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About Smoke signals. (Grand Ronde, Or.) 19??-current | View Entire Issue (May 15, 2000)
MAY 15, 2000 9 Termination of parental rights In November of 1997, the federal legislature passed the Adoption and Safe Fami lies Act (ASFA). The intent of this law was to establish permanency for children in the foster care system within a reasonable period of time. The most significant aspect of this law requires that child protective service agencies that accept federal funding, (such as the Tribe's Indian Child Welfare Program), are mandated to file for a termination of parental rights, which would free children for adoption, if: 1. A child has been in foster care for 15 of the last 22 months; 2. If a court determines a child to be an abandoned infant; or 3. If a court determines that the parent has committed murder or voluntary manslaughter of another child of the parent, aided or abetted such a murder or manslaughter, or committed a felony assault that results in serious bodily in jury to the child or another child of the parent. ' Agencies are not mandated to file for termination of parental rights if one of the following exceptions apply: 1. The child is being cared for by relatives; 2. A state agency has documented in the case plan a compelling reason for determining that filing such a petition would not be in the best interest of a child; or 3. The agency has not provided the family with necessary services consistent with the case plan. Historically, most Tribes have voiced strong opposition to termination of paren tal rights. Tribes have stated that termination of parental rights goes against cultural values while placing Indian children at risk for loss of cultural and Tribal identity. The implementation of ASFA has forced Tribes to review their philoso phy on termination of parental rights. The Tribe's Indian Child Welfare Ordi nance gives the Court the ability to terminate parental rights only as a last re sort, and clearly states a preference for guardianship over adoption. The Indian Child Welfare Program, Tribal Attorney's Office and Tribal Council have had several meetings to discuss our Tribal philosophy. Out of those meetings the Tribal Council has approved a proposed policy which would amend the current Indian Child Welfare Ordinance on the issue of termination of parental rights. The following is a copy of the proposed policy: The Confederated Tribes of the Grand Ronde Community of Oregon will sup port a termination of parental rights if the child is in a Tribal or relative jalace-. ment, an adoptive resource is available, and one of the following circumstances exist: 1. The parent has committed murder of another child of the parent or the parent of the child; 2. The parent has committed voluntary manslaughter of another child of the parent or the child's parent; 3. The parent has aided or abetted to commit a murder of another child of the parent or the child's parent; 4. The parent has committed a felony assault that results in serious bodily injury to the child or another child of the parent; 5. The parent has subjected the child to extreme physical, sexual or emotional abuse. The Confederated Tribes of the Grand Ronde Community of Oregon may support a termination of parental rights if the child is in a Tribal or relative placement, and it is determined that doing so is in the best interest of the child. In determin ing the best interest of the child, the Indian Child Welfare Program shall consider the factors listed below. If a majority of the following factors are applicable to the case, termination shall be deemed to be in the child's best interest. 1. Abandonment of the minor. Abandonment may include, but is not be lim ited to, failure of the parent to maintain regular visitation or other contact with the child for a substantial period of time. 2. Emotional illness, mental illness or mental deficiency of the parent is of such duration or nature as to place the child's physical or mental health at risk. - - 3. Substantial history of drug and alcohol abuse while the child is in custody. 4. Imprisonment of a single parent for a period of three or more years while the child is in custody; or 5. An appropriate parent-child relationship does not exist. 6. The child has been in custody for a substantial amount of time. 7. The existence of non-Tribal siblings of the child. 8. Adoptive resources available for the child. 