Forms – Tribal Adoptions

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Presentation transcript:

Forms – Tribal Adoptions Rick A. Garcia, Esquire Director – AVCP Tribal Justice

Petition for Tribal Adoption * A Petition for Tribal Adoption should be used for all adoptions of Tribal children * The Tribe that has jurisdiction to decide adoptions is the Tribe where: 1. The child is currently enrolled, OR, 2. Where the child is eligible for enrollment Petition for Tribal Adoption

Petition for Tribal Adoption * Petition for adoption is normally filled out by the adopting parents * Adopting parents do not need to be Tribal Members to file in Tribal Court Petition for Tribal Adoption

Petition for Tribal Adoptions

Petition for Tribal Adoptions

NOTICE OF HEARING Notice of Hearing Legal document that advises parties of the date, time, and location of a court case hearing. Notice of hearing should be sent to all parties involved: (1) The Court Clerk, (2) The Plaintiff (petitioner), and (3) The Defendant (respondent)

NOTICE OF HEARING Notice of Hearing How soon should a hearing be scheduled? We want to ensure that a hearing is scheduled in enough time to give participants time to make accommodations with work, school, and family life

NOTICE OF HEARING Notice of Hearing Generally, 14 calendar days from the date that the Notice of Hearing is mailed is considered “reasonable” time for a hearing. For example, if a Notice of Hearing is being sent on October 1st, the ideal hearing date would be after October 15th.

Notice of Hearing

CONSENT TO ADOPT Consent to Adopt In cases of a Tribal Adoption where parents are consenting to the adoption: 1. A Petition for Tribal Adoption should still be completed and filed 2. The Consent to Adopt should be completed and signed in the presence of a Judge at the hearing CONSENT TO ADOPT

Consent to Adopt

Consent to Adopt

Order of Adoption The order of adoption should be used when an adoption is granted by the Tribal Court. Order of Adoption

Order of Adoption

Order of Adoption

Petition for Domestic Violence Protection Emergency Protection Orders (ex parte) Emergency protection orders are short-term protective orders given to victims for a short-period of time (up to 20 days). Emergency protection orders do not require notice to the offender (respondent) and may be issued without notice (due process considerations are waived due to exigency of circumstances) However, if an emergency protective order is granted, a hearing that provides all parties due process and an opportunity to be heard must be held prior to the entry of a long-term or permanent order of protection Petition for Domestic Violence Protection

CERTIFICATE OF SERVICE Certificate of Service Certificate of Service is filled out by the Court Clerk when mailing documents to all parties in the case. Certificate of service ALWAYS should accompany notices, orders, or other court documents to prove service was completed

CERTIFICATE OF SERVICE

STATEMENT OF MAILING Statement of Mailing Similar to a Certificate of Service Used by the Tribal Court Clerk to record that documents were sent to parties to a case

STATEMENT OF MAILING

POST ADOPTION PROCEDURES Tribal Court order of adoption should be distributed to all parties with a Certificate of Mailing Original signed order and State of Alaska Birth Certificate request form should be forwarded to State of Alaska Vital Statistics for processing

Post Adoption Procedures

State of Alaska Birth Certificate Request Form

State of Alaska Birth Certificate Request Form

POST ADOPTION PROCEDURES Post Adoption Procedures State of Alaska Vital Statistics will take requests via email, fax, walk-in (Juneau/Anchorage offices), or by regular mail

Questions? Questions?