The Indian Child Welfare Worker shall prepare a written plan describing all reasonable and appropriate alternatives for caring for the child and assisting his or her family. It shall explain why the plan is necessary and its benefits to the child and the family. It shall fully explain any recommendations for out-of-home placement of the child. The professional opinions of all persons consulted shall be included, including the Port Gamble S’Klallam Child Support Program’s recommendation, if any, regarding establishment or modification of child support. The Indian Child Welfare Worker shall file the report with the Court and provide copies to all parties at least five (5) days before any hearing on the Family Protection Plan.
(Res. 90 A 35, 5/8/1990; Res. 02 A 098, 9/10/2002 amended this section to add child support provisions to the family protection plan.)
Any person who is involved with a child in need of care case may prepare his or her recommendations to the Court in the form of a Family Protection Plan. Copies shall be provided to all parties to the case prior to any hearing on the Plan.
(Res. 90 A 35, 5/8/1990)
A hearing shall be held to decide what plan will best meet the needs of the child and assist the child’s family. This hearing may take place right at the end of the Fact Finding Hearing or may take place up to thirty-five (35) days from the date of the Fact Finding Hearing. The Court shall determine the scheduling and shall cause notices of hearing to be served on all parties.
The Court shall hear testimony and consider all Family Protection Plans submitted. All parties shall be given a chance to contest the facts and conclusions presented in each Plan.
(Res. 90 A 35, 5/8/1990)
If a child is in need of care, the Court shall order a Plan for his or her protection and well-being. The Plan shall either allow the child to remain with his or her parent, guardian, or custodian or order an out-of-home placement consistent with the placement preferences in section 16.02.17.
The Court may make any placement conditional on compliance with its orders.
The Court shall make any other orders necessary for the protection and well-being of the child and family. Such orders may include but are not limited to: 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 services or activities for the benefit of the child and his or her family. In those cases where collection of child support would be detrimental to the well being of the child, there shall be a $0 child support.
(Res. 90 A 35, 5/8/1990; Res. 02 A 098, 9/10/2002 amended this section to add child support provisions.)
The Court shall conduct a hearing to review its Plan at least once every six months, or earlier upon motion of any party. The Court shall review whether the parties are complying with the order and shall consider whether modification is necessary to protect the child and strengthen the family.
(Res. 90 A 35, 5/8/1990)
The Court shall conduct a hearing to review its Plan twelve (12) months after the child has been taken into custody and entered licensed care. The Court shall review whether the parties are complying with the Plan, determine whether to return the child home, to continue out-of-home placement, or whether another planned living arrangement is in the best interests of the child. The Court will also determine if reasonable efforts were made to support the planned living arrangement, and if modification is necessary to protect the child and strengthen the family.
(Res. 09-A-057, 5/12/2009)