The care of children is both a family and a tribal responsibility. Any member of the Port Gamble S'Klallam Tribe and persons residing within the jurisdiction of the Tribe who have reason to believe that a child 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, law enforcement and members of the clergy.
(Res. 90 A 35, 5/8/1990)
All persons who report child abuse or neglect are immune from civil liability and criminal prosecution.
(Res. 90 A 35, 5/8/1990)
Any person who is required to report abuse or neglect under section 16.02.03 and who knowingly fails to report abuse or neglect is subject to a civil fine not to exceed $5,000.00.
(Res. 90 A 35, 5/8/1990)
A report shall include:
(a) 
The name, birthdate, address, and tribal status of the child, 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.
(Res. 90 A 35, 5/8/1990)
The policy of the Port Gamble S'Klallam Tribe toward investigation of child abuse and neglect is one of open communication between agencies and departments for the protection of children 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 child shall be the overriding consideration.
(Res. 90 A 35, 5/8/1990)
A report that a child is in need of care may come from a community member, a school representative, state Child Protective Services, or any of the mandatory reporters listed in section 16.02.03. If the report is initially received by the Indian Child Welfare Worker’s office, 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 child, the Indian Child Welfare Worker’s office shall be notified. The two departments shall cooperate with one another, along with any other agencies or departments which are involved, to protect the child and family, and to resolve the matter.
(Res. 90 A 35, 5/8/1990)
Tribal Law Enforcement shall be responsible for:
(a) 
Conducting criminal and civil investigations which may be associated with a report that a child is in need of care;
(b) 
Coordinating with other departments or agencies (e.g. notice to C.P.S. in cases of intra-family abuse and neglect);
(c) 
Providing protection and assistance in the removal and placement of children, on request, to the Indian Child Welfare Worker and authorized child protection and placement agency personnel;
(d) 
Taking custody of a child if the officer believes the child is in immediate and serious danger and removal is necessary for the child’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 child in a safe, emergency placement consistent with the short term placement preferences in section 16.02.17;
(e) 
Filing petitions for child in need of care, on behalf of the Port Gamble S'Klallam Tribe; and
(f) 
Work with the Indian Child Welfare Worker to notify the parent, guardian, or custodian if he or she is unaware that the child has been placed out of the home, but the location of the placement shall not be released if necessary for the child’s protection.
(Res. 90 A 35, 5/8/1990)
The Indian Child Welfare Worker shall:
(a) 
Take custody of a child if the Indian Child Welfare Worker reasonably believes the child is in immediate and serious danger and removal is necessary for the child’s safety or well-being. The Indian Child Welfare Worker shall be accompanied by Law Enforcement unless Law Enforcement is unavailable;
(b) 
Take the lead role in finding appropriate licensed homes or licensed care for children and placing them there;
(c) 
Provide assistance to families to prevent out of home placement and to reunite families;
(d) 
Filing petitions for child in need of care, on behalf of the Port Gamble S’Klallam Tribe;
(e) 
Prepare reports and appear in court as required under this code and by the Court;
(f) 
Coordinate and communicate with all agencies and departments involved in the protection of children;
(g) 
Assist Law Enforcement in investigations, upon request;
(h) 
Appear in state and other tribes’ courts as experts and on transfer of jurisdiction cases.
(Res. 90 A 35, 5/8/1990; Res. 09-A-057, 5/12/2009, amended this section to authorize program to place children in licensed home care and clarified authorization to file petitions on PGST’s behalf)