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.
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. Fill out this form with your name and address, mail to:
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9615 Grand Ronde Road Grand Ronde, OR 97347
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