SKOKOMISH TRIBAL CODE

SKOKOMISH YOUTH CODE

Adopted by Resolution No. 83-44 (November 10, 1983)

Amended by Resolution No. 86-10 (February 26, 1986)

Amended by Resolution No. 98-94 (December 30, 1998)

Amended by Resolution No. 01-90 (July 25, 2001)

TABLE OF CONTENTS

SKOKOMISH YOUTH COURT ESTABLISHED

3.02.001 Skokomish Youth Court Established

3.02.002 Judicial Officers

GENERAL PROVISIONS

3.02.010 Purpose - General

3.02.011 Construction

3.02.012 Definitions

3.02.013 Guardian Ad Litem- When to Use

3.02.014 Other Laws Apply

3.02.015 Rights of Parties

3.02.016 Sovereign Immunity

3.02.017 Procedure for Hearings

3.02.018 Confidentiality of Records and Proceedings

JURISDICTION

3.02.030 Generally

3.02.031 Personal Jurisdiction

3.02.032 Subject Matter Jurisdiction

3.02.033 Concurrent Jurisdiction

3.02.034 Recognition of Other Courts’ Orders

3.02.035 Notice to Other Tribes

3.02.036 Transfer of Jurisdiction - Authority of Court

3.02.037 Transfer of Jurisdiction - Hearings

3.02.038 Interim Orders to Protect the Youth During Transfer Proceedings

CHILD IN NEED OF CARE

3.02.050 Purpose

3.02.051 Procedures and Guidelines

3.02.052 Child in Need of Care

REPORTING ABUSE AND NEGLECT

3.02.060 Reporting Abuse and Neglect

3.02.061 Immunity

3.02.062 False Report

3.02.063 Sanctions

3.02.064 Contents of the Report

3.02.065 Open Communication Policy

3.02.066 Response to the Report

3.02.067 Role of the Skokomish Social Services Department

3.02.068 Role of Law Enforcement

3.02.069 Role of the Indian Child Welfare Worker

3.02.070 Preliminary Investigation

EMERGENCY PLACEMENT OF YOUTH

3.02.080 Emergency Orders for Taking Custody of a Youth- When Needed

3.02.081 Emergency Custody Orders - Contents

3.02.082 Emergency Custody Orders - Service and Duration

3.02.083 Request for First Hearing

3.02.084 First Hearing - Time, Notice

3.02.085 First Hearing - Order

3.02.086 Placement Preferences for Out of Home Placement

3.02.087 Scheduling a Fact Finding Hearing at First Hearing

FAMILY GROUP CONFERENCE

3.02.100 Family Group Conference

FACT FINDING HEARINGS

3.02.110 Purpose

3.02.111 Contents and Filing of the Petition

3.02.112 Time and Notice of Hearing

3.02.113 Evidence and Burden of Proof

3.02.114 Agreed Order

3.02.115 Family Protection Plan

3.02.116 Other Suggested Plans

3.02.117 Hearing to Decide the Family Protection Plan

3.02.118 Court Ordered Family Protection Plan (Disposition)

3.02.119 Costs of Support

3.02.120 Review Hearings

LONG-TERM GUARDIANSHIP

3.02.130 Purpose

3.02.131 Petition for Guardianship - Who May File

3.02.132 Petition - Contents

3.02.133 Setting the Hearing

3.02.134 Indian Child Welfare Report

3.02.135 Additional Reports

3.02.136 Guardianship Hearing - Conduct

3.02.137 Grounds for Appointing a Guardian

3.02.138 Placement Preference

3.02.139 Powers of Guardian

3.02.140 Appointment of Guardian for a Youth’s Property

3.02.141 Existing Trusts

3.02.142 Removal of Guardian for a Youth's Property

3.02.143 Change of Address

3.02.144 Termination of Guardianship

TERMINATION OF PARENTAL RIGHTS

3.02.150 Purpose

3.02.151 Petition for Termination of Parental Rights - Who May File

3.02.152 Petition - Contents

3.02.153 Setting the Hearing

3.02.154 Indian Child Welfare Report

3.02.155 Additional Reports

3.02.156 Termination Hearing - Conduct

3.02.157 Grounds for Termination and Burden of Proof

3.02.158 Consent

3.02.159 Disposition

ADOPTION

3.02.170 Petition for Adoption - Who May File

3.02.171 Petition - Contents

3.02.172 Availability for Adoption

3.02.173 Setting the Hearing

3.02.174 Adoption Report - Preparation

3.02.175 Adoption Report - Service

3.02.176 Additional Reports

3.02.177 Adoption Hearing - Conduct

3.02.178 Grounds for Entering Decree of Adoption

3.02.179 Placement Preferences

3.02.180 Enrollment Prior to Entry of Adoption Decree

3.02.181 Denial of Adoption Petition

3.02.182 Decree of Adoption

3.02.183 Effect of Decree of Adoption

3.02.184 Visitation

3.02.185 Adoption Records

EMANCIPATION

3.02.200 Purpose

3.02.201 Who May Petition

3.02.202 Contents

3.02.203 Consent

3.02.204 Standard to Be Applied

3.02.205 Rights of Emancipated Youth

SEVERABILITY

3.02.220 Severability

AMENDMENTS

3.02.230 Amendments

Skokomish Youth Court

3.02.001 Skokomish Youth Court Established

There is hereby established the Skokomish Youth Court, a division of the Skokomish Tribal Court, which has the authority to hear cases arising under the S.T.C. involving persons under the age of 18 which are within the jurisdiction of the Skokomish Indian Tribe.

3.02.002 Judicial Officers

(a) Upon the joint request of the Directors of the Skokomish Department of Social Services and the Skokomish Department of Public Safety, the Tribal Council may appoint three (3) judicial officers to carry out the following duties should a judge be unavailable:

(1) To determine whether a youth should be taken into custody and issue emergency custody orders;

(2) To conduct a First Hearing and issue interim dispositional orders; and

(3) To sign agreed dispositions and enter them as orders of the court.

(b) Judicial Officers shall reside within twenty (20) miles of the Skokomish Reservation.

(c) Judicial Officers may be removed only by resignation or majority vote of the Tribal Council. The Skokomish Tribal Council may periodically review the status of Judicial Officers to determine their continued availability.

(d) Judicial Officers may be trained to perform their duties by the Northwest Intertribal Court System (NICS), the Skokomish Tribal Attorney's Office, or other qualified provider.

General Provisions

3.02.010 Purpose - General

The Skokomish Tribe recognizes that its youth are its most important resource. Therefore, this ordinance shall be interpreted and understood to accomplish the following tribal objectives:

(a) To Provide for the care, protection and development of the young Indian people of the Skokomish Community;

(b) To insure that the young Indian people of the Skokomish Tribal Community receive assistance and guidance in their own homes whenever possible, separating the youth from their parents only when necessary for their welfare;

(c) To discourage delinquent acts and to protect the tribal community’s interest by providing supervision, care and rehabilitation;

(d) To provide a simple procedure for addressing and resolving conflict involving Indian youth that is reflective of tribal traditions as well as the prevailing community standards, and which affords all affected persons a fair and impartial hearing consistent with individual rights;

(e) To insure that off-reservation courts will be willing and able to return young people of the Tribe to the tribal community for care and guidance.

3.02.011 Construction

This Code is exempt from the rule of strict construction. It shall be read and understood in a manner that gives full effect to the purposes stated herein.

3.02.012 Definitions

When the words listed in this section appear in this chapter, they shall have the following meaning unless a different meaning is clearly intended.

(a) Abandonment: A parent has not contacted the youth by telephone, letter, or in person and has made no provisions for his care, for more than one continuous year.

(b) Adult: Any person who is either eighteen (18) years of age or older, married, or emancipated.

(c) Custodian: A person or entity having legal authority over a youth either by court order or parent's permission. This term generally applies to foster parents, child placing agencies, and persons temporarily caring for a youth at the request of a parent.

(d) Extended Family: This term does not have a precise definition. Under Skokomish Indian Tribe custom, there are formal and informal ties, which bind the community. Extended family ties are based on bloodlines, marriage, friendship, and caring. All women in the community become "auntie” or "grandma" when they become a certain age, regardless of blood relationship. Although grandparents (including great and great-great), aunts, uncles, siblings, cousins, "in-laws" and "step" relations are all extended family, any member of the Skokomish Indian Tribe community who is reliable, responsible, loving, and willing to care for a youth may be considered extended family.

