Grounds for Involuntary Termination of Parental Rights - Navajo Nation

Grounds for Termination of Parental Rights
Citation: Tribal Code Tit. 9, § 1301

Evidence sufficient to justify the termination of the parent-child relationship shall include any of the following grounds:

• The parent has abandoned the child or has made no effort to maintain a parental relationship with the child.
• The parent has seriously neglected or willfully abused the child.
• The parent is unable to discharge parental responsibilities because of mental illness, mental deficiency, or a history of chronic abuse of dangerous drugs, controlled substances, or alcohol, and there are reasonable grounds to believe the condition will continue for a prolonged, indeterminate time.
• The parent is incarcerated due to a conviction of a felony, and either of the following applies:
  • The offense is of such nature as to show the unfitness of the parent to have custody and control of the child.
  • The sentence of the parent is of such length that the child will be deprived of a normal home for several years.
• The parents have voluntarily relinquished their rights to the child or have consented to adoption.

The court may also consider the best interests of the child.

Timeframes for Termination Proceedings

This issue is not addressed in the Tribal codes reviewed.

Exceptions

This issue is not addressed in the Tribal codes reviewed.

When Parental Rights May Be Reinstated

This issue is not addressed in the Tribal codes reviewed.