Turtle Mountain Law Library
Turtle Mountain Band of Chippewa Indians Tribal Code.

9.03.060 Disposition of Petition for Involuntary Termination of Parental Rights with Respect to a Child

(a) Disposition upon granting petition. If, after considering all the evidence at the adjudicatory hearing, the Court finds that sufficient grounds exist for involuntary termination of the legal parent-child relationship, it shall:

(1) Enter an order terminating the legal parent-child relationship; and

(2) If such order has the effect of terminating the parent-child relationship with respect to both parents or to the last surviving parent, appoint an individual or agency guardian of the child's person. The guardian of the child's person shall report to the Court within ninety days on a permanent placement plan for the child. At least every six months thereafter, a report shall be made to the Court on the implementation of such plan. The Court shall review the plan for the child no less than once a year.

(b) Denial of petition.

(1) If the Court finds that sufficient grounds for involuntary termination of the legal parent-child relationship do not exist, it shall make an appropriate order with respect to the custody and protection of the child, and may either continue its jurisdiction or dismiss the petition as may be appropriate in the circumstances.

(2) If the Court finds that the services or social service contract as described in Section 9.03.040(b)(1) and Section 9.03.040(b)(2) of this Act were insufficient or inadequate, the Court may order an agency to develop a plan of service for the child and his parents.

(3) Any order the Court makes under subsection (b)(1) of this section shall specify what residual rights and responsibilities remain with each living parent, and shall designate the period of time the order shall remain in effect, with mandatory review by the Court no later than six months thereafter and at subsequent intervals of not more than one year.

(c) Court Review of Permanent Placement Plan. In conducting reviews pursuant to Subsections (a)(2) and (b)(3) of this section, the Court or a hearing officer designated by the Court shall hold a hearing and require that the presence of the guardian of the child's person or any other person the Court or the hearing officer deems necessary to conduct the review.