(e) Indian Tribe: Any tribe, band, nation, or group of Indians recognized by the Secretary of Interior as eligible for services provided to Indians; any treaty tribe, metis community, or nonstatus Indian community from Canada; and any tribe recognized as such by the Skokomish Indian Tribe, regardless of federal recognition status.

(f) Indian Youth: Any unmarried person under the age of (18) years who is:

(1) A member of a federally recognized Indian Tribe;

(2) Eligible for membership in a federally recognized Indian Tribe, including eligibility for adoption into tribal membership;

(3) The child or grandchild of a member of a federally recognized Indian Tribe;

(4) An Eskimo Aleut, Alaskan native or Canadian Indian; or

(5) Considered to be Indian by himself or herself and by the Skokomish Indian Community.

(g) Parent: This term includes a biological or adoptive parent but does not include persons whose parental rights have been terminated. It also does not include an unwed father who has not acknowledged or established paternity in one of the following ways: being identified as the father on the youth's birth certificate, by acknowledging paternity to tribal enrollment authorities or to a court, or through formal paternity proceedings under state or tribal law.

(h) Tribal Status: The tribe or tribes, if any, in which a youth is a member or eligible for membership. (Membership and enrollment are used interchangeably in this chapter.)

3.02.013 Guardian Ad Litem - When to Use

A guardian ad litem is a person appointed by the Court to represent the best interests of a youth. The Court shall appoint a guardian ad litem when a parent cannot exercise sound judgment on behalf of the youth, unless no one is available to serve as a guardian ad litem.

3.02.014 Other Laws Apply

This chapter is part of the Skokomish Tribal Code (S.T.C.). S.T.C. 3.01 (Rules of the Skokomish Tribal Court) and other relevant titles and chapters apply to proceedings under this chapter unless otherwise provided herein.

3.02.015 Rights of Parties

Any party requiring notice under S.T.C. 3.02.017(e) shall have the following rights and shall be informed of these rights at the party's first appearance before the Court:

(a) The parent(s), guardian(s) or custodian(s) have the right to be informed of the location of the youth, unless releasing that information would endanger the youth, and the right to either visit the youth or petition the Court for visitation rights if the Indian Child Welfare Worker determines that visitation is not consistent with the youth’s best interests.

(b) The youth has the right to petition the Court to begin or suspend visits with the youth's parent, guardian or custodian. The youth may petition the court directly or through a spokesperson, who may be the youth's guardian ad litem (if a guardian ad litem has been appointed), an Indian Child Welfare Worker, or other spokesperson of the youth's choosing. A petition to begin or suspend visitation brought by a youth shall be heard at the next court date. If a petition to suspend visitation is brought by a youth, visitation shall be temporarily suspended until the issue is decided. The temporary suspension order may be signed by a Tribal Judicial Officer if a Tribal Court Judge is not available.

(c) Any party has the right to be represented by another person at the party’s own expense, provided the party desiring representation timely retains such representation. If a party informs the Court at the first hearing that the party wants to be represented, the first hearing may be continued at the Court's discretion for up to fourteen (14) days to give the party time to retain representation. Later hearings shall not be continued for this purpose unless the Court determines that manifest injustice would result if a continuance is not granted.

(d) Any party has the right to introduce evidence, to be heard and to examine witnesses.

(e) Any accused party has the right to remain silent or otherwise refrain from incriminating himself or herself.

(f) There is no right to a jury trial in any proceeding in Skokomish Youth Court.

3.02.016 Sovereign Immunity

The sovereign immunity of the Skokomish Indian Tribe shall in no manner be waived by this ~~title~~chapter. The ~~Business Committee~~Tribal Council members and employees, appointees, and volunteers of the Skokomish Indian Tribe (including but not limited to the Health Administrator, Community Health Representative, Social Services Director, Indian Child Welfare worker, alcohol program, foster home program and foster parents, tribal law enforcement, mental health, tribal court personnel, head start, and other persons and departments serving youth and families) are cloaked with the sovereign immunity of the Skokomish Indian Tribe. No person referred to above shall be liable for the inability or failure to provide services as provided in this Youth Code so long as a good faith effort has been made to comply with all provisions of the code.~~Notice of Hearing.~~

3.02.017 Procedure for Hearings

(a) All proceedings under the Skokomish Youth Code are Civil Proceedings. Except as otherwise provided herein, proceedings under the Skokomish Youth Code shall be governed by the Rules of the Skokomish Tribal Court, S.T.C. 3.01.

(b) No fact-finding, guardianship, termination, or adoption hearing shall go forward without at least thirty (30) days written notice to all parties unless otherwise provided in this Code. The notice shall include:

(1) The nature of the proceeding and name of the Court;

(2) The date, time, and place of the hearing;

(3) Guidance that responses to the petition are due within twenty (20) days of receipt of the notice of hearing, the names and addresses of the Court with which responses and other pleadings must be filed and all parties on whom responses and other pleadings must be served, and the manner by which filing and service must be accomplished; and

(4) A copy of the petition.

(c) Motions may be raised orally or in writing unless otherwise required by the Court or the Skokomish Youth Code. If the motion is not made in open court during and as a consequence of events at a fact-finding, guardianship, termination, or adoption hearing, the moving party shall notify the court and all other parties of the nature of the motion; the date, time, and place of presentation of the motion; and the basis for the motion at least seven (7) days before the motion is presented in Court.

(d) Any party may submit reports or other pleadings by filing them with the Court. Any document filed with the Court must be served by the submitting party on all other parties at least three (3) days prior to the hearing, following the procedure set forth in this section, unless otherwise provided in this code. Written answers, if any, to such reports and pleadings may be filed and served one (1) day prior to the hearing.

(e) The following are parties to actions under this Code:

(1) The petitioner;

(2) The youth;

(3) The youth's parent(s);

(4) The youth's guardian(s) or custodian(s);

(5) The presenting officer or other designated representative of the Skokomish Indian Tribe;

(6) Any tribe in which the youth is enrolled or eligible for enrollment, if the youth is not enrolled in the Skokomish Indian Tribe;

(7) Any person the Court, or any party, deems necessary for proper adjudication;

(8) Other persons as may be provided elsewhere in this Code.

If the Court finds at the hearing that additional parties are necessary for proper adjudication of the matter at hand, the Court may continue the hearing to allow those parties to be notified. If the youth's parent(s), guardian(s), and/or custodian(s) do not appear at the hearing, the Court may order a recess and issue orders to secure their attendance. If a party has not been served because, despite due diligence on the part of the petitioner or moving party, the party has not been located, or for other good cause, the Court may, at its discretion, proceed with the hearing.

(f) All notices of hearing shall be served by the petitioner or moving party. All other pleadings (including reports) shall be filed with the Court and served by the person submitting the pleading.

(g) Service:

(1) All notices for first hearings and for fact-finding, guardianship, termination, and adoption hearings shall be personally served by a person who has no stake in the outcome of the lawsuit. Personal service means either giving it to the defendant directly or by leaving it at defendant's residence or place of employment with a person at least 14 years old who lives or works there.

(2) Notices for all other hearings and all other pleadings shall be served either by personal service or by regular mail. Mail service is complete three (3) days after mailing within the state of Washington, fourteen (14) days after mailing outside the state of Washington but within the United States, and thirty (30) days outside the United States, unless otherwise ordered by the Court.

(3) The Court may order an alternate method of service.

Service is not complete until an Affidavit, Declaration, or Certificate of Service has been filed with the Court.

3.02.018 Confidentiality of Records and Proceedings

(a) Hearings shall be closed to the public and open only to involved parties as set forth in S.T.C. 3.02.017(e). The Youth Court shall have the authority to elicit evidence necessary to its determination.

(b) Records and files in Skokomish Youth Court proceedings shall be confidential and shall not be open to inspection to any but the following, except as may be ordered by the Youth Court in the youth’s best interest or as set forth in section 3.02.018(c).

(1) The youth and his legal representative.

(2) The youth’s parent(s), guardian(s), or their representative.

(3) The Skokomish Social Services caseworker assigned to the case.

(4) The legal representative of the Tribe who is presenting the case.

(c) In addition to the above, the following shall have access to information, records, and files in Skokomish Youth Court proceedings on a "need to know" basis, as determined by the Indian Child Welfare Worker, or by order of the court:

(1) Skokomish Law Enforcement Officers directly involved in the proceedings;

(2) Members of the Skokomish Tribe's Child Protective Team (CPT), who shall be required to execute a confidentiality agreement provided by the Department of Social Services;

(3) The youth's custodian(s) or their legal representative.

