Judical Code

i. Relatives.

Relatives mean relatives of the child within the second degree either by blood or affinity including step-parents, sisters, brothers, grandparents, aunts and uncles. Enrolled Tribal members who are relative of the

child shall be given preference in contested adoptions if the best interests of the child is not an issue between or among the parties.

j. Tribal Court.

Tribal Court means a Court of the Prairie Island Mdewakanton Dakota Community.

k. Tribe.

Tribe means the Prairie Island Mdewakanton Dakota Tribe, also known as Prairie Island Mdewakanton Sioux Tribe.

l. Parties.

Parties to adoption proceedings shall be designated as petitioner and respondent, if any. Petitioner(s) will be the person(s) wishing to adopt the children.

m. Indian Child Welfare Act.

Indian Child Welfare Act, or ICWA, means Pub. L. 95-608, 92 Stat. 3069, codified at 25 U.S.C. §1901 et seq.

Section 3. Jurisdiction.

The Tribal Court shall have original jurisdiction in adoption matters.

Section 4. Petition for adoption.

The petition for adoption shall be filed with the Tribal Court on a form prescribed by this Code. Appendix of Forms. It shall be verified under oath by the adoptive parent or parents, and shall contain the following:

a. The full name, the residence, date of birth, enrollment status and sex of the child. Documentary proof of the date and the place of the birth of the child to be adopted shall be provided in the form of a certified birth certificate, and shall be filed with the petition.

b. The full name, the residence, date and place of birth, Tribal enrollment, and occupation of the adoptive parent or parents. Documentary proof of the adoptive parents marital status shall be provided in the form of a certified marriage license or other recognition of a solemnized marriage, and shall be filed with the petition. If the adoptive parent or parents are unmarried, they shall so designate on the petition.

c. A full description and statement of value of all property owned or possessed by the child.

d. An agreement by the adopting parents that it is their desire that the relationship of parent and child be established between them and the child, and that is in the child's best interests.

e. A fully witnessed and notarized natural parent consent to the adoption (Appendix of Forms to this Code) or a Court order terminating the parent-child relationship with respect to any living parent who does not consent shall be provided, and shall be filed with the petition.

Any adult may file a petition in the Tribal Court to adopt a child who is enrollable or who is a tribal member whether or not such child is domiciled within the jurisdiction of the Tribal Court. In the case of married persons maintaining a home together, the petition shall be the joint petition of husband and wife except that if one of the spouses is the natural parent of the child to be adopted, the natural parent shall not be required to join in the petition. The natural parent spouse in a step-parent adoption shall file a consent pursuant to Section 8(a) herein. The adoptive applicants must be at least ten (10) years older than the child.

(1) An order of adoption granted to a petitioner who is not a member of the Tribe shall be expressly conditioned upon the petitioner making a commitment to the Court to make every effort to keep the child apprised of his or her tribal heritage and a commitment to raise the child insofar as possible to foster the child's tribal heritage.

(2) The Court may order the appropriate agency/office to monitor the adoptive placement to insure that the provisions of this section are being complied with.

(3) The Court may enter a custody order not to exceed six (6) months in order to determine the mandate herein to non-member adoptive parents is complied with.

(4) At the expiration of six (6) months from the entry of the interim order, the Court may enter its final adoption order and decree.