Statutes | Lummi Nation Code of Laws Title 8 Chapter 8.07 ยง 8.07.030 | 2020
(a) The Children&rsquos Court may permanently suspend the legal relationship between the parent and child of:
(1) a parent who gives consent in accordance with LCL 8.07.100 and
(2) a father whose name does not appear on the birth certificate and who has not established paternity under Chapter 11.05 of the Lummi Code of Laws, provided, however that identified putative fathers must first be provided notice in accordance with LCL 8.07.060(c).
(b) The Children&rsquos Court may permanently suspend the legal relationship between a parent and child upon a finding that the parent has abandoned the child as defined in LCL 8.01.090(k). If the parent has abandoned the child, a presumption exists that the parental relationship has been broken so that the burden shall then be on the parent to prove that the child&rsquos bond to the parent has not been broken.
(c) The Children&rsquos Court may permanently suspend the legal relationship between a parent and child upon a finding that the child is in need of protection in accordance with Chapter 8.05 of this Title if the Court also finds clear and convincing evidence of each of the following:
(1) The court has entered an order stating what the parent was required to accomplish in order to obtain return of the child, but that the parent has failed to accomplish those things within a reasonable period of time that recognizes the individual child&rsquos need for permanency or the court has entered an order under LCL 8.07.110 that reasonable efforts to return the child to the home are not required because the child cannot be safely returned to the home
(2) There is a substantial probability of future abuse or neglect if the child were returned to the parent
(3) The conditions which cause the child to meet the definition of a child in need of Title 8 (Children&rsquos Code) LIBC Resolution #2013-131 27 protection under LCL 8.05.010 because of conduct by the parent are unlikely to improve within a reasonable period of time that recognizes the individual child&rsquos need for permanency and
(4) The continuance of the legal relationship between the parent and child is not in the best interests of the child and permanently suspending the legal relationship will be in the child&rsquos best interest.