Statutes | Mashantucket Pequot Tribal Law Title 5, Chapter 5 ยง 6 | 2020
a. At the hearing held on the petition for the termination of parental rights, any party to whom notice was given shall have the right to appear and be heard with respect to the petition. If the parent who is consenting to the termination of parental rights appears at the hearing, the court shall explain to the parent the meaning and consequences of termination of parental rights.
b. Upon finding at the hearing or at any time during the pendency of the petition that reasonable cause exists to warrant an examination, the court, on its own motion or on motion of any party, may order the Child to be examined by a physician, psychiatrist, or licensed clinical psychologist appointed by the court. The court may also order an examination of a parent or guardian whose competency or ability to care for a Child before the court is at issue. The expenses of any examination if ordered by the court shall be paid by the petitioner, or if ordered on motion by a party, shall be paid for by that party unless such party or petitioner is unable to pay, in which case, they shall be paid by the court. The court may consider the results of the examination in ruling on the merits of the petition.
c. The court may, in any contested case, request CPS to make an investigation and written report to the court within forty-five (45) business days from receipt of such request. The report shall indicate the physical, mental, and emotional health of the Child and shall contain such facts as may be relevant to determine whether the proposed termination of parental rights will be in the best interests of the Child, including the physical, mental, and social emotional, and financial condition of the parents, and any factors which the agency deems relevant to determine whether the proposed termination will be in the best interests of the Child.
d. If such a report is requested, the court shall schedule a hearing not more than thirty (30) business days from the date the expiration of the forty-five (45) business day time period or receipt of the report, whichever is earlier. The court shall give reasonable notice of the investigation hearing to all parties to the first hearing.
e. The report shall be admissible in evidence, subject to the right of any interested party to require that the person making it appear as a witness and 22 subject himself to examination.
f. The court may approve the petition terminating the parental rights and appoint a guardian, if it finds by clear and convincing evidence, including the testimony of a qualified Expert Witnesses that the termination of parental rights is in the best interests of the Child. (1) Any parental consent to such a termination must be voluntarily and knowingly given. (2) If, however, a parent does not give consent, the court may terminate the parental rights when the Child has been Abandoned or abused by the parent, or the Child has been denied the care, guidance, or control necessary for his physical, educational, moral or emotional well-being, and the court determines that the continuation of the parent-Child relationship would be detrimental to the best interests of the Child.
g. If the court denies a petition for termination of parental rights, with or without consent, it may refer the matter to CPS to assess the needs of the Child, the care the Child is receiving, and a remediation plan for the parent.
h. The court may waive the requirement that one year expire prior to the termination of parental rights if it finds from the totality of the circumstances surrounding the Child that such waiver is necessary to promote the best interests of the Child.