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.