10.10.620 Grounds for involuntary termination of parental rights.
The Tribal Court may terminate parental rights to a child without the parent’s consent only if, by proof beyond a reasonable doubt, it finds that terminating parental rights is in the best interest of the child and the Tribe based on one (1) or more of the following grounds:
(A) Abandonment. The child has been abandoned as defined herein.
(B) Physical or Severe Emotional Injuries. Willful and repeated physical and/or severe emotional injuries of the child by the parent(s); or that the parent(s) knew that another individual willfully caused physical or severe emotional injuries and failed to remove the child from the abusive situation, to ask law enforcement to remove the individual, or to take other steps to protect the child.
(C) Sexual Abuse. Willful and severe or repeated acts of sexual abuse or sexual exploitation by the parent or parents or that the parents knew that another individual willfully and severely or repeatedly caused acts of sexual abuse or sexual exploitation and failed to remove the child from the depraved situation and/or to ask law enforcement to remove the individual.
(D) Emotional Harm. The return of the child may result in serious permanent emotional damage as supported by the best evidence available.
(E) Severe Neglect. Pervasive and uncorrectable failure or refusal to provide proper or necessary subsistence, education, medical care, shelter, a safe environment or any other necessary care for the child’s health, guidance, or well-being.
(F) Domestic or Family Violence. There is a severe continuing pattern of domestic or family violence taking place in the presence of the child.
(G) Other aggravated circumstances, such as where the parent has committed murder or voluntary manslaughter of another child of the parent; a parent or guardian has aided or abetted, attempted to conspire, solicit commission of a murder or voluntary manslaughter of a child of the parent; the parental rights of the parent with respect to a sibling have been terminated involuntarily; the parent has abandoned an infant; the parent has committed a felony assault that results in serious bodily injury to the child or another child of the parent; or finds that the parent has subjected the child to other aggravated circumstances as defined by relevant law.
(H) Decisions to Terminate Parental Rights. Decisions to terminate a parent’s legal and custodial right to his or her child shall be made on a case-by-case basis. [Res. 22-R-037, 2/24/2022; Res. 09-R-062 Title 1 § (21)(B), 4/30/2009. Formerly 10.10.580.]