9.03.080 Effect of Termination Decree of Relinquishment of a Child

(a) Effect of termination. Upon relinquishment of a child or termination of parental rights with respect to a child through a court decree, the parent ceases to be the legal parent of the child as to whom rights have been terminated. No such parent has a right to notice of proceedings for adoption of the child by another or to object to the adoption or otherwise to participate in the proceedings.

(b) Parental Rights Independently Terminable. The legal parent-child relationship may be terminated with respect to one parent without affecting the legal relationship between the child and the other parent.

(c) Agency to provide notice if termination challenged.

(1) If the validity of a relinquishment or court order terminating parental rights with respect to a child is challenged in a Court of this Tribe, the Court in which such challenge is filed shall:

(A) Notify any agency to which the child was relinquished which is presently responsible for the child, which placed the child for adoption, or which provided post-placement services; and

(B) Hold a hearing to determine if any notice shall be provided the child and if so, the nature and the notice. At such hearing, the Court may appoint an Attorney Ad Litem to represent the child. An agency which is notified under subsection (c)(1)(A) of this section shall notify the adoptive parents of a child who has been adopted or, if the child has not been adopted, the prospective adoptive parents, if any. Such notice shall inform the parties of the pendency of the challenge and of their right to be heard regarding such challenge. The agency issuing such notice shall certify to the Court in which the attached was filed that the requirements of this subsection have been met.

(C) If the validity of a relinquishment or court order terminating parental rights with respect to a child is challenged in a Court of any other jurisdiction, any agency of this Tribe which learns of such challenge by any means shall notify the agency responsible for the child prior to his placement or adoption, which in turn shall notify the adoptive or proposed adoptive parents, if any, of the pendency of a proceeding which may affect their status with respect to the child.