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Ponca Tribe of Nebraska Tribal Code

TITLE IV DOMESTIC RELATIONS

CHAPTER 8 ADOPTION OF CHILDREN
Section 4-8-1. Adoption of Illegitimate Child by Acknowledgement and Conduct of Father; Legitimation from Birth
Section 4-8-2. Father of Illegitimate Child Not Entitled to Notice Unless Acknowledged
Section 4-8-3. Adoption of Minor Child Permitted 
Section 4-8-3(a). Preference
Section 4-8-4. Consent of Spouse Required for Adoption
Section 4-8-5. Consent of Child’s Parents Required for Adoption; Judicial Waiver of Consent 
Section 4-8-6. Consent of Child Over Twelve Required 
Section 4-8-7. Joinder of Proceedings as to Two or More children-Separate Orders Required
Section 4-8-8. Period of Residence in Home Required Before Petition is Granted 
Section 4-8-9. Home Study Report by Licensed Child Placement Agency, Department of Social Services or Certified Independent Social Worker Required; Violation as Misdemeanor 
Section 4-8-10. Time of Hearing on Petition Fixed; Investigation Ordered by Court 
Section 4-8-11. Notice to Department of Social Services; Investigations and Recommendations of Department; Appearance by Department 
Section 4-8-12. Appearance at Hearing and Execution of Consent and Agreement by Parties; Appearance by Attorney, Guardian or Agent; Appearance by Department 
Section 4-8-13. Examination of Witnesses and Investigations by Court; Order of Adoption; Contents 
Section 4-8-14. Restrictions on Access to Court Records in Adoption Proceedings; Court Order Required for Disclosure of Information; Notice of Hearing to Department or Adoption Agency; Disclosure Not Contested Nor Supported
Section 4-8-15. Confidentiality of Records 
Section 4-8-16. Non-Identifying Information; Release to Adoptive Parent or Adoptee 
Section 4-8-17. Change of Name by Adopted Child; Relationship with Adoptive Parents
Section 4-8-18. Rights and Duties of Natural Parents Terminated on Adoption; Exception on Adoption of Stepchild
Section 4-8-19. Finality of Adoption Order

PTN Code § 4-8-1
Section 4-8-1. Adoption of Illegitimate Child by Acknowledgement and Conduct of Father; Legitimation from Birth

The father of an illegitimate child by publicly acknowledging it as his own, receiving it as such into his family, with the consent of his wife if he is married and otherwise treating it as if it were a legitimate child, thereby adopts it as such, and such child is thereupon deemed for all purposes legitimate from the time of its birth. The other provisions of law relating to adoption shall not apply in such case.

Ponca Tribe of Nebraska Code § 4-8-1, PTN Code § 4-8-1

 PTN Code § 4-8-2
Section 4-8-2. Father of Illegitimate Child Not Entitled to Notice Unless Acknowledged

Notwithstanding any other provision of law or court rule, the father of an illegitimate child shall, as a requirement of due process, have no rights to the service of process in adoption, dependency, delinquency, or termination of parental rights proceedings unless he is known and identified by the mother or unless he, prior to the entry of a final order, in any of the three (3) proceedings, shall have acknowledged the child as his own by affirmatively asserting paternity, within sixty (60) days after the birth of the child,

1. As outlined in Section 4-8-1; or

2. By causing his name to be affixed to the birth certificate; or

3. Otherwise by commencing a judicial proceedings claiming a parental right.

Ponca Tribe of Nebraska Code § 4-8-2, PTN Code § 4-8-2

PTN Code § 4-8-3
Section 4-8-3. Adoption of Minor Child Permitted

Any minor child within territorial jurisdiction of the Ponca Tribe may be adopted by any adult person in the cases and in the manner prescribed by law. The Tribal Court has jurisdiction to hear, try and determine all matters relative to the adoption of children. The Tribal Court has original and exclusive jurisdiction in all matters of adoption involving children who are members of the Tribe.

The person adopting the child must be at least ten (10) years older than the person adopted.

Ponca Tribe of Nebraska Code § 4-8-3, PTN Code § 4-8-3

PTN Code § 4-8-3(a)
Section 4-8-3(a). Preference

In any adoption preference shall be given, in absence of good cause to the contrary, to:

1. A member of the child's extended family, or the spouse of one of the child's natural parents, if such spouse is not a natural parent of the child;

2. Members of the Indian tribe of which the child is a member or eligible for membership, or if the child is not an Indian, a non-Indian; or

3. Other Indian families.

Ponca Tribe of Nebraska Code § 4-8-3(a), PTN Code § 4-8-3(a)

PTN Code § 4-8-4
Section 4-8-4. Consent of Spouse Required for Adoption

A married man not lawfully separated from his wife cannot adopt a child without the consent of his wife, nor can a married woman, not thus separated from her husband, without his consent, provided the husband or wife not consenting is capable of giving such consent.

