Section
501. Procedures for Termination.
502. Petition.
503. Hearing Date; Continuance.
504. Pre-Termination Report.
505. Summons.
506. Termination Hearing.
507. Testimony.
508. Grounds for Terminations.
509. Disposition.
510. Appealability of Termination Order.
511. Enrollment Status or Degree of Blood Quantum.
§ 501. Procedures for Termination.
Parental rights to a child may be terminated by the Court according to the procedures in this chapter.
Historical and Statutory Notes
Source:
Band Statute 1096-MLC-28, § 27.
§ 502. Petition
Proceedings to terminate parental rights shall be instituted by a petition filed by the Solicitor General on behalf of the Band pursuant to 8 MLBS § 235 or by the parents or guardian of the child. The petition shall state:
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(a) The name, birthdate and residence of the minor.
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(b) The names and residences of the minor's parent, guardian or custodian.
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(c) If the child is in detention or shelter care, the place of detention or shelter care and the time he was taken into custody.
Historical and Statutory Notes
Source:
Band Statute 1096-MLC-28, § 27.01.
§ 503. Hearing Date; Continuance.
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(a) Upon receipt of the petition, the Court shall set a date for the termination hearing which shall be not more than ten days after the Court receives the petition from the Solicitor General.
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(b) The hearing may be continued:
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(1) Upon motion of the minor's parent, guardian or custodian.
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(2) Upon motion of the Solicitor General by reason of the unavailability of material evidence or witnesses and the Court finds the Solicitor General has exercised due diligence to obtain the material or evidence and reasonable grounds exist to believe that the material or evidence will become available.
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Historical and Statutory Notes
Source:
Band Statute 1096-MLC-28, § 27.02.
§ 504. Pre-Termination Report.
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(a) Within two days of receiving the petition, the judge/justice shall order the preparation of a pre-termination report by the Human Resource Officer.
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(b) The Human Resource Officer shall consult with the minor's parents and all social services, health, education and other personnel who have had prior professional contacts with the minor and his parent, guardian or custodian, to determine whether termination of parental rights is consistent with the best interests of the child. The Solicitor General may also review any of the minor's previous Court records.
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(c) The Human Resource Officer shall prepare a written report containing the professional opinions of all personnel with whom he has consulted. The report shall be presented to the Court at least two days before the termination hearing.
Historical and Statutory Notes
Source:
Band Statute 1096-MLC-28, § 27.03.
§ 505. Summons.
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(a) At least five days prior to the termination hearing, the Court shall issue summons to the minor, the minor's parent, guardian or custodian, and any person the Court believes necessary for the proper adjudication of the hearing and any person the minor's parent, guardian or custodian believes necessary for the proper adjudication of the hearing.
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(b) The summons shall contain the name of the Court, the title of the proceedings and the date, time and place of the hearing. A copy of the petition shall be attached to the summons.
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(c) The summons shall be delivered personally by a law enforcement officer or an appointee of the Court. If the summons cannot be delivered personally, the Court may deliver the summons by registered mail.
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(d) If a person who has been issued a summons fails to appear at the hearing, that person shall be held in contempt of court.
Historical and Statutory Notes
Source:
Band Statute 1096-MLC-28, § 27.04.
§ 506. Termination Hearing.
The Court shall conduct the termination hearing for the sole purpose of determining whether parental rights shall be terminated. The hearing shall be private and closed.
Historical and Statutory Notes
Source:
Band Statute 1096-MLC-28, § 27.05.
§ 507. Testimony.
The Court shall hear testimony concerning the circumstances that gave rise to the petition and the need for termination of parental rights.
Historical and Statutory Notes
Source:
Band Statute 1096-MLC-28, § 27.051.
§ 508. Grounds for Termination.
The Court may terminate the parental rights of the parent(s) to his child if it finds evidence beyond a reasonable doubt that:
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(a) The parent has abandoned his child.
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(b) The minor has suffered physical injuries willfully and repeatedly inflicted by his parent(s) upon him which causes or creates a substantial risk of death, disfigurement or impairment of bodily functions.
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(c) The parent(s) have subjected the minor to willful and repeated acts of sexual abuse.
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(d) The voluntary written consent of a parent has been acknowledged before the Court and is accompanied by the presiding judge's certificate that the terms and consequences of the consent were fully explained in detail and were fully understood by the parent or Indian custodian. The Court shall also certify that either the parent or Indian custodian fully understood the explanation in English and that it was interpreted into a language that the parent or Indian custodian understood.
Historical and Statutory Notes
Source:
Band Statute 1096-MLC-28, §§ 27.052 to 27.054.
§ 509. Disposition.
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(a) If parental rights to a child are terminated, the Court shall: place the minor with an extended family member; place the minor in a foster care or shelter care facility which has been approved by the Band; and proceed to the adoption chapter (8 MLBS § 601) of this title.
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(b) If parental rights to a child are not terminated, the Court shall make a disposition according to 8 MLBS § 235.
Historical and Statutory Notes
Source:
Band Statute 1096-MLC-28, § 27.06.
§ 510. Appealability of Termination Order.
The termination order constitutes a final order for purposes of appeal.
Historical and Statutory Notes
Source:
Band Statute 1096-MLC-28, § 27.07.
§ 511. Enrollment Status or Degree of Blood Quantum.
No adjudication of termination of parental rights shall affect the minor's enrollment status as a member of any Band or the minor's degree of blood quantum of any Band.
Historical and Statutory Notes
Source:
Band Statute 1096-MLC-28, § 27.08.