DMR.1.6.130 Hearing on Petition to Suspend Parental Rights

(a) Attendance at Hearing.

(1) The biological parent(s) and petitioner shall be present at the hearing in person or by telephone unless he or she has waived the right to appear in writing executed before the Clerk of Court or a notary and filed with the Court, or unless the parent is unable to attend by reason of a medical condition as evidenced by a written statement from a licensed physician or other appropriate professional.

(2) The petitioner shall be present at the initial hearing. The petitioner's failure to appear shall be grounds for dismissal of the petition.

(b) Conduct of the Hearing.

(1) The Court shall inform the parent(s) of their rights under this ordinance and of the nature and consequences of the proceeding. In addition to any other rights offered under the Indian Civil Rights Act, 25 U.S.C. § 1301-03 (1968), as amended, or enumerated with the Lac Courte Oreilles Tribal Code of Law, petitioners, and other parties have the following rights:

(A) A biological parent has the right to refuse services provided by any social services agency; however, their refusal to accept services may have significant impact on their ability to have contact with their children.

(B) The parties have the right to have reasonable notice and to attend any hearing arising out of the filing of a petition for suspension of parental rights pursuant to this subchapter. The biological parents and the petitioner have the right to be represented by council at their own expense at all proceedings.

(D) The biological parents and the petitioner have the right to seek independent medical, psychological or psychiatric evaluation of the child at their own expense.

(2) The Court shall inform all other parties of their right under the Lac Courte Oreilles Tribal Code of Law pursuant to the Indian Civil Rights Act, 25 U.S.C. § 1301-03 (1968), as amended, including the right to summon and cross-examine witnesses.

(3) The Court shall hear evidence on the matter, if the Court determines that the biological parent(s) have given, his, her, or their informed and voluntary consent to the suspension of parental rights.

(4) The rules of evidence of Chapter TCT.4 shall apply.

(5) The burden of proving the allegation of the petition shall be upon the petitioner and the standard of proof shall be clear and convincing evidence. There shall be a legal presumption of parent's ability to parent until proven otherwise.

(6) The Children's Court may continue the hearing, upon a showing of good cause, at the request of any party to the proceeding and enter such temporary orders, if any, as may be deemed just and reasonable to carry out the purposes of this subchapter.

(1) In all cases, the Children's Court shall make specific written findings of fact, state separately its conclusions of law, and enter an appropriate judgment or order.

(2) The Children's Court may make findings that it is in the child's best interest that a final order suspending the parental rights be entered and the Court shall specify the basis of those findings.

(3) The Children's Court shall complete the final hearing within forty-five (45) days of the initial hearing.

(d) Final Order on Petition to Suspend Parental Rights.

(1) If the Court determines that it is in the best interests of the child and the child's tribe, it shall issue a final order for a suspension of parental rights. Such an order for the suspension of parental rights may include, but is not limited to the following:

(A) A suspension of the parental rights of the parent, including the suspension of the right to the care, custody, and control of the minor child and allowing the child to be adopted;

(B) A suspension of the right of the parent to have contact with the minor child including contact in person, by mail, by telephone or through third parties or the order may allow for a contact agreement agreed upon by the parties to be ordered by the Court;

(C) Restraining a parent from contacting the minor child, the child's foster parent, the child's adoptive parent and/or the social services agency or agencies possessing information regarding the minor child, or by an agreement;

(D) Ordering that the biological parents' obligation to pay child support, except for arrearages, is hereby terminated.

(E) Ordering that any prior court order for custody, visitation, or contact with the minor child is hereby terminated; and

(F) Ordering that the parent shall have no standing to appear at any future legal proceedings involving the child.

(2) The suspension of parental rights does not sever or affect in any way a child's relationship to his/her Tribe or any rights of inheritance from the biological parent(s). A suspension of parental rights does not require a change on the child's birth certificate.

(3) The final order shall contain a statement regarding why it is in the best interests of the child and the child's tribe to enter this order.

(4) Copies of any order for the suspension of parental rights shall be served upon the parent and the agency or agencies having legal custody of the child and any other parties as directed by the Children's Court.

(5) Final orders for the suspension of parental rights may be reviewed by the Children's Court at the request of the biological parent, the agency or agencies possessing custody of the child only if one of the following occurs: if there is no final dispositional order based on the permanency planning requirements of the court report prepared pursuant to Section DMR.1.5.060(b) of this ordinance, in effect after a period of one (1) year after the entry of the final order suspending parental rights; the adoption of the child fails; the adoptive parent is deceased; or if the adoptive parent(s) joins in the biological parents request for review. Notice of this review shall be provided to all parties to the hearing at which the final suspension of parental rights order was issued.