Judical Code

Section 9. Investigation report.

Within five (5) days after the filing of a petition for adoption, the Court shall request the assistance of the Tribal agency, the Bureau of Indian Affairs Branch, an agent of the State, a private court services business, or a probation officer where participating in the supervision of custody of the child to inquire into, investigate and report, in writing, to the Court within thirty (30) days as to the suitability of the child for adoption, the financial ability, moral and physical fitness and general background of the adoptive home and of the adoptive parent or parents, and to make recommendations on the proposed adoption.

Section 10. Hearing on adoption.

Within five (5) days after the written report required by Section Nine (9) is filed, the Court shall fix a time for hearing on the petition for adoption which shall not be sooner than 30 days nor later than 45 days. The adoptive parent or parents and adoptive child shall appear personally at the hearing. All other persons

whose consent is necessary to the adoption shall be duly notified, unless notice is waived, and may appear or be represented by a person having power of attorney authorizing such person to represent them for the purpose of the adoption.

The Court shall examine all persons appearing separately and if satisfied as to the suitability of the child for adoption, the validity of the consent to adoption, the financial ability and moral and physical fitness and responsibility of the adoptive parents, and that the best interests of the child will be promoted by the adoption, may enter a final decree of adoption in the case of a child who has been in the custody of the petitioners and provided for by them for more than three (3) months or may place the child in legal custody of the petitioners for a period of not less than six (6) months prior to entering a final decree of adoption, or if the Court is satisfied that the adoption petition will not be in the best interests of the child, the petition shall be denied and the guardian so instructed to arrange suitable care for the child and the Court may request agencies authorized to provide such services to assist in the placement and the care of the child.

Section 11. Report and final decree of adoption.

Within six (6) months after the child has been in the custody of the petitioner, the Tribal Court shall request a supplementary written report under the same procedures followed in Section Nine (9) of this Chapter as to the welfare of the child, the current situation and conditions of the adoptive home and the adoptive parents. If the Tribal Court is satisfied the interests of the child are best served by the proposed adoption, a final decree of adoption may be entered.

No final order may be entered by the Tribal Court until the child to be adopted has lived and resided for a period of at least three (3) months in the home of the adoptive parents. In any case where the Tribal Court finds that the best interests of the child will not be served by the adoption, a guardian of the child shall be appointed and suitable arrangements for the care of the child shall be made and the Tribal Court may request an appropriate Tribal, federal, or state agency authorized to provide such services to assist in the placement and the care of the child.

In order to protect the privacy interests of the natural parent or guardian consenting to an adoption, the final order for adoption shall clearly indicate if that person's identity shall be confidential pursuant to the designation on the consent form provided by and filed with the Tribal Court. If the person later changes his or her mind, he or she may move to the Court to amend that portion of the order by filing a motion with the Tribal Court.