Chapter 6.40
ADOPTION
Sections:
6.40.030 Availability for adoption.
6.40.060 Next friend’s report.
6.40.100 Effect of decree of adoption.
6.40.120 Copy of decree to agencies.
6.40.010 Who may be adopted.
A. Any youth within the jurisdiction of the Chehalis Tribe at the time the petition for adoption is filed and legally available for adoption as provided in CTC 6.40.030 may be adopted.
B. Upon approval of the Court, a person 18 years of age or over may be adopted and all provisions of this chapter referring to the adoption of youth shall apply to such a person. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.2.9.010.]
6.40.020 Who may adopt.
A. Any person who, at the time the petition for adoption is filed, is 21 years of age or older and at least 10 years older than the youth to be adopted, may petition the Youth Court to decree an adoption and to change the youth’s name, if desired. If the petitioner is a member of the youth’s extended family and the Court finds that the best interests of the youth will be promoted by the adoption, the Court may waive the requirement that the petitioner be at least 10 years older than the youth to be adopted. Every such waiver shall be recited in any judgment of adoption thereafter entered.
B. In addition to the requirements of subsection A of this section, a person having a living spouse from whom he or she is not legally separated shall petition jointly with such spouse, unless such spouse is the biological parent of the youth to be adopted or has previously adopted the youth. For purposes of this subsection B, only one of the two spouses need be at least 21 years of age and 10 years older than the youth at the time the petition for adoption is filed. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.2.9.020.]
6.40.030 Availability for adoption.
A. A youth is available for adoption only if:
1. S/he has no parents by reason of death, or has been granted voluntary or involuntary termination of the parent-child relationship by a court of competent jurisdiction;
2. In a step-parent adoption, one parent is deceased, his/her parent-child relationship has been terminated by a court of competent jurisdiction, or s/he consents to the adoption.
B. The Youth Court may, prior to or in consolidation with an adoption hearing, conduct a hearing in accordance with Chapter 6.25 CTC to determine whether a parent’s parent-child relationship should be terminated in order that the youth may be available for adoption for purposes of this chapter. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.2.9.030.]
6.40.040 Consent.
A. Consent to any proposed adoption is required of:
1. The mother of the youth; and
2. The father of the youth if:
a. The youth was conceived or born while the father was married to the mother; or
b. The youth is his by previous adoption; or
c. His paternity has been established by a court proceeding; or
d. He has acknowledged paternity in writing, in the presence of one witness, and is named as the father on the youth’s birth certificate; or
e. He has provided the youth with support in a repetitive, customary manner; and
3. The youth, if he or she is 14 years of age or older; and
4. The guardian of the youth; and
5. The agency to whom permanent custody and care of the youth has been entrusted.
B. The consent requirement of subsection A of this section may be waived by the Court with respect to:
1. A parent whom the Court finds, by evidence beyond a reasonable doubt, has deserted the youth;
2. A parent whose parent-child relationship with the youth has been terminated by a court of competent jurisdiction;
3. A parent who has been deprived of the custody of the youth by a court of competent jurisdiction; provided, that a decree in an action for divorce, separate maintenance, annulment, dissolution, declaration of invalidity, declaration of paternity, or any other order in civil or criminal proceeding, including proceedings in Youth Court, which grants to a parent any right of custody, control, or visitation of a youth, or requires of such parent the payment of support money for such youth, shall not constitute such deprivation of custody;
4. A parent who, more than one year prior to filing of a petition hereunder, has been adjudged, by a court of competent jurisdiction, to be mentally ill or otherwise mentally incompetent, and who has not thereafter been restored to competency by the Court making such adjudication;
5. The guardian of the youth, who has failed to respond in writing to a request for consent for a period of 60 days or who, after examination of his or her written reasons for withholding consent, is found by the Court to be withholding his or her consent unreasonably.
C. Consent shall be executed as follows:
1. If by the person to be adopted, by oral or written statement in the presence of the Court or by being acknowledged before a notary public;
2. If by an agency, by affidavit from its authorized representative;
3. If by any other person, by affidavit 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 person giving consent;
4. If by the Court, by an appropriate order or certificate of the Court.
D. If no guardian of the youth has been appointed and the youth is otherwise available for adoption, the person who has had the youth living in his or her home for one year or more may petition the Court to appoint such guardian in order that the consent of the guardian may be sought. This petition shall become part of the record in any adoption proceeding initiated thereafter.
E. If the parent giving the consent is a youth himself or herself, the Court may appoint a guardian ad litem, who shall make an investigation and report orally to the Court, covering the competency of the person giving the consent and certifying whether the consent was voluntarily made and whether it is for the best interests of the youth to be adopted.
F. Requisite written consent to any adoption must be filed with the Court prior to a hearing on the petition for adoption. Requisite oral consent may be given at the adoption hearing.
