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To terminate parental rights on an Indian child, the evidence must show, beyond a reasonable doubt, that continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. The tribe must be notified of the pending legal proceedings.
In either case, the individual or entity seeking the termination of a parent's rights must file a petition with the court that sets forth the reasons why parental rights should be terminated. Parental rights can be terminated by the parent executing a specific document in front of witnesses and a notary.
The custodial parent, the child's guardian or a family member can petition the court to terminate the noncustodial parent's parental rights. They must show evidence that there are grounds for termination (unless the termination is voluntary) and that it would be in the child's best interest.
Where any parent or Indian custodian voluntarily consents to a foster care placement or to termination of parental rights, such consent shall not be valid unless executed in writing and recorded before a judge of a court of competent jurisdiction and accompanied by the presiding judge's certificate that the terms and ...
The termination action seeks to permanently end the legal rights of one or both of the natural parents of a child. This ends the parent-child relationship. In certain cases, a parent will agree and voluntarily relinquish their parental rights. Either outcome will "free" the child for adoption.