9.03.020 Restoration of Parental Rights Relinquished or Voluntarily Terminated with Respect to a Child

(a) Petition for restoration of parental rights. Any time after one year after the execution of a relinquishment or issuance of a decree of voluntary termination of parental rights, if the child as to whom parental rights were relinquished or terminated has neither been adopted nor is in an adoptive placement, the parent whose rights were relinquished or terminated may petition the Tribal Court for restoration of parental rights. However, upon fifteen days notice to the petitioners and the Court having jurisdiction of the petition, and unless otherwise ordered by the Court, an agency may place a child for adoption during the pendency of the petition and such placement will have the effect of terminating the petition. In the case of an adoptive placement made during the pendency of such a petition, the prospective adoptive parent(s) with whom the child is placed shall be notified by the agency of the petition prior to placement.

(b) Appearance by guardian or agency. Any guardian of the child's person and the agency to which the child was relinquished shall have the right to receive notice and appear at the hearing to show cause why such restoration or rights should not occur. If the Court finds upon clear and convincing evidence that restoration of parental rights would be in the best interest of the child, it shall order restoration.