12.45.020 Election to not file.
YSS may elect not to file a petition or join a petition or terminate parental rights if:
(a) At the option of YSS, the child is being cared for by a relative;
(b) YSS has documented in the case plan (which shall be available for court review) a compelling reason for determining that filing such a petition would not be in the best interests of the child. Compelling reasons might include, but are not limited to:
(1) Maintaining a connection between the parent, extended family, and community is in the best interest of the child;
(2) A traditional adoption is in the best interest of the child; or
(3) Grounds for termination do not exist.
(c) The Tribe has not provided to the family of the child, consistent with the time period in the case plan, such services as the Tribe deems necessary for the safe return of the child to the child’s home, if active efforts are required to be made with respect to the child
(d) Where subsection (a) of this section applies, the Office of the Tribal Attorney, or other designated official, shall file a petition to terminate the parental rights of the child’s parent(s) (or, if such a petition has been filed by another party, seek to be joined as a party to the petition), and, concurrently, to identify, recruit, process, and approve a qualified family for an adoption pursuant to the provisions of the adoption and protective parent definitions in YTC 12.05.040. [Ord. 46A § 1802, adopted, 3/24/2016.]