Chapter 4.05
JUVENILE AND FAMILY CODE

Sections:

Part 1

Article I. General Provisions

4.05.010    Purpose and scope.

4.05.020    Guiding principles for child welfare.

4.05.030    Definitions.

4.05.040    Best interest of child.

4.05.050    Nonwaiver of sovereign immunity.

4.05.060    Policies and standard operating procedures.

4.05.070    Construction.

4.05.080    Severability.

Article II. Tulalip Departments and Employees

4.05.090    Purpose.

4.05.100    Tribal employees having regular contact with children.

4.05.110    Responsibility of Tulalip Tribes regarding background and character investigations.

4.05.120    Specific programs that work with children and the program’s role with children.

Article III. Reporting and Investigating Abuse and Neglect

4.05.130    Purpose.

4.05.140    Mandated reporters.

4.05.150    Anonymity.

4.05.160    Immunity from liability.

4.05.170    Sanctions for failure to report – Mandated reporter.

4.05.180    Investigation upon report.

Part 2

Article IV. Prevention Using a Family Centered Response

4.05.190    Purpose.

4.05.200    Assessment of risk.

4.05.210    Voluntary Family Assessment Response (FAR) and voluntary placement of children.

4.05.220    Voluntary FAR plan.

4.05.230    Voluntary placement of child.

4.05.240    Role of beda?chelh FAR.

4.05.250    Referral for investigation purpose and scope.

4.05.260    Intervention with expectant mothers.

Part 3

Article V. Tribal Court – General Provisions

4.05.270    Jurisdiction.

4.05.280    Intervention as a party.

4.05.290    Transfer of jurisdiction.

4.05.300    Consolidation.

4.05.310    Notice of hearings.

4.05.320    Civil rules of Tribal Court.

4.05.330    Reports.

4.05.340    Contempt.

Article VI. Rights and Responsibilities

4.05.350    Child’s rights.

4.05.360    Court responsibility to make accommodations to help children testify.

4.05.370    Court testimony of a child in chambers or by videotape.

4.05.380    Parent or guardian’s rights.

4.05.390    Parent or guardian’s responsibilities.

4.05.400    Rights of parties in court proceedings.

4.05.410    Attorney, guardian ad litem or CASA for child.

4.05.420    Records maintenance and protection.

4.05.430    Confidentiality.

4.05.440    Use of reports in youth-in-need-of-care proceedings.

4.05.450    Assessments, evaluations and examinations.

4.05.460    Right of access to records.

4.05.470    Payment of fees and expenses.

Article VII. Court Dependency Case

4.05.480    Petitions alleging that a child is a youth-in-need-of-care.

4.05.490    Protective custody.

4.05.500    Protective custody order.

4.05.510    Preliminary inquiry hearing.

4.05.520    Placement priorities and preferences.

4.05.530    Adjudication.

4.05.540    Court ordered case plan.

4.05.550    Agreed adjudicatory orders.

4.05.560    Agreed deferred adjudicatory order.

4.05.570    Program fee payment and per capita – Rescinded effective September 1, 2018.

4.05.580    Accelerated permanent plan.

4.05.590    Status review hearings.

4.05.600    Status review reports.

4.05.610    Change in placement or visitation.

4.05.620    Permanent plan/plan for stability for child.

4.05.630    Permanent plan review hearings.

4.05.640    Extended jurisdiction.

Part 4

Article VIII. Long-Term Out-of-Home Placement of a Child

4.05.650    General.

4.05.660    Legal guardianship.

4.05.670    Procedures for filing a petition for guardianship – All cases.

4.05.680    Guardianship hearings.

4.05.690    Terms and rights of guardian.

4.05.700    Termination of guardianship.

4.05.710    Continuing Court jurisdiction and the guardianship review team.

4.05.720    Customary adoption and suspension of parental rights.

4.05.730    Petition to suspend parental rights.

4.05.740    Petition – Contents.

4.05.750    Notice of hearing on petition.

4.05.760    Suspension of parental rights hearing.

4.05.770    Final order for suspension of parental rights.

4.05.780    Voluntary consent to suspension of parental rights.

4.05.790    Petition for customary adoption.

4.05.800    Customary adoption report – Preparation.

4.05.810    Additional reports.

4.05.820    Customary adoption hearing – Conduct.

4.05.830    Grounds for entering decree of customary adoption.

4.05.840    Per capita.

4.05.850    Additional hearings post-adoption.

4.05.860    Appeals.

4.05.870    Termination of parental rights and adoption.

4.05.880    Petition for termination of parental rights – Who may file.

4.05.890    Petition – Contents.

4.05.900    Notice of hearing on petition.

4.05.910    Pre-termination report – Preparation.

4.05.920    Pre-termination report – Service.

4.05.930    Additional reports.

4.05.940    Termination hearing – Conduct.

4.05.950    Grounds for termination and burden of proof.

4.05.960    Consent.

4.05.970    Enrollment prior to termination.

4.05.980    Disposition.

4.05.990    Adoption.

4.05.1000    Petition – Contents.

4.05.1010    Availability for adoption.

4.05.1020    Setting the hearing.

4.05.1030    Notice of hearing.

4.05.1040    Adoption report – Preparation.

4.05.1050    Adoption report – Service.

4.05.1060    Additional reports.

4.05.1070    Adoption hearing – Conduct.

4.05.1080    Grounds for entering decree of adoption.

4.05.1090    Enrollment prior to entry of adoption decree.

4.05.1100    Denial of adoption petition.

4.05.1110    Decree of adoption.

4.05.1120    Effect of decree of adoption.

4.05.1130    Visitation.

4.05.1140    Adoption records.

Part 5

Article IX. Per Capita

4.05.1150    Per capita.

4.05.1160    Tax returns.

Part 6

Article X. Emancipation

4.05.1170    Requirements.

4.05.1180    Procedure for emancipation.

Part 7

Juvenile Offenders (Reserved)

Part 8

Juvenile – At Risk and in Need of Services (Reserved)

Prior legislation: Ord. 81; Resos. 95-0069, 2005-105, 2005-122, 2005-318, 2005-323, 2006-2, 2006-345, 2007-190, 2008-38, 2009-21, 2009-252 and 2009-349.

Part 1

Article I. General Provisions

4.05.010 Purpose and scope.

The purpose of this code is to protect and cultivate the best future for the children in the Tulalip Tribal community. All departments, employees, volunteers and agents of the Tribes shall, first and foremost, strive to protect children and to create systems and structures that preserve opportunities for children to learn about their unique culture and heritage and to become productive members of the Tulalip Tribal community.

The Juvenile and Family Code is a family-centered approach that places family as the primary source for understanding the needs and challenges of the child, with the belief that the child is best served in the context of families and that families are best served in the context of their community. Maintaining the child in the home of their natural parents is a major purpose of this chapter.

The scope of this code is to provide guiding principles and best practices to all matters that involve a child with any department, employee, contractor, agent or the Tribal Court.

Therefore, be it enacted by the Board of Directors (hereafter “Board”) of the Tulalip Tribes, pursuant to Article VI, Sections 1(K), (L), (O), and (P) of the Constitution of the Tulalip Tribes, that this chapter shall be the law of the Tribes from the date of Secretarial approval. [Res. 2018-346; Res. 2015-101].

4.05.020 Guiding principles for child welfare.

The Tulalip Tribes endeavors to protect the best interest of Indian children by:

(1) Preventing the unwarranted breakup of families;

(2) Maintaining the connection of children to their families, the Tribes, and Tribal community when appropriate;

(3) Promoting the stability and security of the Tribes by establishing standards for appropriately handling situations involving Tribal children and families in need of services;

(4) Utilization of case management, which allows for and assumes individualized practice to best serve the varying strengths and needs of every child and family; and

(5) Utilization of ongoing assessments and re-assessments to provide for the strengths and needs of the child and family.

Should there be any conflict in the application of these principles and the written law, the liberal application of these principles in the context of what is in the best interest of the child shall prevail. [Res. 2018-346; Res. 2015-226; Res. 2015-101].

4.05.030 Definitions.

Terms under this chapter shall be liberally construed so as not to limit the jurisdiction of the Tulalip Tribes over Indian children, and to facilitate the authority of the Court and the Tribal agencies directly responsible for serving the needs of the children, to act to protect the interests of Indian children and their families. When interpreting terms not defined by this chapter, consideration shall be given to Tulalip Tribal laws, customs, and traditional child-rearing practices. Unless in conflict with applicable Tribal law, terms not specifically defined in this chapter shall be defined according to their normal usage.

(1) “Active efforts” means to provide ongoing and proactive rehabilitative and/or remedial services to the family to prevent removal of the child from his or her parent or guardian, visitation with the parents if the child is removed from the home and reunify the child with his or her parent(s) or guardian(s) as soon as possible after removal once safe for the child. beda?chelh case managers must arrange visitation with parents or cleared family and assist in obtaining services for parents to work toward reunification or for child if necessary to be placed with their parents or family. In the event reunification is not possible beda?chelh case managers must make efforts to place the child with family members or other placements in accordance with the highest placement preferences for the child to achieve permanency.

(2) “Abandonment” means when a parent, legal guardian, or custodian leaves a child for a substantial period of prolonged absence without making arrangements for reasonable care, control, and supervision of the child despite an ability to exercise these parental rights and responsibilities; or when a child is left in the care of another adult for a substantial period of prolonged absence without the continuing consent of that other adult who is providing temporary care. If there has been no contact between the child and the child’s parent, legal guardian, or custodian for a substantial period of prolonged absence, the Court may find that the child has been abandoned even if there is no finding of intent to abandon the child.

(3) “Abuse” includes but is not limited to:

(a) Physical abuse includes interfering with a child’s breathing, any act that is likely to cause or does cause bodily harm greater than minor temporary marks including but not limited to: bruising, welting, abrasions, lesions, burns, broken bones, or other damage to a child’s body not clearly caused by accident, and/or giving a child inappropriate food, drink, or drugs, withholding food for a significant period or otherwise malnourishing a child.

(b) “Emotional maltreatment” is defined as a repeated pattern of damaging interactions between a child and one or more parents or caregivers that becomes typical of the relationship. The pattern may be chronic and pervasive, or in some situations stimulated by the parental use of alcohol or drugs. Emotional maltreatment may coexist with or be a consequence of physical or sexual abuse, but it also can exist as a separate event. “Emotional maltreatment” may include but is not limited to the following: a child whose social relationships are seriously impaired, and/or a child with very low self-esteem, or a consistent pattern of emotional difficulties such as listlessness, apathy, depression, or self-deprecating remarks; a child who does not appropriately respond to normal adult behavior (e.g., cowering or ingratiating himself or herself to adults behaving normally); a child who is rejected or whose parent, guardian, or custodian refuses to accept him or her; a child whose parent, guardian, or custodian ignores him or her or deprives him or her of essential responsiveness which stifles emotional growth and development; a child who is severely intimidated, ridiculed or terrorized by verbally assaulting, bullying, name calling, destroying possessions, or attacking pets or beloved people of that child; a child who is isolated from normal social experiences, prevented from forming friendships, or locked out of the home; a child who is taught socially deviant behavior, such as by rewarding aggression, delinquency, or sexual behavior; a child who is penalized for positive or normal behavior; or an infant who is failing to thrive as a result of the parent or discouraged from forming an attachment with his or her caregiver.

(c) Sexual abuse or exploitation includes failure of a parent, guardian, or custodian to adequately protect a child when the parent, guardian, or custodian knew or reasonably should have known that the child was in danger of sexual abuse or exploitation and exposure. Sexual abuse or exploitation may include, but is not limited to: molestation, rape, or sexual assault; engaging in or attempting to engage in a sexual act or sexual contact with a child; causing or attempting to cause a child to engage in sexually explicit conduct; exposing a child to lewd, pornographic or sexually explicit conduct or material; allowing a child to engage in prostitution, obscene or pornographic photography, filming, or other forms of illustrating or promoting sexual conduct; or any sex offense, defined by statute, involving a child.

(4) “Adult” means a person 18 years of age or older, or a person emancipated by order of a court of competent jurisdiction, or by legal marriage.

(5) “Aggravated circumstances” means but is not limited to abandonment, torture, chronic abuse, and sexual abuse and may be defined further by policy.

(6) “beda?chelh” means the Tribes’ Social Services Department charged with protecting Tribal children and serving their families.

(7) “CASA” means a court-appointed special advocate for the child.

(8) “Case management” is a collaborative process of assessment, planning, facilitation, case coordination, evaluation, and advocacy for options and services to meet a child’s and family’s comprehensive needs through communication and available resources to promote quality and culturally sensitive outcomes.

(9) “Child” means a person who is less than 18 years old who has not been emancipated by order of a court of competent jurisdiction or by legal marriage.

(10) “Child Advocacy Center” (CAC) is the Tribal agency responsible for the coordination of a multi-agency investigation and intervention of child abuse allegations for law enforcement purposes and other services relating to the abuse.

(11) “Custodian” means any person who has physical custody of a child under Tribal law or custom, or under State law, or to whom temporary physical care and custody has been transferred by the child’s parent, and who is providing food, shelter, and supervision to the child.

(12) “Customary adoption” means a process in which a child’s caretaker is bestowed by law the rights and responsibilities for parenting the child until 18, during which time the biological parents’ rights are suspended, meaning they have no recognized legal right to make decisions on behalf of the child, but may remain financially responsible.

(13) “Dependency case” means a case in which the child is alleged to be, or has been found by the court to be, a “youth-in-need-of-care.”

(14) “Domicile” means a person’s legal home or main residence in which the person resides or to which the person intends to return. The domicile of a child is generally that of the custodial parent or legal guardian.

(15) “Extended Tribal holiday” means two consecutive paid Tribal holidays; for example, Thanksgiving and Tulalip Day.

(16) “Permanence” means consideration of the child’s needs for stability and continuity in relation to the child’s needs to maintain positive and strong relationships with his or her culture, family and heritage.

(17) “Family Team Decision Meeting” (FTDM) is a confidential meeting facilitated by an impartial mediator-type to involve the family with important decisions at all relevant stages of beda?chelh and/or court intervention regarding placement, services and related issues. “FTDM” may also mean a mediation or a meeting facilitated by beda?chelh.

(18) “Foster care” means the care of a child by a person who is licensed by the Tribal or State agency.

