DMR.1.6.010 Effect of Termination; Petition and Hearing Required

(a) Termination of parental rights means that, pursuant to court order, the legal relationship of parent and child is permanently severed. The effect of a decree of termination of parental rights is to permanently end the parent-child relationship, to remove the parent from all rights and responsibilities with respect to the child, and to sever all legal relationships, including all rights of intestate distribution and succession, custody, control, and financial responsibility, but shall not affect other familial, religious, or tribal relationships arising out of the natural parent-child relationship.

(b) Termination of parental rights may be ordered only in a proceeding where the petition clearly states that the petitioner is seeking an order of termination of parental rights, and where the mother and father have been summoned to appear before the Children's Court. The parental rights of an unadjudicated or unacknowledged father may be terminated after service of the summons and petition as provided in Section DMR.1.6.060Section DMR.1.6.060(a) and Section DMR.1.6.060(b) of this ordinance on all persons named by the mother as the possible father or, in the case of an unknown father, after publication of the notice as provided in section Section DMR.1.6.060(b) of this ordinance. If any individual appears claiming paternity and contesting the termination of rights, the Court shall establish paternity to its satisfaction before considering the termination of the individual's parental rights. Where no individual appears claiming paternity and where paternal parental rights are terminated by default, no such termination will be considered conclusive with regard to the child's rights of membership in the Tribe.

(c) Suspension of parental rights means that, pursuant to court order, the legal relationship of parent and child is suspended as agreed by a biological parent. The effect of a decree of separation of parental rights is to suspend the parent-child relationship, to suspend the parent from all rights and responsibilities with respect to the child, and to suspend all legal relationships, including all rights of intestate distribution and succession, custody, control, and financial responsibility, but shall not affect other familial, religious, or tribal relationships arising out of the natural parent-child relationship.