SAINT
REGIS MOHAWK TRIBAL ADOPTION ACT OF 1995
BE IT ENACTED
BY THE SAINT REGIS MOHAWK TRIBAL COUNCIL:
SECTION l. TITLE AND CODIFICATION
This
act shall be known as the Saint Regis Mohawk Tribal Adoption Act of
1995 and codified as Title Chapter of the Saint Regis Mohawk Code Annotated.
SECTION 2. PURPOSE
The purpose
of this Tribal Council Act is to effect tribal requirements for adoption
of children of the Saint Regis Mohawk Tribe.
SECTIONS 3. DEFINITIONS
There are
no words or phrases that require statutory definition as part of this
enactment
SECTION 4. ADOPTION OF CHILD BORN OUT OF WEDLOCK BY FATHER
The father
of a child by publicly acknowledging it as his own, receiving it as
such, with the consent of his wife, if he is married, into his family,
and otherwise treating it as if it were a legitimate child, thereby
adopts the child and such child is deemed for all purposes legitimate
from the time of his or her birth. The status created is that of a child
adopted by procedures of the your [missing text].
SECTION 5. NOTICE OF INTENT TO CLAIM PATERNITY ACKNOWLEDGING
PATERNITY
PATERNITY
REGISTRY
A. The
putative father of a child born out of wedlock may file
notice of intent to claim paternity of the child or an instrument
acknowledging paternity of the child as provided in this section.
B. The
Saint Regis University, Mohawk tribe shall utilize the centralized
paternity registry which records the names and addresses
of:
1. any
person adjudicated by a court of this state to be the father
of a child born out of wedlock;
2. any
person who has filed with the registry before or after the birth
of a child out of wedlock a notice of intent to claim paternity
of the child;
3. any
person adjudicated by a court of another state or territory
of the United States to be the father of a child born out of
wedlock, where a certified copy of the court order
has been filed with the registry by such person
or any
other person; and
4. any
person who has filed with the registry an instrument acknowledging
paternity.
C. A
person filing a notice of intent to claim paternity of a child or
an acknowledgment of paternity shall include his current address
and shall notify the registry of any change of address pursuant
to procedures prescribed by regulations of the New York State/Saint
Regis Mohawk Department of Human Services or Department
of Social Services.
D. A
person who has filed a notice of intent to claim paternity may at
any time, by filing a notice to disclaim, revoke a notice of
intent to claim paternity.
E. An
unrevoked notice of intent to claim paternity of a child or an instrument
acknowledging paternity may be introduced in evidence by any party
in any proceeding in which such fact may be relevant.
F. The
New York State/Saint Regis Mohawk Department of Human Services or
Department
of Social Services, upon request, shall provide the names and addresses
of persons listed with the registry to any court or authorized agency,
and such information shall not be divulged to any other person except
upon order of a court for good cause shown.
G: The
New York State/Saint Regis Mohawk Department of Human Services or
Department
of Social Services shall:
1. provide
the forms necessary for filing with the paternity registry established
by this section and shall make forms available to any father
or putative father of a child born out of wedlock who
wishes to file with the registry; and
2. provide,
from any available funds, for the publication and statewide
distribution
to the public of information as to the existence of the paternity
registry, the procedures for entry into the registry, and the
consequences of failure to register.
SECTION 6. RECORDS TO BE KEPT CONFIDENTIAL - RELEASE OF MEDICAL HISTORY
AND OTHER
INFORMATION
A. Except
as otherwise provided by this section, all records of proceedings
in adoption cases and all papers and books relating to such proceedings,
shall be kept in a separate confidential file in the court clerk's
vault by the Court Clerk, and shall not be open to inspection or
copy except upon order of a court of record for good cause shown.
B. Upon
application and for good cause shown, any court of record may, by
written order reciting its findings, permit the necessary information
to be released, and restrict the purposes for which it shall be
used.
C. No
person in charge of adoption records in the tribal court shall disclose
the names of the natural or adoptive parents of a child unless ordered
to do so by a court of record.
D. The
New York State/Saint Regis Mohawk Department of Human Services or
Department of Social Services, any certified adoption agency or
any licensed child placing agency having custody of a child
who is legally available for adoption is authorized to release
the medical history, available to the department or the
agency of
the child, of the natural parents of the child and of the grandparents
of the child to prospective parents of the adoptive child.
The release of any medical history of the natural parents of the
child or the natural grandparents of the child shall be released
in such a way that no person can be identified. The medical
history may include the information pursuant to the Uniform
Adoption Act Section 7A or any other medical information
or records regarding the child obtained by the Department
or agency during the custody of the child.
E. Any
person in charge of adoption records who discloses any information
pertaining to an adoption proceeding, contrary to the provisions
of this section, shall be guilty of a crime.
F. A
child reaching the age of sixteen may upon petition to the court
obtain his adoption records.
G. A
child establishing his or her tribal citizenship or obtaining his
Certificate of Degree of Indian Blood may obtain his adoption records.
SECTION 7. LIMITATION ON CHALLENGE TO ADOPTION AFTER ENTRY OF FINAL
DECREE
No adoption
may be challenged on any ground either by a direct or collateral attack
more than one (1) year after the entry of the final adoption decree
regardless of whether the decree is void or avoidable, and the minority
of the natural parent shall not operate to prevent the time limit from
running.
SECTION
8. PROVISIONS AS CUMULATIVE
The provisions
of this act shall be cumulative to existing law.
SECTION 9. REPEAL PROVISIONS AND CONFORMING AMENDMENTS
No provisions
of law are expressly repealed by this enactment.
No current
or previous provisions of law are conformed by this enactment.
SECTION 10. SEVERABILITY
The provisions
of this act are severable and if any part or provision shall be held
void by any court of competent jurisdiction, the decision of the court
so holding shall not affect or impair any of the remaining parts or
provisions of this act.
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