G. Consent of a biological parent may be withdrawn only when the Court finds by clear and convincing evidence that the consent was obtained by fraud or duress. No adoption which has been effective for at least one year may be invalidated under the provisions of this subsection G.
H. Any consent given prior to or within 10 days of the youth’s birth is invalid. [Res. 2011-020; Res. 2006-63. Prior code § 12.2.9.040.]
6.40.050 Petition.
A. A proceeding for adoption is commenced by filing a petition for adoption in the Youth Court. The person to be adopted shall be designated in the caption in the name by which he or she is to be known if the petition is granted. If the youth is placed for adoption by an agency, any name by which the youth was previously known shall not be disclosed in the petition, the notice of hearing, or the decree of adoption.
B. A sufficient number of copies of the petition for adoption shall be signed and verified by the petitioner and filed with the Court Clerk so that service may be made under CTC 6.40.070. The Clerk shall immediately deliver a copy of the petition to the Chehalis Social Services Director.
C. The petition shall state:
1. The date and place of birth of the person to be adopted, if known;
2. The full name to be given to the person to be adopted;
3. The sex, religion, if any, and Indian status of the person to be adopted;
4. The date petitioner acquired custody of the youth, and the name of the agency placing the youth, if applicable;
5. The full name, age, place and duration of residence, religion, if any, and Indian status of the petitioner;
6. The names and addresses, if known, of all persons whose consent to the adoption is required, but who have not consented, and the facts and circumstances which excuse any anticipated lack of consent;
7. A description of previous civil proceedings involving the care or custody of the youth to be adopted, and the results of these proceedings;
8. The names and addresses of all persons who have or claim a right of custody to or visitation with the youth, or who are required to make payments of money for the support of the youth; and
9. The reasons the petitioner desires to adopt the youth.
D. The petition shall be signed and verified under oath by the petitioner and his/her spouse, if any. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.2.9.050.]
6.40.060 Next friend’s report.
A. Upon the filing of a petition for adoption, the Court shall cause an investigation of the propriety of the adoption home to assess that the home is a suitable home for the youth and the proposed adoption is in the best interests of the youth. Unless ordered by the Court, such investigation and determination are not required when the petitioner is a step-parent or a member of the youth’s extended family.
B. The Court shall appoint the Youth Home Director, or any qualified salaried Court employee, or any other suitable and proper person as next friend of the youth to make the investigation.
C. The investigation shall be made without expense to the petitioners.
D. The investigator appointed by the Court shall make a written report to the Court within 60 days from the time of the appointment unless further time is granted by the Court.
E. Such report shall contain all reasonably available information concerning:
1. The physical and mental condition of the youth and the petitioner, and petitioner’s family;
2. The religion of the youth, if any, and if unknown, then the report shall designate unknown;
3. The parents of the youth;
4. The home environment, family life, health, facilities and resources of the petitioners;
5. The youth’s special cultural heritage, including his Indian status;
6. The marital status of the petitioner, including the date and place of marriage, if married, and divorce, if any; and the names and ages of other children, both natural and adopted and both living and dead, of the petitioner;
7. A description and estimate of the value of any property and other assets of the person to be adopted; and
8. Any other facts and circumstances relating to the propriety and advisability of the adoption.
F. The next friend may, in his/her discretion, rely on the contents and adopt the recommendations of any preplacement report concerning the adoption that was prepared pursuant to any state or Tribal law.
G. When the petition is by a step-parent or some other member of the youth’s extended family and the Court orders a next friend’s report, the Court may dispense with a formal written report and require only such oral information from the next friend as the Court deems necessary in the particular case as to the propriety of the adoption. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.2.9.060.]
6.40.070 Notice.
A. After the petition for adoption is filed, the Court Clerk shall fix a time and place for a hearing on the petition.
B. Notice of hearing shall be given in accordance with CTC 6.05.160 by the Court Clerk to all persons whose consent is required under CTC 6.40.040, the petitioner, and the Social Services Director.
C. Upon a showing by the petitioner that the privacy of the petitioner or youth may be endangered, the Court may order the names of the petitioner or youth, or both, to be deleted from the notice of hearing and from the copy of the petition attached thereto, provided the substantive rights of any person will not thereby be affected. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.2.9.070.]
6.40.080 Hearing.
A. The petitioner and the person to be adopted shall appear at the hearing on the petition, unless:
1. The person is under 14 years of age; or
2. The presence of either is excused by the Court for good cause.
B. The Court may continue the hearing from time to time to permit further observation, investigation, or consideration of any facts or circumstances affecting the granting of the petition.
C. If the petition is denied, the Court shall state with specificity the reasons for the denial and determine the person that is to have custody of the youth.
D. At the conclusion of the hearing, when the Court determines that all necessary consents have been obtained and that the adoption is in the best interest of the person to be adopted, a decree of adoption shall be entered. [Res. 2011-020; Res. 2006-63. Prior code § 12.2.9.080.]
