Grounds for Involuntary Termination of Parental Rights - Keweenaw Bay Indian Community

Grounds for Termination of Parental Rights
Citation: Tribal Code §§ 14-140; 14-170

The court shall order the Tribal Department of Social Services (TSS) to initiate proceedings to terminate parental rights if a court of competent jurisdiction has determined any of the following:

• That the child is an abandoned infant
• That the parent has committed murder or voluntary manslaughter of another child of the parent
• That the parent aided, abetted, attempted, conspired, or solicited to commit such a murder or voluntary manslaughter
• That the parent committed a felony assault that has resulted in serious bodily injury to the child or to another child of the parent

The court may terminate the parental rights of the child's parents when the court finds, by clear and convincing evidence, any of the following:

• The parents have abandoned the child.
• The child has suffered physical injuries willfully and repeatedly inflicted by his or her parents that cause or create a substantial risk of death, disfigurement, or impairment of bodily function.
• The parents have subjected the child or have allowed the child to be subjected to willful and repeated acts of sexual abuse.
• The child has been in the care and custody of the TSS, the State Department of Human Services, or an equivalent Tribal or State agency for 15 of the last 22 months as a result of dependency, neglect, or abuse, and the ability of the child's parents to provide the child with a fit and proper home environment has not substantially improved.
• The sole parent of the child has been incarcerated for more than 2 years as a result of criminal conduct.
• Termination of the parents' parental rights is in the best interests of the child, despite reasonable efforts that were made to prevent or eliminate the need for the termination and to make it possible for the child to remain in the child's home.

Timeframes for Termination Proceedings
Citation: Tribal Code § 14-140

If the court determines at a permanency hearing that a child should not be returned to his or her parent, the court may order TSS to initiate proceedings to terminate parental rights. The court shall order TSS to initiate proceedings to terminate parental rights if the child has been in out-of-home placement for 15 of the most recent 22 months.

Exceptions
Citation: Tribal Code § 14-140

The court is not required to order TSS to initiate proceedings to terminate parental rights and must state its reasons on the record if one or more of the following apply:

• The child is being cared for by relatives or extended family.
• TSS or its designee has not provided the child's family with the services considered necessary for the child's safe return to his or her home, consistent with the time period set in the case plan, if reasonable efforts are required.
• The case plan documents a compelling reason for determining that filing a petition to terminate parental rights would not be in the best interest of the child. A compelling reason not to file a petition to terminate parental rights includes, but is not limited to, the following:
  • No grounds exist to file a petition to terminate parental rights.
  • Adoption is not the appropriate permanency goal for the child.
  • There are international legal obligations, compelling foreign policy reasons, or cultural considerations that preclude terminating parental rights.

When Parental Rights May Be Reinstated

This issue is not addressed in the Tribal codes reviewed.