Smoke signals., June 01, 2000, Page 13, Image 13

JUNE 1, 2000
13
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Termination of parental rights
In November of 1997, the federal legislature passed the Adoption and Safe Families 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 injury 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 excep
tions 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 parental 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 philosophy on termination of parental rights. The Tribe's Indian Child Welfare Ordinance
gives the Court the ability to terminate parental rights only as a last resort, 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 support a termination of
parental rights if the child is in a Tribal or relative placement, 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 determining 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 limited 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 determination 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, stepparent, or anyone deemed by the ICW Program to be a psycho
logical relative.
The issue of termination is a very serious Tribal issue. Therefore, Tribal Council 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.
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 :
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 pre
sented at the April 19, 2000, Tribal Council meeting.
The purpose of the Ordinance is to set forth policies and procedures for the governance of govern
mental 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 officers.
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 existing before enactment of the
Ordinance and sets forth a time for all previously existing Tribal corporations to amend articles and
bylaws inconsistent 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 amend
ments 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 Ordi
nance 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
numerous 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 Hearings Officer to investigate claims, conduct hearings, make determina
tions 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 harassment or for other improper purposes, or is
completely without merit, the person bringing the complaint shall be liable for and shall pay to the official
against whom such allegation is made the reasonable costs, including attorneys 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 Ordinance 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.
Case No.: C-00-03-001 DECREE CHANGING NAME
In the Matter of: CLARK
Rene Clark, Petitioner
Based on the allegations set forth in the petition for change of name filed by the
petitioner in the above entitled case and its supporting affidavit, THE COURT
FINDS:
1. The petitioner is over 18 years of age;
2. The petitioner is an enrolled member of the Confederated Tribes of the Grand
Ronde Community of Oregon;
3. The petitioner has not petitioned and been granted a change of name by the Tribal
Court within the past twelve (12) months;
4. All persons entitled to notice have been properly served with a copy of the Notice for
Name Change, and;
5. No objection to the petition has been filed by any creditor or former spouse of the
petitioner.
Based on the foregoing findings THE COURT DECREES:
1. That the name of the petitioner be changed from Rene Marlene Clark to RENE
MARLENE PICHETTE;
2. That the Clerk of the Tribal Court shall cause a copy of this order to be published
in the Tribal Newspaper;
3. That the Clerk of the Tribal Court shall submit a certified copy of this order to the
Tribal Enrollment office;
4. That the petitioner shall surrender all old Tribal Identification cards bearing
petitioner's former name to the Tribal Enrollment office prior to the Enrollment office
issuing petitioner new Tribal Identification cards bearing the petitioner's new name;
5. That within sixty (60) days from the date of this order the Tribal Enrollment staff
and if necessary the Tribal Enrollment Committee shall cause new Tribal Identifica
tion cards to be issued to petitioner showing the new name of the Tribal member and
shall change the official membership roll and all official enrollment records of the
Tribe to reflect the petitioner's new name as stated in this Decree;
6. That the Oregon Department of Vital Statistics is authorized to issue a new birth
certificate to petitioner in such form as to indicate that her name is Rene Marlene
Pichette.
Dated this 4th day of May, 2000.
Is Katharine English, Chief Tribal Court Judge