(19) “Guardian” or “legal guardian” means a person, not the child’s parent, who is legally vested with the power and responsibility to care for the child and/or the child’s property.

(20) “Guardian ad litem” (GAL) means an adult appointed by a court to represent the best interests of the child in a proceeding under this chapter.

(21) “Indian” means any member or person eligible for membership in a Federally recognized Indian tribe, band or community.

(22) “Indian youth” or “Indian child” means a child who is: (a) enrolled in an Indian tribe; (b) eligible for enrollment in an Indian tribe; or (c) the biological child of a person who is enrolled or is eligible for enrollment in an Indian tribe.

(23) “Neglect” means an act or failure to act, or cumulative effects of a pattern of conduct, behavior, or inaction that shows a serious disregard of consequences, and constitutes a clear and present danger to a child’s health, welfare or safety. “Neglect” includes, but is not limited to:

(a) A child who is not receiving the food, clothing, shelter, medical care, education, or supervision needed for his or her well-being or development;

(b) An infant who is failing to thrive as a result of the parent;

(c) A child left with a babysitter who is intoxicated, irresponsible, too young or otherwise incapable of caring for the needs of the child;

(d) A child who is doing the work of a parent in running a household because the parent refuses or fails to act as a parent or forces the child to do the work of the parent;

(e) A child who is exposed to a dangerous situation as a result of parental negligence;

(f) A child whose parent(s) misuses benefits intended for the child, such as selling or trading public benefits such as an Electronic Benefits Transfer (EBT), commodities, the child’s per capita, or the child’s disability or Social Security benefits;

(g) An unborn or nursing child whose mother is using alcohol or nonprescribed drugs to the extent that the fetus or child may be endangered;

(h) An unborn child whose mother is not receiving adequate prenatal care;

(i) A child who is an unreported runaway;

(j) A child who has excessive unexcused absences from school or a child who is not enrolled in a school program;

(k) A child who is expected to provide prolonged and unsupervised babysitting services; or

(l) A child who has been a passenger in an automobile, boat, or other motorized vehicle driven by a person under the influence of alcohol and/or drugs, with the knowledge of the child’s parent(s), guardian, or custodian.

(24) “Ongoing relationship” means any person who is not blood-related to the child but has had an established significant relationship with the child for a period of 12 months or since the child’s birth, whichever is shorter. These types of relationships may be demonstrated through photographs, testimony and/or child self-reports of a significant involvement with the child. This person need not have had custody or have provided for all of the child’s needs as a parent.

(25) “Parent” means a biological or adoptive mother, biological or adoptive father or an unwed father whose paternity has been acknowledged or who is otherwise established as a legal father. Parent does not mean a person whose parental rights to the child have been legally terminated or suspended.

(26) “Regularly published newspaper” means a newspaper authorized to publish a summons in the Superior Court of the State of Washington for Snohomish County or the See-Yaht-Sub.

(27) “Relative” or “family member” means any person who is the child’s parent, stepparent, grandparent, great-grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first, second, or third cousin, or anyone who has established a significant familial relationship with the child.

(28) “Risk” is defined as the likelihood of maltreatment occurring in the future. Risk assessment requires making a safety determination regarding the immediacy and severity of the risk.

(29) “Relative care” means the care of a child by a person who is a relative or family member.

(30) “Significant familial relationships” includes nonblood relationships within the community that are significant to a child. These types of relationships may be demonstrated through photographs, testimony and/or child self-reports of a significant involvement with the child.

Significant familial relationship can also be created through a relationship created as a result of a court process or placement. Such a relationship can be shown after the person has a relationship with the child lasting for at least one continuous year, or since the child’s birth, whichever is shorter, until the present, and in which the person has:

(a) Had physical custody of the child or has resided in the same household as the child;

(b) Supplied, or otherwise made available to the child food, clothing, shelter and incidental necessaries and provided the child with necessary care, education and discipline; and

(c) Through interaction, companionship, and mutuality, helped fulfill the child’s psychological needs for a parent as well as the child’s physical needs.

(31) “Tribes” or “Tribe” means the Tulalip Tribes.

(32) “Tulalip Indian Reservation” or “Tulalip Reservation” or “Reservation” means the territory established as the Tulalip Reservation by the Treaty of Point Elliott, January 22, 1855 (12 Stat. 927), and by the Executive Order of December 23, 1873, and other such lands as may be hereby added thereto under any law of the United States, except as otherwise provided by law.

(33) “Tulalip Tribes child” or “Tulalip child” means any child who is an enrolled member of, or is eligible for enrollment in, the Tulalip Tribes or whose parent is an enrolled member.

(34) “Youth-in-need-of-care” (YINC) means a dependent child who has been found by the Tribal Court to be abandoned, abused, or neglected, or is otherwise in need of Tribal services to prevent the breakup of the child’s family. [Res. 2018-346; Res. 2015-497; Res. 2015-101].

4.05.040 Best interest of child.

The best interest of the child shall be the focus whenever making decisions regarding a child. Best interest determinations are generally made by considering a number of factors related to the child’s circumstances and the parent, guardian or custodian’s circumstances and capacity to parent, with the child’s ultimate safety and well-being being the paramount concern. Whenever a “best interests” determination is required, the following factors shall be considered in the context of the child’s age and developmental needs:

(1) The physical safety and welfare of the child; including food, shelter, health, and clothing;

(2) The child’s sense of attachments, including: where the child actually feels love, attachment, and a sense of being valued (as opposed to where adults believe the child should feel love, attachment, and a sense of being valued);

(3) The child’s need for permanence, which includes the child’s need for stability and continuity of relationships with parent figures, siblings, and other relatives;

(4) The child’s background and community ties, including familial, cultural, friend, school, and religion;

(5) The least disruptive placement alternative for the child;

(6) The recognition that every family and child is unique;

(7) The exposure to violence in the home; and

(8) The risks associated with being in out-of-home care. [Res. 2018-346; Res. 2015-101].

4.05.050 Nonwaiver of sovereign immunity.

Nothing in this chapter shall be deemed to constitute a waiver by the Tulalip Tribes of its sovereign immunity for any reason whatsoever. [Res. 2018-346; Res. 2015-101].

4.05.060 Policies and standard operating procedures.

beda?chelh shall develop, promulgate, implement and enforce reasonable policies and standard operating procedures regarding the implementation of this chapter. [Res. 2018-346; Res. 2015-101].

4.05.070 Construction.

This chapter shall be construed in a manner that gives full effect to the purpose and scope of this code so as not to limit the jurisdiction of the Court over Tulalip Tribal children or its authority to act to protect the best interests of Tulalip Tribal children and families, and the integrity of the relationship to the Tribal community.

This chapter takes effect on the date by the Tulalip Board of Directors and does not extinguish any action that existed on, pending to, or prior to the effective date of this chapter, but the applicable law as of the date of the Board approving the new code shall be April 4, 2015. [Res. 2018-346; Res. 2015-226; Res. 2015-101].

4.05.080 Severability.

If any part, or parts, or the application of any part of this chapter is held invalid, such holding shall not affect the validity of the remaining parts of this chapter. The Tulalip Tribes Board of Directors hereby declares that it would have passed the remaining parts of this chapter even if it had known that such part or parts or application of any part thereof would be declared invalid. [Res. 2018-346; Res. 2015-101].

Article II. Tulalip Departments and Employees

4.05.090 Purpose.

Tulalip Tribes holds all Tribal departments, employees, volunteers and agents responsible for creating an environment that promotes the best interest of the child and cultivates the best future for the child. With this principle in mind, every person shall make it a priority to cooperate and collaborate with the agencies directly responsible for serving the needs of the children. All departments, employees, volunteers and agents are mandatory reporters (unless special exception is made) and shall treat children and families fairly. [Res. 2018-346; Res. 2015-101].

4.05.100 Tribal employees having regular contact with children.

The Tulalip Tribes shall conduct background checks on Tribal employees, volunteers and agents having regular contact with children periodically, which includes: Tribal, State and Federal criminal, CPS and character investigations of such employees or prospective employees, volunteers or agents who have regular contact with children. [Res. 2018-346; Res. 2015-101].

4.05.110 Responsibility of Tulalip Tribes regarding background and character investigations.

(1) Investigations for Employees and/or Volunteers. The Tulalip Tribes shall identify and delegate, with assistance by the department to which an application is addressed, the duty to conduct a complete character, administrative and criminal background check and make documented good faith efforts to contact previous employers of each applicant to obtain information and/or recommendations which may be relevant to such person’s fitness to be employed or to volunteer in a position involving contact with children.

(2) Criminal History Record Check for Emergency Placement.

(a) During an emergency situation when a child must be placed in out-of-home care, beda?chelh shall request a Federal name-based criminal history record check of each individual over the age of 16 residing in the home of the potential placement resource. Upon receipt of the results of the name-based check and if the child is placed in the home, beda?chelh shall provide a complete set of fingerprints of each resident over the age of 16 to the necessary database within 14 calendar days from the date the name search was conducted. Failure to provide fingerprints within the time frame required presumptively requires removal of the child.

(b) As used in this section, “emergency placement” refers to those limited instances when beda?chelh is placing a child in the home of private individuals, including neighbors, friends, or relatives, as a result of the sudden unavailability of the child’s primary caretaker.

(3) The Tulalip Tribes shall annually review its files to determine that the fingerprinting and other requirements of this article have been adhered to and shall report to the General Manager the results of the annual review. [Res. 2018-346; Res. 2015-384; Res. 2015-101].

4.05.120 Specific programs that work with children and the program’s role with children.

(1) beda?chelh. The primary objective of beda?chelh is safeguarding child welfare by working creatively to design integrated services promoting family and cultural preservation, health and resiliency in its children and families.

(a) In accordance with this belief, the priorities of beda?chelh are as follows:

(i) Secure for each child the mental, physical, educational, financial and emotional care and guidance that is in the best interest of the child and consistent with the customs, cultural values, and laws of the Tulalip Tribes;

(ii) Whenever possible, preserve and strengthen family ties and a child’s cultural and spiritual identity to help the child become a productive and well-adjusted community member.

(b) beda?chelh may include a variety of staff and service providers as required to address the needs and best interest of the child.

(2) Tulalip Child Placement Agency. The Tulalip Child Foster Care Agency is charged with recruiting, educating and licensing Tribal foster care homes consistent with Tribal and Federal law and as recognized by RCW 74.15.190. The Tulalip Child Placement Agency shall create policies and standard operating procedures consistent with this chapter, Tulalip laws and customs and Federal law.

(3) Child Advocacy Center. The Child Advocacy Center (CAC) is responsible for the coordination of the multi-agency investigation and intervention of child abuse allegations to minimize the number of interviews a child must undergo, to improve the quality of evidence collected and services provided to the child victim, to reduce any trauma associated with such an investigation, to improve the services that affected children and families experience and to overall provide a quality and effective intervention in child abuse cases.

(4) Tulalip Multi-Disciplinary Team. The Tulalip Tribes shall establish a Multi-Disciplinary Team (MDT) for the purpose of child protection and criminal investigation. Multi-Disciplinary Team meetings may be specific to criminal investigations or child protection investigations and process. The duties of the Multi-Disciplinary Team shall include the development and implementation of policies and procedures for providing oversight to review cases and technical assistance to those departments, agencies and individuals that interact with abused and neglected children in civil and criminal proceedings. [Res. 2018-346; Res. 2015-101].

Article III. Reporting and Investigating Abuse and Neglect

4.05.130 Purpose.

The care of a child is both a family and a Tribal responsibility. Any member of the Tulalip Tribes, employees, contractors, volunteers, agents and persons residing within the jurisdiction of the Tribes who have reason to believe that a child has been abused or neglected shall report the matter to the Washington State Child Protection Services hotline, 1-866-ENDHARM (1-866-363-4276). [Res. 2018-346; Res. 2015-101].

4.05.140 Mandated reporters.

Persons who reasonably suspect that a child has been abused, neglected, or abandoned shall report the matter to the Child Protection Services hotline, 1-866-ENDHARM (1-866-363-4276) for investigation. The Tulalip Tribes considers all employees, volunteers and agents of the Tulalip Tribes to be mandatory reporters unless special circumstances exist or the information has been obtained as a result of privileged communication. [Res. 2018-346; Res. 2015-101].

4.05.150 Anonymity.

A community member who files a report may remain anonymous. A mandated reporter may not unless exceptional circumstances exist. [Res. 2018-346; Res. 2015-101].

4.05.160 Immunity from liability.

All persons or agencies reporting in good faith, and with reasonable grounds, known or suspected instances of abuse or neglect shall not be subject to civil liability or criminal prosecution in Tribal Court. [Res. 2018-346; Res. 2015-101].

4.05.170 Sanctions for failure to report – Mandated reporter.

Any person who is required to report abuse or neglect under this chapter, or supervises someone who is required to report and knowingly fails to report abuse or neglect, or prevents that person from reporting the abuse or neglect, is subject to a civil fine not to exceed $5,000 or, if an employee of the Tribes, subject to a sanction under the Tulalip Tribal Government Employee Handbook. [Res. 2018-346; Res. 2015-101].

4.05.180 Investigation upon report.

(1) Protection of Child. It is the policy of the Tulalip Tribes that examinations and interviews of a child suspected of having been subject to abuse or neglect shall be conducted under such circumstances and with such safeguards as are designed to minimize additional trauma to the child. It shall be the responsibility of the departments involved in the investigation and/or prosecution of the alleged offenses to coordinate their interviews and intrusive examinations with respect to the child.

(2) Waiver of Parental Consent. Photographs, X-rays, medical examinations, psychological examinations, drug testing, interviews and forensic interviews of a child alleged to have been subject to abuse or neglect shall be allowed without parental consent if beda?chelh or law enforcement officials have reason to believe the child has been subject to abuse or neglect. The interviews may be conducted at school, the child’s day care facility or at other suitable locations outside the presence of parents or guardians.

