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St. Regis Mohawk Tribe Code

[1999]

Tribal Council Act 95

SAINT REGIS MOHAWK TRIBAL ADOPTION ACT OF 1995

 

BE IT ENACTED BY THE SAINT REGIS MOHAWK TRIBAL COUNCIL:


SECTION l. TITLE AND CODIFICATION

This act shall be known as the Saint Regis Mohawk Tribal Adoption Act of 1995 and codified as Title Chapter of the Saint Regis Mohawk Code Annotated.


SECTION 2. PURPOSE

The purpose of this Tribal Council Act is to effect tribal requirements for adoption of children of the Saint Regis Mohawk Tribe.


SECTIONS 3. DEFINITIONS

There are no words or phrases that require statutory definition as part of this enactment


SECTION 4. ADOPTION OF CHILD BORN OUT OF WEDLOCK BY FATHER

The father of a child by publicly acknowledging it as his own, receiving it as such, with the consent of his wife, if he is married, into his family, and otherwise treating it as if it were a legitimate child, thereby adopts the child and such child is deemed for all purposes legitimate from the time of his or her birth. The status created is that of a child adopted by procedures of the your [missing text].


SECTION 5. NOTICE OF INTENT TO CLAIM PATERNITY ACKNOWLEDGING PATERNITY

PATERNITY REGISTRY

A. The putative father of a child born out of wedlock may file notice of intent to claim paternity of the child or an instrument acknowledging paternity of the child as provided in this section.

B. The Saint Regis University, Mohawk tribe shall utilize the centralized paternity registry which records the names and addresses of:

1. any person adjudicated by a court of this state to be the father of a child born out of wedlock;

2. any person who has filed with the registry before or after the birth of a child out of wedlock a notice of intent to claim paternity of the child;

3. any person adjudicated by a court of another state or territory of the United States to be the father of a child born out of wedlock, where a certified copy of the court order has been filed with the registry by such person or any other person; and

4. any person who has filed with the registry an instrument acknowledging paternity.

C. A person filing a notice of intent to claim paternity of a child or an acknowledgment of paternity shall include his current address and shall notify the registry of any change of address pursuant to procedures prescribed by regulations of the New York State/Saint Regis Mohawk Department of Human Services or Department of Social Services.

D. A person who has filed a notice of intent to claim paternity may at any time, by filing a notice to disclaim, revoke a notice of intent to claim paternity.

E. An unrevoked notice of intent to claim paternity of a child or an instrument acknowledging paternity may be introduced in evidence by any party in any proceeding in which such fact may be relevant.

F. The New York State/Saint Regis Mohawk Department of Human Services or Department of Social Services, upon request, shall provide the names and addresses of persons listed with the registry to any court or authorized agency, and such information shall not be divulged to any other person except upon order of a court for good cause shown.

G: The New York State/Saint Regis Mohawk Department of Human Services or Department of Social Services shall:

1. provide the forms necessary for filing with the paternity registry established by this section and shall make forms available to any father or putative father of a child born out of wedlock who wishes to file with the registry; and

2. provide, from any available funds, for the publication and statewide distribution to the public of information as to the existence of the paternity registry, the procedures for entry into the registry, and the consequences of failure to register.


SECTION 6. RECORDS TO BE KEPT CONFIDENTIAL - RELEASE OF MEDICAL HISTORY
AND OTHER INFORMATION

A. Except as otherwise provided by this section, all records of proceedings in adoption cases and all papers and books relating to such proceedings, shall be kept in a separate confidential file in the court clerk's vault by the Court Clerk, and shall not be open to inspection or copy except upon order of a court of record for good cause shown.

B. Upon application and for good cause shown, any court of record may, by written order reciting its findings, permit the necessary information to be released, and restrict the purposes for which it shall be used.

C. No person in charge of adoption records in the tribal court shall disclose the names of the natural or adoptive parents of a child unless ordered to do so by a court of record.

D. The New York State/Saint Regis Mohawk Department of Human Services or Department of Social Services, any certified adoption agency or any licensed child placing agency having custody of a child who is legally available for adoption is authorized to release the medical history, available to the department or the agency of the child, of the natural parents of the child and of the grandparents of the child to prospective parents of the adoptive child. The release of any medical history of the natural parents of the child or the natural grandparents of the child shall be released in such a way that no person can be identified. The medical history may include the information pursuant to the Uniform Adoption Act Section 7A or any other medical information or records regarding the child obtained by the Department or agency during the custody of the child.

E. Any person in charge of adoption records who discloses any information pertaining to an adoption proceeding, contrary to the provisions of this section, shall be guilty of a crime.

F. A child reaching the age of sixteen may upon petition to the court obtain his adoption records.

G. A child establishing his or her tribal citizenship or obtaining his Certificate of Degree of Indian Blood may obtain his adoption records.


SECTION 7. LIMITATION ON CHALLENGE TO ADOPTION AFTER ENTRY OF FINAL
DECREE

No adoption may be challenged on any ground either by a direct or collateral attack more than one (1) year after the entry of the final adoption decree regardless of whether the decree is void or avoidable, and the minority of the natural parent shall not operate to prevent the time limit from running.


SECTION 8. PROVISIONS AS CUMULATIVE

The provisions of this act shall be cumulative to existing law.


SECTION 9. REPEAL PROVISIONS AND CONFORMING AMENDMENTS

No provisions of law are expressly repealed by this enactment.

No current or previous provisions of law are conformed by this enactment.


SECTION 10. SEVERABILITY

The provisions of this act are severable and if any part or provision shall be held void by any court of competent jurisdiction, the decision of the court so holding shall not affect or impair any of the remaining parts or provisions of this act.

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