(4) The staff of agencies and departments whose cooperation is necessary for the protection of the youth, as provided in S.T.C. 3.02.065.

(d) Indian Child Welfare files shall not be released to anyone except the staff of the Tribe's Indian Child Welfare Program and the Tribe's legal representative(s) unless entered into evidence by the Indian Child Welfare worker or the Tribe's representative in a proceeding under S.T.C. 3.02 or by order of the court.

(e) Indian Child Welfare files on reports that have not resulted in Youth Court Proceedings shall be destroyed two (2) years after the Indian Child Welfare program's last contact with the youth or the youth's family or when the youth reaches the age of eighteen, whichever comes first..

(f) Skokomish Youth Court files and records in Indian Child Welfare cases shall be permanently sealed five (5) years after dismissal.

(g) Within sixty (60) days of the effective date of this revised Youth Code, the Tribe's Indian Child Welfare program shall present a system for permanently sealing and maintaining permanently sealed records to the Skokomish Youth Court for approval. This system shall be implemented immediately upon approval by the Youth Court.

(h) Permanently sealed files and records may be accessed only by order of the Skokomish Youth Court.

A VIOLATOR OF S.T.C. 3.02.018 IS SUBJECT TO A CIVIL FINE IN AN AMOUNT NOT TO EXCEED $500.00. IN ADDITION, VIOLATION OF S.T.C. 3.02.018 BY A TRIBAL EMPLOYEE SHALL RESULT IN IMMEDIATE TERMINATION OF EMPLOYMENT. THIS PROVISION SUPERSEDES ANY PROVISION OF ANY PERSONNEL POLICIES AND PROCEDURES MANUAL OF THE SKOKOMISH INDIAN TRIBE NOW IN EFFECT OR AS MAY BE HEREAFTER BECOME EFFECTIVE.

Jurisdiction

3.02.030 Generally

Personal and subject matter jurisdiction shall be prerequisites for commencing an action in the Skokomish Youth Court.

This section does not reflect the Skokomish Tribe’s view of the full extent of tribal jurisdiction. Any limitations on jurisdiction in this section are merely designed to limit tribal activity in accordance with tribal priorities and resources.

3.02.031 Personal Jurisdiction

(a) The Youth Court shall have exclusive original jurisdiction over any proceeding arising under this chapter which involves:

(1) Any Indian youth who resides or is domiciled on the Skokomish Reservation;

(2) Any youth who is a member or is eligible for membership in the Skokomish Tribe, regardless of the youth’s residence or domicile; or

(3) Any Indian youth who has been placed in temporary or continuing care on the reservation or in any care facility licensed or approved by the Tribe for placement of Indian youths or in the home of a member of the youth’s extended family when the extended family member is a member of the Skokomish Tribe.

(b) The Youth Court shall have jurisdiction over adults in aid of its powers under this ordinance and may make such orders as are necessary and in the best interests of the youth.

(c) The Youth Court shall have continuing jurisdiction over a youth who is determined to be subject to this ordinance and shall have the power to modify or dismiss previous orders, expunge the youth’s record, or entertain petitions based on new evidence concerning the youth.

(d) The Youth Court shall have jurisdiction over persons under the age of eighteen (18) years who are parties to cases arising under other chapters of the S.T.C., including but not limited to S.T.C. 4.05 (Skokomish Liquor Ordinance), S.T.C. 7.02 (Skokomish On-Reservation and Treaty Fishing Ordinance), S.T.C. 7.03 (Skokomish Tribal On-Reservation and Treaty Hunting Ordinance), S.T.C. 8 (Civil Traffic Ordinance), and S.T.C. 9 (Skokomish Criminal Code).

3.02.032 Subject Matter Jurisdiction

(a) The youth court shall have exclusive original jurisdiction over proceedings in which one or more of the following circumstances are alleged:

(1) The youth is a "child in need of care" as defined by S.T.C. 3.02.052;

(2) The youth is the subject of a child custody proceeding as defined in the Indian Child Welfare Act, 25 USC Section 1901 et. seq., to be transferred to the Skokomish Tribal Court;

(3) The youth has been placed for care or adoption in violation of federal, state or tribal-law;

(4) The youth is a candidate for long-term guardianship or adoption under the provisions of this ordinance;

(5) The youth has committed an act which, if committed by an adult, would constitute a crime or civil infraction for which a penalty is provided under tribal law.

(b) The Youth Court shall have jurisdiction over violations of the Skokomish On-Reservation and Treaty Fishing Ordinance (S.T.C. 7.02) and the Skokomish Tribal On-Reservation and Treaty Hunting Ordinance (S.T.C. 7.03) by youths sixteen (16) years of age or older only upon transfer from Skokomish Tribal Court. These violations shall be first filed in Skokomish Tribal Court and may be transferred to the Skokomish Youth Court at any stage in the proceedings, including sentencing, at the discretion of the Skokomish Tribal Court. Unless and until the matter is transferred to Skokomish Youth Court, the youth defendant in a case under S.T.C. 7.02 or S.T.C. 7.03 shall be entitled to the same rights as an adult.

3.02.033 Concurrent Jurisdiction

When state, federal or other tribal courts have jurisdiction over any matters provided for in this Code, the Youth Court has concurrent jurisdiction over the same matters.

3.02.034 Recognition of Other Courts’ Orders

The Youth Court may give recognition to orders issued by a state or another tribal court as a matter of comity (courtesy) if the order does not violate the Indian Child Welfare Act and the Court granting the order had jurisdiction over the case, due process was afforded to all parties, and the order does not violate the public policy of the Skokomish Indian Tribe.

3.02.035 Notice to Other Tribes

If the Court or any party, in a proceeding involving the out-of-home-placement of a youth, has reason to believe that the youth is a member or eligible for membership in another tribe, the Court Clerk shall be directed to give written notice of the proceeding to the other tribe. The notice shall ask that the tribe respond in writing within fifteen (15) days of receiving the notice and to state whether it intends to act in the matter.

3.02.036 Transfer of Jurisdiction - Authority of Court

The Youth Court has the authority to accept transfers of jurisdiction from other courts or government agencies. The Youth Court shall only transfer a case under this chapter to another court pursuant to S.T.C. 3.02.037.

3.02.037 Transfer of Jurisdiction - Hearings

In cases where more than one government has an interest in a proceeding and a motion for transfer of jurisdiction has been received, or on motion of the Youth Court if the Youth Court determines that a transfer of jurisdiction to the other court may be in the best interest of the youth or otherwise fitting, the Youth Court shall hold a hearing upon notice to the interested parties. The Youth Court shall weigh the following factors and decide whether or not compelling reasons exist to transfer jurisdiction:

(a) The wishes of the parent, custodian, or guardian;

(b) The wishes of the child, if he or she is able to understand the meaning of a transfer of jurisdiction;

(d) The place each party lives and their tribal status;

(e) The ties and contacts each party has with the communities involved;

(f) The stage of the proceedings in each of the courts with a claim to jurisdiction at the time the motion is brought;

(g) Whether the other court has timely responded to the notice of the Skokomish Youth Court.

(h) Whether the other court or government has previously declined to accept, or failed to accept, a transfer of jurisdiction over the child.

3.02.038 Interim Orders.

The Court may make any orders which will protect the child and assist the youth's family, pending the outcome of any transfer of jurisdiction proceeding.

Child in Need of Care

3.02.050 Purpose

The Skokomish Indian Tribe has always protected youth and assisted families without a formal code. These sections provide written procedures to better coordinate the services the Tribe offers youth and families and to facilitate cooperation between the Tribe and other governments, persons, and entities toward the mutual goal of providing for the safety and well-being of the Tribe's youth.

When there is a question of whether a child is in need of care, the presumption shall be in favor of providing protection for the child. Separation of youth from their parents should be seen as a last resort, and when such separation is necessary for the safety and well-being of the youth, the primary goal of these sections is successful reunification of the youth with their parents.

This code does not address situations where a person who is under eighteen (18) years of age has committed an act which if committed by an adult would constitute a crime or for which a penalty is provided under tribal law. S.T.C. 9.12 governs Juvenile Justice.

3.02.051 Procedures and Guidance

The Skokomish Department of Social Services is empowered to develop or adopt standards and procedures for achieving the purposes of these sections.