(3) Role of beda?chelh. Upon receiving a report of alleged abuse and/or neglect of a child under this chapter, designated beda?chelh personnel shall investigate such allegations and have access and be provided copies within a timely manner, recognizing that time may be of the essence, of all records, reports, files, and other relevant information of the child from Tribal departments, clinics, child care facilities, and schools for the purposes of investigating abuse and/or neglect. These records may include but are not limited to health and medical records, school attendance records, disciplinary records, and other behavioral information that may be relevant to a dependency case. This information shall continue to be available throughout the course of an investigation or dependency case. At this stage, beda?chelh will make a determination as to whether the referral is credible, and if so, if the case is appropriate for prevention using a family centered intervention, or if the child is at imminent risk of harm requiring court intervention.

(a) beda?chelh shall make a referral to the proper law enforcement agency if at any point in their civil investigation of alleged abuse or neglect pursuant to this chapter, beda?chelh determines that the child may be a victim of a possible criminal law violation.

(b) The Child Advocacy Center shall be provided a copy of the CPS referral by beda?chelh and/or police report, regarding suspected abuse, neglect or abandonment of a child, as soon as it is available.

(c) Records covered by this section shall be kept in accordance with TTC 4.05.430, Confidentiality.

(4) Role of Tulalip Tribal Police (TPD). The TPD is an integral part of the MDT and has a direct responsibility in identifying and reporting incidents of when a child is suspected to be abused, neglected or abandoned. The Tulalip Police Department shall:

(a) If during the course of any police investigation, child abuse or neglect is suspected, TPD shall immediately report any child abuse or neglect to the Child Protection Services hotline, 1-866-ENDHARM (1-866-363-4276).

(b) Provide protection and assistance in the removal and placement of children on request by beda?chelh or authorized child protection and placement agency personnel.

(c) Take immediate custody of a child if the officer suspects that the child’s health, safety, and welfare will be endangered if the child is not taken into protective custody. The officer shall immediately contact beda?chelh to discuss emergency placement options. If beda?chelh is not available, the officer shall request assistance from the Washington State Child Protection Agency.

(d) Perform child welfare checks upon reasonable request by beda?chelh or the CAC.

(e) Work collaboratively with other appropriate disciplines to provide information when children are identified as being, or at risk of being, abused, neglected or abandoned. [Res. 2018-346; Res. 2015-101].

Part 2

Article IV. Prevention Using a Family Centered Response

4.05.190 Purpose.

“Prevention” refers to the approach or techniques used by those individuals or teams who respond to situations involving suspected child abuse, neglect or abandonment. Prevention and assessment are the first steps in strengthening the family and its resources. [Res. 2018-346; Res. 2015-101].

4.05.200 Assessment of risk.

beda?chelh must first determine, through an assessment, whether child abandonment, abuse or neglect is likely to occur again, and then determine if the child can safely remain in the house based on the child’s age, individual and special needs and capabilities. In evaluating a family, the child’s safety is the most important factor. If safety cannot be assured in the home, then the child must be removed for his or her own safety. beda?chelh, in consultation with the MDT, shall use available tools to assess risk specific to the incident involved. With such understanding, prevention workers can more adequately assess risk to the child or children and develop an appropriate plan.

(1) While meeting with the family, a prevention worker shall make an assessment based on:

(a) The events that precipitated the crisis;

(b) The nature of the family interactions and conditions;

(c) How to best leverage family strengths and assessing the family’s perceived social or emotional and financial needs; and

(d) Whether there are any previous reports of abuse or neglect.

(2) Once risk is assessed and child safety is determined:

(a) To not be imminent, but determined to be low to moderate risk of further harm, then the family may be referred for services using voluntary Family Assessment Response.

(b) To be imminent harm or continuing risk, then appropriate action will be to move to court intervention. [Res. 2018-346; Res. 2015-101].

4.05.210 Voluntary Family Assessment Response (FAR) and voluntary placement of children.

The voluntary Family Assessment Response (FAR) intervention is available when there is a low to moderate risk of harm, imminent danger, or subsequent abuse to the child(ren). This intervention team is comprised of beda?chelh case managers and personnel who practice solution-based casework by assessing a family’s needs and strengths, by delivery of concrete and supportive services and by focusing on child safety. [Res. 2018-346; Res. 2015-101].

4.05.220 Voluntary FAR plan.

As part of the intervention process, beda?chelh FAR team members in consultation with stakeholders, including family members, shall design a voluntary FAR plan to provide the necessary services and support to remedy any issue that impacts child safety and well-being. [Res. 2018-346; Res. 2015-101].

4.05.230 Voluntary placement of child.

If the child is voluntarily placed outside of the home, he or she cannot remain out of the home for more than 45 days unless a court action is commenced, or all parties agree to another 45 days in writing. The voluntary placement may be revoked by the parent or guardian in writing at any time and the child will be immediately returned to the parent’s care unless beda?chelh obtains a protective custody order and initiates a youth-in-need-of-care action. If the child is placed out of the home under a voluntary FAR, a notarized letter signed by the parent, legal custodian or guardian granting the custodian rights to provide emergency medical care and the limits or extent of the custodian’s decision-making authority on behalf of the child will be required. [Res. 2018-346; Res. 2015-101].

4.05.240 Role of beda?chelh FAR.

The beda?chelh FAR team should make contact with FAR eligible families within 72 hours of a determination that the family situation is appropriate and discuss the FAR option with them. If the family is agreeable beda?chelh should immediately complete an assessment and begin to develop a voluntary FAR plan for the family. The plan should include the necessary services and support to remedy issues that impact child safety and well-being, while also reflecting the needs and strengths of the family while striving to provide for the preservation of the family unit. Within five days of the completion of the family assessment beda?chelh should meet with the family to discuss recommended services. beda?chelh shall be responsible for ongoing monitoring of this process.

A Family Team Decision Meeting shall be set up as soon as practical to work towards a solution and to identify the support for the family. Statements made at this meeting are not admissible as evidence at any proceeding unless all parties agree, but the terms of any voluntary FAR plan agreed to in writing at this meeting are admissible as evidence should a court proceeding be necessary. [Res. 2018-346; Res. 2015-101].

4.05.250 Referral for investigation purpose and scope.

If a family does not agree to enter a voluntary FAR plan, refuses to engage in the services recommended, or circumstances change that warrant further investigation or action, the case may be transferred for investigation and possible court action. [Res. 2018-346; Res. 2015-101].

4.05.260 Intervention with expectant mothers.

Reserved. [Res. 2018-346; Res. 2015-101].

Part 3

Article V. Tribal Court – General Provisions

4.05.270 Jurisdiction.

There shall be a preference for beda?chelh to engage families outside of the court process through voluntary intervention processes such as FAR. If court intervention or removal is necessary, beda?chelh shall work towards returning the child as soon as is practical and safe for the child. A parent may also voluntarily consent to court intervention.

(1) The Tulalip Tribal Court shall have jurisdiction over any proceeding arising under the Juvenile and Family Code and actions arising under the customs and traditions of the Tulalip Indian Tribal community affecting family or child welfare which involve:

(a) Any Indian child who resides or is domiciled on the Tulalip Reservation;

(b) Any child who is a member of, or is eligible for membership in, the Tulalip Tribes, regardless of the child’s residence or domicile;

(c) Any Indian child who has been placed in temporary care on the Tulalip Reservation or in any care facility licensed by the Tribes for placement of an Indian child; or

(d) Any child whose parent is an enrolled member of the Tulalip Tribes.

(2) The Tulalip Tribal Court shall have jurisdiction over adults in furtherance of its powers under this code. The Court may issue orders as are necessary for the welfare of children and families.

(3) Whenever State, Federal, or other tribal courts have jurisdiction over any of the matters provided for in this code, the Court shall have concurrent jurisdiction over the same matters, to the extent consistent with Federal law.

(4) The limitations on jurisdiction contained in this section are not intended to reflect the Tribes’ view as to the legally permissible limits of jurisdiction. [Res. 2018-346; Res. 2015-101].

4.05.280 Intervention as a party.

(1) Who May File as a “Legal Intervener.” The Indian child’s tribe or tribes, any relative, or other person who has established a significant familial relationship with the child may file a motion for intervention with the Court.

(a) Any relative or someone with a significant familial relationship with the child may be granted permissive intervention to be evaluated consistent with TTC 2.10.060 and as long as intervention is in the best interest of the child.

(2) A child’s tribe or tribes may intervene as a matter of right at any point in the proceedings.

(3) Rights of Intervener. The Court shall determine, in the best interests of the child, what rights similar to those of a party should be extended to an intervener. Absent a showing of good cause, the rights of an intervener, other than an Indian tribe, shall be limited to notice of hearings and the ability to attend hearings regarding the child, and to present motions and make written and oral statements to the Court. If good cause is found to expand the rights of an intervener, these rights may include, but are not limited to: the rights of discovery, counsel at their own expense, examination of the record and witnesses, placement, and visitation.

(4) Denying Intervention. If the Court denies intervention, but determines that an ongoing personal relationship exists and that visitation or contact rights are in the child’s best interest and are consistent with beda?chelh policy, the Court may grant visitation or contact rights to the person having the ongoing relationship. The Court may order temporary visitation rights under this section pending further order.

(5) Dismissal of Motion to Intervene.

(a) Other than by a tribe, a motion for intervention shall be dismissed unless the intervener’s motion provides proof of the existence of a significant familial relationship with the child or that they are the child’s relative. The motion to intervene must also allege facts to support that the intervention is in the best interests of the child.

(b) A motion for intervention by the child’s tribe may be dismissed only if the Court determines by clear and convincing evidence that intervention by the tribe is not in the best interest of the child. [Res. 2018-346; Res. 2015-497; Res. 2015-101].

4.05.290 Transfer of jurisdiction.

(1) General Rule. It shall be the practice of the Tribes to request transfer of a Tulalip child who is the subject of a State dependency proceeding to the Tulalip Tribal Court, pursuant to the Indian Child Welfare Act (ICWA), except when good cause exists to the contrary.

(2) Transfer of Case to Tulalip Tribal Court.

(a) beda?chelh on its own or at the request of either parent of a child who is subject to the jurisdiction of the Tulalip Tribal Court may file a petition with the Court to accept transfer of a case from another court. The Tulalip Tribal Court may accept or decline transfer by ex parte order.

(b) Cases transferred to Tulalip Tribal Court shall be accepted in the status received; legal and factual determinations made by a court prior to transfer of a case to the Tulalip Tribal Court shall not be judicially reviewed or redetermined unless the determinations made are in violation of Tribal law and/or policy.

(3) Transfer of a Case from Tulalip Tribal Court. Unless otherwise expressly provided in this chapter, the Court may transfer jurisdiction over a child to another court of competent jurisdiction upon motion.

(a) A party opposing transfer may object in writing to such order, requesting the transfer order be stayed, and, within 14 days of the Court Clerk’s receipt of such written objection, the Court shall conduct a hearing to determine whether such transfer should take place.

(b) The transfer shall be subject to declination by the other court of competent jurisdiction. The other court shall have 30 days to affirmatively respond to a motion or order transferring jurisdiction. A failure to respond within the 30-day period shall be construed as a declination to accept transfer of the case.

(c) The Tulalip Tribal Court shall continue to exercise jurisdiction over a child during the pendency of any transfer under this chapter.

(4) There is a presumption that transfer to, or retention of, jurisdiction by the Tulalip Tribal Court is in the best interest of a child absent other evidence. [Res. 2018-346; Res. 2015-101].

4.05.300 Consolidation.

Proceedings involving two or more children may be heard at one consolidated hearing when the factual basis for jurisdiction is the same or similar, or for the convenience of all parties. Separate case plan and review hearings may be held, if it is reasonable to do so. A legal guardianship or customary adoption proceeding shall have its own cause number, but any hearing may be consolidated with the underlying dependency. [Res. 2018-346; Res. 2015-101].

4.05.310 Notice of hearings.

Except as otherwise provided in this chapter, every document which is required or allowed to be served on a person shall be served consistent with TTC 2.10.030(2). [Res. 2018-346; Res. 2015-101].

4.05.320 Civil rules of Tribal Court.

Chapter 2.10 TTC, Civil Rules of Tribal Court, shall apply unless otherwise provided within this chapter. [Res. 2018-346; Res. 2015-101].

4.05.330 Reports.

Whenever a report is required for a hearing, it shall be filed and served on the parties 10 days prior to the court hearing, unless otherwise noted. Any party objecting to the report may file a motion with the Court and the hearing may be continued for a short period of time. [Res. 2018-346; Res. 2015-101].

4.05.340 Contempt.

(1) Any person who fails to obey a court order or subpoena may be cited by the Court to appear and show cause why s/he should not be held in contempt of court. If the Court finds contempt of court, the person may be subject to appropriate sanctions.

(2) No Court records or other confidential information shall be viewed or disseminated except as provided herein. Any person who receives or views documents or other information pursuant to this provision shall maintain the confidentiality of such information. Failure to abide by this restriction shall constitute contempt of court or, if an employee of Tulalip Tribes, may be a violation of the Tulalip Tribal Government Employee Handbook.

(3) If an intervener violates confidentiality, then a hearing shall be set to determine whether that status should be revoked and sanctions imposed. [Res. 2018-346; Res. 2015-101].

Article VI. Rights and Responsibilities

4.05.350 Child’s rights.

A child within the jurisdiction of the Tulalip Tribes has the right to be treated with dignity and respect and to be in a safe and supportive environment free from abuse and neglect. [Res. 2018-346; Res. 2015-101].

4.05.360 Court responsibility to make accommodations to help children testify.

The Court shall create court rules to protect a child and recognize their rights in all court proceedings; scrupulously take into consideration the traumatic effect of testifying, facing a respondent or defendant, and of being subject to cross-examination. A child is not required to testify unless accommodations are provided. Such accommodations may include but are not limited to: providing a child-friendly oath, rearranging the courtroom so that the child does not sit near or is not within direct line of sight of the offender during questioning, creating a safe and comfortable area for a child witness to wait before testifying, and allowing the child to hold a comfort item during his/her testimony. In addition, if a properly registered therapy animal is available, with a handler in attendance, it may be allowed to assist a child requesting such while testifying. [Res. 2018-346; Res. 2015-101].

4.05.370 Court testimony of a child in chambers or by videotape.

The Court, upon its own motion, or upon the motion of any party, may take testimony from any child appearing as a witness and may exclude the child’s parent(s) or guardian(s) and other persons if the Court finds such action would be in the best interests of the child. In lieu of testimony and upon written motion, the Court may review a recorded forensic interview in chambers. [Res. 2018-346; Res. 2015-101].

