(g) The Youth Court Judge may order such other actions which the Judge deems necessary.
6-3.12 Final Disposition Hearing on Indian Child. Notice of final disposition hearing shall be given in
accordance with Section 6-3.09.
(a) All parties may testify, and otherwise give evidence on their behalf regarding the circumstances
of the child and of the parents, custodians, or possible custodians of the children.
(b) The procedure and burden of proof of this hearing shall be as set forth in section 6-3.11.
(c) Provided, however, no termination of parental rights may be ordered in such proceeding in the
absence of a determination, supported by evidence beyond a reasonable doubt, including
testimony of qualified expert witnesses, that the continued custody of the child by the parent is
likely to result in serious emotional or physical damage to the child.
(d) In addition, the Court may order any of the following dispositions or other appropriate
dispositions:
(1) Temporarily suspending parental rights for a specified or indefinite period of time, placing
the child's legal custody for such period with the Tribe and the physical custody of the child
with an extended family member, foster home, shelter care home, or other appropriate
person or facility.
(2) Terminate those parental rights and place the child with an appropriate custodian.
(e) In any of the above situations where the parental rights have been suspended or terminated,
but the child has not been adopted, the child shall be considered a protected child of the Youth
Court.
6-3.13 Preservation of Tribal Rights of an Indian Child. The termination of parental rights of an Indian child
shall not adversely affect the child's rights and privileges as an Indian, nor as a member of any Tribe to
which the child is entitled to membership, nor shall it effect the child's enrollment status with the child's
Tribe.
Section 6-4 Appointment of Custodian
6-4.01 Appointment of Custodian of Child. The Spokane Tribal Youth Court has the authority to appoint a
custodian for a child whose parents or existing custodian has been deprived of temporary or permanent
custody of such child and the child has not been adopted or placed with some other individual or institution
making the appointment of a custodian unnecessary.
(a) A custodian may also be appointed in other cases where the parent or custodian has not had
such custody terminated, but only if the parent or the custodian consents to such appointment.
(b) Formal Custodianship. A formal custodianship shall be created upon petition and by order of the
court.
(1) Petition. The process for creation of a custodianship shall be initiated by the filing of a
petition. The petition shall be on behalf of the child needing such custodianship. The
petition shall contain the following information:
A. The name, age, and residence of each living parent of the child;
B. The name, age, and residence of the child;
C. The name, age, and residence of the proposed custodian or custodians;
D. The jurisdictional basis of the Tribal Court;
E. A statement of the facts indicating that the custodianship is in the best interest of the
child;
F. The duration of the proposed custodianship;
G. Whether the custodianship is consented to by each living parent of the child, and if not,
any facts requiring such custodianship without the consent of the parent or custodian.
H. A full statement of the value of any property of the child's, or of which the child is
expected to become entitled to during the custodianship.
(2) Consent. The written consent of each parent consenting to the custodianship will be filed
with the petition. Such consent shall be executed before an adult witness. Such consents
shall not be invalidated by reasons of the minority of the consenting parent.
60
Revised Spokane Law & Order Code, 5/14/2013