The Department is encouraged to make use of models, indicators, guidelines, protocols, manuals, textbooks and other social work aids developed by qualified researchers and practitioners provided they are not inconsistent with Skokomish Tribal law, and to seek the guidance of qualified elders, historians or other Tribal representatives to achieve the purposes of these sections.

3.02.052 Child in Need of Care

Skokomish Tribal custom recognizes that a parent may need to place a youth with another caregiver temporarily. This is not in itself grounds for a child in need of care action, provided the substitute caregiver is adequately caring for the youth.

A “child in need of care” is an unmarried person under the age of eighteen years who meets one or more of the following criteria:

(a) Has no parent, guardian, or custodian available or has no parent, guardian, or custodian able to provide proper care;

(b) Is neglected. "Neglect" means the youth, for reasons other than poverty, is not receiving the food, clothing, shelter, medical care, education, support or supervision needed for his or her wellbeing or development. Any of the following shall provide reasonable cause to believe a youth may be neglected. This list of examples is neither prescriptive nor exhaustive.

(1) Inadequate food, clothing or shelter. Evidence that a youth may not be receiving adequate food, clothing or shelter includes, but is not limited to the following:

(A) The youth is suffering from disability, disease, or poor health due to inadequate nutrition;

(B) The youth is failing to thrive as determined by a qualified medical professional;

(D) The youth is frequently or habitually locked out of the youth's home;

(E) The youth's home is unsafe or unsanitary.

(2) Inadequate medical care. Evidence that a youth may not be receiving adequate medical care includes, but is not limited to the following:

(A) The mother of an unborn child is not receiving adequate prenatal care;

(B) A seriously or chronically sick youth is not being taken to the doctor, clinic, or other appropriate medical professional or facility or is not being treated as advised, with the result that the youth's condition worsens or fails to improve;

(3) Inadequate education. Evidence that a youth may not be receiving an adequate education includes, but is not limited to the following:

(A) The youth habitually or frequently fails to attend school without adequate reason;

(B) The youth is "home schooled," but is showing no progress in learning.

(4) Inadequate support or supervision. Evidence that a youth may not be receiving adequate support or supervision includes, but is not limited to, the following:

(A) The youth's parent, guardian, or custodian willfully neglects or refuses to provide for the youth's support or maintenance when financially able to do so;

(B) The youth's parent, guardian, or custodian habitually misuses benefits intended for the youth, such as selling or squandering food stamps or commodities;

(C) The parent, guardian, or custodian of a youth who is less than twelve (12) years of age leaves the youth alone for an amount of time that would ordinarily raise concern based on the standards of the Skokomish Tribal Community;

(D) The youth is left with an inappropriate caregiver;

(E) The youth is allowed access to alcohol or other drugs other than drugs prescribed for the youth or over-the counter medications properly used to treat a legitimate ailment of the youth;

(F) The youth is repeatedly out after curfew, is an habitual runaway, or otherwise demonstrates a lack of parental control.

(c) Has been physically abused. "Physical abuse" means the youth has suffered or is likely to suffer physical injury inflicted by other than accidental means which causes or creates a substantial risk of death, disfigurement or impairment of bodily functions or has suffered acts which are cruel or inhumane regardless of observable injury. Any of the following shall provide reasonable cause to believe a youth may be physically abused. This list of examples is neither prescriptive nor exhaustive.

(1) The youth has been locked, secreted, or held in a constricted, dark, frightening, or otherwise inappropriate place, or in a place where the youth is not likely to be found, or in any place for an excessive period of time;

(2) An abrasion, lesion, burn, or broken bone; bruising; welting; or other damage to a youth's body, not clearly caused by pure accident;

(3) The youth has been subjected to extreme discipline demonstrating a disregard for the youth's physical pain and suffering.

(4) The youth has been subjected to conduct that results in injury or creates a substantial risk to the youth's physical safety, health, or development;

(5) The youth's parent, guardian, or custodian has deliberately withheld adequate nutrition or hydration from the youth or has forced the youth to ingest harmful or noxious substances, including but not limited to, inappropriate food, drink, or drugs;

(6) The mother of an unborn or nursing child is using alcohol or other drugs to an extent that the fetus or baby is likely to be endangered.

(d) Has been emotionally abused. "Emotional abuse" means the best interests of the youth require intervention in the parent-child relationship to prevent serious emotional harm to the youth. It shall be presumed that removal of a youth from the youth's home or parents is severely traumatic emotionally to the youth. Before a youth may be removed from the youth's home or parents for emotional abuse, the court must specifically find that the risk to the youth's emotional health to be prevented by the removal is greater than the risk to the youth's emotional health likely to be caused by the removal itself. Any of the following shall provide reasonable cause to believe a youth may be emotionally abused. This list of examples is neither prescriptive nor exhaustive.

(1) Assault, terrorization, or intimidation. Evidence that a youth may have been assaulted, terrorized, or intimidated includes, but is not limited to, the following:

(A) Attempted violence or threats of physical harm or threats designed to create a climate of fear such as destroying the youth's possessions, or attacking beloved people or pets;

(B) Subjection of the youth to a clear pattern of obvious rejection or non-acceptance on the part of the youth's parent, guardian, or custodian;

(C) Instances of extreme discipline or a clear pattern of excessive ridiculing of a youth demonstrating a disregard for a youth's mental suffering;

(D) Isolation of the youth, including but not limited to, cutting the youth off from normal social experiences, preventing the youth from forming appropriate friendships, or locking the youth in or out of the youth's home;

(2) Corruption. Evidence that a youth may have been corrupted includes, but is not limited to, the following:

(A) The youth's parent, guardian, or custodian has knowingly encouraged, caused, or contributed to the commission of a criminal act by the youth or has allowed another adult to do so;

(B) The youth's parent, guardian, or custodian has taught or knowingly allowed another to teach the youth socially deviant behavior by rewarding aggression, delinquency, or sexually precocious behavior or by punishing appropriate, positive, socially adaptive behavior.

(e) Has been sexually abused. "Sexual abuse" means the youth has been the victim of a sexual offense as defined in S.T.C. 9.02A (Sex Crimes) or any form of sexual aggression, degradation, or exploitation, as determined by Tribal community standards.

Reporting Abuse and Neglect

3.02.060 Reporting Abuse and Neglect

The care of youth is both a family and a tribal responsibility. Any member of the Skokomish Indian Tribe, any persons residing within the jurisdiction of the Tribe, or any other members of the Tribal Community, including Tribal staff, who have reason to believe that a youth has been abused or neglected may file a report that a child is in need of care. Reporting under this section is mandatory for tribal employees and contractors with the tribe who perform services to the community in the areas of education, health and human services, child care and law enforcement; members of the clergy; private child care providers; members of the Tribe's Child Protective Team (CPT), and anyone providing services to youth, whether paid or volunteer.

3.02.061 Immunity

All persons who report child abuse or neglect in good faith are immune from civil liability and criminal prosecution for reporting the suspected abuse or neglect.

3.02.062 False Report

A false report of child abuse or neglect, if known to be false by the maker, is a "false charge" for purposes of S.T.C. 9.07.060 (False Arrest), and the person making such a report shall be prosecuted under the Rules of Criminal Procedure of the Skokomish Tribal Court. Any person who is not within the criminal jurisdiction of the Skokomish Tribal Court who knowingly makes a false report of child abuse or neglect is subject to a civil fine not to exceed $2,500.

3.02.063 Sanctions

Any person who is required to report abuse or neglect under S.T.C. 3.02.060 and who knowingly fails to report abuse or neglect is subject to a civil fine not to exceed $5,000.00. The Indian Child Welfare program shall make a good faith effort to timely provide copies of S.T.C. 3.02.060 through S.T.C. 3.02.066 to all mandatory reporters and shall maintain a list of all persons to whom copies have been provided. Mandatory reporters who have not been provided with copies of these provisions shall not be fined for failure to report.

3.02.064 Contents of the Report

A report shall include:

(a) The name, birth date, address, and tribal status of the youth, if known, and

(b) A plain statement of the facts on which the report is based, including the date, time, and location of the events.

The name of the reporter shall not be disclosed to anyone.

3.02.065 Open Communication Policy

The policy of the Skokomish Indian Tribe toward investigation of child abuse and neglect is one of open communication between agencies and departments for the protection of youth while respecting the confidentiality of statements by victims, their families, and reporters of abuse/neglect. Where there is a conflict between confidentiality and the need for communication, protection of the youth shall be the overriding consideration.