4.05.380 Parent or guardian’s rights.

Parents and guardians have the right to be treated in a respectful manner at all times. [Res. 2018-346; Res. 2015-101].

4.05.390 Parent or guardian’s responsibilities.

(1) Case Plan. The Court may order the parent submit to services and other requirements.

(2) Support and Other Related Costs. Parents or guardians have an obligation to support or provide support for his or her child at all times unless parental rights or guardianship have been legally terminated or suspended.

(3) Duty to Keep the Court and beda?chelh Updated on Address Changes. If the parent or guardian has a change of address during the pendency of proceedings under this chapter, the parent or guardian must inform beda?chelh, the Court and/or the agency involved with the family. [Res. 2018-346; Res. 2015-101].

4.05.400 Rights of parties in court proceedings.

(1) Except as otherwise expressly provided in this chapter, all parties shall be entitled to notice consistent with TTC 2.10.040 and the following rights in every proceeding under this chapter, notice of which shall be provided at each party’s first appearance.

(a) The right for each person to have an attorney or spokesperson represent them at the proceeding, but that they may have to pay for such representation.

(b) If a party appears at a proceeding without counsel, the Court shall advise the party of the right to request a continuance of the proceeding in order to seek counsel, and upon such request, the Court may continue the proceeding for a reasonable period of time.

(c) If it appears that the party cannot pay for counsel, the Court shall inform him or her of any available services which provide representation.

(d) The opportunity to introduce, examine, and cross-examine witnesses.

(e) The opportunity to discover, offer, and inspect evidence.

(f) The opportunity to present arguments and statements.

(g) A party need not be a witness against him/herself if there is a pending criminal case related to the dependency.

(2) There is no right to trial by jury during any proceeding conducted pursuant to this chapter. [Res. 2018-346; Res. 2015-101].

4.05.410 Attorney, guardian ad litem or CASA for child.

The Court, at any stage of a youth-in-need-of-care proceeding, may appoint an attorney, a guardian ad litem or CASA, for a child who has no parent, guardian, or custodian appearing on behalf of the child, or whose interests conflict with the interests of parents, guardians, or custodians, or when it appears to the Court that the child’s best interests warrant such an appointment. At the time of appointment, the Court shall enter an order specifying the rights, duties and term of appointment. [Res. 2018-346; Res. 2015-101].

4.05.420 Records maintenance and protection.

(1) Court Records. A record of all hearings under this chapter shall be made and preserved. All Court records included within this section shall be kept in a secure place by the Tribal Court Director, and shall be released only pursuant to procedures developed by Court rule. No other release of information shall be permitted without an order of the Court.

(2) Secure Placement. All records in beda?chelh’s possession, related to a beda?chelh case or beda?chelh civil investigation of alleged abuse, neglect or abandonment shall be kept in a secure place and shall be released only pursuant to procedures developed by beda?chelh policy.

(3) Destruction of Records. All Court records of the child shall be sealed and, excepting adoption records, physical files may be destroyed so long as electronic files are permanently and securely maintained. [Res. 2018-346; Res. 2015-101].

4.05.430 Confidentiality.

(1) All beda?chelh case files, beda?chelh CPS investigation files, Child Advocacy Center records, Court records, files, documents, and other related information associated with a child are confidential and are not accessible for inspection except as follows:

(a) By a law enforcement agency or child protective agency for the purpose of MDT collaboration and subsequent investigation or prosecution of a case in which the child is a victim or subject of an alleged crime. If the requesting agency is outside of the Tulalip Tribes, release of the records may be made only pursuant to court order and shall contain protections from further dissemination;

(b) By the attorney of record for the child for use in a dependency proceeding involving the child;

(c) By the child, the child’s parent or legal guardian, CASA or guardian ad litem, or by the attorney of record, for use in a dependency proceeding involving the child, with limited exception defined by Court rule;

(d) By Court personnel assigned to these proceedings;

(e) By Court-approved interveners;

(f) By the Enrollment Department, provided such access shall be limited to information relevant to determining an individual’s enrollment status or eligibility for enrollment, and information necessary for carrying out other Enrollment Department functions, such as maintaining records pertaining to minor’s per capita payments;

(g) beda?chelh shall share referrals of child abuse, neglect or abandonment with the Child Advocacy Center, Tulalip Police Department, or the Prosecutor’s office for MDT collaboration and so that services may be offered to the children in these cases in which the child is a victim or subject of an alleged crime;

(h) beda?chelh may share case-related information and referrals about the parents with family members involved in Family Team Decision Meetings, placements of the child, or for other case planning purposes, but first the person receiving the information shall sign an agreement to not further disclose the information. beda?chelh can share child specific information with the placement as necessary for the care and well-being of the child and consistent with the best interest of the child.

(i) In no case may information by any department of the Tribes related to or containing information regulated by the Health Insurance Portability and Accountability Act (HIPAA) be released without a signed release of information or court order.

(2) Closed Courtroom. Hearings and proceedings under this code shall be private and closed. Only those persons the Court determines to have a legitimate interest in the proceedings may be present. Those who are allowed to remain may not disclose any information learned from the court proceedings; otherwise they may be found to be in contempt of court. [Res. 2018-346; Res. 2015-101].

4.05.440 Use of reports in youth-in-need-of-care proceedings.

For the purpose of establishing that a child is a youth-in-need-of-care, determining proper disposition of a case, and/or periodically reviewing the child’s and family’s progress, written reports and other materials relating to the parent or guardian or child’s mental, physical, educational, and social history and condition may be required by the Court, may be received in evidence, and may be considered by the Court along with other evidence, but the Court may require that the person who wrote the report or prepared the material appear as a witness if that person is reasonably available.

Reports prepared by guardians ad litem or CASAs shall be provided to parties pursuant to terms of a Court order. [Res. 2018-346; Res. 2015-101].

4.05.450 Assessments, evaluations and examinations.

The Court may order a medical, dental, psychological, psychiatric, sexual deviancy evaluation, therapist report, bonding assessment or other professional examination of a child or any other party or person if it is relevant to the issues before the Court. Such examination shall be paid for by the parties if they can afford it, and if not, beda?chelh will request funds from the State and if those are not available, then as a last resort, by the Tribes; provided, that the Tribes shall not be required to pay for such examinations and/or evaluations unless the funds have been appropriated to do so. The results of these reports shall be the property of beda?chelh and filed under seal. These reports may not be released without a court order. Only the parties to the case or their attorney may motion the Court to review their sealed reports. Outside agencies may not access these reports for any purpose. [Res. 2018-346; Res. 2015-101].

4.05.460 Right of access to records.

Any child who has been the subject of proceedings under this chapter has the right, upon reaching the age of majority, to review the Court’s entire file on these matters subject to redaction of names or the rights of confidentiality of some documents under Federal or Tribal law. [Res. 2018-346; Res. 2015-101].

4.05.470 Payment of fees and expenses.

There shall be no fee for filing a petition under this chapter nor shall any fee be charged by any Tribal officer for the service of process or for attendance in Court in any such proceedings. [Res. 2018-346; Res. 2015-101].

Article VII. Court Dependency Case

4.05.480 Petitions alleging that a child is a youth-in-need-of-care.

(1) A dependency case is started by beda?chelh filing a petition, with a sworn declaration, alleging that the child is a youth-in-need-of-care and asking the Court to order:

(a) Emergency pickup of a child and preliminary inquiry hearing; or

(b) Preliminary inquiry hearing; or

(c) Transfer jurisdiction of a child to Tribal Court.

(2) The petition shall set forth, in ordinary and concise language, the following facts as are known:

(a) The full name, residence, date and place of birth, sex of child, and Tribal status;

(b) The names and residences of the child’s legal parents, guardians, or custodians. In addition, the names and residences of putative fathers, if any;

(c) The facts upon which the allegations are based, and which, if true, would bring the child within the jurisdiction of the Court as set forth in this chapter. Such recitation shall include, but not be limited to, the date, time, and location where the alleged facts occurred, and the names of any alleged witnesses, as well as all other information upon which the petitioner relies to form a belief that the child is within the jurisdiction of the Court;

(d) Whether, and if so where, there is a custody proceeding involving the child pending in another court; and

(e) If the child is in placement out of parental or guardian care, the time and date the child was placed, the location of the child if not confidential, the reasons the child has been placed out of parental or guardian care, and the active efforts made by beda?chelh to prevent or negate the need for removal of the child.

(3) The petition and supporting documentation must be served on the parent or guardian, and if the child is in custody at the time the child is removed, on the entity with custody other than the parent. Failure to effect service does not invalidate the petition if service was attempted and the parent or guardian could not be found.

(a) Notice shall be served on:

(i) Any person the parties or the Court deems necessary for proper adjudication; and

(ii) If the child is not enrolled in the Tulalip Tribes, any tribe the child is enrolled in or is eligible for enrollment.

(b) Service shall be consistent with TTC 2.10.030(2), with the exception that as a party, beda?chelh may serve the parents or guardians with the pleadings.

(4) Attendance of Parent(s) or Guardian(s). If the child’s parent(s) or guardian(s) or custodian are not present at the preliminary inquiry hearing, the Court shall determine what efforts have been made to serve them with the petition and supporting documents. If reasonable efforts have been made, the Court may proceed with the hearing in their absence.

(5) Dismissal of the Petition. The Court may dismiss a petition at any stage of the proceedings with good cause shown. [Res. 2018-346; Res. 2015-101].

4.05.490 Protective custody.

(1) A child may be taken into protective custody by a law enforcement officer, a representative of beda?chelh or State CPS.

(2) Protective custody of the child under this chapter shall terminate in 72 hours excluding Saturdays, Sundays, and holidays unless a petition and declaration has been filed and the Court has issued an order granting legal custody of the child to the Tribes.

(3) Protective custody of a child is authorized if:

(a) A law enforcement officer or a beda?chelh case manager has probable cause to believe:

(i) The child is in need of care, and that the child’s health, safety, and welfare is in imminent risk of harm if the child is not taken into custody; and

(ii) That the child is within the jurisdiction of the Court; and/or

(b) The Court has issued a protective custody order. If the Judge cannot be present on the Reservation, a protective custody order may be transmitted by the Judge via telephone, computer, or fax.

(4) The Court’s dependency jurisdiction shall be in effect at the time the child is taken into protective custody, with or without court order.

(5) At the time the child is taken into protective custody, or as soon thereafter, the person taking the child into custody shall make reasonable efforts to notify the child’s parent(s), guardian(s), or custodian(s) within a 24-hour time frame.

(6) The person taking the child into protective custody shall release the child to the physical custody of the child’s parent, guardian or other responsible person if:

(a) Safeguards are in place which make it reasonable to believe that the child is no longer in imminent risk of harm while in the parent’s, guardian’s, or custodian’s physical custody; or

(b) The parent, guardian, or custodian is not the person from whom the child was removed, and is a safe resource.

(7) A child who cannot be released to a parent, guardian, or custodian shall be placed, pending the preliminary inquiry hearing, according to the placement provisions set forth in this chapter. [Res. 2018-346; Res. 2015-101].

4.05.500 Protective custody order.

(1) The Court shall issue a protective custody order if the Court finds probable cause to believe that a child within the Court’s jurisdiction is a youth-in-need-of-care, and that the child’s health, safety, and welfare will be in imminent harm if the child is not taken into protective custody and may adopt the alleged facts of the petition by reference.

(2) The protective custody order shall specifically name the child to be taken into custody. It shall state the time and date issued, the place where the child is to be taken, and the name of the person or persons authorized to take the child into custody. The order shall be signed by a Judge or Magistrate.

(3) The order shall be served as soon as practical. A child taken into custody under such an order may be held until the conclusion of the preliminary inquiry hearing, or as ordered by the Court. [Res. 2018-346; Res. 2015-101].

4.05.510 Preliminary inquiry hearing.

The preliminary hearing shall be held within 72 hours, excluding Saturdays, Sundays, and holidays, of the signing of the protective custody order or of the child being placed in protective custody. Findings to be made by the Court shall include:

(1) The Tribal status of the child.

(2) If law enforcement or beda?chelh has taken a child into protective custody without a court order, whether there is probable cause to believe the child is in need of care.

(3) Whether the child(ren) can be immediately and safely returned home.

(a) Challenges at this hearing shall be limited to the need or lack of need for out-of-home placement, which all parties may provide testimony for if necessary. If law enforcement or beda?chelh has taken a child into protective custody without a court order, at this hearing parties may also provide testimony to contest probable cause determinations made by beda?chelh and/or law enforcement which lead to the child being taken into protective custody. Challenges to the facts alleged in the dependency petition shall be reserved for the adjudicatory hearing.

(b) The Court, in its discretion, may direct parties to resolve conflicts regarding placement to mediation or an FTDM facilitated by beda?chelh. The Court may order this in lieu of or in addition to taking testimony from parties regarding the need or lack of need for out-of-home placement.

(4) Case Plan on Finding of Probable Cause. If the Court determines there is probable cause to believe the child is a youth-in-need-of-care, the Court may:

(a) Continue the petition, grant legal custody of the child to the Tribes, and place the child in the physical custody of the parent, guardian, or custodian, and set an adjudicatory hearing; or

(b) Continue the petition, grant legal custody of the child to the Tribes, and place the child in a beda?chelh approved placement, and set an adjudicatory hearing; or

(c) Affirm any other reasonable plan supported by the evidence, including but not limited to the postponement of proceedings, mediation, or a plan agreed to by the parties; and

(d) If the child is placed in out-of-home care, the Court shall set out in detail the visitation which beda?chelh will provide between the child and parent, guardian, or custodian, and relatives, if appropriate. Visitation is to provide for time for the parent/guardian/child relationship to continue.

(5) Interim Services. Determining whether voluntary compliance with beda?chelh recommended services, while further proceedings are being considered, are in the best interest of the child and family. The Court may issue any of the following orders: restraining orders; evaluation and treatment of substance abuse, mental illness, and emotional disturbance; parenting classes; mandatory school attendance; visitation; and any other services or activities for the benefit of the child and his/her family. The Court may make a particular placement conditional on compliance with any of its orders.

(6) Per Capita Distribution. The Court shall order all of the child’s per capita distribution to be directed into their trust account for the duration of the dependency case.