9. Any other factors the ICW Program deems relevant to make a determina tion regarding the best interest of the child. The definition of "relative" shall read as follows: "Any person eighteen years of age or older who is the child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, steppar ent, or anyone deemed by the ICW Program to be a psychological relative. The issue of termination is a very serious Tribal issue. Therefore, Tribal Coun cil and the ICW Program respectfully request your input. Your input is very important in helping us determine what policy we will put forth as our response to this new legislation. Please send your comments or questions to Angela Fasana, Tribal Attorney's Office or Dana Leno, Indian Child Welfare Program, 9615 Grand Ronde Rd., Grand Ronde, OR 97347. COMMENTS MUST BE RECEIVED BY JUNE 16, 2000. Tribal Corporations Ordinance The Tribal Council, in consultation with the Tribal Attorney's office, has proposed adoption of a Tribal Corporations Ordinance. The first reading of the proposed Tribal Corporations Ordinance was presented at the April 19, 2000, Tribal Council meeting. The purpose of the Ordinance is to set forth policies and procedures for the governance of governmental corporations chartered under Tribal law (i.e., Spirit Mountain Development Corporation and Spirit Mountain Gaming, Inc. Among other things, the Ordinance does the following: Establishes procedures for creation of Tribal corporations under Tribal law. Defines duties and rights of corporate shareholders, directors and offic ers. Sets forth the purposes and powers of Tribal corporations. Sets forth corporate privileges, including sovereign immunity. Provides dispute resolution process and jurisdiction to Tribal Court to hear certain matters. Provides procedures for amendment of corporate bylaws and articles of incorporation, corporate merger, sale of corporate assets and dissolution of Tribal corporations. - Provides that the Ordinance is applicable to Tribal corporations exist ing before enactment of the Ordinance and sets forth a time for all previ ously existing Tribal corporations to amend articles and bylaws inconsis tent with the Ordinance. For a copy of the proposed Ordinance amendments please contact the Tribal Attorney's office at (503) 879-2265. The Tribal Council invites comment on the proposed new Ordinance. Please send your comments to the Tribal Attorney's Office, 9615 Grand Ronde Rd., Grand Ronde, OR 97347. COMMENTS MUST BE RECEIVED BY JUNE 15, 2000. Tribal Ethical Standards Ordinance The Tribal Council, in consultation with the Tribal Attorney's office, has proposed several amendments to the Tribal Ethical Standards Ordinance. The first reading of the amendments to the Tribal Court Ordinance was presented at the May 3, 2000 Tribal Council meeting. The purpose of the amendments is to make technical corrections to various provisions of the Ordinance and to make necessary substantive changes to the Ordinance to provide effective procedures for investigation, hearing and appeal of ethics claims against Tribal officials and employees. The numer ous substantive changes include, but are not limited to, providing a process for determining violations of the prohibitions under the Ordinance by Tribal officials including appointment, by Tribal Council, of an independent Hear ings Officer to investigate claims, conduct hearings, make determinations on violations and recommend appropriate sanctions. The amendment also provides that if an allegation of unethical conduct on the part of an official is found to have been submitted for purposes of harass ment or for other improper purposes, or is completely without merit, the per son bringing the complaint shall be liable for and shall pay to the official against whom such allegation is made the reasonable costs, including attor neys fees, associated with defending against such allegation and shall also be liable to the Tribe for the costs of the Hearings Officer. The amendment also clarifies standards of conduct and conflicts of interest provisions and provides a process for determining violations under the Ordi nance by Tribal employees. The Tribal Council believes amendment of this Ordinance will assist the Tribe in continuing to provide efficient governance of the conduct of Tribal officials and employees. For a copy of the proposed Ordinance amendments please contact the Tribal Attorney's office at (503) 879-2265. Tribal Council invites comment on the proposed amendments. Please send your comments to the Tribal Attorney's Office, 9615 Grand Ronde Road, Grand Ronde, OR 97347. COMMENTS MUST BE RECEIVED BY JUNE 15, 2000. )MM SMOKE SIGNALS is available to anyone at no cost. . Fill out this form with your name and address, mail to: Smoke Signals, Attn: Justin Phillips 9615 Grand Ronde Road Grand Ronde, OR 97347 OLD ADDRESS: NEW ADDRESS: GRAND RONDE ROLL :