3.02.066 Response to the Report

If a report that a child may be in need of care is initially received by the Indian Child Welfare Worker, Tribal Law Enforcement shall be immediately notified of the report. If the report is first received by Tribal Law Enforcement and the case will require an out of home placement of the youth, the Indian Child Welfare Worker shall be notified. The two departments shall cooperate with one another, along with any other agencies or departments, which are involved, to protect the youth and family, and to resolve the matter.

3.02.067 Role of the Skokomish Social Services Department

The Skokomish Social Services Department has been established by the Skokomish Tribal Council as the agency of the Skokomish Tribe responsible for the provision of youth-related services.

3.02.068 Role of Law Enforcement.

Tribal Law Enforcement shall:

(a) Conduct criminal and civil investigations, which may be associated with a report that a child is in need of care.

(b) Coordinate with other departments or agencies (e.g. notice to C.P.S. in cases of intra-family abuse and neglect).

(c) Provide protection and assistance in the removal and placement of youth, on request, to the Indian Child Welfare Worker and authorized child protection and placement agency personnel.

(d) Take custody of a youth if the officer believes the youth is in immediate and serious danger and removal is necessary for the youth’s safety or well-being. The officer shall immediately contact the Indian Child Welfare Worker to discuss emergency placement options. If the Indian Child Welfare Worker is not available, the officer shall place the youth in a safe, emergency placement consistent with the short term placement preferences in S.T.C. 3.02.086. In the event that the officer places the youth in an emergency placement in the Indian Child Welfare Worker's absence, the officer shall make immediate and recurring efforts to notify the Indian Child Welfare Worker so the Indian Child Welfare Worker can investigate the need for emergency placement.

(e) File petitions for children in need of care, on behalf of the Skokomish Indian Tribe if an Indian Child Welfare worker is not available for this purpose.

(f) As soon as possible, notify or work with the Indian Child Welfare Worker (if available) to notify the parent(s), guardian(s), or custodian(s) of the placement if they are unaware that the youth has been placed out of the home, but the location of the placement shall not be released if, in the determination of the Indian Child Welfare Worker (or Law Enforcement if the Indian Child Welfare Worker is not available), release of that information would endanger the youth. The parent(s), guardian(s), or custodian(s) shall also be notified of their right to visit or be present with the youth unless such visitation or presence is determined by the Indian Child Welfare Worker (or Law Enforcement if the Indian Child Welfare Worker is not available) to be against the youth's best interests, in which case the parent(s), guardian(s), or custodian(s) shall be notified of their right to petition the Court for visitation rights.

3.02.069 Role of the Indian Child Welfare Worker

The Indian Child Welfare Worker shall:

(a) Take custody of a youth if the Indian Child Welfare Worker reasonably believes the youth is in immediate and serious danger and removal is necessary for the youth’s safety or well-being. The Indian Child Welfare Worker shall be accompanied by Law Enforcement.

(b) Take the lead role in finding appropriate placements of youth.

(d) Prepare reports and appear in court as required under this code and by the Court.

(e) Coordinate and communicate with all agencies and departments involved in the protection of youth.

(f) Investigate matters of youth welfare and, upon request, assist Law Enforcement in investigations involving youth.

(g) File petitions for children in need of care, on behalf of the Skokomish Indian Tribe.

(h) As soon as possible, notify the parent(s), guardian(s), or custodian(s) of the placement if they are unaware that the youth has been placed out of the home, but the location of the placement shall not be released if, in the determination of the Indian Child Welfare Worker, release of that information would endanger the youth. The parent(s), guardian(s), or custodian(s) shall also be notified of their right to visit or be present with the youth unless such visitation or presence is determined by the Indian Child Welfare Worker to be against the youth's best interests, in which case the parent(s), guardian(s), or custodian(s) shall be notified of their right to petition the Court for visitation rights.

(i) Appear in state and other tribes’ courts as required.

3.02.070 Preliminary Investigation

(a) Prior to the commencement of any youth welfare proceeding in Skokomish Youth Court, other than proceedings transferred from state court, an Indian Child Welfare worker shall be notified and determine whether the subject youth is within the jurisdiction of the Tribe pursuant to this ordinance. The Indian Child Welfare worker shall make an investigation as to the youth's circumstances and attempt to achieve resolution or alleviation of the youth's circumstances.

(b) The Indian Child Welfare worker may convene family reconciliation counseling at the request of the youth's parent(s), guardian(s), or custodian(s), or if the Indian Child Welfare worker determines that such counseling is in the best interest of the youth.

(d) If the Indian Child Welfare worker fails to act or achieve a resolution within a reasonable amount of time, a person with an interest in the youth may initiate a child in need of care action under the provisions of this Youth Code. The Skokomish Youth Court, or a judicial officer if a judge is not available, shall decide within twenty-four (24) hours:

(1) Whether the Court will hear the petition; and

(2) Whether to grant emergency relief if such is requested.

Emergency Placement of Youth

3.02.080 Emergency Orders for Taking Custody of a Youth - When Needed.

A custody order from the Skokomish Youth Court is required before any agency or person other than Skokomish Tribal Law Enforcement removes or places a youth, in an emergency situation. Tribal law enforcement may obtain such an order if there is sufficient time before the removal or placement is necessary and shall obtain such an order as soon as possible thereafter.

3.02.081 Emergency Custody Orders - Contents

The Court may issue an emergency custody order upon an oral or written statement of fact showing probable cause to believe that a youth is in need of care and that his or her health, safety, and welfare will be seriously endangered if not taken into custody.

The order shall specifically name the youth to be taken into custody, state the time and date issued, the place where the youth is to be taken and the name of the person or persons authorized to take the youth into custody. The order shall be signed by the judge, or judicial officer.

An emergency custody order may be transmitted by the judge via telephone, computer, or fax, if the judge cannot be present on the Reservation. Orders so transmitted shall be followed as soon as practical by a signed, original order.

3.02.082 Emergency Custody Orders - Service and Duration

An emergency custody order must be executed within 24 hours from the time the judge issues it. Youth taken into custody under such an order may be released into the custody of their parent(s), guardian(s), or custodian(s) or held until the conclusion of the First Hearing or as ordered by the Court. The emergency custody order must be served upon the youth's parents, guardian(s), or custodian(s) upon taking the youth into custody or as soon as possible thereafter.

3.02.083 Request for First Hearing

A person or agency who takes emergency custody of a youth shall immediately file a request for a First Hearing with the Court. The request shall include:

(a) The name, date of birth, permanent address, and tribal status of the youth and his or her parent, custodian, or guardian;

(b) The facts establishing the Court's jurisdiction;

(d) The location of the youth and the time taken into custody. The location of the youth does not have to be shared with the parent if it would endanger the youth.

3.02.084 First Hearing - Time, Notice

Within five (5) days of taking a youth into emergency custody, a hearing shall be convened by the Court. Written notice, as provided in S.T.C. 3.02.017, shall be provided to all parties no later than twenty-four (24) hours before the hearing unless good cause, including the inability to locate the parties, prevents such notice. If the parent(s), guardian(s), or custodian(s) do not appear at the hearing, the Court may order a recess to try to find them.

3.02.085 First Hearing - Order

The Court shall make the following determinations at the hearing:

(a) The tribal status of the youth;

(b) Whether there is probable cause to believe the child is in need of care;

(d) Whether out-of-home placement shall be continued for the protection of the youth or if the youth can safely be returned to the home;

(e) Whether the youth will be made ward of the court;

(f) Whether interim orders for the protection of the youth and/or the family should be made while further proceedings are being considered. Interim orders may include restraining orders and orders that parties be evaluated for substance abuse, mental illness, and emotional disturbance and that the recommendations of evaluators be followed. The court may also order parenting classes, mandatory school attendance, visitation, and other services or activities for the benefit of the youth and his or her family. The Court may make a particular placement conditional on compliance with any of its orders.

(g) The parties shall be ordered to keep the Court informed as to any changes in their whereabouts and mailing addresses.

3.02.086 Placement Preferences for Out of Home Placement

If a youth is placed out-of-home, the following placement preferences shall be observed, in order:

(a) In the home of a member of the youth's extended family, whether or not the home is a licensed foster home;

(b) In the home of a member of the youth's tribe;

(d) In emergency placements, in a licensed foster home or other safe place.

Placement of a youth with anyone who is not a member of the Skokomish Indian Tribe or who does not reside on the Skokomish Indian Reservation shall be contingent on the person's written agreement to accept the jurisdiction of the Skokomish Youth Court and to cooperate fully with tribal law enforcement and the Indian Child Welfare Worker's office.

