Chapter 6.25
TERMINATION OF A PARENT-CHILD RELATIONSHIP

Sections:

6.25.010    Grounds.

6.25.020    Consent.

6.25.030    Petition.

6.25.040    Scheduling.

6.25.050    Continuances.

6.25.060    Pre-termination report.

6.25.070    Summons.

6.25.080    Termination hearing.

6.25.090    Post-termination dispositional hearing.

6.25.010 Grounds.

The Youth Court may, upon petition, terminate a parent-child relationship only in the following cases:

A. With the written consent of the particular parent who, for good cause, desires to terminate his or her parent-child relationship; or

B. After the youth has been adjudged to be in need of care in accordance with Chapter 6.20 CTC and upon finding, supported by evidence beyond a reasonable doubt, of the following:

1. The parent has deserted the youth; or

2. a. There is a history of severe and continuing abuse and neglect of the youth by the parent; and

b. There is a substantial probability of future abuse or neglect; and

c. The parent has failed to improve or correct the conditions leading to the Court’s findings under subsection (B)(2)(a) of this section, and such conditions are unlikely to improve within a reasonable period of time.

C. In addition to subsections A and B of this section, the Court must find by evidence beyond a reasonable doubt that under no reasonable circumstances can the welfare of the youth be served by the continuation of the parent-child relationship, that any such continuation will obstruct any measures taken or contemplated by the Court for the youth’s benefit, and that termination of the parent-child relationship will be in the youth’s best interests. [Res. 2011-020; Res. 2006-63. Prior code § 12.2.6.010.]

6.25.020 Consent.

A. No parent-child relationship of an incompetent parent may be terminated on consent of the parent unless the youth’s guardian ad litem, in writing, joins in the written consent of the parent to the termination of the parent-child relationship.

B. Any consent under this section is not valid until executed in writing and recorded before a Youth Court judge and accompanied by the judge’s certificate that the terms and consequences of the consent were fully explained in detail and were fully understood by the parent.

C. Any consent given prior to or within 10 days of the birth of the youth is invalid.

D. Any consent under this section may be withdrawn prior to the entry of the final decree of termination and, if no other grounds exist for terminating the parent-child relationship, the youth shall be returned immediately to the custodial parent.

E. After entry of a final decree of termination, the parent may withdraw his or her consent thereto upon the grounds that consent was obtained through fraud or duress and may petition the Court to vacate such decree. Upon a finding, supported by clear and convincing evidence, that such consent was obtained through fraud or duress, the Court shall vacate the decree and return the youth to his or her parent, guardian, or other custodian. Notwithstanding the foregoing, no termination which has been effective for at least two years from the date the decree was entered may be invalidated under the provisions of this subsection E.

F. The age of the consenting parent by itself is not a bar to the right of consent and does not invalidate such consent. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.2.6.020.]

6.25.030 Petition.

A proceeding under this section is initiated by a petition for termination of parent-child relationship. The petition shall include:

A. A citation to the specific statutory provisions of this title which confer jurisdiction of the proceeding on the Youth Court;

B. The name, age, address, and Tribal status of the youth who is the subject of the petition;

C. The names, addresses, and Tribal status, if known, of the youth’s parents, guardian, or other custodian;

D. A brief statement of the nature and results of any prior court proceedings related to the present matter, including any placements of the youth by a court, attaching to the petition any court orders and judgments;

E. A brief and concise statement of the facts and reasons supporting the request that the parent-child relationship be terminated; and

F. A notarized signature of the person submitting the petition. [Res. 2011-020; Res. 2006-63. Prior code § 12.2.6.030.]

6.25.040 Scheduling.

Upon receipt of the petition to terminate a parent-child relationship, the Youth Court shall set a date for the termination hearing, which shall be held within 60 days of the filing of the petition or the petition shall be dismissed without prejudice to any party. [Res. 2011-020; Res. 2006-63. Prior code § 12.2.6.040.]

6.25.050 Continuances.

The Youth Court may continue a termination hearing in accordance with CTC 6.05.080. [Res. 2011-020; Res. 2006-63. Prior code § 12.2.6.050.]

6.25.060 Pre-termination report.

A. Upon receipt of a petition under this chapter, the Court Clerk shall orally notify the Youth Home Director or youth caseworker of the contents of the petition.

