This court has the authority to establish a traditional adoption or an adoption with termination of parental rights as follows:
(a) Traditional adoptions are adoptions which do not include a termination of parental rights. The biological parent(s) responsibilities, including child support obligations shall be terminated.
(1) A protective parent shall be named pending the finalization of the adoption. The protective parent(s), when the adoption is finalized, shall permanently have all of the rights and responsibilities of the biological parent(s). The biological parent(s) shall maintain their identity as biological parent(s) and the relationship of the child shall be maintained with the extended family of the biological parent(s). The child shall continue to retain all rights of enrollment and inheritance that stem from the biological parent(s) and family.
(b) Adoptions with termination of parental rights entered into pursuant to the provisions of the adoption and protective parent definitions in YTC 12.05.040;
(1) A protective parent(s) shall be named when this court has terminated the parental rights and responsibilities of a parent pending the finalization of the adoption. Protective parent status will be found by the court when the court determines, in the best interests of the minor, that the proposed prospective parent should be granted this status. The protective parent shall permanently have all the rights and responsibilities of the biological parents when the adoption is finalized. The child shall continue to retain all rights of enrollment and inheritance that stem from the biological parent(s) and family.
(c) Where this court is considering the granting of an adoption, the court may establish a protective parent relationship, pending the finalization of the adoption.
(d) The Court will use the following to determine whether to establish the legal relationship of adoption as described above. The factors to be considered in the determination on whether to grant the adoption shall include, but not be limited to, the following:
(1) Failure to reunify despite the provision of active efforts on the part of YSS;
(2) A judicial determination by Tribal Court or another court of competent jurisdiction that the parent is guilty of aggravated circumstances under YTC 12.05.040, which excused the implementation of reunification services;
(3) The Court finds specific circumstances of each individual case that the child cannot safely 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;
(4) There is a method to maintain the child’s connection to family, culture, community and Tribal enrollment status;
(5) The Court finds it is in the best interest of the child; and
(6) A “protective parent” is available and willing to accept such appointment on behalf of the child; or
(e) When considering an Adoptions and prior to the finalization of an Adoption, the child shall be evaluated for eligibility for the Adoption Assistance Program (AAP). The AAP removes or reduces barriers to the adoption of children who otherwise would not achieve permanency, in that the program provides necessary financial assistance to families who are willing and able to assume parental responsibility for children but are preventing from doing so by inadequate financial resources. Requirements for the implementation of this section shall be specified by the YSS in the Indian Child Welfare Policies and Procedures Manual.
(f) Order of Adoption. Following a hearing in which the Tribal Court determines that the petition for adoption should be granted, the Court shall issue an order entering an order of adoption. The order shall address the following:
(1) That the child is eligible and suitable for adoption and that the adoptive parent (or protective parent) is capable of providing proper care for the child;
(2) Right and liabilities of the natural parents (including inheritance and enrollment);
(3) Visitation, if any, of the parties or others;
(4) Cultural and Tribal connections that will be preserved under the adoption;
(5) Where the adoption includes a signed agreement between the adoptive parent(s) (or protective parent) and the biological parent(s), the Court shall incorporate the agreement into its Order to provide judicial review in the event of noncompliance;
(6) That the Court will facilitate the change of the child’s last name to that of the adoptive parent (or the protective parent) if it finds that it is in the best interest of the minor to change the last name. The Court will take into consideration the preference of the minor, if appropriate, in determining whether to change the child’s last name;
(7) That the child is entitled to the same rights as a biological child of the adoptive parents (or the protective parent);
(8) That the adoptive parents (or protective parent(s)) have no authority to relinquish the child’s membership in the Yurok Tribe;
(9) The effective date of the order of adoption; and
(10) That an order of adoption has been prepared and will be provided by the Court to the California Department of Public Health Vital Records.
(g) Changes to Birth Certificate Following Adoption. The Court will issue an order of adoption and the Court Clerk will coordinate the amendment of the minor’s birth certificate if necessary, according to the following procedures:
(1) The Court Clerk will issue a completed Court Report of Adoption Form to the state of California in order to facilitate a new birth certificate. Upon receipt of the Court Report of Adoption Form, the California Department of Public Health Vital Records will be able to issue the new birth certificate.
(2) The information provided in the Court Report of Adoption is used to locate and seal the original birth record of the adopted child and to prepare the new birth certificate. The Court Report of Adoption contains the child’s original birth name, sex, date and place of birth, physician’s or attendant’s name, and the natural parents’ names, as well as the child’s new name and information about the adoptive parents.
(3) Adoptive Birth Certificate. Within 10 days of the issuance of the order of adoption, the Court shall mail the Order of Adoption Form to the California Department of Public Health Vital Records. The Order of Adoption Form shall set forth the full name, sex, date and place of birth, and names of biological parents, in order that a new record of birth in the child’s new name and with the name of the adoptive parents may be recorded.
(h) This Court has the authority to give full faith and credit to adoptions granted under the laws of another tribe, state, or nation having jurisdiction over the parties and the subject matter including a California Tribal Customary Adoption granted pursuant to California Welfare and Institutions Code § 366.24. [Ord. 46A § 1804, adopted, 3/24/2016.]