Stockbridge-Munsee Tribal Law Library
Stockbridge-Munsee Tribal Code.

Section YAE.04.02 — Grounds For Termination And Burden Of Proof.

(a) The Court may terminate a person's parental rights only when the following conditions have been proved beyond a reasonable doubt:

(1) That termination of parental rights is in the best interest of the youth; and

(2) That guardianship, rather than termination of parental rights, is not in the youth's best interest; and

(3) That an appropriate adoptive home is available and that adoption proceedings have been filed in conjunction with the termination proceedings.

(b) In addition, the Court must find by proof beyond a reasonable doubt that:

(1) the parent has consented to the termination of his or her parental rights under the terms of Section YAE.04.03, or

(2) That the parent is responsible for abuse of the youth as defined in Section YAE.04.04.