6.20.50 Adoption Hearing | Aleut Tribal Code

6.20.50 Adoption Hearing.

(a) Adoption hearings shall be closed. Persons shall only be admitted into hearings if the Tribal Court finds such persons have a legitimate interest in the case. The petitioner and both biological parents, if applicable, must attend the hearing. Any child ten (10) years age or older should also attend the hearing, unless the Judge finds good reason for the child not to be present.

(b) The Tribal Court may grant or deny the adoption after a finding of the following:

(1) Whether the required consents were filed or excused;

(2) Whether the petitioner is capable of financially providing for the child;

(3) Whether a preadoption report was required, and if so, whether the report is accepted by the Court;

(4) Whether the adoption is in the best interests of the child, according to subsection (c) of this section; and

(5) Whether visitation rights will be allowed or whether other privileges or rights will be granted to the parent giving up parental rights.

(1) The physical, emotional, mental, religious, cultural, and social needs of the child;

(2) The capability and desire of the petitioner to meet these needs;

(3) The child’s preference, if the child is of sufficient age and capacity to form a preference;

(4) The love and affection existing between the child and the petitioner;

(5) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;

(6) The stability of the marriage of the petitioner, if married;

(7) The relationship between the child and the parent giving up parental rights;

(8) Any evidence of domestic violence, child abuse, or child neglect in the petitioner’s household;

(9) Evidence of substance abuse by the petitioner or other members of the household that directly affects the emotional or physical well-being of the child; and

(10) Other factors that the Court considers pertinent.

(d) The Court may enter a Decree of Adoption if it is satisfied that the best interests of the child will be promoted by the adoption.

(e) If the Court is not satisfied that the adoption will not be in the best interests of the child, the petition shall be denied and the child’s other parent, guardian, or custodian instructed to arrange suitable care for the child.

(f) The Court may continue the hearing to permit further investigation, observation, or consideration of any facts or circumstances affecting the granting of the petition.

(g) The Court shall make every effort, consistent with the best interests of the child, to adhere to the following priorities of the adoptive families considered:

(1) Extended family members;

(2) Tribal members of the child’s tribe;

(3) Other Alaska Native or Native Americans; and

(4) Non-Natives who are sensitive to and willing to encourage and maintain the child’s cultural heritage and contact with the child’s tribe.

(h) The Court shall give preference to making the adoption open to avoid permanently depriving the child of connection to, or knowledge of, the child’s biological family, unless requested otherwise by the petitioner and granted by the Court. Under an open adoption, the parents and members of the child’s biological extended family shall have a right of reasonable visitation and communication with the child, unless requested otherwise by the petitioner or consenting parent(s) and granted by the Court. [Res. 2012-58; 2008 Code § 6.4.5]