Title
AN ACT REPEALING TITLE 10 OF THE CHEROKEE NATION CODE ANNOTATED CHAPTER 51, SECTION 1130(D)
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification
This act shall be known as the ________________________ and codified as _____________ (Title) ___________ (Section) ______________ of the Cherokee Nation Code Annotated.
Section 2. Purpose
The purpose of this Act is to repeal in its entirety Title 10 of the Cherokee Nation Code Annotated Chapter 51, Section 1130(D). This provision was copied from state law and was changed by the State several years ago. The ability of one parent to terminate the parental righs of the other parent conflicts with the purpose of the Indian Child Welfare Act. Legal removal of a living parent should not be allowed unless another person is legally stepping into their place through adoption.
Section 3. Legislative History
Section 4. Definitions
Section 5. Substantive Provisions of Law
§ 1130. Termination of parental rights in certain situations
A. The finding that a child is delinquent, in need of supervision or deprived shall not deprive the parents of the child of their parental rights, but a Court may terminate the rights of a parent to a child in the following situations:
1. Upon a written consent of a parent, including a parent who is a minor, acknowledged as provided in 10 CNCA § 60.5(4), who desires to terminate his parental rights; provided that theCourt finds that such termination is in the best interests of the child; or
2. A finding that a parent who is entitled to custody of the child has abandoned it; or
3. A finding that:
a. the child is deprived, as defined in this chapter, and
b. such condition is caused by or contributed to by acts or omissions of his parent, and
c. termination of parental rights is in the best interests of the child, and
d. the parent has failed to show that the condition which led to the making of said finding has not been corrected ...
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