DMR.1.8.060 Customary Adoption

(a) Guiding Philosophy for Customary Adoption.

(1) It is the fundamental belief of the Tribe that its children are the sacred responsibility of the Tribe.

(2) One of the Tribe's basic inherent sovereign rights is the right to make decisions regarding the best interest of its children including who should provide for the care, custody and control of its children. This section is intended to assure a safe, stable, nurturing, and permanent environment for the Tribe's children and to provide for the protection of our children, our people, and our way of life.

(3) The principles that shall guide decisions pursuant to this ordinance are: the protection of the child's safety, well-being and welfare and their sense of belonging; preservation of the child's identity as a tribal member and member of an extended family; preservation of the culture, religion, language, values, clan system, and relationships of the Tribe.

(4) As an exercise of its inherent sovereignty the Tribe has the authority and jurisdiction to formally delegate the authority of its Children's Court to adjudicate its own customary practices regarding child rearing and child custody.

(b) Purpose of Customary Adoption. Customary adoption shall be liberally construed as an exercise of the inherent sovereign authority of the Tribe to fulfill the following express purposes:

(1) To embody and protect the basic traditional values of the Tribe regarding the protection and care of the Tribe's children. The Tribe believes that it is the responsibility of the Tribe, the tribal communities and extended families to protect, care for, and nurture our children.

(2) To promote the belief of the Tribe that children deserve a sense of permanency and belonging throughout their lives and at the same time they deserve to have knowledge about their unique cultural heritage including their tribal customs, history, language, religion, and values.

(3) To provide for the best interests of the Tribe, tribal communities and the Tribe's children.

(4) To afford judicial processes which allow for formal adjudications that address the issues of rights, responsibilities, care, custody and control of minor children when the biological parents are unable or unwilling to provide for a safe, stable nurturing and permanent environment for their children by conferring jurisdiction upon the Children's Court to hear and adjudicate such matters.

(1) A petition for customary adoption pursuant to this subchapter may be filed by any adult seeking the customary adoption of a minor child whose parents' parental rights have been terminated or suspended. The petition shall including the following information in addition to the adoption petition information required pursuant Section DMR.1.8.020(c) of this ordinance:

(A) A statement as to why a final order for customary adoption is in the best interests of the child and the best interests of the child's tribe.

(B) A statement as to the basis for the customary adoption supported by a home study required pursuant Section DMR.1.8.040(a) of this ordinance, ceremonial leader, traditional elder, medical doctor, psychiatric doctor, child protection worker, family member, and/or psychological reports or testimony.

(d) Notice of Hearing on Petition for Customary Adoption. The customary adoption petition and notice of the hearing shall be served in the manner required pursuant to Section DMR.1.8.030 of this ordinance. In addition, the customary adoption petition and notice of the hearing shall also be served upon the child's tribe, appropriate family members, if any; 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 Clerk of Court may serve the parties on behalf of the petitioner.

(e) Hearing on Petition for Customary Adoption. The hearing on the customary adoption petition shall be conducted in the manner required pursuant to Section DMR.1.8.050 of this ordinance.

(f) Final Order for Customary Adoption. If the Children's 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 customary adoption in the manner required pursuant to Section DMR.1.8.050(b) of this ordinance. Such an order may include, but is not limited, to the following:

(1) A statement that the child has been adopted by the petitioner(s) and that the parent-child bond is hereby established and that all rights and responsibilities of that relationship shall exist upon the entry of such a final order.

(g) Certification of a Customary Adoption.

(1) A customary adoption, conducted in a manner consistent with this section is a long established, continued, reasonable process and considered by the Children's Court as having the same effect as an adoption order issued by this Court so long as it is in the best interests of the child and the child's Tribe.

(2) A decree certifying a customary adoption has the same effect as a decree or final order of customary adoption issued by this Court.