§ 2-159. Voluntary foster/alternative care authorized.
In order to provide better treatment for a family’s problems and to better protect children, the Department is authorized to accept a child for foster/alternative care when:
A. The parent, guardian or other physical or legal custodian has consented to such alternative care in writing before the Director of the Indian Child Welfare Department or her designee and that the terms and conditions and consequences of such consent were fully explained in detail and fully understood in English or that it was interpreted into an appropriate tribal language which was understood.
B. A consent to alternative care placement may be withdrawn by a person giving same, the parent or other legal guardian having legal custody or a traditional custodian at any time and the child shall be returned to the authorized person requesting the child’s release within forty-eight (48) hours.
C. The Court may enter an order terminating the parent-child legal relationship of one or both parents when all reasonable efforts to treat the family have proven ineffective.
D. Upon the entry of an order terminating the parent-child legal relationship of both parents, of the sole surviving parent or of the mother of a child born out of wedlock, the Court may:
1. Vest the Indian Child Welfare Department or a child placement agency with the legal custody and guardianship of the person of a child for the purposes of placing the child for adoption according to the placement preferences in Section 2-139 of this Title;
2. Make any other disposition provided in subsection (A) of this section that the Court finds appropriate.
E. Upon the entry of an order terminating the parent-child legal relationship of one parent, the Court may:
1. Leave the child in the legal custody of the other parent and discharge the proceedings;
2. Make any other disposition provided in subsection (A) of this section that the Court finds appropriate.
F. When a child has been adjudicated neglected because he has been abandoned by his parent or parents, the Court may enter a decree terminating the parent-child legal relationship if it finds:
1. That the parent or parents having legal custody have wilfully surrendered physical custody for a period of twelve (12) months and during this period have not manifested to the child or the person having physical custody a firm intention to resume physical custody or to make permanent legal arrangements for the care of the child; or
2. That the identity of the parent or parents of the child is unknown and has been unknown for a period of ninety (90) days and that reasonable efforts to identify and locate the parents have failed.
G. In placing the legal custody or guardianship of the person of a child with an individual or the Indian Child Welfare Department for further placement, the Court shall give primary consideration to the welfare of the child but shall take into consideration the religious preferences of the child or of his parents whenever practicable.