Chapter 6-6 ADOPTIONS

CHAPTER 6-6
ADOPTIONS

6-6-1 Jurisdiction Over Adoptions.

The Juvenile Court shall have exclusive jurisdiction regarding the adoption of any child who resides or is domiciled within the jurisdiction of the Court, is unmarried and less than eighteen (18) years of age.

6-6-2 Purpose of Adoptions.

The purpose of an adoption is to establish a formal and legal family relationship between such persons which, after adoption, shall exist as if the parties were born into the relationship by blood. Adoptions pursuant to this Title shall be so recognized by every agency and level of the government except in eligibility for enrollment determinations which shall continue to be based upon biological parentage.

6-6-3 Eligibility to Adopt.

The following persons are eligible to adopt a child pursuant to this Title, and subject to the placement preferences of Section 6-4-7:

(A) A husband and wife jointly;

(B) Either the husband or wife if the other spouse is a parent of the child;

(D) In the case of a child born out of wedlock, its unmarried father or mother.

6-6-4 Consent to Adoption.

(A) Adoption of a child may be decreed only if consent to such adoption has been executed and filed in the Juvenile Court by:

(1) both parents, if living, or the surviving parent, provided their parental rights have not been terminated by judicial decree in a Court of competent jurisdiction.

(2) a parent less than sixteen (16) years of age may give their consent only with the written consent of that minor parent’s parents, legal guardian, or a guardian ad litem of the minor parent appointed by the Juvenile Court.

(3) the legal custodian having physical custody of said child for the preceding six (6) months, or a social service agency having legal custody of the child by judicial decree with the specific authority, granted by the Juvenile Court, to consent to the adoption of the child.

(B) Where any parent or custodian voluntarily consents to an adoption such consent shall not be valid unless executed before a Court of competent jurisdiction and accompanied by a Court certificate that the terms and consequences of the consent were fully explained in detail and were fully understood by the parent or custodian. The Court shall certify that the parent or custodian fully understands the explanation and its consequences.

(D) Any consent given for the adoption of a child may be withdrawn at any time prior to the entry of a final decree of adoption and the child shall be returned to the parent.

6-6-5 Consent of Child.

Whenever a child is of a sufficient maturity and understanding the Juvenile Court may, and in every case of a child over ten (10) years of age the Court shall, require the consent of the child, expressed in such form as the Court shall direct, prior to the entry of a decree of adoption. Whenever possible, the Juvenile Court should interview such child in camera concerning the adoption prior to approving the child’s consent.

6-6-6 Petition.

A Petition for adoption, shall be filed in duplicate, verified by the petitioners, and shall specifically state:

(A) The full names, ages, and places of residence of the petitioners, and, if married, the place and date of their marriage.

(B) Their relationship with the child, if any, and their tribal affiliation by blood and membership, if any.

(D) The names of the child’s biological parents and their tribal affiliation by blood and membership, including tribal roll numbers, if known.

(E) The date and place of birth of the child including the jurisdiction issuing the birth certificate for said child, the child’s sex, race, and tribal affiliation by blood and membership, including tribal roll number, if known.

(F) The name used for the child in the proceeding, and, if a change in name is desired, the new name.

(G) That it is the desire of the petitioners that the relationship of parent and child be established between them and the child.

(H) A full description and statement of the value of all property owned or possessed by the child.

(I) Any required consents to the adoption may be attached to the petition, or filed with the Juvenile Court prior to entry of a decree of adoption.

(J) The facts which bring the child within the jurisdiction of the Juvenile Court.

6-6-7 Investigation.

(A) Upon the filing of a petition for adoption, the Juvenile Court shall order an investigation to be made:

(1) by the agency having custody or legal guardianship of the child, or

(2) in other cases, by the State, or social services agency, or

(3) by a person qualified by training or experience, designated by the Juvenile Court,

and shall further order that a report of such investigation shall be filed with the Juvenile Court by the designated investigator within the time fixed by the Court and in no event more than sixty (60) days from the issuance of the order for investigation, unless time therefor is extended by the Court.

(B) Such investigation shall include the conditions of the child for the purpose of determining whether it is a proper subject for adoption; appropriate inquiry to determine whether the proposed home is a suitable one for the child; and any other circumstances and conditions which may have bearing on the adoption and of which the Juvenile Court should have knowledge; and in this entire matter of investigation, the Court is specifically authorized to exercise judicial knowledge.

(C) The Juvenile Court may order agencies named in Subsection 6-6-7(A) located in one or more counties to make separate investigations on separate parts of the inquiry, as may be appropriate.

(D) The report of such investigation shall become a part of the files in the case, and shall contain a definite recommendation for or against the proposed adoption and state reasons therefor.

(E) Where the adopting parent is the spouse of a parent the Juvenile Court, in its discretion, may waive the making of an investigation and the filing of a report.

(F) Upon the filing of the report, the investigator shall serve written notice upon the petitioners that the report has been filed with the Juvenile Court, provided, that the report shall remain confidential and the contents of the report shall not be divulged to the petitioners except upon the consent of the investigating officer and the Juvenile Court, and except to the social services agency.

6-6-8 Adoption Hearing.

At any time after the written investigation report has been filed, the Juvenile Court, upon motion or request of the petitioners, or upon its own motion, shall fix a time for hearing the petition for adoption. The adoptive parent or parents and adoptive child shall appear personally at the hearing. All other persons whose consent is necessary to the adoption and who have not filed their written consents shall be duly notified and may appear or be represented by a member of the Bar of the Court, or by an unpaid personal representative at their request with the approval of the Court. The Judge shall examine all persons appearing separately. Upon satisfaction as to the child’s adoption suitability; the adoptive parent’s financial ability, moral and physical fitness, and responsibility; and that the child’s best interest will be promoted by the adoption, the Juvenile Court may enter a final decree of adoption, or may place the child in the legal custody of the petitioners for a period of not more than six (6) months prior to entering a final decree of adoption. If the Juvenile Court is not satisfied that the adoption will promote the child’s best interests, the petition shall be denied. The child’s guardian shall be instructed to arrange suitable care for the child, and the Court may request any agency to provide services to assist in the placement and the care of the child.

