Grounds for Involuntary Termination of Parental Rights - Pascua Yaqui Tribe

Grounds for Termination of Parental Rights
Citation: Tribal Code Tit. 5, § 7-410

Grounds for involuntary termination of parental rights include the following:

• The parent has abandoned the child.
• The parent has willfully inflicted repeated physical abuse upon the child, resulting in serious physical injuries to the child.
• The parent has committed willful and repeated acts of sexual abuse or sexual exploitation.
• The return of the child may result in serious permanent emotional damage, as supported by the best evidence available in the field of child development.
• 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 that the condition will continue for a prolonged, indeterminate time.
• The child has been under the care and custody of the Social Services Department for 15 of the most recent 22 months, the parent has been unable to remedy the circumstances that caused the child to be under the care and custody of the department, and there is a substantial likelihood that the parent will not be capable of exercising proper care and control in the near future.
• The parent has been convicted of any of the following offenses:
  • Murder or manslaughter of another child of the parent
  • Aiding, abetting, attempting, conspiring, or soliciting to commit the murder or manslaughter of another child of the parent
  • Felony assault that results in serious bodily injury to the child or another child of the parent
• The Tribal court has determined a child to be an abandoned infant.

A petition seeking involuntary termination of the parent-child relationship must establish the following:

• A ground for the involuntary termination of parental rights exists.
• Continuation of the parent-child relationship clearly diminishes the child's prospects of successful placement into a permanent and stable home.
• Not returning the child to his or her parent is the least detrimental alternative that can be taken.
• Termination of the parent's parental rights is in the child's best interests.

Timeframes for Termination Proceedings
Citation: Tribal Code Tit. 5, § 7-410

Action to terminate a parent's parental rights must be taken when the child has been under the care and custody of the department for 15 of the most recent 22 months.

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.