3.02.087 Scheduling a Fact Finding Hearing at First Hearing

If it appears that a petition for Fact Finding will soon be filed, based on the findings at the First Hearing, the Court shall set a time and date for a Fact Finding Hearing and shall so notify the parties at the conclusion of the First Hearing. Notice of the hearing shall be provided to any party who was not present at the First Hearing.

Family Group Conference

3.02.100 Family Group Conference

(a) A Family Group Conference may be convened at any time by the Indian Child Welfare Worker at the request of the youth or any member of the youth's family, or the Indian Child Welfare worker may initiate the conference.

(b) When a Family Group Conference has been requested, the Indian Child Welfare Worker shall contact a Family Group Conference Facilitator. The Facilitator shall contact the requesting person and ask for names of family members who would be acceptable mediators. After consultation with all parties, the Facilitator shall select the mediator or mediators; arrange a date, time and place for the conference; notify the participants; and facilitate the conference.

(c) Participation in the conference shall include the youth's parent(s), guardian(s), or custodian(s); extended family members; the Indian Child Welfare worker and the facilitator, and may include such mental health and medical professionals, school staff, attorneys or other representatives, religious leaders, and friends as the youth's family, or the Indian Child Welfare worker believe are necessary or may be useful to achieving an acceptable agreement. At the beginning of the conference, the Indian Child Welfare worker and other invited professionals and helpers will explain their concerns and issues as they relate to the youth and set forth what resources, if any, they may be able to make available to assist the youth and the youth's family. Then everyone except the family and facilitator shall withdraw from the conference, but shall remain available to provide information as may be requested by the family. Once the family has prepared a plan, the Indian Child Welfare worker and representatives of the parties, if any, shall meet with the family to determine whether the plan is adequate to meet the emotional, health, and safety needs of the youth. If the Indian Child Welfare worker is unable to agree with the family's plan, the family shall be given an opportunity to rework the plan to address the Indian Child Welfare worker's concerns.

(d) The youth may participate in the conference at the discretion of the other parties or by order of the Youth Court if the Court finds such participation is in the best interest of the youth.

(e) Any agreement signed by the participants may be presented to the Youth Court.

(f) If the Family Group Conference is held prior to the commencement of any Youth Court proceeding and the parties reach agreement, the agreement, when set forth in writing and signed by the parties, shall become a binding contract which may be enforced through the procedures set forth in S.T.C. 3.02.100(k) through (m). If no Youth Court proceeding has been filed, the executed agreement shall not be entered as a court order or filed with the court. However, if court enforcement of the agreement becomes necessary, the signed agreement may be admitted as evidence in any enforcement proceeding. All participants shall be clearly informed that a violation of the agreement could result in court action.

(g) A Family Group Conference may also be held at any time after a petition has been filed. A Family Group Conference may be held prior to the First Hearing, and if the parties reach agreement on a temporary disposition, the agreement shall be set forth in writing, signed by the parties and entered by the Youth Court in accordance with the procedure for entry of agreed fact-finding orders set forth in S.T.C. 3.02.114 if the court finds the following conditions have been met:

(1) The court has jurisdiction over the parties and the subject matter of the agreement;

(2) All necessary parties have actual knowledge of the proposed order and have agreed to it;

(3) The order contains the complete agreement of the parties and contains enough information as to the terms of the agreement that a dispute as to the interpretation of the order is not likely to arise in the future;

(4) The order is otherwise legal and enforceable.

(h) A Family Group Conference may also be held between the First Hearing and the Fact-Finding Hearing or after the Fact Finding Hearing and before the hearing on the Family Protection Plan. If the parties reach agreement on a final disposition, the agreement shall be entered by the Court according to the procedure set forth in S.T.C. 3.02.100(g).

(i) Any agreed disposition that has been entered by order of the Youth Court shall be enforced as any other order of the Court.

(j) Any agreed disposition, whether contractual or entered by the court, shall be for a fixed time period and shall not continue beyond the youth's eighteenth (18^th) birthday.

(k) The Indian Child Welfare worker shall monitor the agreed disposition throughout its term. If there has been a failure to comply with the terms of the agreed disposition, the Indian Child Welfare Worker may recommend that the Tribe's representative proceed with a fact finding hearing.

(l) Any party may challenge an allegation of non-compliance before the Youth Court by motion. If the Court finds that the parties have complied, it shall stay the proceedings and reinstate the agreed disposition.

(m) If the Skokomish Tribe or any of its agents fails to comply with the agreed disposition, a party may petition the Youth Court to have the case closed.

(n) If no agreement is reached during the conference or the parties fail to appear at the scheduled conference, a fact finding hearing shall be held as soon as practical.

(o) Family Group Conferences shall not be available in cases where there are allegations of sexual abuse.

Fact Finding Hearings

3.02.110 Purpose

The Court shall conduct a Fact Finding Hearing to determine whether a youth is a child in need of care.

3.02.111 Contents and Filing of the Petition

A petition for Fact Finding Hearing shall be filed by Tribal Law Enforcement or other person authorized by the Tribe to file the petition and shall include:

(a) The name, date of birth, permanent address, and tribal status of the youth and his or her parent, custodian, or guardian;

(b) The facts establishing the Court's jurisdiction;

(c) A detailed statement of the facts and reasons which support the allegation that the child is in need of care. If a request for a First Hearing was filed, it may be incorporated in this petition; and

(d) The location of the youth and the time taken into custody. The location of the youth does not have to be disclosed if it would endanger the youth.

3.02.112 Time and Notice of Hearing

The Court shall set the date for the hearing to take place within forty (40) days of the date the petition is filed. Service of the Notice of Hearing shall be as provided in S.T.C. 3.02.017(g).

3.02.113 Evidence and Burden of Proof

Rules of evidence and burden of proof shall be the same as those which apply to civil actions before the Skokomish Tribal Court.

3.02.114 Agreed Order

The parties to a Fact Finding Hearing may agree to a proposed order which resolves some or all of the issues of the case. Before deciding whether to approve the agreed order, the judge shall hold an in-chambers, ex parte discussion with the parent, custodian, or guardian to:

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

(b) Assure that the person's consent to the proposed order is not the result of coercion, threat, duress, fraud, over-reaching, or improper promise on the part of any person;

(d) Explain that the Tribe has the burden of proving the allegations in the petition and that the person does not have to agree to the proposed order;

(e) Explain that once the person agrees to the proposed order and it is signed and entered by the Court, it will be too late for the person to change his or her mind.

The in-chambers conversation will be recorded. If the parent wants a friend, family member, or other people to be present, the judge shall allow it after first speaking alone with him or her. If the Court finds that any consent was the result of fraud or duress, the agreed order shall be vacated.

3.02.115 Family Protection Plan

The Indian Child Welfare Worker shall prepare a written plan describing his or her recommended alternative for caring for the youth and assisting the youth's family. The plan shall explain why the plan is necessary and its benefits to the youth and the family. The plan shall fully explain any recommendations for out-of-home placement of the youth. The professional opinions of all persons consulted; including the opinions of the Child Protection Team, community leaders and elders; shall be included. The Indian Child Welfare Worker shall file the report with the Court and provide copies to all parties at least five (5) days before any hearing on the Family Protection Plan.

3.02.116 Other Suggested Plans

Any person who is involved with a child in need of care case may prepare his or her recommendations to the Court in the form of a Family Protection Plan. Copies shall be provided to all parties to the case prior to any hearing on the Plan.

3.02.117 Hearing to Decide the Family Protection Plan

A hearing shall be set to decide what plan will best meet the needs of the youth and assist the youth’s family. This hearing may take place the same day as the Fact Finding Hearing or may take place up to thirty-five (35) days from the date of the Fact Finding Hearing. The Court shall determine the scheduling and shall cause notices of hearing to be served on all parties.

If, prior to the date set for hearing, all parties are able to agree on a plan, the plan may be entered by the Youth Court in accordance with the procedure for entry of agreed fact-finding orders set forth in S.T.C. 3.02.114.

If no plan is entered by agreement, the Court shall hear testimony and consider all Family Protection Plans submitted. All parties shall be given a chance to contest the facts and conclusions presented in each Plan.

3.02.118 Court Ordered Family Protection Plan

If a youth is in need of care, the Court shall order a Plan for his or her protection and well-being. The Plan shall either allow the youth to remain with his or her parent, guardian, or custodian or order an out-of-home placement consistent with the placement preferences in ~~section 16.02.17.~~S.T.C. 3.02.086. The Court may make any placement conditional on compliance with its orders.

