Port Gamble S'Klallam Tribe Article I General Provisions [1]

[1] Editor's Note: The article numbers for the headings in Ch. 16.02 were added by the codifier for organizational purposes only and were not part of the original legislation.

§ 16.02.01 Purpose.

This chapter provides a process for the Port Gamble S'Klallam Tribe to protect and assist children and families. The Tribe has always served this function without a formal code. The purpose of this written procedure is to help people and agencies outside of the Tribe to understand how to work with the Tribe to protect and assist children and families, and to better coordinate the services the Tribe offers children and families.

(Res. 90 A 35, 5/8/1990)

§ 16.02.02 Child in Need of Care.

In determining whether a child is in need of care, the following terms and situations shall be interpreted consistently with the Port Gamble S'Klallam Foster Care Standards which are incorporated by reference as part of this code, and by the Robert Bensel indicators and guidelines which are also incorporated by reference as part of this code. 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. A “child in need of care” is one who:

(a) Has been neglected. This term includes:

-	A child who is not receiving the food, clothing, shelter, medical care, dental care, education, or supervision needed for his or her well-being or development,
-	An infant who is failing to thrive,
-	A child who is not dressed adequately for weather conditions,
-	A child who is truant as defined by the Law and Order Code,
-	A child left with a baby sitter who is intoxicated, irresponsible, or too young,
-	A child who lacks parental control because of the habits or fault of the parent(s), guardian, or custodian,
-	A child who is doing the work of a parent in running a household because the parent refuses or fails to act as a parent or forces the child,
-	A child exposed to a dangerous situation as a result of parental negligence,
-	A child whose parent(s) misuse benefits intended for the child, such as selling or squandering food stamps or commodities,
-	An unborn child whose mother is using alcohol or illegal drugs,
-	A nursing child whose mother is using alcohol or other drugs to an extent that the baby may be endangered,
-	An unborn child whose mother is not receiving adequate prenatal care,
-	A child who is allowed access to alcohol or other drugs,
-	A child who is allowed to be out after curfew, if the Tribe has established a curfew,
-	A child who is a runaway,
-	A child with untreated head lice,
-	A child who is attempting to live independently but does not have the financial means to care for him or herself.

(b) Has been physically abused. This term includes:

-	Any bruising, welting, abrasion, lesions, burns, broken bones, or other damage to the body, not clearly caused by pure accident,
-	A child who has been given inappropriate food, drink or drugs or a child who is suffering from malnutrition,
-	Inappropriate punishment (see S'Klallam Foster Care Standards).

(c) Has been emotionally maltreated. Emotional maltreatment causes impaired psychological growth and development of the child. Both community values and professional expertise should be looked at when deciding whether emotional maltreatment has taken place. Some indicators of emotional maltreatment are:

-	The child’s social relationships are seriously impaired: very low self-esteem, a consistent pattern of emotional difficulties such as listlessness, apathy, depression and self-deprecating remarks;
-	Serious inability of the child to respond appropriately to the normal behavior of adults (e.g. the child cowers or ingratiates himself to adults);
-	Rejection: refusal to accept the child;
-	Ignoring: the parent deprives the child of essential responsiveness which stifles emotional growth and development of the child;
-	Ridicule / Terrorizing: Verbal assaults creating a climate of fear, bullying the child, name-calling, destroying the child’s possessions, or attacking beloved people or pets;
-	Isolating: Cutting a child off from normal social experiences, preventing a child from forming friendships, or a child who is locked in or locked out of the home or who leaves home because of partying in the home;
-	Corrupting: teaching a child socially deviant behavior such as rewarding aggression, delinquency, or sexually precocious behavior;
-	Penalizing a child for positive, normal behavior;
-	Discouraging the attachment between care-giver and infant; failure to thrive and physical abuse may follow; or
-	Exposure to domestic violence in the family: the child observes or overhears violence between members of the family and/or the child lives in an atmosphere of severe abusive conflict, creating acute or chronic fear in the child.

(d) Has been sexually abused. This term includes:

-	Contacts or interactions between a child and an adult when the child is being used for the sexual stimulation of the perpetrator or another person;
-	Sexual abuse may also be committed by a person under the age of 18 when that person is either significantly older than the victim or when the perpetrator is in a position of power or control over another child;
-	The exposure of the perpetrator's genitals in the presence of a child, or any other sexual act, if such exposure or sexual act is for the purpose of sexual arousal or gratification, aggression, degradation, or other similar purpose;
-	Obscene calls, jokes, peeping, or sexual propositions;
-	Child pornography or sexual positioning for photos;
-	Forcing a child to watch sexual act or sexual violence;
-	Unwanted hugs, kisses, pinching, tickling;
-	French kissing, handling genitals, masturbation, mouth to genital contact;
-	Oral, anal, or vaginal rape;
-	Sexual maiming or sexual bondage.

Port Gamble S'Klallam custom recognizes that a parent may need to place a child with another caregiver for a brief or long time. This is not in itself ground for a child in need of care action, provided the substitute caregiver is adequately caring for the child. However, a parent who has placed a child with another person because he or she is unable to adequately care for a child is still expected by the community to work toward becoming a good parent.

(Res. 90 A 35, 5/8/1990; amended by Res. 01-A-084, 8/14/2001, which strengthens the protections for unborn children when a mother uses alcohol or illegal drugs and clarifies that failure to obtain adequate dental care for a child constitutes neglect; Res. 02 A 098, 9/10/2002 amended this section to add to examples of neglect, “A child who is attempting to live independently but does not have the financial means to care for him or herself.”; Res. 03 A 130, 9/9/2003 added the provision under subsection (c) on exposure to domestic violence. Exposure to domestic violence negatively impacts a child’s emotional, social and psychological development. It may become a learned pattern leading to adult criminal behavior and it may be transmitted to future generations. Acute or chronic experience of violence can cause chemical changes in the brain, altering a child’s brain development)