Following
is one of the first Tribal Resolutions regarding the adoption of
Indian children by non-tribal members, adopted by the Navajo Tribal
Council in 1960.
Navajo Tribal Council, Tribal Policy on Adoption of Navajo Orphans
and Abandoned or Neglected Children, 1960
WHEREAS:
(1) By Resolution No. CN-63-60 the Navajo Tribe has established
a procedure for adoption of members of the Tribe who are brought
in person before a court of the Navajo Tribe, and said resolution
is applicable to adoptions either by Navajos or non-Navajos, provided
the child is a member of the Navajo Tribe and is brought in person
before the Tribal Court.
(2) By Resolution CN-60-56, the Navajo Tribe has specified the
following ground among those authorizing removal of any non-Navajo
from Navajo tribal land: “Removing or attempting to remove
any Navajo minor from the Navajo Reservation without prior approval
of the Advisory Committee of the Navajo Tribal Council, except for
the purpose of attending school under a non-sectarian program approved
by the Bureau of Indian Affairs.”
(3) Heretofore the Navajo Tribal Council has not established a
definite policy either in favor or in opposition to the adoption
of Navajo children by non-members of the Tribe.
NOW THEREFORE BE IT RESOLVED THAT:
(1) The Navajo Tribal Council favors the formal adoption of Navajo
children in accordance with the provisions of Resolution No.CN-63-60
in all cases where the parents of such children are dead or where
said children are being regularly and continuously neglected by
their parents, or where the parents have abandoned said children.
The Navajo Tribal Council looks with disfavor upon informal arrangements
for the custody of such children except for temporary periods pending
their formal adoption.
(2) In the cases referred to in the preceding section of this resolution,
the Navajo Tribe neither favors nor disfavors adoption of Navajo
children by persons who are not members of the Navajo Tribe, but
states its policy that each case shall be considered individually
on its own merits by the Trial Court of the Navajo Tribe.
(3) The Navajo Tribe looks with disfavor upon the adoption of Navajo
children by non-members of the Tribe in cases where the parents
of the children are living, in good health, and have not abandoned
or continuously neglected said children.
(4) The Navajo Tribe condemns the removal or attempted removal
of any Navajo minor from the Navajo Reservation by any non-member
without the prior approval of the Advisory Committee, except for
the purpose of attending school under a non-sectarian program approved
by the Bureau of Indian Affairs, provided however, that the Navajo
Tribe does not condemn the removal of Navajo children from the Navajo
Reservation by their adopted parents pursuant to a final judgment
of adoption rendered by the Trial Court of the Navajo Tribe under
said resolution.
(5) Subparagraph O of paragraph 2 of Resolution CN-60-56 (Navajo
Tribal Council Resolution, 1956, p. 168) shall not apply in cases
where a Navajo minor is removed from the Navajo Reservation by its
adopted parents, or by persons who have received custody of such
child pursuant to an order of the Trial Court of the Navajo Tribe.
(6) The Chairman of the Navajo Tribal Council is hereby directed
to cause an investigation to be made of missionaries and other non-Navajo
persons who may have been violating said subparagraph of Resolution
No. CN-60-56, and where there is ground to believe that such missionaries
or other persons propose to continue violating said subparagraph,
to cause them to be excluded from the Navajo Reservation. In case
such missionaries or other persons operate from islands of fee-patent
land on the Navajo Indian Reservation, the Chairman is nevertheless
authorized, in accordance with the procedure prescribed in section
6 of said resolution, to have said persons physically removed from
Navajo Tribal land.
Adopted November 18, 1960.
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