Notes

Source:
Band Ordinance 01-96, § 26.04.
Band Ordinance 31-17.

§ 3237. Contents of Adoption Petition.

  • (a) The petition for adoption shall include the following, to the best information and belief of the petitioner:

    • (1) the full name, address, and tribal affiliation of the petitioner;

    • (2) the full name, sex, residence, date and place of birth, and tribal affiliation of the proposed adoptee;

    • (3) the length of time the proposed adoptee has been at his current placement;

    • (4) the name by which the proposed adoptee shall be known if the petition is granted;

    • (5) the basis for the Court’s jurisdiction;

    • (6) a full description and statement of value of all property owned, or possessed in which the proposed adoptee has an interest;

    • (7) the relationship of the petitioner to the proposed adoptee;

    • (8) the name, address, and telephone number of any other relatives who may have an interest in the care, custody and control of the minor child to the best of the petitioner’s knowledge;

    • (9) the names and addresses of any person or agency whose consent to aid adoption is necessary;

    • (10) a statement or a copy of the final order terminating or suspending the parental rights of the biological parent;

    • (11) a statement as to why a final order for adoption is in the best interests of the proposed adoptee and the best interests of the proposed adoptee's tribe;

    • (12) a statement as to basis for the adoption supported by a home study, medical, psychiatric, child protection worker, family member and/or psychological reports or testimony; and

    • (13) a statement that no similar action is pending in a tribal or state Court having jurisdiction over the child.

  • (b) Where there is more than one proposed adoptee, and the proposed adoptees are siblings, only one petition shall be required for the adoption of all or any combination of the siblings, provided that each sibling proposed to be adopted be named in the petition.

  • (c) All petitions must be signed and dated by the petitioner, and must be notarized or witnessed by a clerk of the Court.

Historical and Statutory Notes

Source:
Band Ordinance 01-96, § 26.05.
Band Ordinance 31-17.

§ 3238. Notice.

  • (a) Upon the filing of a petition seeking an order for an adoption of a minor child, the Court shall order a home study as set out in § 3239 of this chapter. Upon the Court’s receipt of the contents of the home study report, the Court shall cause written notice of such hearing to be served upon the petitioner; the child's tribe; extended family members as determined by the Band Enrollment office immediately after the filing of the petition, if any; caretaker, if any; and appropriate agencies of the Band that may either have an interest in the proceedings or be of assistance to the Court in adjudicating the matter. Such notice shall be served in the manner provided for in section (b) below.

  • (b) Notice shall be given by personal service. If service cannot be made personally, the Court may authorize service by registered mail at the last known address of the person to be served. If notice cannot be served by registered mail, the Court may authorize service by publication in the newspaper of the reservation, and a newspaper of general circulation in the county where the Court is located, once a week for three (3) consecutive weeks. All notices served whether personally or by registered mail shall be received by the person named therein no less than ten (10) calendar days prior to the date set for the hearing. No hearing can be held sooner than ten (10) calendar days after the last publication where service is made.

Historical and Statutory Notes

Source:
Band Ordinance 01-96, §§ 26.06, 26.07.
Band Ordinance 31-17.

§ 3239. Home Studies.

  • (a) When a petition for the adoption of a child is filed with the Court, the Court shall immediately request that the Family Services Department or other qualified agency conduct a home study on the petitioner and report on the child. The home study and report shall relate the circumstances of the home, the petitioner and their ability, physically, mentally and financially to assume the responsibilities of a parent of the child. The home study shall contain other pertinent information designed to assist the Court in determining the best placement for the child including fingerprint background check information on all persons over the age of thirteen (13) living in the prospective adoptive home. The home study will also address the issue of whether or not the home most closely resembles that of the child’s culture, identity, and where applicable, the child’s tribal affiliation.

  • (b) The home study report shall be completed within thirty (30) days of the Court’s order. No determination can be made on a petition for adoption until the home study and report has been completed and submitted to and considered by the Court. All parties must have ten (10) days’ notice to review the home study before the hearing. A continuance may be requested if any party has not been given proper notice of the home study. The Court may order additional home studies as it deems necessary.

Historical and Statutory Notes

Source:
Band Ordinance 01-96, § 26.08.
Band Ordinance 31-17.

§ 3240. Withdrawal of Consents.

  • (a) Any consent given under the provisions of this subchapter (§§ 3231-3246) may be withdrawn by the person or agency that gave the consent at any time prior to the entry of a final decree of adoption. No reason need be stated and no hearing need be held on such withdrawal.

  • (b) All withdrawals must be written and notarized or witnessed by a clerk of the Court, with the original being filed with the Court.

  • (c) Within two (2) years after the entry of a decree of adoption, said decree may be vacated upon a petition being filed and a showing that the consent that made the adoption possible was obtained through fraud or duress. Upon such a showing the Court shall vacate the decree and return the adopted person to that status he had prior to entry of the decree.

Historical and Statutory Notes

Source:
Band Ordinance 01-96, § 26.09.
Band Ordinance 31-17.

§ 3241. Adoption Preferences.

The preference of placement in adoption shall be in the following order unless the Court determines that the child’s best interests require deviation from the preferences:

  • (a) extended family members, whether Indian or non-Indian, including Niiya’wenh’enh’;

  • (b) an Indian family of the same Band as the child;

  • (c) an Indian family;

  • (d) adoptive Families with specialized training to address the specific medical or emotional needs of the child;

  • (e) non-Indian Families who agree to maintain the Child’s connection to his culture.

Historical and Statutory Notes

Source:
Band Ordinance 01-96, § 26.10.
Band Ordinance 31-17.

§ 3242. Background Investigation.

