The Port Gamble S'Klallam Tribe has not traditionally provided for the termination of a parent’s rights. It is currently the custom of the Tribe to view involuntary termination of a parent’s rights as a last resort and a process to be used only when an adoption has been arranged. This chapter addresses both involuntary termination of a parent’s rights and termination of parental rights by consent of the parent in the course of an adoption.
(Res. 90 A 35, 5/8/1990)
A petition for termination of a parent’s rights shall include:
(a) 
The name, birthdate, residence, and tribal status of the child who is the subject of the petition;
(b) 
The name, birthdate, residence, and tribal status, if known, of the child’s parent(s) , guardian(s), or custodian(s);
(c) 
If the child is residing with someone other than a parent, the location and length at that location; and
(d) 
A statement by the petitioner (whether the petitioner is the Tribe or a parent) of the facts and reasons supporting the request.
(Res. 90 A 35, 5/8/1990)
When the Court receives the petition it shall set a hearing date, which shall not be more than forty (40) calendar days after the Court received the petition, unless continued for good cause.
(Res. 90 A 35, 5/8/1990)
Notice of hearing shall be given at least twenty (20) calendar days before the hearing. The notice shall include the date, time, and place of the hearing and a copy of the petition. The notice shall be served on:
(a) 
The petitioner;
(b) 
The child;
(c) 
The child’s parent(s);
(d) 
The presenting officer or other designated representative of the Port Gamble S'Klallam Tribe;
(e) 
Any person the Court deems necessary for proper adjudication. The Court may discover that additional persons should be notified after the proceedings are in progress. The Court may continue the proceedings in order to give those persons notice; and
(f) 
Any person the parties believe necessary for the hearing.
(g) 
If the child is not enrolled in the Port Gamble S'Klallam Tribe, any tribe the child is enrolled in or is eligible for enrollment shall be notified.
(Res. 90 A 35, 5/8/1990)
The petitioner shall arrange to have a pre-termination report prepared by the Indian Child Welfare program within the Tribe, by the Department of Social and Health Services, or by another professional who is qualified to prepare such a report. The agency preparing the report shall conduct a complete home study and shall consult with the child’s parent(s); all health, education, and social service personnel who have had prior professional contacts with the child; and with the petitioner(s) to determine whether termination of the parent’s rights would be in the best interest of the child. The report shall be in writing and contain the professional opinions of all persons consulted. The Court may waive the requirement of a pre-termination report in cases where a parent is consenting, provided that all requirements for a proper consent under this chapter have been met.
(Res. 90 A 35, 5/8/1990)
Petitioner(s) shall file the pre-termination report with the Court at least ten (10) calendar days before the hearing. The Court Clerk shall provide copies of the report to all parties at least five days before the hearing.
(Res. 90 A 35, 5/8/1990)
Any party may file with the Court a report which shall include his or her recommendations regarding the proceeding. The party shall provide copies of the report to all other parties prior to the hearing.
(Res. 90 A 35, 5/8/1990)
The hearing shall be private and closed. Only those persons the Court finds to have a legitimate interest in the proceedings may attend. The Court shall consider all reports submitted for review. All parties shall be given the opportunity to testify and to contest the factual contents and conclusions of the pre-termination report(s).
(Res. 90 A 35, 5/8/1990)
The Court may order termination of a parent’s rights only when an appropriate adoptive home is available and adoption proceedings have been filed in conjunction with the termination proceedings. In addition, the Court must first approve the parent’s consent as provided in this chapter or in cases of involuntary termination the Tribe must prove by clear and convincing evidence of each of the following:
(a) 
That the parent has:
(1) 
Abused the child physically or sexually,
(2) 
Abandoned the child,
(3) 
Chronically neglected the child, or has
(4) 
Chronically emotionally maltreated the child;
(b) 
That termination of the parent’s rights and adoption are in the best interest of the child and of the tribal community;
(c) 
That the Tribe has offered or helped arrange for appropriate resources to help the parent care appropriately for the child; and
(d) 
That it is unlikely that the parent will be able to care appropriately for the child. The Court shall be guided in making a ruling on this subsection by the factors set forth in appendix A “Predicting Parenting Capacity” which is incorporated here by reference.
(Res. 90 A 35, 5/8/1990)
Consent of a parent to terminate his or her rights to a child is not valid unless:
(a) 
The parent is at least eighteen (18) years old;
(b) 
The parent has received counseling from an appropriate professional who has explained the consequences of terminating his or her rights, has explored all available services to help the parent care for the child (such as parenting classes and substance abuse treatment), and has explored alternatives to termination and adoption, such as guardianship;
(c) 
The parent orally explains his or her understanding of the meaning of termination of parental rights to the judge and the judge certifies that the terms and consequences of the consent were fully explained and were fully understood by the parent; and
(d) 
The consent was given no sooner than thirty (30) days after the birth of the child. This does not mean the child cannot be placed with the prospective adoptive parents or other care giver during the 30 day period.
Any consent may be withdrawn prior to the entry of a final decree of adoption and, if no other grounds exist for keeping the child from the parent, the child shall be returned to the parent.
(Res. 90 A 35, 5/8/1990)
If a child is not enrolled but is eligible for membership in an Indian Tribe, the Indian Child Welfare Worker (or the Court Clerk, in the absence of an Indian Child Welfare Worker) shall assist in making application for membership or enrollment of the child. If an objection to enrollment or membership is filed, the Court shall set the matter for hearing, notify the parent(s), and make a determination based on the best interest of the child.
(Res. 90 A 35, 5/8/1990)
If parental rights are terminated by the Court, the adoption shall proceed. If parental rights are not terminated, but sufficient grounds for finding the child is in need of care have been proved to the Court, the Court may make a disposition consistent with the youth in need of care provisions of this code.
(Res. 90 A 35, 5/8/1990)