Any person at least eighteen (18) years old may file a petition with the Court to adopt a child. If the petitioner is married, his or her spouse must also be at least eighteen (18) years old and must sign the petition, unless the spouse’s whereabouts is unknown or unless waived by the Court.
“Spouse”
for purposes of this code includes each partner to a “stable relationship” as that term is defined by Port Gamble S'Klallam housing eligibility requirements.
(Res. 90 A 35, 5/8/1990)
The adoption petition shall include:
(a) 
The name, birthdate, residence, and tribal status of the child who is the subject of the petition;
(b) 
The name, birthdate, place and duration of residence, and tribal status of the petitioner(s);
(c) 
The name, birthdate, residence, and tribal status of the parent(s);
(d) 
The relationship, if any, of the petitioner(s) to the child;
(e) 
The names and addresses, if known, of all persons whose consent is required and proof of such consent;
(f) 
A description of all previous court proceedings involving the care or custody of the child to be adopted and the results of these proceedings along with copies of all court orders including orders terminating a parent’s rights to the child;
(g) 
The reasons the child is available for adoption and why the petitioner(s) desires to adopt the child; and
(h) 
Any request the petitioner(s) has for changing the child’s name.
(Res. 90 A 35, 5/8/1990)
A child may be adopted only if he or she has no parents by reason of death or by voluntary (by consent) or involuntary termination of the parent child relationship. The Court may conduct a hearing as provided under chapter 16.04 of this code, prior to or together with an adoption hearing.
(Res. 90 A 35, 5/8/1990)
When the Court receives the petition for adoption 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 shown.
(Res. 90 A 35, 5/8/1990)
Notice of hearing shall be given by the Court Clerk 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 adoption petition. The notice shall be served on:
(a) 
The petitioner(s);
(b) 
The child;
(c) 
The child’s parent(s), guardian, or custodian;
(d) 
The presenting officer or other designated representative of the Port Gamble S'Klallam Tribe;
(e) 
Any person who was listed in the petition whose consent to the adoption is necessary;
(f) 
The Port Gamble S'Klallam Business Committee;
(g) 
Any person the Court deems necessary for proper adjudication. The Court may discover that additional persons should be notified after the adoption proceedings are in progress. The Court may continue the proceedings in order to give those persons notice;
(h) 
Any person the parties believe necessary for the hearing; and
(i) 
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(s) shall arrange to have a pre-adoption report prepared by the Tribe's Indian Child Welfare program, by the Department of Social and Health Services, or by another professional who is qualified to prepare such report. The adoption report shall be in writing and contain the professional opinions of all persons consulted. The agency preparing the report shall conduct a complete home study including all information concerning:
(a) 
The physical and mental condition of the child, petitioner(s) and person's living in the petitioner’s home;
(b) 
The circumstances of the voluntary or involuntary termination of the parent’s rights to the child or of the parent’s death;
(c) 
The home environment, family life, access to health services, and resources of the petitioner(s);
(d) 
The child’s and petitioner’s cultural heritage and tribal status;
(e) 
The marital status of the petitioner(s);
(f) 
The names and ages of the petitioner’s children and of any other persons residing with the petitioner(s);
(g) 
Information from health, education, and social service personnel who have had prior professional contacts with the child and petitioner(s);
(h) 
A check of the criminal records, if any, of the petitioner(s) shall be requested from state and tribal law enforcement authorities;
(i) 
Any evidence of alcohol and drug abuse in petitioner's household;
(j) 
The recommendation, if any, of the Port Gamble S'Klallam Business Committee regarding the adoption; and
(k) 
Any other facts and circumstances relating to whether or not the adoption should be granted.
(Res. 90 A 35, 5/8/1990)
The person preparing the pre-adoption report shall file it 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 adoption. 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 adoption reports submitted for review. All parties shall be given the opportunity to testify.
(Res. 90 A 35, 5/8/1990)
The Court may enter a decree of adoption if it finds that:
(a) 
Adoption is in the best interest of the child and the tribal community; and
(b) 
That the petitioner(s) can provide appropriate and adequate parental care for the child; and
(c) 
That the Port Gamble S'Klallam Business Committee does not oppose the adoption.
(Res. 90 A 35, 5/8/1990)
The Court shall be guided by the following placement preferences in deciding whether an adoption will be granted. The Court may deny the adoption if the petitioner(s) does not fall into one of these categories:
(a) 
A member of the child’s extended family;
(b) 
A member of the Port Gamble S'Klallam Tribe or of the Port Gamble S'Klallam tribal community which shall include persons living on or near the Port Gamble S'Klallam Indian Reservation who participate in tribal activities and are considered part of the tribal community, based on evidence presented at the hearing;
(c) 
A member of another Indian tribe; or
(d) 
If the above criteria cannot be met, for good cause shown, placement may be made with any person who has knowledge of and a desire to foster the child’s tribal affiliation and special needs.
(Res. 90 A 35, 5/8/1990)
If a child 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 the adoption petition is denied, the Court shall specifically state the reasons for the denial and shall designate who shall have custody of the child.
(Res. 90 A 35, 5/8/1990)
If the Court grants the petition for adoption, the Court shall enter Findings of Fact and Conclusions of Law and a separate Decree of Adoption. The Decree shall include:
(a) 
A statement that the child is available for adoption and any order the Court may make concerning recognition of the consents or orders terminating parental rights filed in the case;
(b) 
A statement that the child is, for all intents and purposes, the child, legal heir, and lawful issue of the petitioner(s);
(c) 
The marital status of the petitioner(s);
(d) 
The full name of the child upon adoption;
(e) 
That such adoption will remain temporary for one year from the date of entry of the decree, and shall become permanent at the expiration of the one year period;
(f) 
Orders directing the Court Clerk to forward a certified copy of the decree to the appropriate Bureau of Vital Statistics for purposes of obtaining a corrected birth certificate when the adoption becomes permanent in one year; and
(g) 
A statement that the records of the proceeding shall remain sealed unless otherwise ordered by the Court.
(Res. 90 A 35, 5/8/1990)
A decree of adoption has the following effect: it creates the relationship between the adopted child and the petitioner(s) and all relatives of the petitioner(s) , that would have existed if the child were a legitimate blood descendant of the petitioner(s). This relationship shall be created for all purposes including inheritance and applicability of statutes, documents, and instruments, whether executed before or after entry of the adoption decree, that do not expressly exclude an adopted person by their terms. The decree does not override any tribal enrollment laws or requirements.
(Res. 90 A 35, 5/8/1990)
Adoptive parents shall be encouraged to help the child maintain positive relationships with the biological family. However, the adoptive parents shall have the exclusive right and power to decide the terms, if any, of visitation by any person with the child.
(Res. 90 A 35, 5/8/1990)
All records, reports, proceedings, and orders in adoption cases are confidential and shall not be available for release or inspection except:
(a) 
The Bureau of Indian Affairs may have access to such information as is necessary to protect inheritance rights or enrollment status of the adopted child (and his or her descendants);
(b) 
A copy of the decree of adoption, but not the Findings of Fact and Conclusions of Law, may be given to a Bureau of Vital Statistics as provided in this chapter; and
(c) 
An adopted child may petition the Court, upon reaching eighteen years of age, for release of specifically requested information, limited to: the biological parents’ name, address, tribal status and social security number; and the names and relationship to the child of relatives, for the purpose of medical need or medical history information or to assist in making a relative placement of a child of the adoptive child.
(Res. 90 A 35, 5/8/1990)