6.15.50 Termination Hearing.
(a) Termination hearings shall be closed. Persons other than the parties shall only be admitted into hearings if the Tribal Court finds such persons have a legitimate interest in the case.
(b) Without further findings and based solely on the findings and recommendations of the pretermination report, the Tribal Court may terminate the parental rights of:
(1) A parent who gives consent in accordance with ATC 6.15.40; or
(2) A father whose name does not appear on the birth certificate and who has not acknowledged or established paternity; provided, however, that identified putative fathers are given notice of the proceeding at least thirty (30) days prior to any action taken by the Court.
(c) The Tribal Court may terminate parental rights of a parent subsequent to a finding that the parent has abandoned the child. A presumption exists that the parental relationship has been broken if the parent has not contacted or financially supported the child for twelve (12) consecutive months or has only had marginal contacts in twenty-four (24) of the most recent forty-eight (48) months. The burden shall be on the parent to prove the parental relationship has not been broken.
(d) The Tribal Court may terminate the parental rights of a parent subsequent to a finding that the child is in need of protection in accordance with Chapter 6.10 ATC, and which is supported by clear and convincing evidence of the following:
(1) The Court has entered an order stating what the parent was required to accomplish in order to have the child returned, but the parent has failed within the time required by the court order to accomplish those requirements;
(2) There is substantial probability of future abuse or neglect if the child were returned to the parent;
(3) The conditions which cause the child to meet the definition of a child in need of protection under Chapter 6.10 ATC are unlikely to improve within the ordered time frame; and
(4) Under no reasonable circumstance can the welfare of the child be served by the continuation of the parent-child relationship and that termination of parental rights will be in the child’s best interest.
(e) The Court may terminate the parental rights of a parent as part of the adoption by the child’s stepparent or as part of the adoption by a guardian or custodian, if the Court finds that:
(1) The parent has abandoned the child as described in subsection (c) of this section; or
(2) The parent giving up parental rights gives consent in accordance with ATC 6.15.40. [Res. 2012-57; 2008 Code § 6.3.3(2)]