When the words listed in this section appear in this title, they shall have the following meaning unless a different meaning is clearly intended.
(a) 
"Abandonment."
A parent has not contacted the child 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 child either by court order or parent's permission. This term generally applies to foster parents, child placing agencies, and persons temporarily caring for a child at the request of a parent.
(d) 
"Extended Family."
This term does not have a precise definition. Under Port Gamble S'Klallam custom, there are formal and informal ties which bind the community. Extended family ties are based on blood lines, 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 Port Gamble S'Klallam community who is reliable, responsible, loving, and willing to care for a child may be considered extended family.
(e) 
"Licensed Home" or "Licensed Care."
Person(s) licensed to regularly provide care on a twenty-four hour basis to one or more children in the person’s home. The terms may be used interchangeably.
(f) 
"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 Port Gamble S'Klallam Tribe, regardless of federal recognition status.
(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 child'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 child is a member or eligible for membership. (Membership and enrollment are used interchangeably in this title.)
(Res. 90 A 35, 5/8/1990; Res. 09-A-057, 5/12/2009, amended this section to add definition of licensed home or licensed care.)
A guardian ad litem is a person appointed by the Court to represent the best interests of a child. The Court shall appoint a guardian ad litem when a parent cannot exercise sound judgment on behalf of the child, unless no one is available to serve as a guardian ad litem.
(Res. 90 A 35, 5/8/1990)
This title is part of the Port Gamble S'Klallam Law and Order Code. The Court's jurisdiction, procedures for closed hearings and records, and other relevant sections of the Law and Order Code apply to proceedings under this title.
(Res. 90 A 35, 5/8/1990)
The sovereign immunity of the Port Gamble S'Klallam Tribe shall in no manner be waived by this title. The Business Committee members and employees, appointees, and volunteers of Port Gamble S'Klallam Tribe (including but not limited to the Community Health Representative, alcohol program, foster home program and foster parents, tribal law enforcement, mental health, tribal court personnel, head start, and other persons and departments serving children and families) are cloaked with the sovereign immunity of the Port Gamble S'Klallam Tribe. No person referred to above shall be liable for the inability or failure to provide services to any person.
(Res. 90 A 35, 5/8/1990)
Except as otherwise provided in this title, every document which is required or allowed to be served on a person shall be given by:
(a) 
Personal service (see section 3.02.04),
(b) 
Certified mail with return receipt requested and by regular mail, or
(c) 
Any other method approved by the Court.
(Res. 90 A 35, 5/8/1990)
The Court may give recognition to state and other tribes' court orders 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 and the order does not violate the public policy of the Port Gamble S'Klallam Tribe.
(Res. 90 A 35, 5/8/1990)
If the Court or any party, in a proceeding involving the out-of-home-placement of a child, has reason to believe that the child 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.
(Res. 90 A 35, 5/8/1990)
The Court has the authority to accept transfers of jurisdiction from other courts or governments. The Court shall only transfer a case under this title to another court or government if it has no jurisdiction over the case or for compelling reasons.
(Res. 90 A 35, 5/8/1990)
In cases where more than one government has an interest in the proceeding, the Court shall hold a hearing upon notice to the interested parties. The Court shall weigh the following factors and decide whether or not the Port Gamble S'Klallam Court has jurisdiction, and if so, whether 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;
(c) 
The recommendation of tribal law enforcement and of social and health services staff;
(d) 
The place each party lives and their tribal status;
(e) 
The ties and contacts each party has with the communities involved; and
(f) 
Whether the other government (tribe) has responded to the notice.
(Res. 90 A 35, 5/8/1990)