(7) Adjudicatory Hearing. The Court shall set the date for the adjudicatory hearing. The hearing shall be within 45 calendar days from the date the petition alleging that the child is a youth-in-need-of-care was filed or the child was placed in protective custody. If the parent(s), guardian(s), or custodian(s) is not present at the preliminary inquiry hearing, a notice of adjudicatory hearing shall be served upon the parent(s), guardian(s), or custodian(s) as required by this chapter.

(8) Update to the YINC Petition. beda?chelh may file an update to the petition, including new information, within 21 days of the preliminary inquiry hearing. If available beda?chelh may include in the update the proposed case plan as outlined below.

(9) Answer to the Petition. A written answer to a petition shall be made by each respondent and shall be filed and served upon beda?chelh, or the Office of Reservation Attorney on behalf of beda?chelh, no later than 14 days prior to the adjudicatory hearing.

(10) At the preliminary inquiry hearing beda?chelh shall set and provide notice to family of the date and time for a Family Team Decision Meeting, which shall be held within five days of the hearing. [Res. 2018-346; Res. 2016-096; Res. 2015-497; Res. 2015-101].

4.05.520 Placement priorities and preferences.

(1) When a youth-in-need-of-care child who is in the legal custody of beda?chelh, and cannot be returned to a parent, guardian, or custodian, beda?chelh shall consider foremost the best interests of the child. The child(ren) will be placed in the temporary physical custody of one of the following, in order of preference and priority:

(a) Relatives or with a person who would qualify as having a significant familial relation with the child as defined within this chapter;

(b) Private Tribal home, licensed or approved by beda?chelh;

(c) Private other Native home, licensed or approved by beda?chelh on the Reservation;

(d) Private non-Native home, licensed or approved by beda?chelh on the Reservation;

(e) Private other Native home, licensed or approved by beda?chelh off the Reservation;

(f) Private non-Native home, licensed or approved by beda?chelh off the Reservation; or

(g) In an emergency placement, however, beda?chelh shall continue to attempt to locate a family member or Tribal home for the child consistent with subsections (l)(a) and (b) of this section.

(2) Notwithstanding the above, beda?chelh, with good cause shown, shall have the discretion to place the child in a placement that serves the best interests of the child; this placement may include a confidential placement, the location of which will be disclosed only to the Court, or a specialized home to address special needs of the child.

(3) A child shall be placed in as close proximity to the parent or guardian as possible to facilitate and encourage visitation and reunification unless such placement is not in the best interest of the child.

(4) A child shall be placed in the least restrictive placement available to meet the child’s treatment needs; preference for placement shall be on or near the Tulalip Reservation so that the child can participate in all cultural events available and have access to family members.

(5) Placement of a child shall be contingent on the person’s written agreement to accept the jurisdiction of the Tulalip Tribal Court and to cooperate fully with beda?chelh.

(6) In cases where a child has been with a placement, outside the placement preference, for a period of more than one year, and if a significant familial relationship can be shown, presumably the placement is in the best interests of the child. beda?chelh shall be required to demonstrate by a preponderance of evidence that any change of placement from this placement is in the child’s best interest, except for returning the child to their parent(s) or guardian(s). [Res. 2018-424; Res. 2018-346; Res. 2015-497; Res. 2015-101].

4.05.530 Adjudication.

(1) The adjudication is a court hearing to determine whether continued court jurisdiction is necessary. At the adjudicatory hearing, the Court will determine the following:

(a) beda?chelh shall have the burden of proof to prove the child is a youth-in-need-of-care by a preponderance of the evidence;

(b) Presumption for Child to Be in In-Home Care. The child shall be placed in in-home care unless beda?chelh proves by clear and convincing evidence that removal or continuing to remain in out-of-home placement is in the child’s best interest. In making this determination, the Court shall consider the services that the parent or guardian has participated in or completed since the dependency action was filed as well as any change of circumstances;

(c) Whether beda?chelh has made active efforts to the family.

(2) If the child is adjudicated to be a youth-in-need-of-care, then the Court shall set a status review hearing within 60 days of the adjudicatory hearing or the case plan hearing, whichever is later, and a permanent plan hearing within one year of the date of removal of the child.

(3) beda?chelh shall set and provide notice to family of the date and time for a Family Team Decision Meeting, which shall be held within five days of the adjudicatory hearing. [Res. 2018-346; Res. 2015-497; Res. 2015-101].

4.05.540 Court ordered case plan.

(1) Purpose. The case plan shall be designed for each individual family and shall recommend services appropriate to alleviate the safety concerns alleged in the petition with the goal of reunifying the family.

(2) Scope. The case plan can be established at the adjudicatory hearing or a hearing to be held within 10 days of the entry of the adjudicatory order. The case plan shall contain all necessary services. No new services may be added to the case plan without a hearing and either a finding that a substantial change of circumstances has occurred, or newly discovered evidence that would support good cause to order additional services.

(3) Content. The case plan report shall be filed and served 10 days prior to the adjudicatory hearing and contain the following recommendations:

(a) Placement. The preference for placement shall be with the parent, guardian or custodian unless beda?chelh shows by clear and convincing evidence why returning the child would not be in the child’s best interests. In all cases beda?chelh shall provide:

(i) A plan for out-of-home placement of the child and what steps may need to be taken before the parent or guardian and child can be reunified; or

(ii) A plan for in-home placement and what services need to be done or continued to maintain the child safely in the home.

(b) Services and Conditions Set by the Court. The services and conditions or restrictions which the Court may set upon a child, parent, guardian, custodian, or any other person shall be designed to improve the circumstances of the child, remedy the safety concerns that gave rise to the dependency case and work towards reunifying the family. All services should be unique to the parental and family needs and the circumstances of the case.

Services necessary to return the child to, or maintain placement with, a parent or guardian, may include the following (not an exhaustive list): medical evaluation; drug and alcohol evaluation; assessment and treatment of psychological/psychiatric condition; domestic violence education classes; domestic violence treatment for perpetrators; sexual deviancy evaluation; compliance with protection orders; parenting classes; mandatory school attendance; visitation; cooperation with beda?chelh; compliance with a case plan and/or service agreement; and cooperation with, and participation in, any and all services in which the child is engaged, including on-site residential or institutional services; entry of a custody order; or other requirements in the discretion of the Court that are in the best interest of the child.

(c) Visitation. beda?chelh shall make every effort to facilitate frequent and consistent visitation with parent or guardian, whether in person, on the phone, over Skype, or by text. Visitation should be in the least restrictive means possible so long as it is safe for the child. Visitation will be suspended if it is not in the best interest of the child. If the child is placed out of parental or guardian care, beda?chelh will provide visitation between the child, siblings and relatives or persons with significant familial ties, as appropriate. [Res. 2018-346; Res. 2015-101].

4.05.550 Agreed adjudicatory orders.

The parties may agree to a proposed adjudicatory order in which respondents stipulate that there are sufficient facts alleged in the petition for the Court to find the child is a youth-in-need-of-care. Prior to signing the order, the Court shall ensure the parent or guardian understands what he or she is signing and what rights he or she is giving up by determining the following:

(1) Explain the proposed agreed order in detail and the consequences of the person’s failure to comply with the agreed terms;

(2) Assure that the person’s consent to the proposed order is not the result of coercion, threat, duress, fraud, overreaching, or improper promise on the part of any person;

(3) Explain that the Tribes has the burden of proving the allegations within the petition and that they do not have to agree to the terms of the order; and

(4) Explain that once the person agrees to the proposed order and it is signed and entered by the court, that it is a final order. [Res. 2018-346; Res. 2015-101].

4.05.560 Agreed deferred adjudicatory order.

At a conference, or at another appropriate time and place, an alternative to the adjudicatory hearing, an agreed deferred adjudicatory order, may be discussed. If such an agreement is satisfactory to the parties, it will be presented to the Court.

(1) Written Agreement. The agreed order shall be reduced to writing and signed by the parties and shall state the conclusions reached as a result of the conference, specifying in detail what is expected of beda?chelh and the parties entering into the agreement. Each party will receive a copy of the signed agreement which should include a statement that the agreement has been read to the parties and that they understand the requirements and consequences of the agreement.

(2) Stipulations and Forfeit of Right to an Adjudicatory Hearing. The written agreement may include stipulations concerning the admissibility of the beda?chelh Declaration for Emergency Pick-Up or the preliminary inquiry hearing record. The parties entering into the agreement shall give up their right to an adjudicatory hearing.

(3) Court Order. The Court shall enter an order continuing the petition and adopting the agreed order.

(4) Court Postponement of Findings. Upon acceptance of the agreement of the parties and the written agreed order, the Court will continue protective custody of the child, but will postpone entering adjudicatory findings, and will postpone making the child a ward of the Court.

(5) Time Limit. The agreed order will be in effect no longer than six months, except upon order of the Court.

(6) Review, Continuation, Dismissal, Adjudication, or Extension. beda?chelh shall, with the family if possible, review and document the family’s progress at least every 30 calendar days. If, at any time after the initial 30-calendar-day period, but before the expiration of six months, beda?chelh concludes that the party entering into the agreement is fully compliant, and it is in the best interests of the child, beda?chelh may move the Court for dismissal of the case. If, at any time after the initial 30-calendar-day period, but before the expiration of six months, beda?chelh concludes that the party entering into the agreement is noncompliant, and that continuing the agreement is not in the best interests of the child, beda?chelh may move the Court for termination of the agreed order and an adjudicatory order. If good cause is shown, the agreement can be extended, but no longer than an additional six months.

(7) Dismissal of the Petition. If the party entering into the agreed order successfully completes the agreement, beda?chelh will notify the Court, and the Court may dismiss the petition, without prejudice, as to that party. The Court may do so without a hearing.

(8) Court Resolution of Disputes. If there is a dispute as to whether or not the agreement has been successfully completed, a hearing may be set prior to the expiration of the agreement and the Court will determine the matter.

(9) Right of a Party to Request an Adjudicatory Hearing. A party who chooses not to enter into an agreed order has a right to an adjudicatory hearing as to her/himself, regardless of whether another party has entered into an agreed order on her/his own behalf.

(10) Judicially Blocked Account. The child’s per capita shall continue to go into the judicially blocked account established at the preliminary inquiry hearing unless the parent(s) or guardian(s) can show a hardship that would prevent an in-home dependency and reunification with the child if the per capita is not released to them. [Res. 2018-346; Res. 2015-101].

4.05.570 Program fee payment and per capita – Rescinded effective September 1, 2018.

Program fees shall no longer be charged to any parent effective September 1, 2018. No refunds of fees paid shall be authorized, unless the fees should not have been paid under the previous provisions of this chapter. [Res. 2018-346; Res. 2015-305; Res. 2015-101].

4.05.580 Accelerated permanent plan.

(1) The Court may make a finding at or after the adjudicatory hearing that beda?chelh need not make reasonable efforts to provide reunification services. The Court may base this finding on proof that beda?chelh has petitioned or is intending to petition for termination of parental rights or if the court finds that the parent has:

(a) Subjected the child to aggravated circumstances including but not limited to torture, chronic abuse, severe neglect or sexual assault;

(b) Committed, aided, abetted, attempted, conspired, or solicited deliberate or mitigated deliberate murder or manslaughter of a child or the sibling or parent of the child;

(c) Committed aggravated assault against a child;

(d) Committed neglect of a child that resulted in serious bodily injury or death; or

(e) Had another child placed in permanent out-of-home placement and the parent has failed to effect significant change in the interim so as to care for another child.

(2) If the Court finds that reunification services are not necessary beda?chelh shall submit a report to Court within 15 court days of the judicial determination which sets forth a permanency plan. A permanency hearing must be held within 30 days of that determination and reasonable efforts must be made to place the child and to complete whatever steps are necessary to finalize the permanent placement of the child. [Res. 2018-346; Res. 2015-101].

4.05.590 Status review hearings.

(1) Status review hearings shall be held within 60 calendar days of the adjudicatory or case plan hearing, whichever occurs later and at least every four months thereafter so long as a child remains within the jurisdiction of the Tulalip Tribal Court, and a permanent plan for the child has not yet been established by court order.

(2) The Court shall review the compliance of all parties with case plan and shall determine the continuing need for, and appropriateness of, court jurisdiction. Specifically, the status of the child will be reviewed to:

(a) Determine the continuing need for, and appropriateness of, court jurisdiction and of the child’s placement;

(b) Determine the extent of compliance by all parties with the case plan;

(c) Determine the extent of progress the parent has made toward eliminating the need for removal of the child from parental care, including, but not limited to, the efforts at compliance with required services, and whether sufficient progress is being made to consider return home likely in the near future;

(d) Consider whether the services provided to the family have been appropriate, accessible, and provided in a timely manner; further consider whether beda?chelh can reasonably provide additional services which will facilitate the return of the child to parental care;

(e) Assess beda?chelh’s concurrent case planning, if any, and the program’s efforts to effect an alternative permanent plan for the child in the event there is insufficient progress to restore custody;

(f) Determine whether active efforts are being made by beda?chelh to alleviate the need for removal of the child from parental care; and

(g) Project a likely date when the child will be returned to parental care or when an alternative permanent plan will be put into effect. [Res. 2018-346; Res. 2015-101].

4.05.600 Status review reports.

(1) beda?chelh shall prepare a status review report, which shall be filed, and copies given to all parties or sent to the address on record with the Court 10 calendar days before the hearing, except by order of the Court. beda?chelh’s report shall provide supportive documentation, and shall summarize the history of the case since the last hearing and detail active efforts made to provide services to the child and family.

(2) A party may prepare their own report summarizing his or her history since the last hearing which shall be filed and served on the parties in the manner immediately above.

(3) A party that disputes the content of beda?chelh’s report may request a short continuance and provide a written response. [Res. 2018-346; Res. 2015-101].

4.05.610 Change in placement or visitation.

The parties and placement shall be provided with written notice of any change in the child’s placement or visitation unless such notice could be harmful to the child or the parent or guardian has failed to participate in the court proceedings. The notice provided to the parent or guardian may be limited to the type of placement or that the child has been moved if information must remain confidential to protect the child or placement.

beda?chelh shall provide the notice as soon as practicable, unless the child’s health or safety would be endangered by delaying the proposed change, or the current placement gave notice the child must be removed immediately. If the parent or guardian is represented by an attorney, the notice shall be served on him or her. [Res. 2018-346; Res. 2015-101].

