Grounds for Involuntary Termination of Parental Rights - Kenaitze Indian Tribe

Date: August 2025

Grounds for Termination of Parental Rights
Citation: Tribal Ord. 86-06, § 1-5-2

The court may order the termination of the parent-child relationship upon the finding of either of the following:

  • The child has been abandoned by his or her parent.
  • The child is adjudicated dependent or neglected, and all the following exist:
    • An appropriate treatment plan approved by the court has not been complied with by the parent or has not been successful.
    • The parent is unfit.
    • The conduct or condition of the parent is unlikely to change within a reasonable time.

In determining unfitness, conduct, or condition, the court shall find that continuation of the legal relationship between the parent and child is likely to result in grave risk of death or serious injury to the child, or that the conduct of the parent renders the parent unable or unwilling to give the child reasonable parental care. In making such determinations, the court shall consider, but not be limited to, the following:

  • Emotional illness, mental illness, or mental deficiency of the parent of such duration or nature that makes the parent unlikely to care for the child's physical, mental, and emotional needs within a reasonable time
  • Conduct toward the child of a physically or sexually abusive nature
  • A history of violent behavior
  • A single incident of life-threatening or gravely disabling injury or disfigurement of the child
  • Excessive use of intoxicating liquors or narcotic or dangerous drugs that affect the ability to care for and provide for the child
  • Neglect of the child
  • Long-term confinement of the parent
  • Injury or death of a sibling due to proven parental abuse or neglect
  • Reasonable efforts by child-caring agencies that have been unable to rehabilitate the parent

Timeframes for Termination Proceedings

This issue is not addressed in the Tribal ordinances reviewed.

Exceptions

This issue is not addressed in the Tribal ordinances reviewed.

When Parental Rights May Be Reinstated

This issue is not addressed in the Tribal ordinances reviewed.

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