Ponca Tribe of Nebraska Code § 4-8-4, PTN Code § 4-8-4

PTN Code § 4-8-5
Section 4-8-5. Consent of Child's Parents Required for Adoption; Judicial Waiver of Consent

No child may be adopted without the consent of his parents. However, the judge may waive consent from a parent who:

1. Has been convicted of any crime punishable by imprisonment in the penitentiary for a period that, in the opinion of the judge, will deprive the child of a parent's companionship for a critical period of time;

2. Has abandoned his or her child for a period of one (1) year;

3. Has been adjudged by a court of competent jurisdiction to be a habitual drunkard or mentally incompetent; or

4. Has had his/her parental rights terminated by a court of competent jurisdiction, the child, if the adjudication is final on appeal to the court of last resort or the time for an appeal has expired.

Ponca Tribe of Nebraska Code § 4-8-5, PTN Code § 4-8-5

PTN Code § 4-8-6
Section 4-8-6. Consent of Child Over Twelve Required

The consent of the child, if over the age of twelve (12) years, is necessary to its adoption.

Ponca Tribe of Nebraska Code § 4-8-6, PTN Code § 4-8-6

PTN Code § 4-8-7
Section 4-8-7. Joinder of Proceedings as to Two or More Children--Separate Orders Required

The adoption of two (2) or more children by the same adopting parent or parents may be included in one proceeding, provided that a separate order of adoption shall be made and filed by the Court as to each child adopted.

Ponca Tribe of Nebraska Code § 4-8-7, PTN Code § 4-8-7

PTN Code § 4-8-8
Section 4-8-8. Period of Residence in Home Required Before Petition is Granted

No petition for adoption shall be granted until the child shall have lived within the proposed adoptive home for a period of at least six (6) months.

Ponca Tribe of Nebraska Code § 4-8-8, PTN Code § 4-8-8

PTN Code § 4-8-9
Section 4-8-9. Home Study Report by Licensed Child Placement Agency, Department of Social Services or Certified Independent Social Worker Required; Violation as Misdemeanor

No child may be placed in a home for adoption until a home study has been completed by the Tribal Department of Social Services or by some other agency or individual qualified to perform a home study, and the report has been filed with the Court.

Ponca Tribe of Nebraska Code § 4-8-9, PTN Code § 4-8-9

PTN Code § 4-8-10
Section 4-8-10. Time of Hearing on Petition Fixed; Investigation Ordered by Court

Whenever a person, or a husband and wife jointly, petition the Tribal Court for leave to adopt a minor child, a judge of the Tribal Court shall fix a time for hearing not less than ten (10) days from the filing of such petition and may, in the case of a stepparent adopting a stepchild, and shall in all other cases, direct an officer of the Court or an agent of the Tribal Department of Social Services to make a careful and thorough investigation of the matter and report his findings in writing to the Court. A history of any previous child support obligations of each prospective adoptive parent shall be included in the investigative report.

Ponca Tribe of Nebraska Code § 4-8-10, PTN Code § 4-8-10

PTN Code § 4-8-11
Section 4-8-11. Notice to Department of Social Services; Investigations and Recommendations of Department; Appearance by Department

Upon the filing of a petition for the adoption of a minor child, the petitioner therein shall notify the Tribal Department of Social Services, by mailing to the Department a copy of the petition. The petitioner also shall notify the Department of the date fixed for hearing the petition, or mail to the Department a copy of the order fixing the date of the hearing. Upon review and investigation, the Department shall make a recommendation as to the desirability of the adoption. The Department may appear in any procedure the same as the party in interest, and may request a postponement of hearing on the petition in event more time is needed for its investigation.

Ponca Tribe of Nebraska Code § 4-8-11, PTN Code § 4-8-11

PTN Code § 4-8-12
Section 4-8-12. Appearance at Hearing and Execution of Consent and Agreement by Parties; Appearance by Attorney, Guardian or Agent; Appearance by Department

Before the hearing on a petition for adoption, the person adopting a child, the child adopted, if required, and the other persons whose consent is necessary, shall execute their consent in writing, and the person adopting shall execute an agreement to the effect that the child adopted shall be treated in all respects as his own. The consent forms and the agreement of the person adopting shall be filed with the Court. At the time of the hearing on the petition, the person adopting a child and the child to be adopted shall appear in Court. All persons whose consent is necessary, except the child and the person adopting the child, may appear by another person through a power of attorney, or a legally appointed guardian may appear on behalf of the child. The Department of Social Services may appear in Court and consent to the adoption of a child surrendered to it by any court of competent jurisdiction or, if the Department has custody of a child by written agreement of a parent or parents with power of attorney to consent to adoption, by the officer of the Department holding such power of attorney.