4.05.620 Permanent plan/plan for stability for child.

The Court shall conduct a hearing to review its plan 12 months after the child has been taken into custody. The Court shall review whether the parties are complying with the case plan, determine whether to return the child home, to continue out-of-home placement, or whether another planned living arrangement is in the best interests of the child. The Court will also determine if active efforts were made to support the case plan and if modification is necessary to protect the child and strengthen the family. At the permanent plan hearing, the Court shall consider all factors related to the best interest of the child with particular interest to their permanency needs.

The permanent plan options (not in any order of priority) are as follows:

(1) Return Home. It is anticipated at this hearing, or in the near future, the child will be returned to a parent or guardian.

(2) Dependency Guardianship. The underlying dependency remains open and held in abeyance, but the guardian is considered the long-term parent/guardian until 18 or further court order.

(3) Long-Term Relative Care. Placement with a child’s relative until 18 or further court order.

(4) Long-Term Foster Care. State or Tribal approved foster care placement in the child’s best interest until 18 or further court order.

(5) Independent Living. For children 16 years or older or children who have volunteered to stay in dependency beyond the age of 18. Services are provided to the child with a focus on developing the child’s independent living skills with a goal of transitioning to full independence.

(6) Termination of Parental Rights and Adoption. The parent’s rights are permanently terminated and the child is made available for legal adoption.

(7) Termination of Guardianship. The guardianship is terminated and the original youth-in-need-of-care case resumes; the child could be returned to the care of his or her parent(s) or placed in a new guardianship.

It is anticipated that for any of the above to be completed, that additional hearings will be necessary. If the permanent plan is dependency guardianship, or termination of parental rights and adoption, a new cause number will be necessary for that action. [Res. 2018-346; Res. 2015-101].

4.05.630 Permanent plan review hearings.

The Court shall review the permanent plan of a child at least two times per year:

(1) In all other cases in which the child remains a ward of the Court, beda?chelh shall be responsible for submitting a report to the Court 10 days prior to the hearing and is responsible for appearing at and providing information for a permanent plan review hearing of the child’s plan.

(2) Findings Required. At the permanent plan review hearing conducted by the Court after the establishment of the permanent plan, the Court shall determine:

(a) The continued appropriateness of the placement and the permanent plan;

(b) The extent of compliance with the permanent plan;

(c) The adequacy of services provided to the child and placement;

(d) The compliance of the parents in their court ordered services; and

(e) Whether other services are necessary to support the permanent plan, and if such services can be reasonably provided by the Court or beda?chelh.

(3) Final Order. A permanent plan order is a final order for the purposes of appeal. [Res. 2018-346; Res. 2015-101].

4.05.640 Extended jurisdiction.

(1) Youth Age 18 to 21. A youth who turns 18 years old while under the jurisdiction of the Tribes can voluntarily agree to maintain their dependency proceeding. The youth’s parent(s) or guardian(s) shall be dismissed from the dependency proceeding when the youth reaches the age of 18. The youth must:

(a) Agree to comply with dependency court orders; and

(b) Make steady progress towards completing their high school diploma, high school equivalency, college or vocational degree or show that he or she has applied for and can demonstrate an intent to timely enroll school to complete their high school diploma, high school equivalency, college or vocational degree; or

(c) Participating in a program designed to promote or remove barriers to employment.

(2) Tribal jurisdiction will terminate upon:

(a) Youth’s completion of studies;

(b) Youth’s withdrawal from the school program;

(c) Youth’s failure to remain eligible for the school program;

(d) Youth’s failure to participate in an activity or program to promote employment or remove barriers to employment;

(e) Youth informing the Court they no longer want to participate in the program; or

(f) Tribal jurisdiction shall terminate when youth reaches age 21.

(3) Counsel for Youth. The Court shall endeavor, whenever possible and if resources exist, to appoint counsel to a youth who is participating in an extended jurisdiction program.

(4) Review Hearings. The case plan for and delivery of services to a youth in extended jurisdiction is subject to review at least two times per year. The Court shall consider:

(a) Whether the youth is safe in his or her placement;

(b) Whether the youth continues to be eligible for extended foster care services;

(c) Whether the current placement is developmentally appropriate for the youth;

(d) The youth’s development of independent living skills; and

(e) The youth’s overall progress toward transitioning to full independence and the projected date for achieving such transition. [Res. 2018-346; Res. 2016-096; Res. 2015-101].

Part 4

Article VIII. Long-Term Out-of-Home Placement of a Child

4.05.650 General.

This article deals with long-term out-of-home placement options for a child that is either involved in a youth-in-need-of-care case or a private cause of action. There are three long-term options: legal guardianship after a youth-in-need-of-care case or a private legal guardianship, customary adoption or legal adoption. In all cases, under the section, the best interests of the child shall guide the Court’s decision. [Res. 2018-346; Res. 2015-101].

4.05.660 Legal guardianship.

Purpose: For all guardianship cases, a guardianship should provide permanence, a stable home, and a responsible and emotionally supportive caregiver to the child without terminating a parent’s rights.

For youth-in-need-of-care, there is a presumption that guardianship is in the child’s best interest if the following has occurred:

(1) The child has been adjudicated a youth-in-need-of-care;

(2) The parent was given the requisite time period to reunify with the child;

(3) The permanent plan for the child was changed from return home to a permanent plan of guardianship.

Scope: This section applies to both adjudicated youth-in-need-of-care and private guardianships. An adjudicated youth-in-need-of-care guardianship may impose additional requirements or consideration and will be specified. A private guardianship cannot be considered if the child is a court-adjudicated youth-in-need-of-care. [Res. 2018-346; Res. 2015-101].

4.05.670 Procedures for filing a petition for guardianship – All cases.

(1) Who May File a Petition for Guardianship and Standing.

(a) Any person petitioning for legal guardianship must be an adult and establish:

(i) He or she is a relative or family member, or has established a significant familial relationship as defined within this chapter; and

(ii) The petitioner has current custody or placement of the child by a court order or by agreement of the parent(s). Implicit agreement by the parent(s) is presumed if the child has been with the petitioner for three or more years or a majority of the child’s life.

(2) Contents of the Petition. A petition for guardianship shall be verified under oath by the petitioner(s) and shall contain the following information:

(a) The full name, residence, date and place of birth and sex of the child, with attached birth certificate for the child;

(b) The names of the persons with whom the child has lived, the residences at which the child has lived, for the previous year, and the length of time the child has lived with each person and at each residence;

(c) The names and residences of the child’s legal parents, guardians, or custodians. In addition, the names and residences of putative fathers, if any;

(d) Documentary proof of the child’s membership status in the Tribes;

(e) The full name, residence, date and place of birth, occupation of the petitioner(s), statement of relationship to the child, and proof of petitioner’s Tribal membership, if applicable. The petitioner can request that the address be confidential and use beda?chelh’s address consistent with current policies;

(f) A statement by petitioner(s) of the desire that a relationship of legal guardian and child be established between petitioner(s) and the child;

(g) If the petitioner is not a member of the child’s family or Tulalip Tribes, a plan to maintain ties with the Tribes and where appropriate with extended family members; and

(h) A citation to the specific section of this chapter giving the Court jurisdiction of the proceedings.

(3) Summons and Notice of Hearing.

(a) The Court Clerk shall set a preliminary hearing within 30 days and issue summons and notice of the preliminary hearing upon filing the petition. Notice shall include:

(i) The date, time, and place of the hearing and a copy of the petition for guardianship; and

(ii) A statement to the effect that the rights of the parent(s) may be affected, that certain persons are proposed to be appointed as guardian(s) in the proceedings, and that if the parent(s) fail to appear at the time and place specified in the summons, the Court may appoint those persons as guardian(s) and take any other action that is authorized by law.

(4) Service of the Petition, Summons and Notice of Hearing for Guardianship.

(a) Guardianship petitioners shall be responsible to have the petition, summons and notice of hearing for guardianship personally served on:

(i) The child’s parent(s);

(ii) The child who is the subject of the petition for guardianship if he or she is 14 years of age or older;

(iii) beda?chelh or the Office of the Reservation Attorney;

(iv) Any person the parties or the Court deems necessary for proper adjudication; and

(v) If the child is not enrolled in the Tulalip Tribes, any tribe the child is enrolled in or is eligible for enrollment.

(b) If any party who is required to be personally served is not within the exterior boundaries of the Reservation, service shall be by certified mail, return receipt requested, or by any other means reasonably designed to give summons and notice.

(c) If any party’s current address is unknown, the petition shall be published in a regularly published newspaper of the last known area the party resided in or in the See-Yaht-Sub pursuant to TTC 2.10.030.

(d) Service shall be made by any person over the age of 18 who is not a party to the proceedings.

(e) As soon as practicable, proof of service shall be filed with the Clerk of Court indicating the date, time, and place of service. [Res. 2018-346; Res. 2015-497; Res. 2015-101].

4.05.680 Guardianship hearings.

(1) At the preliminary guardianship hearing the following will occur:

(a) Determination of standing of petitioner.

(b) Order that beda?chelh prepare a guardianship report. beda?chelh shall investigate any party to be appointed as a guardian, conduct a complete home study, and shall prepare and submit a written report to the Court no later than 10 calendar days before the guardianship hearing.

(i) The report shall contain beda?chelh’s recommendation regarding the guardianship, and whether beda?chelh believes that such guardianship will be in the best interests of the child consistent with established policies.

(ii) A copy of the report shall be served on the petitioner(s).

(c) Set provisions as necessary for temporary custody pending the guardianship hearing.

(2) Child’s Preference for Guardian. When the child who is the subject of the petition for guardianship is 14 years of age or older, the Court shall consider his or her preference in appointing a guardian.

(3) Guardianship Hearing.

(a) Procedure at Hearing. Petitioner(s) and beda?chelh shall appear personally at the hearing if the petition involves a youth-in-need-of-care child.

(b) Judicial Determination. The Court shall inquire of the parties appearing as to whether the best interests of the child will be promoted by the guardianship. At the conclusion of the guardianship hearing, the Court shall make written findings as to whether, by a preponderance of evidence, the guardianship is in the best interests of the child.

(c) Order. An order establishing guardianship shall be considered a final order for the purposes of appeal. [Res. 2018-346; Res. 2015-101].

4.05.690 Terms and rights of guardian.

(1) A guardian appointed by the Court shall have the custody of, and be responsible for the care of the child and the following additional duties:

(a) Safeguarding the care and management of his/her property from the date of the guardianship’s establishment until the child reaches the age of 18, marries, is emancipated by the Court, or until the guardian is legally discharged, or custody is transferred back to beda?chelh; provided, that the guardian shall not have the authority, without express consent of the Court, to dispose of any real property or Tribal member benefits of the child in any manner.

(i) Out-of-Court Guardianship Review. beda?chelh shall create a guardianship division and create rules and procedures for reviewing guardianship cases no less than semiannually for a period of three years. If any concerns are noted by the guardianship review team the review period may be extended past three years.

(ii) Standing. beda?chelh shall have the ability to file motions in guardianship cases to request judicial review of a case to address any concerns that may arise. The Court may order the guardian(s) to participate and comply with services to alleviate such concerns.

(iii) Standing. A relative or person who has a significant familial relationship or maintained an ongoing relationship with child in guardianship shall have the ability to file motions in guardianship cases with respect to visits so long as they first follow the administrative request procedures with beda?chelh outlined under TTC 4.05.710(1).

(b) The guardian shall also have the authority to consent to the medical care and treatment of the child, and to otherwise have those rights of a parent of the child.

(c) If the guardian is not a member of the child’s family or the Tulalip Tribes, then a cultural and family plan will be required and incorporated as an attachment to the court order.

(d) The Court may order a guardian to let the parents visit or contact the child, but the Court may also put limits or other conditions on the visitation, such as requiring that any visitation be supervised. The time and frequency of parental visitation is often up to the guardian (or the Court) to decide. Parents may, in some cases, regain custody of their child in the future if the Court determines the guardianship is no longer in their child’s best interests.

(e) Per Capita. The Court shall issue an order that all monies held in a judicially blocked account be transferred into the minor trust account and be distributed in accordance with Chapter 5.20 TTC. Guardians shall receive current Tribal member per capita on behalf of the child in accordance with Chapter 5.20 TTC.

(f) Name Change. The guardian shall not legally change or add to the birth name of the minor child, unless it is to change the child’s surname to their Tulalip family’s last name and is supported by their blood relatives. [Res. 2018-346; Res. 2015-497; Res. 2015-101].

4.05.700 Termination of guardianship.

(1) Termination of the Guardianship Order.

(a) Relinquishment of Guardianship. A guardian may motion the Court for relinquishment of guardianship of a child. The Court shall set a hearing on motion within two weeks and issue a summons. The guardian must serve the parent(s) and beda?chelh with the motion to relinquish and summons for the hearing. The Court will determine whether good cause exists and if relinquishment is in the best interest of the child.

(b) Dismissal of Guardianship by Parent(s)’ Motion. In a youth-in-need-of-care guardianship, a parent who has complied with the services required from the adjudicatory and case plan or otherwise can demonstrate a substantial change of circumstances, may move for dismissal of the guardianship. In all other cases there must be shown a substantial change of circumstances as a preliminary matter.

(i) The parent must provide documentation of completed services and requirements. The Court will review these documents and the underlying dependency in chambers to determine if there is prima facie evidence to substantiate the setting of a hearing. Guidelines to guide the Court shall be set by court rule. If the evidence is sufficient, then a hearing shall be set and the guardian and beda?chelh shall be served with the court date, motion and supporting evidence. If the child was placed out of the home as a result of a drug or alcohol issue, then the parent must demonstrate one year of documented sobriety of clean urinalysis results or treatment records before return home will be considered.

(ii) The presumption at this hearing is that the child should remain with his or her guardian if the child has been in the guardian’s care for over three years or a majority of the child’s life based on their developmental, emotional and physical needs.

(iii) To overcome this presumption the parent must show by clear and convincing evidence that termination of the guardianship is in the child’s best interest. Any costs associated with a parent obtaining documentary proof, such as evaluations or professional recommendations, that termination of the guardianship is in the child’s best interest shall be borne by the parent.

