DMR.1.6.110 Petition for Suspension of Parental Rights

(a) Any adult or agency possessing custody of a minor child may file a petition with the Clerk of Court seeking an order for the suspension of the parental rights of child. The petition shall begin with the caption, "In re the Suspension of Parental Rights of (names of biological parents) to (name of child), born (birthdate of child)." The petition shall contain the following information:

(1) The name, address, and telephone number of the child's tribe;

(2) The name, address, telephone number and age of the child's parent whose parental rights are to be suspended;

(3) The name, address, and telephone number of the petitioner and the petitioner's relationship, if any, to the child;

(4) The name, address, and telephone number of any other relatives who may have an interest in the care, custody, and control of the minor child;

(5) A statement as to why an order for suspension of parental rights of the parent is in the best interest of the child and the child's tribe;

(6) A statement as to basis for the request of the suspension of parental rights, supported by medical, psychiatric, child protection worker, family member and/or psychological reports or testimony;

(7) A statement that no similar action is pending in a state or another tribal court having jurisdiction over the child.

(b) The petitioner shall sign the petition in the presence of a notary public and shall affirm under oath that the contents are true and correct except as to those matters based upon belief and, as to those matters, the petitioner reasonably believes them to be true.

(c) The petition shall be filed with the Clerk of Court, with copies served, by the petitioner, on the Child Welfare Director or the Assistant Child Welfare Director, family member, caretaker if any, and appropriate agencies of the Tribe which may have an interest in the proceeding or be of assistance to the Court in adjudicating the matter. The petition shall be served in the manner provided for in Chapter TCT.2.