12.45.030 Grounds for granting petition to terminate parental rights.
Before granting any termination of parental rights, Yurok Social Services must ensure the child is officially enrolled in the Yurok Tribe. The Court shall make a determination that it is in the best of interests of the child to grant a petition to terminate parental rights and all the following grounds must be met before granting:
(a) Failure to reunify despite the provision of active efforts on the part of YSS;
(b) There was a judicial determination by Tribal Court or another court of competent jurisdiction that the parent is guilty of aggravated circumstances as defined in YTC 12.05.040 which excused the implementation of reunification services; and
(c) The Court finds specific circumstances of each individual case that the child cannot safety be returned home because of the risk of harm by the parent or the inability of the parent to provide for the child’s basic needs;
(d) The Court finds it is in the best interest of the child;
(e) In the case of termination of the rights of both parents, a protective parent as defined in YTC 12.05.040 is available and willing to accept such appointment on behalf of the child; and
(f) There is a method to maintain the child’s connection to family, culture, community and Tribal enrollment status, [Ord. 46A § 1803, adopted, 3/24/2016.]