B. The Director or caseworker shall commence the preparation of a pre-termination report immediately upon receipt of the Clerk’s notice.

C. In preparing the pre-termination report the Director or caseworker shall consult the youth’s parents, guardian, or other custodian, if available, and social services, health, and education personnel, among others, who have had prior professional contacts with the youth and his parent, guardian, or other custodian to determine whether termination of the parent-child relationship would be in the best interests of the youth.

D. The Director or caseworker should review the youth’s previous record, if any.

E. The pre-termination report shall be in writing and contain the professional opinions of all personnel with whom the Director or caseworker has consulted.

F. The report shall be presented to the Youth Court at least 10 days prior to the termination hearing. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.2.6.060.]

6.25.070 Summons.

A. At least 10 days prior to the termination hearing, and in accordance with CTC 6.05.160, the Youth Court shall serve summons on:

1. The youth or his or her guardian ad litem;

2. The youth’s parents;

3. The youth’s guardian or other custodian, if any;

4. Any other person the Youth Court deems necessary for a proper adjudication of the hearing; and

5. At any time prior to the hearing, any person that the youth’s parent, guardian or other custodian believes is necessary for a proper adjudication of the hearing.

B. The summons shall include the date, time and place of the hearing, and an attached copy of the petition.

C. Any person who has been issued a summons and fails to appear at the hearing may be held in contempt of court.

D. A summons which does not meet the requirements of subsection B of this section is void and confers no jurisdiction over the parties. [Res. 2011-020; Res. 2006-63. Prior code § 12.2.6.070.]

6.25.080 Termination hearing.

A. The Youth Court shall conduct the termination hearing for the sole purpose of determining whether the parent-child relationship should be terminated.

B. The parties shall be afforded all rights specified in CTC 6.05.170.

C. The Youth Court shall hear testimony concerning the circumstances that give rise to the petition and such other evidence that supports the grounds to terminate the parent-child relationship.

D. The Youth Court may terminate a parent-child relationship only if it finds evidence beyond a reasonable doubt to support one or more of the grounds listed in CTC 6.25.010.

E. Upon the termination of a parent-child relationship, the parent shall not have standing to appear at, object to, nor be entitled to notice of any further legal proceedings concerning the youth; however, any accrued support obligation existing prior to the effective date of the order terminating the parent-child relationship is not thereby terminated.

F. The parent-child relationship of one parent may be terminated without affecting the parent-child relationship of the other parent, and the order shall so state.

G. An order terminating the parent-child relationship does not affect any rights, benefits, privileges or immunities to which a youth is entitled from any third person, Indian tribe, agency, state or the United States.

H. The termination order constitutes a final order for purposes of appeal. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.2.6.080.]

6.25.090 Post-termination dispositional hearing.

A. Upon the conclusion of the hearing in which the termination of a parent-child relationship is ordered, the Youth Court shall set a date for the post-termination dispositional hearing which must be held within 30 days of the termination hearing.

B. The Social Services Director or caseworker shall submit a written report to the Youth Court at least five days prior to the post-termination dispositional hearing. The report shall include recommendations to the Court for what dispositional or permanent plan, if any, should be made for the youth.

C. The guardian ad litem shall also submit a written report to the Youth Court at least five days prior to the post-termination dispositional hearing and shall be based upon an independent investigation of what is the best disposition for the youth.

D. Notice of the date, time and place of the post-termination dispositional hearing shall be given in accordance with CTC 6.05.160.

E. At the post-termination dispositional hearing, and based upon the recommendations of the Director or caseworker and the guardian ad litem, the Youth Court shall:

1. Grant custody to the remaining parent whose parent-child relationship has not been terminated; or

2. Place the youth in a foster or shelter care facility approved by the Tribe and proceed:

a. To Chapter 6.40 CTC, Adoption; or

b. To Chapter 6.35 CTC, Guardianship; or

c. To any other appropriate chapter of the Chehalis Tribal Code.

F. If the youth has not been adopted within two years after the date of a disposition order placing the youth in a foster or shelter care facility, a review hearing shall be set by the Court to determine further orders for the youth’s care, custody and control.

G. Any disposition of a youth pursuant to this chapter shall be made in the youth’s best interests. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.2.6.090.]