9.03.010 Relinquishment of Parental Rights

Relinquishment of parental rights with respect to a child; voluntary judicial termination of parental rights with respect to a child.

(a) Effect of relinquishment. A voluntary relinquishment to an agency shall be effective to terminate the parental rights of the person executing it and' shall transfer from the parent to the agency all powers of such parent, including the right to place a child for adoption and to consent to the adoption of the child. Relinquishment of a child by one parent does not diminish the parental rights of the other parent of the child, nor does it relieve either parent of a duty otherwise provided by law to support the child until such child has been adopted or such parent's parental rights have been terminated by judicial decree.

(b) Relinquishment by American Indian parent. A voluntary relinquishment by an American Indian parent who is a member of a federally-recognized tribe shall conform to requirements of federal law.

(c) Counseling of parent prior to relinquishment. Prior to taking a relinquishment, the agency shall counsel the parent of a child regarding relinquishment, adoption, and the alternatives to relinquishment, and shall assist him in understanding and exploring the assistance and services, which may be available to his child if he chooses to relinquish the child.

(d) Court termination required when parents fail to understand process. If the agency doubts the comprehension by the parent of the meaning or consequences of relinquishment, or if the parent so requests, the agency shall not proceed to take a relinquishment, but shall assist the parent in petitioning the Court for voluntary termination of parental rights.

(e) Procedures of voluntary judicial termination of parental rights. Except as provided in the following subsection (f), procedures for voluntary judicial termination of parental rights with respect to a child shall be the same as for voluntary terminations generally.

(f) Confirmation of counseling. At the hearing on a petition for voluntary termination of parental rights, the Court shall ascertain that the petitioner has been counseled by the agency regarding termination and adoption and regarding the assistance and services which may be available to his child if he chooses not to terminate his rights as to the child, and that the petitioner voluntarily chooses to terminate his rights.

(g) Disposition upon denial of petition. Where the Court denies a petition for voluntary termination of parental rights; the Court shall order an agency to assess the needs of the child, the care the child is receiving, and the plan of the unsuccessful petitioner for the child. The agency shall submit a report on its investigation to the Court within thirty days of such order.