The Court shall make any other orders necessary for the protection and well-being of the youth and family. Such orders may include restraining orders and orders that parties be evaluated for substance abuse, mental illness, and emotional disturbance and that the recommendations of evaluators be followed. The court may also order parenting classes, mandatory school attendance, visitation, and other services or activities for the benefit of the youth and his or her family.

3.02.119 Costs of Support

If an out-of-home placement is ordered, the youth's parents or guardian from whom the youth was removed may be ordered to provide support for the youth. Payments, in-kind goods, or services shall be made to the Skokomish Department of Social Services and released to the person or agency having physical custody of the youth for the benefit of the youth, or otherwise coordinated by Skokomish Social Services. Social Services shall coordinate the receipt and distribution of support contributions with the Skokomish Youth Court and the Skokomish Accounting Department.

3.02.120 Review Hearings

The Court shall conduct a hearing to review its Plan at least once every six months, or earlier upon motion of any party. The Court shall review whether the parties are complying with the order and shall consider whether modification is necessary to protect the youth and strengthen the family.

Long-Term Guardianship

3.02.130 Purpose

It has long been the custom of the Skokomish Indian Tribe that a youth may be cared for by persons other than a parent, without excluding the parent from the youth’s life. It is intended that these sections be applied with flexibility for a variety of family situations and problems.

3.02.131 Petition for Guardianship - Who May File

Any person at least eighteen (18) years old may file a petition with the Court requesting that he or she be appointed as the long-term guardian of a youth. A petition filed by a married person shall also be signed by the married person's spouse unless his or her whereabouts are unknown.

3.02.132 Petition - Contents

A petition for appointment of a long-term guardian shall include:

(a) The name, birthdate, residence, and tribal status of the youth who is the subject of the petition;

(b) The name, birthdate, residence, and tribal status, if known, of the youth’s parent(s) and of the petitioner(s);

(d) A statement by the petitioner(s) of the facts and reasons supporting his or her request to be appointed as a guardian.

3.02.133 Setting the Hearing

When the Court receives the petition it shall set a hearing date, which shall not be more than forty (40) days after the Court received the petition, unless continued for good cause. Service of the Notice of Hearing shall be as provided in S.T.C. 3.02.017(g).

3.02.134 Indian Child Welfare Report

For every long-term guardianship petition, the Indian Child Welfare worker shall provide the Court, or arrange for the Court to be provided, with a complete guardianship, home study report including, but not limited to, a recommendation as to the petitioners' financial ability to support the youth. The Indian Child Welfare Worker shall file and serve the guardianship report, as provided in S.T.C. 3.02.017(d).

3.02.135 Additional Reports

Any party may file and serve a report setting forth his or her recommendations regarding the guardianship, as provided in S.T.C. 3.02.017(d).

3.02.136 Guardianship 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 hear testimony to determine whether long-term guardianship is in the best interest of the youth and the tribal community. The Court shall consider all guardianship reports submitted for review. All parties shall be given the opportunity to contest the factual contents and conclusions of the guardianship reports.

3.02.017 Grounds for Appointing a Guardian

If the Youth Court finds that the youth is without care or custody, that the petitioner(s) can provide appropriate and adequate parental care for the youth, and that the long-term guardianship is in the best interest of the youth and the Skokomish Tribe, it shall order long-term guardianship pursuant to the petition. "Without care or custody" in this section means that:

(a) The youth has been abandoned;

(b) The youth has been found to be a "Child in Need of Care" as provided in S.T.C. 3.02.050 through S.T.C. 3.02.052;

(c) The youth's parents voluntarily agree, without duress and in the presence of the Youth Court judge, to the long-term guardianship;

(d) The youth's parents are deceased. If the youth's parents are deceased and have left a legal will nominating or otherwise recommending a guardian or other caretaker for the youth, the parents' recommendation shall be honored by the Youth Court absent a specific finding based on clear and convincing evidence that the parents' recommendation would be detrimental to the best interest of the youth.

3.02.138 Placement Preference

The preference for appointment of a long-term guardian shall be:

(a) A member of the youth’s extended family;

(b) A member of the Skokomish Indian Tribe;

(d) A member of the Skokomish Tribal community, which shall include persons living on the Skokomish Indian Reservation or in Mason County who participate in tribal activities and are considered part of the tribal community, based on evidence presented at the hearing;

(e) If the above criteria cannot be met, for good cause shown, placement may be made with any person who has knowledge of and a desire to foster the youth’s tribal affiliation and special needs.

3.02.139 Powers of Guardian

(a) Unless otherwise ordered by the Court, a long-term guardian has all the rights and responsibilities of a parent for the youth, except that the following shall require Court approval:

(1) Sterilization.

(2) The enrollment of a youth who is eligible for enrollment in the Skokomish Tribe in another tribe.

(b) Unless otherwise ordered by the Court, the guardianship shall not be subject to continuing review by the Court or subject to continuing supervision by Skokomish Social Services.

(c) A youth shall not be removed from the custody of his or her guardian except under circumstances that would warrant removal if the guardian were the youth's parent.

3.02.140 Appointment of Guardian for a Youth’s Property

The Court may appoint a person or financial institution to be the guardian of a youth’s property. This may be a different person than the guardian who provides direct care to the youth.

3.02.141 Existing Trusts

If the youth’s property is subject to a trust (for example, where a parent has died leaving property to a youth in a trust set up in the will), the guardian is bound by the trust provisions. The Court has the power to review any trust in connection with appointment of a guardian and to impose any protections necessary to enforce the trust, to insure that the guardian fully and regularly accounts for trust funds, and to see that the funds are properly managed.

3.02.142 Removal of Guardian for a Youth's Property

(a) The Court has the power to remove a guardian for a youth's property and appoint a replacement guardian whenever necessary for the youth’s best interest.

(b) When a youth whose property is in guardianship reaches the age of 18, s/he may petition the Youth Court to terminate the guardianship and enter such orders as may be necessary to place him/her in control of his/her property and earnings.

3.02.143 Change of Address

Guardians shall immediately notify the Court, in writing, of any change of address.

3.02.144 Termination of Guardianship

(a) Generally, a long-term guardianship shall terminate upon the death, marriage, emancipation, adoption, or eighteenth birthday of the youth (unless continued by the Court) or upon order of the Court.

(b) Upon the petition of a parent of a youth in long-term guardianship, the youth may be returned to the parent, after notice and hearing, upon a showing by clear and convincing evidence that the parent is willing and able to resume permanent care of the youth and that return to the parent is in the best interest of the youth.

Termination of Parental Rights

3.02.150 Purpose

The Skokomish Indian Tribe has not traditionally provided for the termination of a parent’s rights. It is currently the custom of the Tribe to view involuntary termination of a parent’s rights as a last resort when it is clear that long-term guardianship is insufficient to meet the needs of the youth and an adoption has been arranged.

3.02.151 Petition for Termination of Parental Rights - Who May File

Any person at least eighteen (18) years old may file a consent to allow the adoption of his or her child. Only a representative of the Skokomish Indian Tribe may file a petition for involuntary termination of a parent’s rights.

3.02.152 Petition - Contents

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

(a) The name, birthdate, residence, and tribal status of the youth who is the subject of the petition;

(b) The name, birth date, residence, and tribal status, if known, of the youth's parent(s), guardian(s), or custodian(s);

(d) A statement by the petitioner (whether the petitioner is the Tribe or a parent) of the facts and reasons supporting the request; and

(e) A copy of the adoption petition filed in conjunction with the termination petition.

3.02.153 Setting the Hearing

When the Court receives the petition it shall set a hearing date, which shall not be more than forty (40) days after the Court receives the petition, unless continued for good cause. Service of the Notice of Hearing shall be as provided in S.T.C. 3.02.017(g).

3.02.154 Indian Child Welfare Report

For every termination petition, the Indian Child Welfare worker shall provide the Court, or arrange for the Court to be provided, with a pre-termination report. The person preparing the report shall conduct a complete home study and shall consult with the youth's parent(s); all health, education, and social service personnel who have had prior professional contacts with the youth; and with the petitioner(s) to determine whether termination of the parent’s rights would be in the best interest of the youth. The report shall be in writing and contain the professional opinions of all persons consulted. The Court may waive the requirement of a pre-termination report in cases where a parent is consenting, provided that all requirements for a proper consent under this chapter have been met. The Indian Child Welfare Worker shall file and serve the pre-termination report, as provided in S.T.C. 3.02.017(d).

