9.04.160 Hearings and Records in Adoption Proceedings; Confidential Nature; Disclosure of Identifying and Non-Identifying Information; When Applicable

The Tribal Court, at any stage of any proceeding under this chapter may order that this section shall apply in the case, but in no event shall the Court order this section to apply in any placement of a child with an extended family member. Notwithstanding any other law concerning public hearings and records:

(a) All hearings held in proceedings under this chapter shall be held in closed court without admittance of any person other than essential officers of the Court, the parties, their witnesses, counsel, persons who have not previously consented to the adoption but are required to consent, and representatives of the agencies present to perform their official duties.

(b) All papers, records, and information pertaining to the adoption whether part of the permanent record of the Court or a file in the BIA Social Service Office or in an agency are confidential and may be disclosed only in accordance with this section.

(1) The adoptive parents at the time of adoptive placement or upon their request.

(2) The adult adopted person upon written request thereof.

(3) In addition, the clerk, upon" request and payment of the proper fee Shall furnish a certified copy of the decree of adoption to the adoptive parents, the guardian of an adopted minor child, or an adopted adult, provided the decree does not disclose the identity of the genetic parents.

(d) An adopted person who is twenty-one (21) years of age or over may request the BIA Social Service office to secure and disclose information identifying the adopted child's genetic parents or to secure and disclose non-identifying information they have on file. The BIA Social Service office shall, within fourteen working days of receipt of request, notify in writing the child-placing agency having access to the information requested by the adopted child.

(e) Within three (3) months after receiving notice of the request of the adopted person, the child-placing agency shall make complete and reasonable efforts to notify the genetic parents of the adopted child. The child-placing agency may charge a reasonable fee to the adopted child for the cost of making a search pursuant to this subsection. All communications under this Subsection are confidential. For purposes of this subsection, "notify" means a personal and confidential contact with the genetic parents of the adopted child; the personal and confidential contact shall not be by mail and shall be by an employee or agent of the licensed child placing agency which processed the pertinent adoption, or some other licensed child-placing agency designated by the child-placing agency; the personal and confidential contact shall be evidenced by filing with the BIA Social Service office an affidavit of notification executed by the person who notified each genetic parent and certifying that each genetic parent was given the following information:

(1) The nature of the identifying information to which the agency has access.

(2) The nature of any non-identifying information requested.

(3) The date of the request of the adopted child.

(4) The right of the genetic parent to file, within sixty (60) days of receipt of the notice, an affidavit with the BIA Social Service office stating that the identifying information should not be disclosed.

(5) The right of the genetic parent to file a consent to disclosure with the BIA Social Service office at any time.

(6) An explanation of the result when a genetic parent fails to file either a consent to disclosure or an affidavit stating that the identifying information should not be disclosed.

(f) If the child-placing agency certifies to the BIA Social Service office that it has been unable to notify the genetic parent within three months, the identifying information shall not be disclosed to the adopted child. If either genetic parent has at any time filed with the BIA Social Service office an unrevoked affidavit stating that the identifying information should not be disclosed, the BIA Social Service office shall not disclose the information to the adopted child until the affidavit is revoked by the filing of a consent to disclosure by that parent.

(g) If, within three (3) months, the child-placing agency certifies to the BIA Social Service office that it has notified the genetic parents pursuant to Subsection (e), the BIA Social Service office shall receive the identifying information from the child-placing agency and disclose the information sixty-one days after the date of the latest notice to either genetic parent. This disclosure will occur if, at any time during the sixty-one (61) days, the genetic parent has filed an affidavit with the BIA Social Service office stating that the information shall be disclosed and the affidavit has not been revoked by the subsequent filing by the genetic parent of an affidavit that the information shall not be disclosed.

(h) If the genetic parent has died and has not filed an unrevoked affidavit with the BIA Social Service office stating that identifying information shall not be disclosed, the information shall be forwarded to and released by the BIA Social Service office to the adopted child. If the genetic parent has died, and at any time prior to his death, the genetic parent has filed an unrevoked affidavit with the BIA Social Service office stating the identifying information shall not be disclosed, the adopted child may petition the Court of original jurisdiction of the adoption proceeding for an order for release of the identifying information. The Court shall grant the petition if, after consideration of the interests of all known persons involved, the Court determines that disclosure of the information would be of greater benefit than nondisclosure.

(i) Any adopted person twenty-one (21) years of age or over whose adoption was finalized in this jurisdiction or whose genetic parents had their parental rights' terminated in this jurisdiction may request the BIA Social Service office to secure and disclose identifying information concerning an adult sibling in the same manner as provided for in Subsection (d). Identifying information pertaining exclusively to the adult sibling, whether part of the permanent record of a file in the BIA Social Service office or in an agency shall be released only upon consent of that adult sibling.

(j) No person may be required to disclose the name or identification of either, an adoptive parent or an adopted child except:

(1) In accordance with this section.

(2) As authorized in writing by the adoptive parent or the adopted child.

(3) Upon order of the Court for good cause shown in exceptional cases.

(k) The provisions of this section governing the release of identifying and non-identifying adoptive information apply to adoptions completed before and after the adoption of this act as ordered by the Tribal Court.

(l) Any child-placing agency discharging in good faith its responsibilities under this section is immune from any liability, civil, or criminal that otherwise might result.

(m) Upon application to the Bureau of Indian Affairs,

Department of Social Services by an adult adopted person or the parent or guardian of a minor adopted child, social services may investigate, or cause to be investigated, facts necessary to determine the adopted person's eligibility for enrollment as a member of the Turtle Mountain Band of Chippewa.

(1) The Department of Social Services may inquire of any person or agency, including a licensed child-placing agency in the State of North Dakota to assist in the investigation.

(2) All identifying information obtained by the Department of Social Services shall remain confidential.

(3) The procedure used in contacting the genetic parents of the adopted child shall be a personal and confidential contact. Any necessary contact shall be made by a Bureau of Indian Affairs Social Services employee or an agent of a licensed child-placing agency. The information necessary to make a determination of the adopted person's eligibility for enrollment in the tribe.

(4) The Department of Social Services may charge a reasonable investigation fee.

(5) No person may be required to disclose the name or identity of either an adoptive parent or an adopted child except:

(6) In accordance with this section;

(7) As authorized in writing by the adoptive parents or the adopted child;

(8) Upon order of the court for good cause shown in exceptional cases.

(n) The BIA Social Service office shall make such reasonable rules and regulations as are necessary to carry out the purposes of this section.