Kenaitze Indian Tribe

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Kenaitze Indian Tribe
P.O. Box 988
Kenai, AK 99611
Phone: (907) 283-3633
Fax: (907) 283-3052

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Domestic Relations Code

Chapter 3: Voluntary Relinquishment and Involuntary Termination of Paretnal Rights

Section 1. Cases Where Parental Rights May be Terminated

Section 2. Findings Necessary for Termination of Parental Rights

Section 3. Procedure for Involuntary Termination of Parental Rights

  1. Petition
  2. Notice of Petition
  3. Hearing
  4. Decision of the Court

Section 4. Procedure for Voluntary Relinquishment of Parental Rights

  1. Requirements for a Valid Consent
  2. Parental Rights in Voluntarily Relinquishment Proceedings

Section 5. Effect of Relinquishment or Termination of Parental Rights

  1. In General
  2. Inheritance
  3. Extended Family
  4. Tribal Membership Status
  5. Waiver of Notice of Adoption Hearing

Section 1. Cases Where Parental Rights May be Terminated

Parental rights may be terminated in whole or in part in any case involving custody of a child, child protection, where a parent voluntarily consents to relinquish their parental rights, or in the case of an adoption.

Section 2. Findings Necessary for Termination of Parental Rights

The Court may terminate parental rights to a child only if it finds by clear and convincing evidence that:

  1. If the parental rights are not terminated, the continued legal and/or physical custody of the child by the parent is likely to result in serious emotional or physical damage to the child; or
  2. The child has been subjected by his or her parent(s) to sexual abuse; or
  3. The child has been abandoned.

Section 3. Procedure for Involuntary Termination of Parental Rights

  1. Petition: Persons or entities may file a Petition to use the Tribal Court form requesting that parental rights of a person to that child be terminated. The Petition shall contain the name, address and age of the child; the names and addresses of parents, any custodians of the child, and any other person or tribe with an interest in the child; the reason why the Petitioner believes that parental rights should be terminated; and any available written evidence to support termination of parental rights.
    1. Good Faith Requirement. A person must have good faith in filing a Petition for Termination of Parental Rights and must state with specificity why he or she believes there is good cause to terminate parental rights. No person shall use the Tribal Court's involuntary termination procedures as a vehicle for retaliation against a parent. In addition, a person may not file a Petition to terminate his or her own rights solely for the purpose of excusing his or her financial responsibilities to a child.
    2. Fine. If the Court finds that a person grossly misused this procedure, it may order the Petitioner to pay a fine not to exceed $100.
  2. Notice of Petition: The parent(s) against whom the Petition is filed shall immediately be served with a copy of the Petition. If possible, the parent shall be served with the petition by certified mail or by in-person delivery.
  3. Hearing
    1. Notice of Hearing: The Court shall schedule a hearing and provide a Notice of Hearing to the parties at least 30 days prior to the hearing. Notice shall be served by certified mail, restricted delivery or by personal delivery. If the Court is unable to serve the Notice of Hearing in person or by mail, the Court shall publish the Notice of Hearing in the local newspaper of the town where the parent was last known to reside. When giving notice by publication, the publication shall appear one time per week for at least four weeks. The hearing can be held no sooner than 30 days after the date of the last publication.
    2. Procedure: The following procedure shall be followed during a termination of parental rights hearing:
      1. Failure to Appear in Court: After reasonable notification has been given, the Court may proceed with the hearing even if parents, custodians, and/or guardians fail to appear in Court.
      2. Evidence: The parties have the right to present all evidence, written or otherwise, that is relevant to the issue of terminating their parental rights.
      3. Witnesses: The parent(s), custodian, and/or guardian shall have the right to call their own witnesses and to question witnesses called by any other party. Judges may question all witnesses.
      4. Advisors/Attorneys: The parents or custodians of the child have the right to have an Elder or other traditional advisor with them at the hearing. (See Kenaitze Tribal Court Code, Chapter 2, Section 23). The parents or custodians of the child also have the right to bring attorneys or other counsel with them to the hearing. The hiring and payment of counsel shall be the sole responsibility of the parent. (Please refer to Kenaitze Tribal Court Code, Chapter 2, Section 24 for further laws regarding Attorneys and Other Counsel).
  4. Decision of the Court: If, after reviewing the Petition and scheduling and holding a hearing in accordance with the procedures set forth above, the Court finds by clear and convincing evidence the conditions necessary to terminate the parental rights exist, it shall issue an Order terminating parental rights in whole or in part depending on what is in the best interest of the child. If the Court finds that the conditions necessary to terminate parental rights do not exist, it shall dismiss the petition to terminate parental rights.

Section 4. Procedure for Voluntary Relinquishment of Parental Rights

  1. Requirements for a Valid Consent. Any parent may voluntarily relinquish his or her parental rights to any minor child. However, no voluntary consent will be valid unless:
    1. The consent is given more than ten (10) days after the birth of the child;
    2. The consent is given in the presence of the Tribal Court and on the record, except that in some circumstances the Court may accept a relinquishment of parental rights telephonically; and
    3. In all cases, the parent(s) is fully informed of his or her rights as described in Section B, below, and the consequences of relinquishment on the Court record and he or she states on the record that they understand those rights and consequences.
  2. Parental Rights in Voluntary Relinquishment Proceedings. In all cases involving the voluntary relinquishment of parental rights, the Court shall inform the parent that they have the following rights:
    1. The right to be provided with an interpreter to explain the voluntary consent and its consequences;
    2. The right to withdraw the voluntary consent. A voluntary consent to the termination of parental rights may be withdrawn anytime within 10 days of giving voluntary consent. After 10 days, withdrawal may only be done with the Court's permission. The Court shall give permission only if it finds that it is in the best interest of the child, as stated in Chapter 1, Section 4 of this Code.

Section 5. Effect of Relinquishment or Termination of Parental Rights.

  1. In General. If a parent's rights are terminated, they no longer have any right to the child or any responsibility for that child and parental rights are completely severed, unless otherwise provided by the Court's Order. If the Court provides for anything less than completely terminated parental rights, the Court shall be very specific. For example, the Court may specifically allow parental participation in specific tribal ceremonies in relation to the child.
  2. Right to Inheritance. Nothing in this Chapter shall terminate the child's right to inheritance from their biological parent(s).
  3. Extended Family. Termination of parental rights shall not affect the child's relation to or relationship with their biological extended family members, unless the Court finds that it is in the child's best interest to do otherwise and specifies that in its Order.
  4. Tribal Membership Status. Termination of parental rights shall not affect the child's tribal membership status, nor the child's rights or privileges as an Alaska Native whether written or unwritten, nor shall it effect the jurisdiction of the Kenaitze Tribal Court over the child.
  5. Waiver of Notice of Adoption Hearings: Parents who voluntarily relinquish their parental rights or whose parental rights are terminated shall be deemed to have waived their right to notice of any adoption hearings involving the child, unless otherwise ordered by the Court.

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