Grounds for Involuntary Termination of Parental Rights - Cherokee Nation

Grounds for Termination of Parental Rights
Citation: Tribal Code Tit. 10, Ch. 1B, § 40.11; Ch. 51, § 1130

No termination of parental rights may be ordered in the absence of a determination, supported by evidence beyond a reasonable doubt, including testimony of qualified expert witnesses, that the continued custody of the child by the parent or custodian is likely to result in serious emotional or physical damage to the child. 

A court may terminate the rights of a parent to a child in the following situations: 

• A finding that a parent who is entitled to custody of the child has abandoned the child.
• A finding that the following apply:
  • The child is deprived as defined in this chapter.
  • Such a condition is caused by or contributed to by acts or omissions of the parent.
  • Termination of parental rights is in the best interests of the child.
• The parent has failed to show that the condition that led to the deprived finding has not been corrected, although the parent has been given 3 months to correct the condition.
• A finding that a parent who does not have custody of the child has willfully failed to contribute to the support of the child as provided in a decree of divorce or in some other court order during the preceding year or, in the absence of such order, consistent with the parent's means and earning capacity.
• A conviction in a criminal action for abuse, neglect, exploitation, or sexual abuse of a child or a finding in a deprived child action of either of the following:
  • The parent has physically or sexually abused the child or a sibling of such child or failed to protect the child or a sibling of such child from physical or sexual abuse that is heinous or shocking or that the child or sibling of such child has suffered severe harm or injury as a result of such physical or sexual abuse.
  • The parent has physically or sexually abused the child or a sibling of such child or failed to protect the child or a sibling of such child from physical or sexual abuse subsequent to a previous finding that such parent has physically or sexually abused the child or a sibling of such child or failed to protect the child or a sibling of such child from physical or sexual abuse.
• A conviction in a criminal action that the parent has caused the death of a sibling of the child as a result of the physical or sexual abuse or chronic neglect of such sibling.
• A finding that all the following exist:
• The child is deprived, as defined in this chapter.
  • Custody of the child has been placed outside the home of a natural or adoptive parent, guardian, or extended family member.
  • The parent whose rights are sought to be terminated has been sentenced to a period of incarceration of no less than 10 years.
  • The continuation of parental rights would result in harm to the child based on consideration of the following factors:
    • The duration of incarceration and its detrimental effect on the parent/child relationship
    • Any previous incarcerations
    • Any history of criminal behavior, including crimes against children
    • The age of the child
    • The evidence of abuse or neglect of the child or siblings of the child by the parent
    • The current relationship between the parent and the child and the manner in which the parent has exercised parental rights and duties in the past
  • Termination of parental rights is in the best interests of the child.
• A finding that all the following exist:
  • The child is deprived as defined in this chapter.
  • Custody of the child has been placed outside the home of a natural or adoptive parent, guardian, or extended family member.
  • The parent whose rights are sought to be terminated has a mental illness or mental deficiency that renders the parent incapable of adequately and appropriately exercising parental rights, duties, and responsibilities.
  • Continuation of parental rights would result in harm or threatened harm to the child.
  • The mental illness or mental deficiency of the parent is such that it will not respond to treatment, therapy, or medication, and, based upon competent medical opinion, the condition will not substantially improve.
  • Termination of parental rights is in the best interests of the child. 

Incarceration of a parent or a finding that a parent has a mental illness or mental deficiency shall not in and of itself deprive the parent of his or her parental rights. 

Timeframes for Termination Proceedings

This issue is not addressed in the statutes reviewed.

Exceptions

This issue is not addressed in the statutes reviewed.

When Parental Rights May Be Reinstated

This issue is not addressed in the statutes reviewed.