  • (a) Petitioners for adoption must be willing to submit to a background investigation as part of their petition. If the petition for Adoption does not arise from a Child in Need of Protection or Services case, the Court may require the petitioner to pay a background check fee to Family Services to cover the cost of the background check.

  • (b) Any person whose background reveals any convictions involving any of the crimes below shall not be granted adoption:

    • (1) homicide or attempted homicide;

    • (2) rape, sexual assault, molestation, or exploitation; or

    • (3) offenses committed against children (including child abuse).

  • (c) Petitioners who have any felony or two (2) or more of the following misdemeanor convictions within the last five (5) years may be subject to further inquiry from the Court to determine the suitability of granting the adoption:

    • (1) physical assault;

    • (2) battery;

    • (3) spousal abuse; or

    • (4) drug-related offenses.

  • (d) The Court may review the circumstances of any felony or misdemeanor revealed in a background check and consider the nature of the crime and length of time that has lapsed since the crime was committed. The Court may also request testimony or character references be given to determine whether the Petitioner’s current life circumstances would be suitable for raising a child. If the Court finds it is in the best interest of the child, the Court may waive the requirements in subsection (c) of this section that would otherwise bar the petitioner from the adoption.

  • (e) Any person with a diagnosed mental illness which will significantly affect the ability to carry out parenting duties will be given extra consideration before the adoption may be granted. The Court may request testimony or character references be given to determine whether the Petitioner’s mental illness would significantly impact his ability to raise the child.

  • (f) A person with a documented history of substance abuse problems may be required by the Court to submit to assessments before the adoption can be granted.

  • (g) In conducting an inquiry into the suitability of the proposed adoptive parent, the Court shall consider whether the person petitioning for adoption is insolvent or has declared bankruptcy during the five (5) years immediately prior to filing the adoption petition, or has a conflict of interest that would preclude or substantially impact the person from acting in the child’s best interest.

Historical and Statutory Notes

Source:
Band Ordinance 31-17.

§ 3243. Hearing Procedures.

  • (a) An adoption hearing shall be held within ninety (90) calendar days of receipt of an adoption petition from the prospective adoptive parent. The Court shall conduct the hearing to determine if it is in the best interests of the child to be placed with the petitioners. In determining the best interests of the child, the Court shall examine:

    • (1) the validity of written consent;

    • (2) a termination or suspension of parental rights order;

    • (3) the length of time of the child’s wardship by the Court (if applicable);

    • (4) the special conditions of the child;

    • (5) the parent communication with the child;

    • (6) the minor’s consent to adoption, if the child is over fourteen (14) years of age;

    • (7) the home studies or other reports; and

    • (8) the order of preference of placement.

  • (b) The petitioner and the proposed adoptee shall appear personally at the hearing. During the hearing the Court shall advise the parties of their basic rights as provided in § 3153 of this chapter. The judge shall examine all persons separately, and may, if satisfied that all other requirements of this section have been met, enter a final decree of adoption, or may place the child in the legal custody of the petitioner for a period not to exceed six (6) months prior to entering a final decree of adoption.

  • (c) If the Court determines that the adoption will not be in the child’s best interest, or finds that all of the requirements of this chapter have not been met, it may deny the petition and make any other order it deems necessary for the care and custody of the child consistent with this chapter.

  • (d) Proceedings for the termination or suspension of the parental rights and proceedings for adoption may be considered and determined at one hearing provided that all the requirements of this subchapter (§§ 3231-3246) governing termination or suspension are complied with fully.

  • (e) The hearing shall be informal in nature. Concerned parties may present evidence relating to the situation. Hearsay evidence will not be excluded from the proceedings. Only the parties, their counsel, witnesses, the child’s extended family and other persons determined to be appropriate by the Court shall be allowed in the proceedings.

  • (f) In all cases, the Court shall make specific written findings of fact, state separately its conclusions of law, and enter an appropriate judgment or order. The Court may make findings that it is in the child's best interests that a final order for an adoption be entered and the Court shall specify the basis of those findings.

Historical and Statutory Notes

Source:
Band Ordinance 01-96, § 26.11.
Band Ordinance 31-17.

§ 3244. Visitation Agreement.

At any point in the proceedings, the prospective adoptive family and the biological family may come to an agreement as to the possibility and nature of visitation between the child and his biological family. Any such agreement shall be included in the final adoption decree per § 3246 of this chapter.

Historical and Statutory Notes

Source:
Band Ordinance 31-17.

§ 3245. Contact Agreement.

At any point in the proceeding, the biological family or Family Services, on behalf of the Band, may request that the prospective adoptive family agree to allow and support the child in maintaining contact with the Band. Any such agreement shall be included in the final adoption decree per § 3246 of this chapter.

Historical and Statutory Notes

Source:
Band Ordinance 31-17.

§ 3246. Adoption Decree.

If the Court finds that the requirements of this chapter have been met and that the child’s best interests will be satisfied, a final decree of adoption may be entered. Such an order shall include, but is not limited to, the following:

(a) A statement that the child has been adopted by the petitioner and the two shall thenceforth sustain toward each other the legal relation of parent and child, and shall have all the rights and shall be subject to all the duties of that relation, including all of the rights of a child of the whole blood to inherit from any person, in all respects, under the provisions of inheritance and succession of the Band statutes or custom.

(b) A notice indicating the new name of the child, if any.

(c) Any agreement made between the adoptive family and biological family as to visitation.

(d) Any agreement made between the adoptive family and the tribe regarding maintaining contact with the tribe.

Historical and Statutory Notes

Source:
Band Ordinance 01-96, § 26.12.
Band Ordinance 31-17.