Ponca Tribe of Nebraska Code § 4-8-12, PTN Code § 4-8-12

PTN Code § 4-8-13
Section 4-8-13. Examination of Witnesses and Investigations by Court; Order of Adoption; Contents

The judge must examine all persons appearing separately and, if satisfied, from such examination and the report of the investigation that the child is suitable for adoption and the petitioning foster parent or parents financially able and morally fit to have the care and training of such child, that all requirements of the law have been met and that interests of the child will be promoted by the adoption, the judge shall make an order declaring that the child henceforth shall be the adopted child of the person adopting and shall be regarded and treated in all respects as the child of such person; and which order, among other things, shall contain the following:

1. The full adoptive name, date of birth, sex, color or race, and place of birth, of the adopted child; and

2. The full name, date of birth, citizenship, residence, color or race, birthplace, and occupation of both adoptive parents.

3. The adoptive parents maintain cultural ties with the Tribe and take those steps necessary to inform and/or affirm the child's knowledge and understanding of Tribal culture and traditions.

Ponca Tribe of Nebraska Code § 4-8-13, PTN Code § 4-8-13

PTN Code § 4-8-14
Section 4-8-14. Restrictions on Access to Court Records in Adoption Proceedings; Court Order Required for Disclosure of Information; Notice of Hearing to Department or Adoption Agency; Disclosure Not Contested Nor Supported

Court files and records in adoption proceedings are not open to inspection or copy by persons other than the adoptive parents, and their attorneys, representatives of the Department of Social Services, and the child, when he reaches majority, except upon order of the Court expressly permitting inspection or copy. No person having charge of any adoption records may disclose the names of any parents, or parents by adoption, or any other matter, appearing in such records, except upon order of the Court except as otherwise provided by this section. The Court may not order disclosure of any matter appearing in adoption records unless the Department of Social Services or the licensed adoption agency has received notice of the petition for disclosure of such information and of the date fixed for hearing the petition. The Department of Social Services or the licensed adoption agency shall neither contest nor support the petition for disclosure during its hearing.

Ponca Tribe of Nebraska Code § 4-8-14, PTN Code § 4-8-14

PTN Code § 4-8-15
Section 4-8-15. Confidentiality of Records

All papers, records and information pertaining to an adoption whether part of the permanent file in the Department of Social Services or in a child placement agency are confidential and may be disclosed only in accordance with this Code.

Ponca Tribe of Nebraska Code § 4-8-15, PTN Code § 4-8-15

PTN Code § 4-8-16
Section 4-8-16. Non-Identifying Information; Release to Adoptive Parent or Adoptee

Non-identifying information, if known, shall be made available to the adoptive parent, or to the adoptee upon reaching the age of eighteen (18), upon written request and proper proof of identification. This information or any part thereof may be withheld only if it is of such a nature that it would tend to identify a biological relative of the adoptee. The following is non-identifying information:

1. The age of the natural parents at the time of the birth of the adoptee. However, this does not include the dates of birth of the parents;

2. The heritage of the natural parents, which includes nationality, ethnic background and race;

3. The education, which shall be number of years of school completed by the natural parents at the time of the birth of the adoptee;

4. The general physical appearance of the natural parents at the time of the birth of the adoptee in terms of height, weight, color hair, eyes, skin and other information of a similar nature;

5. The talents, hobbies, and special interests of the natural parents;

6. The existence of any other children born to either natural parent before the birth of the adoptee;

7. Whether it was a voluntary or involuntary termination of parental rights;

8. The religion of the natural parents;

9. The occupation of natural parents in general terms;

10. The health history of natural parents and blood relatives; and

11. The relationship between the natural parents.

Ponca Tribe of Nebraska Code § 4-8-16, PTN Code § 4-8-16

PTN Code § 4-8-17
Section 4-8-17. Change of Name by Adopted Child; Relationship with Adoptive Parents

A child, when adopted, may take the family name of the person adopting. After adoption, the two shall sustain towards each other the legal relations of parent and child and have all the rights and be subject to all the duties of that relation.

Ponca Tribe of Nebraska Code § 4-8-17, PTN Code § 4-8-17

PTN Code § 4-8-18
Section 4-8-18. Rights and Duties of Natural Parents Terminated on Adoption; Exception on Adoption of Stepchild

The natural parents of an adopted child are from the time of the adoption, relieved of all parental duties towards, and of all responsibility for the child so adopted, and have no right over it, except in cases where a natural parent consents to the adoption of his or her child by the child's stepfather or stepmother who is the present spouse of the natural parent.

Ponca Tribe of Nebraska Code § 4-8-18, PTN Code § 4-8-18

PTN Code § 4-8-19
Section 4-8-19. Finality of Adoption Order

Subject to the disposition of an appeal, upon the expiration of one (1) year after an adoption order is issued, the order cannot be questioned by any person including the petitioner, in any manner upon any ground, including fraud, misrepresentation, failure to give any required notice, or lack of jurisdiction of the parties or of the subject matter, unless, in the case of the adoption of a child, the petitioner has not taken custody of the child.

Ponca Tribe of Nebraska Code § 4-8-19, PTN Code § 4-8-19

 

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