(c) Dismissal of Guardianship on beda?chelh’s Motion. beda?chelh may motion the Court to dismiss the guardianship on the grounds that there has been a substantial change of circumstances and dismissal is in the best interest of the child. The standard of proof shall be clear and convincing evidence.

(2) Upon Relinquishment or Dismissal.

(a) If the child has previously been adjudicated as a YINC, the child’s permanent plan order will remain in effect, including all required services previously ordered of the parents.

(i) beda?chelh shall be responsible for placing the child and reviewing the permanent plan order.

(ii) A permanent plan review hearing will be held within 30 days of the dismissed guardianship. A beda?chelh report to court for a permanent plan review shall be filed 10 days prior to the hearing.

(b) For a non-youth-in-need-of-care guardianship, the Court shall set subsequent hearings, with the first to be held within 30 days to establish a hearing schedule for the child. The Court shall notify beda?chelh if there is no parent or other guardian willing or able to care for the child prior to the relinquishment or dismissal of the guardianship.

(c) The child’s per capita shall be held and placed into a judicially blocked account pending further court order. [Res. 2018-346; Res. 2015-497; Res. 2015-101].

4.05.710 Continuing Court jurisdiction and the guardianship review team.

After guardianship is granted, beda?chelh and the Court retain jurisdiction until the child turns 18 or is adopted but no further Court review is required unless there is a change of circumstances or a request for Court review is made by the beda?chelh guardianship team.

(1) Visits with Children in Guardianship. Relatives or anyone who has a significant familial or maintained an ongoing relationship with the child may request visitation. beda?chelh shall be required to evaluate the request and create a plan for visits or other contact or to deny visits or other contact. The evaluation for visits or denial of visits could include an assessment of the relationship, an FTDM and/or mediation among parties to discuss common permanence goals for the child and other related issues. If a voluntary visitation plan cannot be created or implemented then the relatives and/or persons who have maintained an ongoing relationship may file a motion with the Court to request the Court impose a plan.

(2) Moving Out of Tulalip Tribes’ Area. Forty-five days prior to moving beyond 60 miles from the Reservation, the guardian shall notify beda?chelh of the move, the reason for the move and the plan the guardian has in place for maintaining the child with his or her family and culture. If the family fails to notify beda?chelh, a hearing may be set to determine whether the child should be allowed to move with the guardian or be returned to beda?chelh. Any time the guardian and youth move they shall notify Enrollment of the address change. [Res. 2018-346; Res. 2015-497; Res. 2015-101].

4.05.720 Customary adoption and suspension of parental rights.

Purpose: Customary adoption within the Tulalip Tribes is a two-step process. The first step involves suspension of parental rights until the child turns 18, but does not require judicial termination of parental rights. The second step is a ceremonial and legal process in which another family or community member assumes parental responsibilities through customary adoption. Customary adoption is intended to provide permanence to a child. There is a presumption that suspension of parental rights is in the child’s best interest if the following has occurred:

(1) For Youth-in-Need-of-Care Guardianships.

(a) The child has been adjudicated a youth-in-need-of-care;

(b) The parent was given the requisite time period to reunify with the child;

(c) The permanent plan for the child was changed from return home to a permanent plan of guardianship; and

(d) The child has been in legal guardianship with the same person a minimum of three continuous years.

(2) For Non-Youth-in-Need-of-Care Guardianships.

(a) The parents have consented to suspension of parental rights and cultural adoption and the child has been in the legal guardianship in a non-youth-in-need-of-care guardianship with the same person a minimum of three continuous years.

Scope: This section of the code shall be liberally interpreted and construed as an exercise of the inherent sovereign authority of the Tulalip Tribes to embody and promote the basic traditional values of the Tulalip Tribes regarding the protection and care of the Tribes’ children. [Res. 2018-346; Res. 2015-101].

4.05.730 Petition to suspend parental rights.

Any adult who has had legal guardianship of the child for more than three year(s) may request beda?chelh file a petition with the Court seeking an order suspending the parental rights of the biological parents. [Res. 2018-346; Res. 2015-101].

4.05.740 Petition – Contents.

(1) The suspension of parental rights petition filed by beda?chelh shall include:

(a) The name, birth date, residence, and Tribal status of the child who is the subject of the petition;

(b) The name, birth date, place and duration of residence, and Tribal status of the person(s) who has guardianship of the child;

(c) The name, birth date, residence, and Tribal status of the parent(s);

(d) The relationship, if any, of the guardian(s) to the child;

(e) A description of all previous known court proceedings involving the child;

(f) A statement that no similar action is pending in a Tribal or State Court having jurisdiction over the child;

(g) A statement as to the basis for the request for the suspension of parental rights, supported by medical, psychiatric, or psychological reports, or family members or others that have knowledge relevant to this proceeding.

(2) The petitioner shall sign the petition and shall affirm under oath that the contents are true and correct except as to those matters based upon belief and as to those matters the petitioner reasonably believes them to be true. [Res. 2018-346; Res. 2015-101].

4.05.750 Notice of hearing on petition.

At the time of filing, the Court shall schedule a hearing to be held within 45 and 60 days. If publication is necessary, such notice shall be consistent with TTC 2.10.030. The Court shall cause written notice of such hearing to be served upon the petitioner, the parent(s) and beda?chelh. [Res. 2018-346; Res. 2015-101].

4.05.760 Suspension of parental rights hearing.

A suspension of parental rights hearing is not a hearing in which a birth parent has the opportunity to request return home of the child or to change the permanent plan for the child. [Res. 2018-346; Res. 2015-101].

4.05.770 Final order for suspension of parental rights.

If the Court determines by clear and convincing evidence that it is in the best interests of the child, it shall issue a final order for a suspension of parental rights. The final order shall make specific written findings of fact, state separately its conclusions of law, and enter an appropriate judgment or order. The Court shall make findings that it is in the child’s best interests that a final order for suspension of parental rights be entered and the Court shall specify the basis of those findings.

(1) Such an order for the suspension of parental rights shall include, but is not limited to, the following:

(a) A determination that the parent(s) received notice of the proceedings that advised them of their rights;

(b) Because the child has been in a guardianship with the same guardian for a minimum of three years prior to beda?chelh filing a petition to suspend the parental rights of the child’s biological parents, there is a rebuttable presumption that the suspension of parental rights is in the best interest of the child;

(c) A permanent suspension of the parental rights of the parent including the suspension of the right to the care, custody and control of the minor child and allowing the child to be customarily adopted.

(2) In addition the order may contain provisions that include:

(a) An order that the biological parent(s) are restrained from contacting the minor child or the child’s adoptive parent(s), including contact in person, by mail, by telephone or through third parties. Or the order may allow for a contact agreement, agreed upon by the parties, to be ordered by the Court;

(b) Ordering that any prior court order for custody, visitation or contact with the minor child is hereby terminated, unless there is an existing order for siblings who are placed in a customary adoption or guardianship with different families or grandparents who have maintained an ongoing relationship with the child;

(c) The biological parents’ obligation to pay child support, except for arrearages, is terminated; or that a child support obligation continues until the age of majority, or continues or is modified according to an agreed schedule.

(3) Final orders for the suspension of parental rights may be reviewed by the Court at the request of the parent, beda?chelh or the prospective adoptive parent only if one of the following occurs:

(a) The child is not adopted after a period of one year after the entry of the final order suspending parental rights;

(b) The adoption of the child fails; or

(c) The adoptive parent is deceased.

Notice of this review shall be provided to all parties to the hearing at which the final order was issued. [Res. 2018-346; Res. 2015-101].

4.05.780 Voluntary consent to suspension of parental rights.

A parent may voluntarily agree to suspend his or her parental rights if the consent has been signed by the parent(s) in front of a Tribal Court judge with the judge’s certificate that the terms and consequences of the consent were fully explained in detail and were fully understood by the parent. [Res. 2018-346; Res. 2015-101].

4.05.790 Petition for customary adoption.

(1) Any adult who has been the legal guardian of a child for more than three years, and the parental rights of that child’s biological parents have been suspended, may file a petition with the Court seeking an order for the customary adoption of the minor child. The petition shall contain the following information:

(a) The name, address, telephone number and age of the child to be adopted;

(b) The name, address, and telephone number of the petitioner(s) and the petitioner’s relationship, if any, to the child. If the petitioner is married, his or her spouse must also be at least 18 years old and shall join in the petition, unless the spouse’s whereabouts is unknown or unless waived by the Court;

(c) The proposed name of the adoptee after the entry of the final order of customary adoption. The child’s birth surname cannot be removed as part of these proceedings, but the adoptive family’s name may be added to the child’s legal name;

(d) Attach a copy of the final order suspending the parental rights of the biological parent(s);

(e) A statement as to why a final order for customary adoption is in the best interests of the child and the best interests of the Tribes;

(f) A statement or evidence as to basis for the customary adoption;

(g) A statement that no similar action is pending in a Tribal or State Court having jurisdiction over the child. [Res. 2018-346; Res. 2015-101].

4.05.800 Customary adoption report – Preparation.

The petitioner(s) shall arrange to have a pre-adoption report prepared by beda?chelh. The customary adoption report shall be in writing and contain the professional opinions of all persons consulted. beda?chelh shall conduct a complete home study including all information concerning:

(1) The physical and mental condition of the child, petitioner(s) and persons living in the petitioner’s home;

(2) The circumstances of the suspension of the parents’ rights to the child or of the parents’ death;

(3) The home environment, family life, access to health services, and resources of the petitioner(s);

(4) The child’s and petitioner’s cultural heritage and Tribal status;

(5) The marital status of the petitioner(s);

(6) The names and ages of the petitioner’s children and of any other persons residing with the petitioner(s);

(7) Information from health, education, and social service personnel who have had prior professional contacts with the child and petitioner(s);

(8) A check of the criminal records, if any, of the petitioner(s) shall be requested from State and Tribal law enforcement authorities;

(9) Any evidence of alcohol and drug abuse in petitioner’s household;

(10) The recommendation, if any, of the Tulalip Tribes regarding the customary adoption;

(11) The opinion of the child if he or she is over the age of nine, and whether he or she should be given an opportunity to provide this opinion in person to the Court in chambers; and

(12) Any other facts and circumstances relating to whether or not the adoption should be granted.

If beda?chelh has previously prepared a guardianship home study, they shall provide an update that includes the additional information above. In addition beda?chelh shall apply for adoption support if requested. [Res. 2018-346; Res. 2015-101].

4.05.810 Additional reports.

Any party may file with the Court a report which shall include his or her recommendations regarding the customary adoption. The party shall provide copies of the report to all other parties prior to the hearing. [Res. 2018-346; Res. 2015-101].

4.05.820 Customary adoption hearing – Conduct.

(1) The hearing on customary adoption shall be ceremonial and shall be private and closed. Only beda?chelh, the petitioner(s), anyone there on behalf of the petitioner(s) and any family members invited by petitioner(s) or who have maintained an ongoing relationship with the child, including siblings, shall be permitted to attend.

(2) The burden of proving the allegations of the petition shall be upon the petitioner and the standard of proof shall be by a preponderance of evidence. [Res. 2018-346; Res. 2015-101].

4.05.830 Grounds for entering decree of customary adoption.

The Court may enter a decree of customary adoption if it finds that:

(1) Customary adoption is in the best interest of the child and the Tribal community; and

(2) That the petitioner(s) can provide appropriate and adequate parental care for the child; and

(3) That the Tulalip Tribes does not oppose the customary adoption. [Res. 2018-346; Res. 2015-101].

4.05.840 Per capita.

The adopting parent shall receive current Tribal member per capita on behalf of the child in accordance with Chapter 5.20 TTC. [Res. 2018-346; Res. 2015-101].

4.05.850 Additional hearings post-adoption.

Final orders of a customary adoption may be reviewed by the Court only if a substantial change of circumstance occurs, such as the adoptive parent is deceased without the appointment of a legal guardian and there are no provisions within a will providing for the care and custody of the child. Notice of this review shall be provided to all parties to the hearing at which the final order was issued. [Res. 2018-346; Res. 2015-101].

4.05.860 Appeals.

Orders suspending the parental rights and issuing a customary adoption are final orders for purposes of appeal. [Res. 2018-346; Res. 2015-101].

4.05.870 Termination of parental rights and adoption.

Purpose: The Tulalip Tribes has not traditionally supported termination of a parent’s rights. It is currently the custom of the Tribes to view involuntary termination of a parent’s rights as a last resort and a process to be used only when an adoption has been arranged in a step-parent adoption, or when one of the parents has committed a heinous act against another person. This chapter addresses both involuntary termination of a parent’s rights and termination of parental rights by consent of the parent in the course of an adoption. [Res. 2018-346; Res. 2015-101].

4.05.880 Petition for termination of parental rights – Who may file.

Any person at least 18 years old may file a petition to ask the court to voluntarily terminate their parental rights. Only a representative of the Tulalip Tribes or a petitioner with the Tulalip Tribes’ approval may file a petition for involuntary termination of a parent’s rights. [Res. 2018-346; Res. 2015-101].

4.05.890 Petition – Contents.

A petition for termination of a parent’s rights shall include:

(1) The name, birth date, residence, and Tribal status of the child who is the subject of the petition;

(2) The name, birth date, residence, and Tribal status, if known, of the child’s parent(s), guardian(s), or custodian(s);

(3) If the child is residing with someone other than a parent, the location and length of time at that location; and

(4) A statement by the petitioner of the facts and reasons supporting the request. [Res. 2018-346; Res. 2015-101].

4.05.900 Notice of hearing on petition.

Upon the filing of a petition, the Court shall schedule a hearing to be held within 45 and 60 days. If publication is necessary, such notice shall be consistent with TTC 2.10.030. The petition and notice shall be served on the parents, the guardian, who is required to join in the petition, and beda?chelh so they can prepare a report, and anyone who may have an interest in the proceedings or be of assistance to the Court in adjudicating the petition. [Res. 2018-346; Res. 2015-101].

