Statutes | Lummi Nation Code of Laws Title 8 Chapter 8.07 ยง 8.07.020 | 2020
(a) The legal relationship between a parent and a child may be permanently suspended under the procedures and standards in this chapter.
(b) For the purposes of the Lummi Code of Laws, permanently suspending the legal relationship between a parent and child means that the parent and the child will no longer have legal powers, rights, and responsibilities toward each other, however the child will maintain the right of inheritance from or through the parent. After the legal relationship between the parent and child is permanently suspended, the parent&rsquos consent is not necessary for a customary adoption, legal guardianship, or other permanent placement of the child to be entered.
(c) Permanently suspending the legal relationship between the parent and child does not change the child&rsquos kinship ties, inherent tribal heritage, or the child&rsquos blood quantum or Title 8 (Children&rsquos Code) LIBC Resolution #2013-131 26 enrollment status as a member of any Tribe.
(d) No proceeding seeking to permanently suspend the legal relationship between a parent and child shall be commenced unless the Lummi Nation shall have first convened and facilitated a family decision making conference among the members of the child&rsquos extended family for the purpose of:
(1) Exploring family resources that may make permanent suspension of parental rights unnecessary, and using the Nation&rsquos best efforts to utilize those resources
(2) Identifying and providing resources and assistance to the extended family and/or to the parents of the child that may make permanent suspension of parental rights unnecessary and
(3) Identifying and actively pursuing all other alternatives to permanent suspension of parental rights.
(e) If the Lummi Children&rsquos Services Department concludes that none of the resources or alternatives identified and pursued under this section has a reasonable probability of success and that permanent suspension of the legal relationship between the parents and child is appropriate, the Department shall present the case to the Grandparents Committee for review. The Grandparents Committee shall review the family situation, the resources available to the family, the efforts by the Nation to reunite the family, and such other factors as the Committee deems appropriate, and decide whether permanent suspension of the legal relationship is warranted. If the Committee concludes that suspension is not warranted, it shall inform the Department of the additional steps that must be taken by the Nation. If the Committee concludes that suspension is warranted, the Nation may proceed to file an action in the Lummi Children&rsquos Court to permanently suspend the legal relationship between the parent or parents and the child.