A custody order from the Port Gamble S'Klallam Court is required before any agency or person outside the Tribe removes or places a child, in an emergency situation. (Court orders for non-emergency situations are also required and are covered later in this title.) Tribal law enforcement may obtain such an order if there is sufficient time before the removal or placement is necessary.
(Res. 90 A 35, 5/8/1990)
The Court may issue an emergency custody order upon an oral or written statement of facts showing probable cause to believe that a child 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 child to be taken into custody, state the time and date issued, the place where the child is to be taken and the name of the person or persons authorized to take the child 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.
(Res. 90 A 35, 5/8/1990)
A person or agency who takes emergency custody of a child 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 child and his or her parent, custodian, or guardian;
(b) 
The facts establishing the Court's jurisdiction;
(c) 
A statement of the facts which support the allegation that the child is in need of care; and
(d) 
The location of the child and the time taken into custody. The location of the child does not have to be shared with the parent if it would endanger the child.
(Res. 90 A 35, 5/8/1990)
Within three (3) working days of taking a child into emergency custody, a hearing shall be convened by the Court, unless a judge is not available. In that case, the hearing shall take place as soon as a judge is available. The Indian Child Welfare Worker and Tribal Law Enforcement are responsible for letting the Court Clerk know as early as possible who the parties are, so notice of the hearing can be given. If the parent, custodian, or guardian does not appear at the hearing, the Court may order a recess to try to find him or her.
(Res. 90 A 35, 5/8/1990)
The Court shall make the following determinations at the hearing:
(a) 
The tribal status of the child;
(b) 
Whether there is probable cause to believe the child is in need of care;
(c) 
The best interest of the child and the Tribe with regard to any action to be taken;
(d) 
Whether out-of-home placement shall be continued for the protection of the child or if the child can safely be returned to the home;
(e) 
Whether interim orders for the protection of the child and/or the family should be made while further proceedings are being considered. The Court may issue restraining orders; evaluation and treatment (including involuntary residential treatment) of substance abuse, mental illness, and emotional disturbance; parenting classes; mandatory school attendance; visitation orders; child support orders and other service or activities for the benefit of the child and his or her family. The Court may make a particular placement conditional on compliance with any of its orders; and
(f) 
The parties shall be ordered to keep the Court informed as to any changes in their whereabouts and mailing addresses.
(Res. 90 A 35, 5/8/1990; Res. 02 A 098, 9/10/2002 amended this section to add child support to the list of interim orders the court may make.)
If a child is placed out-of-home, the following placement preferences shall be observed, in order:
(a) 
With a member of the child's extended family;
(b) 
With a member of the child's tribe;
(c) 
A person from another tribe; or
(d) 
In emergency placements, any other safe place.
Placement of a child with anyone who is not a member of the Port Gamble S'Klallam Tribe or who does not reside on the Port Gamble S'Klallam Reservation shall be contingent on the person's written agreement to accept the jurisdiction of the Port Gamble S'Klallam Court and to cooperate fully with tribal law enforcement and the Indian Child Welfare Worker's office.
(Res. 90 A 35, 5/8/1990)
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.
(Res. 90 A 35, 5/8/1990)