6.40.090 Decree of adoption.
A. If the Youth Court grants the petition for adoption, the decree of adoption shall provide:
1. For the issuance of a certificate of birth by the State Registrar of Vital Statistics for the State of Washington, in such form and containing such information as the Court may deem proper and as the decree shall direct;
2. That the records of the registrar be secret unless otherwise provided by the Court, and the same may be disclosed only upon order of court for good cause shown;
3. That such adoption remain temporary for one year from date of entry of such decree, and shall become permanent at the expiration of said one year.
B. Such decree shall be final as to the parties and those notified of the hearing unless appealed from within 30 days after entry of the decree. [Res. 2011-020; Res. 2006-63. Prior code § 12.2.9.090.]
6.40.100 Effect of decree of adoption.
A. A decree of adoption, whether entered by the Youth Court or another court of competent jurisdiction, has the following effect:
1. It relieves the biological parents of the adopted person, except a biological parent who is a petitioner or who is married to a petitioner, of all parental rights and duties.
2. It terminates all legal relationships between the adopted person and his relatives, including his biological parents, except a biological parent who is a petitioner or who is married to a petitioner, so that the adopted person thereafter is a stranger to his former relatives for all purposes, including inheritance and the interpretation or construction of documents, statutes, and instruments, whether executed before or after entry of the adoption decree, that do not expressly include the adopted person by name or by some designation not based on a parent and youth or blood relationship. However, the decree does not affect any rights flowing from the youth’s Tribal relationship.
3. It creates the relationship between the adopted person and the petitioner, and all relatives of the petitioner, that would have existed if the adopted person were a legitimate blood descendant of the petitioner. This relationship shall be created for all purposes, including inheritance and applicability of statutes, documents, and instruments, whether executed before or after entry of the adoption decree that do not expressly exclude an adopted person from their operation of effect.
4. The decree may also include a provision changing the name of the person to be adopted.
B. If a parent of a youth dies without the parent-child relationship having been previously terminated and a spouse of the living parent thereafter adopts the youth, the youth’s right of inheritance from or through the deceased parent is unaffected by the adoption. [Res. 2011-020; Res. 2006-63. Prior code § 12.2.9.100.]
6.40.110 Appeals.
A. After one year from the entry of a decree of adoption, any irregularity or procedural defect in the proceedings is cured, and the validity of the decree shall not be subject to direct or collateral attack because of an irregularity or procedural defect.
B. Any defect or irregularity of, or objection to, a consent that could have been cured had it been made during the proceedings shall not be questioned after the time for taking an appeal has expired.
C. At any time prior to the expiration of one year from entry of the decree, any interested person may file in the adoption proceedings his verified petition for the vacation or modification of such decree of adoption.
D. A decree of adoption may be vacated only where the Court finds from the facts alleged and proven by clear and convincing evidence that no solution other than vacation of the decree is possible, consistent with the welfare of the youth. Upon the filing of such petition, the Court shall, upon application, fix a time for hearing thereon. At least 10 days’ notice of such hearing shall be served upon all of the parties to the adoption proceeding and the persons served as provided in CTC 6.40.070 and also upon the Social Services Director. Upon such hearing, if the petition is granted, the Court shall enter an order vacating the decree of adoption, and may also make such further order for the welfare of the youth as in its discretion it deems proper. An appeal from any order vacating or refusing to vacate such decree may be taken, as in other civil cases.
E. If no appeal is taken from the decree of adoption and if no petition to vacate or modify the same is filed within such one-year period, then the decree shall be deemed a final judgment as of the date entry.
F. Initials shall appear on the record on appeal in place of the name of the youth and his or her parent, guardian, or other custodian.
G. Appeals shall be advanced on the calendar of the Appellate Court and shall be decided at the earliest practical time. [Res. 2016-17; Res. 2011-020; Res. 2006-6. Prior code § 12.2.9.110.]
6.40.120 Copy of decree to agencies.
A. If a decree of adoption is entered, as soon as the time for appeal therefrom has expired, or if an appeal is taken, then upon final determination thereof, if the adoption is affirmed, the Clerk of the Youth Court shall transmit to the Washington State Registrar of Vital Statistics a certified copy of such decree, along with any other completed forms required by the registrar.
B. A certified copy of such decree shall also be sent to an appropriate official at the Bureau of Indian Affairs. [Res. 2011-020; Res. 2006-63. Prior code § 12.2.9.120.]
6.40.130 Regulations.
The Business Committee, after consultation with the Social Services Director, the Youth Court judge, and the Chehalis Indian Child Welfare Committee, may develop, implement, and enforce regulations governing the policy, conduct and standards for adoptive placements by the Chehalis Tribe. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.2.9.130.]