9.1.4.050 Procedures in Terminating Parental Rights

(a) Parental rights may be terminated as follows:

(1) Any person having knowledge of circumstances which indicate that the rights of a parent to his child should be terminated, may petition the Children's Court as provided in this Title.

(2) The termination of parental rights shall be made only after a hearing before the Court in the manner provided in this Title.

(3) The Court shall have notice of the time, place, and purpose ofteh hearing served on the parents and personal service shall be made at least ten (10) working days before the day of the hearing; and notice sent by certified mail, return receipt requested, shall be mailed and court date shall be set ten (10) working days from return receipt was signed. If the Court determines that no return receipt is available after twenty (20) days from the date of mailing, and all other reasonable efforts to locate the parents have failed, the Court may adjudicate the child as abandoned for the purposes of this section.

(4) No parental rights of an incompetent parent may be terminated on consent of the parents unless the guardian ad litem, in writing, joins in the written consent of the parent or termination of his parental rights.

(5) Minority of parents shall not be a bare to the right of consent nor shall it invalidate consent.

(6) If, after a hearing at which the parents may be represented by lay counsel, or professional attorney, the court does not terminate parental rights, but determines that conditions of neglect or dependence exist, the Court may find the child neglected or dependent and may enter an order in accordance with the provisions of this Title.

(7) If, after a hearing at which the parents may be represented by lay counsel, or professional attorney, the Court terminates parental rights, of both parents, or of the mother if the child is illegitimate or of the only living parent, the Court shall order guardianship and legal custody of the child transferred to:

(A) A reputable individual of good character and the Court may place the child in a suitable home within the Pueblo, pro-viding the consent of the Tribal Council is obtained.

(B) A reputable individual of good character and the Court may place the child in a suitable home outside the Pueblo, providing the consent of the Tribal Council is obtained.

(8) The guardian appointed by a Children's Court under the provisions of this Section has charge of the person of the child. This guardian has the right to make all parental decisions affecting the person of the child and has legal custody of the child. A children's Court guardianship does not include the guardianship of any estate of the child unless a legal guardian is appointed for that purpose.

(9) A certified copy of the finding and the order terminating parental rights and a summary of the Court's information concerning the child shall be furnished by the Court to the Bureau of Indian Affairs, Northern Pueblos Agency. The orders shall be on a document separate from the findings. The Court shall furnish the individual or individuals to whom guardianship is transferred a copy of the order terminating parental rights.

(10) Upon its own motion or upon petition or an interested party, the Children's Court having jurisdiction of the child may, after notice to the parties and a hearing, removed the guardian appointed by the Children's Court and appoint a new guardian in accordance with the provisions of this Code. Any child fourteen (14) years of age or older who is not adopted but who is placed in a suitable home, may, with the consent of the foster parents, join with the guardian appointed by the Children's Court in a petition to the Court having jurisdiction of the child to discharge the existing guardian and appoint the foster parents as guardians of the child. The authority of any guardian appointed by the Children's Court terminates when the individual under guardianship attains eighteen (18) years of age.