Chapter 6-5 TERMINATION OF PARENTAL RIGHTS

CHAPTER 6-5
TERMINATION OF PARENTAL RIGHTS

6-5-1 Motion for Termination.

A motion for termination of the parent-child relationship may be against one or both parents. The termination of a parent-child legal relationship shall be considered only after the filing of a written motion alleging the specific grounds for termination. Proceedings on the termination of a parent-child legal relationship shall be considered at a hearing separate from the juvenile proceedings. If such proceedings are against both parents, the hearing may be conducted jointly, however, termination shall be found individually. Such motion shall be filed at least thirty (30) days before such hearing.

6-5-2 Appointment of Counsel.

(A) After a motion for termination of a parent-child legal relationship is filed pursuant to this Title, the parents shall be advised of the right to counsel, at their own expense, or counsel may be appointed whenever counsel is available at no fee or whenever the Court fund has sufficient unobligated funds to pay an attorney. If a respondent parent is a minor, a guardian ad litem shall be appointed and shall serve in addition to any counsel requested by the parent.

(B) An attorney, who shall be the child’s previously appointed guardian ad litem whenever possible, shall be appointed to represent the child’s best interest in any hearing determining the involuntary termination of the parent-child legal relationship. Such representation shall continue until an appropriate permanent placement of the child is effected or until the Court’s jurisdiction is terminated.

6-5-3 Burden of Proof.

The burden of proof shall rest with the petitioner and shall be by clear and convincing evidence that termination of parental rights and a permanent placement with another person is in the best interest of the child.

6-5-4 Grounds of Termination.

This Court may order a termination of the parent-child legal relationship upon the following grounds:

(A) Abandonment.

(B) Parental unfitness.

6-5-5 Abandonment.

Before a termination of the parent-child legal relationship based on abandonment can be ordered, the petitioner shall file an affidavit stating that the identity of the child’s parent or parents is unknown and has been unknown for a period of one hundred eighty (180) days and that reasonable efforts to identify and locate the parents have failed. Such affidavit shall be filed not later than ten (10) days prior to the hearing.

6-5-6 Parental Unfitness.

In determining unfitness, the Court shall find that continuation of the legal relationship between parent and child is likely to result in grave risk of death or serious injury to the child or that the conduct or condition of the parent or parents renders the parent or parents unable or unwilling to give the child reasonable parental care. In considering any of the factors listed below in terminating the parent-child legal relationship, the Court shall give primary consideration to the physical, mental, and emotional conditions and needs of the child. The Court shall review and order, if necessary, an evaluation of the child’s physical, mental, and emotional conditions. In making such determination, the Court shall consider, but not be limited to, the following:

(A) Emotional illness, mental illness, or mental deficiency of the parent as to render the parent incapable of caring for the ongoing physical, mental, and emotional needs of the child.

(B) Conduct toward the child of a physically or sexually abusive nature.

(D) A single incident of life-threatening or gravely disabling injury or disfigurement of the child.

(E) Extreme neglect of the child.

(F) Long-term confinement of the parent.

(G) Injury or death of a sibling due to proven parental abuse or neglect.

6-5-7 Voluntary Termination.

When the parents or grandparents of a child voluntarily consent to the termination of parental rights, 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 are fully explained in detail and were fully understood by the parent. Any consent to termination may be written at any time prior to the entry of a final decree of termination of parental rights and then the termination proceedings shall be dismissed.

6-5-8 Review Following Determination.

The Juvenile Court shall order that a review hearing be held not later than ninety (90) days following the date of the termination of the parent-child relationship. At such hearing, the social service agency or individual vested with legal custody of the child shall report to the Juvenile Court the recommendations for permanent placement of the child. If the Juvenile Court determines that adoption is not immediately feasible or appropriate, the Court may order that provisions be made immediately for long-term foster placement of the child.

6-5-9 Effect of Termination.

An order for the termination of the parent-child legal relationship divests the child and the parent of all legal rights, powers, privileges, immunities, duties, and obligations with respect to each other, except for the right of the child to inherit from the parent. No order or decree entered pursuant to this Title shall limit a child to any benefit due him for any third person, including, but not limited to, any Indian tribe, any agency, any state, or the United States.

6-5-10 Grandparents Rights.

No dispositional order or decree, including termination of parental rights and adoption, shall divest the child’s grandparents of their rights to reasonable visitation and their duty to provide instruction and training regarding tribal customs and traditions provided those rights and duties have not been extinguished in a formal proceeding.