6-6-9 Report and Final Decree of Adoption.

If the Juvenile Court does not enter a final decree of adoption at the time of the hearing for adoption, but places the child in the legal custody of the petitioners, within six (6) months after the child has been in the custody of the petitioner, the Court shall request a supplementary written report as to the welfare of the child, the current situation and conditions of the adoptive home and the adoptive parents. If the Court is satisfied that the interest of the child are best served by the proposed adoption, a final decree of adoption may be entered. No final order shall be entered by the Juvenile Court unless it appears to the Court that the adoption is in the best interests of the child. In any case where the Court finds that the best interest of the child will not be served by the adoption, a guardian shall be appointed and suitable arrangements for the care of the child shall be made and the Court may request any agency authorized to provide services to assist in the placement and the care of the child.

6-6-10 Contents of Adoption Order.

The final order of adoption shall include such facts as are necessary to establish that the child is within the jurisdiction of the Juvenile Court and eligible for adoption and that the adoptive parents and home are adequate and capable for the proper care of the child, as shown by the investigation reports and the findings of the Court upon the evidence adduced at the hearings, the new name of the child, if any, and that the relationship of parent and child exists between the petitioners and the child.

6-6-11 Effect of Final Decree.

(A) After a final decree of adoption, the relationship of parent and child, and all the rights, duties, and other legal consequences of the natural relation of a child and parent shall thereafter exist between such adopted child, the adopting parents, and the kindred of the adopting parents. The adopted child shall inherit real and personal property from the adopting family and the adopting family shall inherit from the child in accordance with law as if such child were the natural child of the adopting parents.

(B) After a final decree of adoption is entered, the natural parents of the adopted child, unless they are the adoptive parents or the spouse of an adoptive parent, shall be relieved and terminated from all parental rights and responsibilities for said child, including the right to inherit from the child, provided, that the child shall remain eligible to inherit from said natural parents, and retain all rights to membership in a Tribe by virtue of his birth to said natural parents.

6-6-12 Confidentiality.

Unless the Juvenile Court shall otherwise order:

(A) All procedural hearings held under this Title shall be confidential and shall be held in close Juvenile Court sessions without admittance of any person other than the interested parties.

(B) All papers, records, and files pertaining to the adoption shall be kept as a permanent record of the Juvenile Court and withheld from inspection. No person shall have access to such records except:

(1) Upon court order for good cause shown.

(2) Upon the adopted person reaching the age of majority. The adopted person may review the records unless the natural parents have, by affidavit, requested anonymity in which case their names and identifying characteristics, not including tribal membership and degree of blood, shall be deleted prior to allowing the adopted person access to the records.

(3) The natural grandparents shall have access to the records unless the natural parents have, by affidavit, requested anonymity, in which case, the names and identifying characteristics shall be deleted prior to allowing them access to the records as in the preceding paragraph. If the adopting parents request anonymity, by affidavit, the natural grandparents may have access to the records only by court order for good cause shown, and then only if the Juvenile Court deems such request in the best interest of the child.

(4) For the purpose of obtaining the enrollment of the child with another Indian tribe, the Juvenile Court may upon request of an enrollment officer of that tribe, certify to that officer pertinent facts to enable that officer to determine the eligibility of the child for membership in that tribe subject to the written guarantee, with an undertaking if deemed necessary by the Court, that such facts will remain confidential and divulged only to those persons who must know the facts to obtain the enrollment of the child. In the alternative, and in cases where the natural or adoptive parents have, by affidavit, requested anonymity, the Court may certify a copy of the record of the case to a Judge of the Court of the other tribe for an in camera review only, or allow such Judge to review the record in the District Court, in camera for the purpose of said Judge certifying to its tribe that the child is eligible for membership in that tribe.

6-6-13 Enrollment Matters.

Whenever a question arises as to the eligibility of the child for enrollment as a citizen and member of the Tribe, the Juvenile Court is authorized to receive from any source such information as may be necessary for a determination of the eligibility of such child for enrollment, to review such information in camera, and to enter its provisional order declaring whether or not the child is eligible for enrollment and the child’s blood quantum or other necessary non-identifying enrollment eligibility criteria. In doing so, the Juvenile Court shall seal all records received to maintain their confidentiality of the parties. For purposes of its proceedings, the Juvenile Court shall determine the child’s enrollment status, in accordance with the Tribal Constitution, and shall enter its provisional order. Notwithstanding any such provisional order by the Juvenile Court, the enrollment status, blood quantum and membership eligibility of every person shall be ultimately determined through the procedures and proceedings provided by the tribal Enrollment Ordinance.

(Amended by PBP TC No. 2006-141, July 20, 2006)

6-6-14 Certificates of Adoption.

(A) For each adoption or annulment of adoption, the Juvenile Court shall prepare, within thirty (30) days after the decree becomes final, a certificate of such decree on a form furnished by the registrar of vital statistics of the State or other jurisdiction having issued the birth certificate of said child, and shall attach thereto certified copies of the petition and decree of adoption, and any other information required by law by the registrar.

(B) Such form and certified copies, along with any other pertinent information requested by the jurisdiction having issued the birth certificate, shall be forwarded forthwith to the registrar of vital statistics of the jurisdiction.