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(a) To initiate a Yurok family law guardianship, petitioner must file with Yurok Tribal Court. A Yurok family law guardianship can be petitioned by a relative or other person on behalf of the child. A Yurok family law guardianship cannot be initiated by the Tribe, including the Yurok Department of Social Services.

(1) The child must be residing with petitioner at the time petitioner files for a Yurok family law guardianship and/or the parent/Indian custodian/legal guardian must be prepared to place said child with the petitioner upon the granting of the petition.

(2) Yurok family law guardianships are for children under the age of 18 but may be extended to adult dependents in the Court’s discretion, if warranted by the facts.

(3) If the Yurok family law guardianship petition involves allegations of parental neglect or abuse or inabilities based on behavior that could result in said allegations the Yurok Tribal Court must refer the case to Yurok Department of Social Services (YSS) or other agency for assessment. All Yurok family law guardianship proceedings shall be suspended until YSS or other agency investigates and reports back to the Court. If YSS or other agency determines not to act, the Yurok family law guardianship proceedings may then continue.

(4) If the parents voluntarily agree to a Yurok family law guardianship, whatever the allegations against them, the Yurok Tribal Court may grant a Yurok Family Guardianship and the parents forfeit any right to challenge the guardianship order on the basis that the Yurok Tribal Court failed to make a YSS referral.

(b) If a parent contests the Yurok family law guardianship, the Court may order Yurok Department of Social Services (YSS) or other agency to conduct a full investigation of all parties. The Court may also order the YSS or other agency to conduct an investigation into the appropriateness of a parent having custody of the child. Reports of these investigations are confidential and are provided to the Court for the judicial officer’s consideration.

(c) Petitioner is responsible for satisfying the notice requirements of this chapter.

(1) Notice shall be provided to all necessary parties at least 10 business days prior to hearing. Necessary parties shall include: parent, if any, Indian custodian, if any, legal guardian, if any, all known previous adult supervisors, and any person who has requested and been granted special notice by the Tribal Court. The parent or Indian custodian can request up to 20 additional days to prepare for the proceeding upon written request to the Tribal Court.

(A) If the party to be served is an enrolled member of the Yurok Tribe, petitioner may notice the party through the address on file at the Yurok Enrollment Department. If the petitioner does not have the party’s address or it is known by the petitioner that the address is outdated or incorrect, the petitioner must request a notice by publication in the Yurok newsletter. Notice must be posted in one edition of the Yurok newsletter. The notice date is the date of publication date of the Yurok newsletter.

(B) If the party to be served is not an enrolled member of the Yurok Tribe, petitioner may notice the party through the last known address. If the petitioner does not have the party’s address or it is known by the petitioner that the address is outdated or incorrect, the petitioner must request a notice by publication in a paper of general circulation in the county of last known residence for at least two consecutive Sundays.

(C) If the birth father is listed as blank or unknown, the Court shall hold a prove up hearing to determine what type of notice is proper in the case.

(2) Notice shall include name of child, birthdate of child, copy of enrollment status of child from the Yurok Enrollment Department, copy of the petition, location, mailing address, and telephone number of the Tribal Court, and date and time of the hearing.

(3) Petitioner shall mail a notice of the hearing and a copy of the petition at least 10 days prior to the hearing to the Tribal agency designated to investigate guardianships to the Court.

(d) Unless waived by Yurok Tribal Court, a court investigator or Tribal agency designated to investigate potential dependency shall make an investigation and file with the Yurok Tribal Court a report and recommendation concerning each of the proposed guardians. Prior to ruling on the petition for guardianship, the court shall read and consider all reports submitted pursuant to this chapter. All reports authorized by this chapter are confidential and shall only be made available to persons who have been served in the proceedings or their attorneys. The court investigator or Tribal agency designated to investigate potential dependency shall serve all parties a copy of the confidential report as expeditiously as possible. For purpose of writing a report authorized by this chapter, the person making the investigation and report shall have access to the child’s school records, probation records, and public and private social services records, and to an oral or written summary of the child’s medical records and psychological records prepared by any physician, psychologist, or psychiatrist who made or who is maintaining those records. The report for Yurok family law guardianship shall include, but not be limited to, an investigation and discussion of all of the following:

(1) Social history of guardian;

(2) Social history of the child, including, to the extent feasible, an assessment of any identified developmental, emotional, or psychological needs of the child and the capability of the petitioner to meet those needs;

(3) The relationship of the child to the guardian, including duration and character of relationship;

(4) The anticipated duration of the guardianship and the plans of both natural parents and the proposed guardian for the stable and permanent home for the child.

(e) The Court shall make findings consistent with this chapter and grant a Yurok family law guardianship where petitioner has proven that it is necessary or convenient and in the best interest of the child to appoint petitioner as guardian of the child.

(f) Upon granting a Yurok family law guardianship, the Tribal Court will hold review hearings, at minimum, every six months. The guardian shall provide to the court a status report. The Court shall develop a form for the status report.

(g) There may be a situation where a child in a long-term Yurok family law guardianship may be defined as a child in need of aid (CINA) under YTC Title 12, Children’s Code, as amended. A qualifying petitioner may petition the Yurok Tribal Court for termination of parental rights under the Yurok Children’s Code, YTC Title 12, if the child is defined as a CINA.

(h) At any time, a parent may file a petition to terminate the family law guardianship. The court shall order an investigation at that time. The guardian and the parents may agree to mutually terminate the guardianship but the court must legally make the order for termination. The guardian may wish to terminate their responsibility of the minor but there must be an appropriate adult to take over the care and custody of the minor or the minor may be placed in protective custody. The Court may grant termination upon a showing that the family law guardianship is no longer necessary or convenient and/or that termination of the guardianship is in the best interest of the child.

(i) The guardianship shall automatically terminate when the minor reaches the age of 18, is adopted, marries, is emancipated by Court order, enters military service, or dies. If the child is adopted through a Tribal customary adoption, the family law guardianship shall terminate effective the date of the Tribal Court Order. [Ord. 50 § 14.3, adopted, 3/23/2017.]