Statutes | Cherokee Code Chapter 7B Article 4 ยง 7B-401.1 | 2019
(a)
Petitioner. Only the director of human services or the directors authorized representative may file a petition alleging that a child is maltreated under this chapter. The petitioner shall remain a party until the Court terminates its jurisdiction in the case.
(b)
Parents. The childs parent shall be a party unless one of the following applies:
(1)
The parents rights have been terminated.
(2)
The parent has relinquished the child for adoption, unless the Court orders that the parent be made a party.
(3)
The parent has been convicted under 18 U.S.C. § 2241 for aggravated sexual assault that resulted in the conception of the child, or has been convicted of first or second degree rape or a similar sex offense in any jurisdiction that resulted in the conception of the child.
(c)
Guardian. A person who is the childs Court-appointed guardian of the person or general guardian when the petition is filed shall be a party. A person appointed as the childs guardian pursuant to C.C. section 7B-600, or kinship guardian under C.C. chapter 35A, article 22 shall automatically become a party but only if the Court has found that the guardianship is the permanent plan for the child or is otherwise in the childs best interest.
(d)
Custodian. A person who is the childs custodian, as defined in C.C. section 7B-101(a)(14), when the petition is filed shall be a party. A person to whom custody of the child is awarded in a proceeding under this Chapter shall automatically become a party but only if the Court has found that the custody arrangement is the permanent plan for the child or is otherwise in the childs best interest.
(e)
Caretaker. A caretaker shall be a party only if (i) the petition includes allegations relating to the caretaker, (ii) the caretaker has assumed the status and obligation of a parent, or (iii) the Court orders that the caretaker be made a party.
(1)
The department must provide foster parent(s) of a child and any pre-adoptive parent or relative providing care for the child with timely notice of and a right to be heard in any proceeding to be held with respect to the child during the time the child is in the care of such foster parent, pre-adoptive parent, or relative caregiver. Notice of and a right to be heard does not require the Court to make the caregiver a party to the proceeding.
(f)
The child. The child shall be a party.
(g)
Removal of a party. If a guardian, custodian, or caretaker is a party, the Court may discharge that person from the proceeding, making the person no longer a party, if the Court finds that the person does not have legal rights that may be affected by the action and that the persons continuation as a party is not necessary to meet the childs needs or that persons involvement as a party is contrary to the childs best interest.
(h)
Intervention. Except as provided in C.C. sections 7B-1103 and 7B-1003, the Court shall not allow intervention by a person who is not the childs parent, guardian, custodian, or caretaker but may allow intervention by another Tribal or governmental agency that has an interest in the proceeding especially when that agency is juvenile justice when "cross-over" children and families are involved. This section shall not prohibit the Court from suspending or consolidating a juvenile proceeding with a civil action or claim for custody pursuant to C.C. section 7B-200 or suspending or consolidating juvenile delinquency cases until after adjudication.
(Ord. No. 524 , 7-17-2015)