3.02.155 Additional Reports

Any party may file and serve a report setting forth his or her recommendations regarding the proceeding, as provided in S.T.C. 3.02.017(d).

3.02.156 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. In addition to the notice requirements of S.T.C. 3.02.017(b), special efforts shall be made to locate the parent(s) whose rights may be terminated. 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).

3.02.157 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 an adoption petition has been filed in conjunction with the termination petition. In addition, the Court must, in cases of voluntary termination, first approve the parent’s consent as provided herein, or in cases of involuntary termination, the Tribe must prove by clear and convincing evidence each of the following:

(a) That the youth has been abandoned or is a "Child in Need of Care" as provided in S.T.C. 3.02.050 through S.T.C. 3.02.052.

(b) That termination of the parent’s rights and adoption are in the best interest of the youth and of the Skokomish Indian Tribe;

(c) That the Tribe has offered or helped arrange for appropriate resources to help the parent care appropriately for the youth; and

(d) That it is unreasonable to expect that the parent will ever be able to care appropriately for the youth.

3.02.158 Consent

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

(a) The parent is at least eighteen (18) years old;

(b) 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 long-term guardianship;

(c) The parent orally explains his or her understanding of the meaning of the termination of his or her parental rights to the Youth Court and the Court makes a specific finding that the terms and consequences of the consent were fully explained to and were fully understood by the parent; and

(d) The consent is given no sooner than thirty (30) days after the birth of the child. The child may be placed with the prospective adoptive parents or other care giver during this 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 youth from the parent, the youth shall be returned to the parent.

3.02.159 Disposition

If parental rights are terminated by the Youth Court, the Court shall set the adoption hearing. This hearing may take place the same day as the termination hearing or may take place up to thirty (30) days from the date of the adoption hearing. If parental rights are not terminated, but the Court finds the youth is a "Child in Need of Care" as provided in S.T.C. 3.02.050 through S.T.C. 3.02.052, the Court may set a "Hearing to Decide the Family Protection Plan" in accordance with S.T.C. 3.02.117.

Adoption

3.02.170 Petition for Adoption - Who May File

Any person at least eighteen (18) years old may file a petition with the Court to adopt a youth. If the petitioner is married, his or her spouse must also be at least eighteen (18) years old and must sign the petition, unless the spouse’s whereabouts are unknown or unless waived by the Court.

“Spouse” for purposes of this section includes a partner to a relationship in which the partners undertake together to provide for the care, control, education, health, and welfare of the partners' minor children.

3.02.171 Petition - Contents

The adoption petition shall include:

(a) The name, birthdate, residence, and tribal status of the youth who is the subject of the petition;

(b) The name, birthdate, place and duration of residence, and tribal status of the petitioner(s);

(d) The relationship, if any, of the petitioner(s) to the youth;

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

(f) A description of all previous court proceedings involving the care or custody of the youth to be adopted and the results of these proceedings along with copies of all court orders;

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

(h) A request to change the youth's name if the petitioner(s) wish to make such a request; and

(i) A copy of any termination petition filed in conjunction with the adoption petition.

3.02.172 Availability for Adoption

A youth may be adopted only if the youth's parents are deceased or if the parental rights of the youth have been terminated.

3.02.173 Setting the Hearing

When the Court receives the petition for adoption it shall set a hearing date, which shall not be more than forty (40) days after the Court receives the petition, unless continued for good cause shown. Service of the Notice of Hearing shall be as provided in S.T.C. 3.02.017(g). The Secretary of the Skokomish Tribal Council shall be a necessary party to all adoption proceedings before the Skokomish Youth Court.

3.02.174 Indian Child Welfare Report

For every adoption petition, the Indian Child Welfare worker shall provide the Court, or arrange for the Court to be provided, with a complete pre-adoption, home study report including, but not limited to, the following:

(a) The physical and mental condition of the youth, petitioner(s) and persons living in the petitioners' home;

(b) The circumstances of the voluntary or involuntary termination of the parents' rights to the child or of the parents' death;

(d) The youth’s and petitioners' cultural heritage and tribal status;

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

(f) The names and ages of the petitioners' children and of any other persons residing with the petitioner(s);

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

(h) The results of a criminal background check of the petitioner(s);

(i) Any evidence of alcohol and drug abuse in petitioners' household;

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

The Indian Child Welfare Worker shall file and serve the pre-adoption report, as provided in S.T.C. 3.02.017(d).

3.02.175 Additional Reports

Any party may file and serve a report setting forth his or her recommendations regarding the adoption, as provided in S.T.C. 3.02.017(d).

3.02.176 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.

3.02.177 Grounds for Entering Decree of Adoption

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

(a) The youth is available for adoption as provided in S.T.C. 3.02.172.

(b) The adoption is in the best interest of the youth and the Skokomish Indian Tribe; and

3.02.178 Placement Preferences

The Court shall be guided by the placement preferences set forth in S.T.C. 3.02.138 in deciding whether to grant a petition for adoption. The Court may deny a petition for adoption if the petitioner does not fall into one of the categories set forth in S.T.C. 3.02.138.

3.02.179 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 youth.

3.02.180 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:

(a) A finding that the youth is available for adoption;

(b) An order that the youth is, for all intents and purposes, the child, legal heir, and lawful issue of the petitioner(s);

(d) An order changing the name of the youth and the full name of the youth upon adoption, if such an order has been requested;

(e) Orders directing the Court Clerk to forward a certified copy of the decree to the appropriate Bureau of Vital Statistics for the purpose of obtaining a corrected birth certificate when the adoption becomes permanent;

(f) An order that the records of the proceeding shall remain sealed unless otherwise ordered by the Court.

3.02.181 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 youth 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 nor does it affect the youth's enrollment status as a member of any Tribe.

3.02.182 Visitation

Adoptive parents shall be encouraged to help the youth 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 youth.

3.02.183 Adoption Records

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

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

(b) 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 S.T.C. 3.02.180(e); and

(c) An adopted child may petition the Court, upon reaching eighteen years of age, for release of specifically requested information, limited to: the biological parents’ name, address, tribal status and social security number and the names and relationship to the youth of relatives, for the purpose of medical need or medical history information, to assist in making a relative placement of a child of the adoptive youth, or for the purpose of enrolling the youth or the youth's descendants in an Indian Tribe or other Native nation or organization.

(d) Upon receipt of the petition submitted by the youth to gain information about his or her biological parents, the Youth Court shall review all Information and order the release of such information as the Court may determine to be reasonably necessary to the lawful purposes set forth herein.

Emancipation

3.02.200 Purpose

Any Indian youth who is a resident or is domiciled on the Skokomish Reservation and is at least seventeen (17) years of age, who is living separate and apart from his/her parent, guardian or custodian, capable of self-support and of managing his/her own financial affairs, may petition the Court to have the status of an emancipated person for limited or general purposes.

3.02.201 Who May Petition

A youth may file this petition in his/her own name.

3.02.202 Contents

The petition for emancipation shall state:

(a) The name, age and address of the youth;

(b) The name and address of each living parent;

(d) The reasons why emancipation would be in the best interest of the youth;

(e) The purposes for which emancipation is sought.

3.02.203 Consent or Written Recommendation

The youth must obtain either the consent of each living parent, guardian or custodian having control of the person or property of the youth or an affidavit from an Indian Child Welfare (ICW) worker or other appropriate service provider recommending emancipation and setting out the factual basis for the recommendation.

3.02.204 Standard to Be Applied

The Court may remove the disabilities of minority as requested in the petition if found to be in the best interests of the youth, after a hearing. Emancipation may be for general purposes or the limited purposes specified in the order.

3.02.205 Rights of Emancipated Youth

Except for specific constitutional and statutory age requirements, including but not limited to, voting and use of alcoholic beverages, a youth whose disabilities are removed for general purposes has the power and capacity of an adult including, but not limited to the right to control himself/herself and his/her property, the right to be domiciled where he/she desires, the right to receive and control all earnings, the right to sue and to be sued, and the capacity to contract.

Severability

3.02.220 Severability

Should any provision of this code be declared by invalid by a court of competent jurisdiction, such decision shall not affect the validity of any other part o the code which can be given effect without the invalid part.

Amendments

3.02.230 Amendments

Amendments to this Code will be effective upon enactment by the Tribal Council.