4.05.910 Pre-termination report – Preparation.

The petitioner shall arrange to have a pre-termination report prepared by beda?chelh or by a beda?chelh approved agency who shall consult with all health, education, and social service personnel who have had prior professional contacts with the child and any criminal justice agencies who may have had contact with the parent(s); and with the petitioner(s) to determine whether termination of the parent’s rights would be in the best interest of the child. In addition, the report preparer shall investigate the biological parents’ family health history either through direct consultation with the parent or other family member to provide the adoptive family with health information. The report shall be in writing and contain the professional opinions of all persons consulted. The pre-termination report for a parent who is asking the court to allow them to voluntarily terminate their parental rights shall include the requirements listed in TTC 4.05.960, Consent. [Res. 2018-346; Res. 2015-101].

4.05.920 Pre-termination report – Service.

Whoever prepares the report shall file and serve the pre-termination report with the Court at least 10 calendar days before the hearing. [Res. 2018-346; Res. 2015-101].

4.05.930 Additional reports.

Any party may file with the Court a report which shall include his or her recommendations regarding the proceeding. The party shall provide copies of the report to all other parties prior to the hearing. [Res. 2018-346; Res. 2015-101].

4.05.940 Termination hearing – Conduct.

The hearing shall be private and closed. Only those persons the Court finds to have a legitimate interest in the proceedings may attend. The Court shall consider all reports submitted for review. All parties shall be given the opportunity to testify and to contest the factual contents and conclusions of the pre-termination report(s). [Res. 2018-346; Res. 2015-101].

4.05.950 Grounds for termination and burden of proof.

The Court may order termination of a parent’s rights only when an appropriate adoptive home is available and adoption proceedings have been filed in conjunction with the termination proceedings. In addition, the Court must first approve the parent’s consent as provided in this chapter or in cases of involuntary termination the petitioner must prove by clear and convincing evidence each of the following:

(1) The parent:

(a) Subjected the child to aggravated circumstances including but not limited to abandonment, torture, chronic abuse, severe neglect or sexual abuse or exploitation;

(b) Committed, aided, abetted, attempted, conspired, or solicited deliberate or mitigated deliberate murder or manslaughter of a child or the sibling or parent of the child;

(c) Committed aggravated assault against a child;

(d) Committed an heinous crime against another person; or

(e) Committed neglect of a child that resulted in serious bodily injury or death;

(2) That termination of the parent’s rights and adoption are in the best interest of the child and of the Tribal community;

(3) That the Tribes have offered or helped arrange for appropriate resources to help the parent care appropriately for the child; and

(4) That it is unlikely that the parent will be able to care appropriately for the child. [Res. 2018-346; Res. 2015-101].

4.05.960 Consent.

Consent of a parent to terminate his or her rights to a child is not valid unless:

(1) The parent is at least 18 years old;

(2) The parent has received counseling from an appropriate professional who has explained the consequences of terminating his or her rights, has explored all available services to help the parent care for the child (such as parenting classes and substance abuse treatment), and has explored alternatives to termination and adoption, such as guardianship;

(3) The parent orally explains his or her understanding of the meaning of termination of parental rights to the judge and the judge certifies that the terms and consequences of the consent were fully explained and were fully understood by the parent; and

(4) The consent was given no sooner than 30 days after the birth of the child. This does not mean the child cannot be placed with the prospective adoptive parents or other caregiver during the 30-day period. Any consent may be withdrawn prior to the entry of a final decree of adoption and, if no other grounds exist for keeping the child from the parent, the child shall be returned to the parent. [Res. 2018-346; Res. 2015-101].

4.05.970 Enrollment prior to termination.

If a child is not enrolled but is eligible for membership in the Tulalip Tribes, beda?chelh shall assist in making an application for membership or enrollment of the child. [Res. 2018-346; Res. 2015-101].

4.05.980 Disposition.

If parental rights are terminated by the Court, the adoption shall proceed. If parental rights are not terminated, but sufficient grounds for finding the child is in need of care have been proved to the Court, the Court may make a disposition consistent with the youth-in-need-of-care provisions of this code. [Res. 2018-346; Res. 2015-101].

4.05.990 Adoption.

Who may file: Any person at least 18 years old may file a petition with the Court to adopt a child. If the petitioner is married, his or her spouse must also be at least 18 years old and must sign the petition, unless the spouse’s whereabouts is unknown or unless waived by the Court. [Res. 2018-346; Res. 2015-101].

4.05.1000 Petition – Contents.

The adoption petition shall include:

(1) The name, birth date, residence, and Tribal status of the child who is the subject of the petition;

(2) The name, birth date, place and duration of residence, and Tribal status of the petitioner(s);

(3) The name, birth date, residence, and Tribal status of the parent(s);

(4) The relationship, if any, of the petitioner(s) to the child;

(5) The names and addresses, if known, of all persons whose consent is required and proof of such consent;

(6) A description of all previous court proceedings involving the care or custody of the child to be adopted and the results of these proceedings along with copies of all court orders including orders terminating a parent’s rights to the child;

(7) The reasons the child is available for adoption and why the petitioner(s) desires to adopt the child; and

(8) Any request the petitioner(s) has for changing the child’s name. [Res. 2018-346; Res. 2015-101].

4.05.1010 Availability for adoption.

A child may be adopted only if he or she has no parents by reason of death or by voluntary (by consent) or involuntary termination of the parent-child relationship. [Res. 2018-346; Res. 2015-101].

4.05.1020 Setting the hearing.

When the Court receives the petition for adoption it shall set a hearing date, which shall not be more than 45 calendar days after the Court received the petition, unless continued for good cause shown. The Court may conduct an adoption hearing with the termination hearing. [Res. 2018-346; Res. 2015-101].

4.05.1030 Notice of hearing.

At the time of filing, the Court shall cause written notice of such hearing to be served upon the petitioner and beda?chelh. Such notice shall be consistent with TTC 2.10.030. [Res. 2018-346; Res. 2015-101].

4.05.1040 Adoption report – Preparation.

The petitioner(s) shall arrange to have a pre-adoption report prepared by beda?chelh or a beda?chelh approved provider. The adoption report shall be in writing and contain the professional opinions of all persons consulted. The home study shall include all information concerning:

(1) The physical and mental condition of the child, petitioner(s) and persons living in the petitioner’s home;

(2) The circumstances of the voluntary or involuntary termination of the parent’s rights to the child or of the parent’s death;

(3) The home environment, family life, access to health services, and resources of the petitioner(s);

(4) The child’s and petitioner’s cultural heritage and Tribal status;

(5) The marital status of the petitioner(s);

(6) The names and ages of the petitioner’s children and of any other persons residing with the petitioner(s);

(7) Information from health, education, and social service personnel who have had prior professional contacts with the child and petitioner(s);

(8) A check of the criminal records and CPS records, if any, of the petitioner(s);

(9) Any evidence of alcohol and drug abuse in petitioner’s household;

(10) The opinion of the child if he or she is over the age of nine, and whether he or she should be given an opportunity to provide this opinion in person to the Court in chambers;

(11) The recommendation, if any, of the Tulalip Tribes regarding the adoption; and

(12) Any other facts and circumstances relating to whether or not the adoption should be granted. [Res. 2018-346; Res. 2015-101].

4.05.1050 Adoption report – Service.

The person preparing the pre-adoption report shall file and serve it at least 10 calendar days before the hearing. [Res. 2018-346; Res. 2015-101].

4.05.1060 Additional reports.

Any party may file with the Court a report which shall include his or her recommendations regarding the adoption. In addition, the Court may order additional reports or appoint a GAL to prepare a report on the Court’s behalf. The party shall provide copies of the report to all other parties prior to the hearing. [Res. 2018-346; Res. 2015-101].

4.05.1070 Adoption hearing – Conduct.

The hearing shall be private and closed. Only those persons the Court finds to have a legitimate interest in the proceedings may attend. The Court shall consider all adoption reports submitted for review. All parties shall be given the opportunity to testify. [Res. 2018-346; Res. 2015-101].

4.05.1080 Grounds for entering decree of adoption.

The Court may enter a decree of adoption if it finds that:

(1) Adoption is in the best interest of the child and the Tribal community; and

(2) That the petitioner(s) can provide appropriate and adequate parental care for the child; and

(3) That the Tulalip Tribes does not oppose the adoption. [Res. 2018-346; Res. 2015-101].

4.05.1090 Enrollment prior to entry of adoption decree.

If a child is eligible for membership in the Tulalip Tribes, beda?chelh shall assist in making application for membership or enrollment of the child. [Res. 2018-346; Res. 2015-101].

4.05.1100 Denial of adoption petition.

If the adoption petition is denied, the Court shall specifically state the reasons for the denial and shall designate who shall have custody of the child. [Res. 2018-346; Res. 2015-101].

4.05.1110 Decree of adoption.

If the Court grants the petition for adoption, the Court shall enter findings of fact and conclusions of law and a separate decree of adoption. The decree shall include:

(1) A statement that the child is available for adoption and any order the Court may make concerning recognition of the consents or orders terminating parental rights filed in the case;

(2) A statement that the child is, for all intents and purposes, the child, legal heir, and lawful issue of the petitioner(s);

(3) The marital status of the petitioner(s);

(4) The full name of the child upon adoption;

(5) That such adoption will remain temporary for one year from the date of entry of the decree, and shall become permanent at the expiration of the one-year period;

(6) Orders directing the Court Clerk to forward a certified copy of the decree to the appropriate Bureau of Vital Statistics for purposes of obtaining a corrected birth certificate when the adoption becomes permanent in one year; and

(7) A statement that the records of the proceeding shall remain sealed unless otherwise ordered by the Court. [Res. 2018-346; Res. 2015-101].

4.05.1120 Effect of decree of adoption.

A decree of adoption has the following effect: it creates the relationship between the adopted child and the petitioner(s) and all relatives of the petitioner(s) that would have existed if the child were a legitimate blood descendant of the petitioner(s). This relationship shall be created for all purposes including inheritance and applicability of statutes, documents, and instruments, whether executed before or after entry of the adoption decree, that do not expressly exclude an adopted person by their terms. The decree does not override any Tribal enrollment laws or requirements. [Res. 2018-346; Res. 2015-101].

4.05.1130 Visitation.

Adoptive parents shall be encouraged to help the child maintain positive relationships with the biological family. However, the adoptive parents shall have the exclusive right and power to decide the terms, if any, of visitation by any person with the child. [Res. 2018-346; Res. 2015-101].

4.05.1140 Adoption records.

All records, reports, proceedings, and orders in adoption cases are confidential and shall not be available for release or inspection except:

(1) The Bureau of Indian Affairs may have access to such information as is necessary to protect inheritance rights or enrollment status of the adopted child (and his or her descendants);

(2) A copy of the decree of adoption, but not the findings of fact and conclusions of law, may be given to a Bureau of Vital Statistics as provided in this chapter; and

(3) An adopted child may petition the Court, upon reaching 18 years of age, for release of specifically requested information, limited to: the biological parents’ names, addresses, Tribal status and Social Security numbers; and the names and relationship to the child of relatives for the purpose of medical need or medical history information or to assist in making a relative placement of a child of the adoptive child. [Res. 2018-346; Res. 2015-101].

Part 5

Article IX. Per Capita

4.05.1150 Per capita.

(1) Once a youth is found to be youth-in-need-of-care at the preliminary inquiry hearing, the Court shall order 100 percent of the youth’s future per capita distributions to be deposited into the youth’s trust account for the duration of the dependency case.

(2) Upon dismissal of the youth-in-need-of-care case the youth’s parent(s) or guardian(s) may elect to resume the youth’s per capita distribution for the health, welfare and education of the youth. [Res. 2018-346; Res. 2016-096; Res. 2015-497; Res. 2015-101].

4.05.1160 Tax returns.

The Finance Department shall be responsible for establishing a process for filing tax returns for any child who has received a per capita distribution prior to becoming a youth-in-need-of-care. A plan for filing the returns shall be presented to the Board each November for approval. The parent(s), guardian(s) or custodian(s) of the youth shall be responsible for any filing fees and taxes incurred by the youth for the per capita distributions received prior to coming into care. If the parent(s), guardian(s) or custodian(s) do not pay the taxes and fees, then the Court will issue an order for their per capita to be deducted for those expenses. [Res. 2018-346; Res. 2016-096; Res. 2015-101].

Part 6

Article X. Emancipation

4.05.1170 Requirements.

The Court may declare a Tulalip child emancipated either pursuant to a petition or as a dispositional alternative if the child wishes to be free from parental control and protection and no longer needs that control and protection, or the child is a youth-in-need-of-care as defined by this chapter; and all of the following exist:

(1) The child is 16 years of age or older;

(2) Living separate from his or her parent(s), guardian, or custodian;

(3) Is self-supporting;

(4) Understands the consequences of being free from parental control and protection; and

(5) Has an acceptable plan for independent living. [Res. 2018-346; Res. 2015-101].

4.05.1180 Procedure for emancipation.

(1) Petition.

(a) Who May Petition.

(i) A minor who is at least 16 years of age may petition the Court for a declaration of full or partial emancipation.

(ii) A child’s parent, guardian or custodian.

(b) The petition shall be verified and shall state:

(i) The name, date of birth and address of the child who is the subject of the petition;

(ii) The name and address of each living parent of the child who is the subject of the petition;

(iii) The name and address of the child’s guardian or custodian, if any;

(iv) The reasons why the emancipation would be in the best interests of the child;

(v) The purposes for which emancipation is sought;

(vi) The proposed plan for the child supporting him/herself;

(vii) The proposed educational plan; and

(viii) The name, address and relationship to the child of the person filing the petition.

(c) Service of the Petition for Emancipation, Summons and Notice of Hearing.

(i) Such notices shall be served consistent with TTC 2.10.030.

(2) Findings. If the Court finds that the requirements of subsection (1) of this section are met, the Court may grant all or part of the petition, unless, after having considered all of the evidence, it finds that emancipation would not be in the best interests of the child.

(3) Declaration. If the Court grants all or part of the petition, it shall immediately issue a declaration of emancipation.

(4) Purpose for Emancipation. An emancipated minor shall be considered an adult over the age of 18 for all purposes.

(5) Per Capita. The emancipated minor shall be eligible to receive the same amount of per capita that a parent or guardian would on his or her behalf, and shall otherwise remain subject to Tribal laws and rules governing the disbursement of Tribal monetary benefits. [Res. 2018-346; Res. 2015-101].

Part 7

Juvenile Offenders (Reserved)

Part 8

Juvenile – At Risk and in Need of Services (Reserved)