Port Gamble S’Klallam parents have a responsibility for caring for their children, bonding with them, making sure they are safe, and providing for all their basic needs. Aunts, uncles, grandparents and other extended family members help parents and their children when they need help by advising the parents in decision-making, showing love to the children, teaching values and respect, and taking over in parents’ absence. Grandparents share with their grandchildren the wisdom of their experience and traditional values.
The Port Gamble S’Klallam Community Court is the most appropriate forum for deciding issues related to the well-being of a child who is a member of a Port Gamble S’Klallam family.
It is the policy of the Port Gamble S’Klallam Tribe to consider carefully the circumstances of each family and to treat each family individually.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)
When the words listed in this section appear in this title, they shall have the following meaning unless a different meaning is clearly intended.
(a) 
"Adult."
Any person who is either eighteen (18) years of age or older, married, or emancipated.
(b) 
"Alleged Father."
Any man who might be the biological father of a child, including men who are “presumed fathers” under section 21.02.14.
(c) 
"Child."
A natural child or an adopted child, except that under chapter 21.02, Paternity, “child” refers only to a natural child.
(d) 
"Child Support Obligation"
means the total dollar amount of child support, including payment of work-related day care expenses and the child’s share of health insurance, that the paying party is obliged to pay to meet his or her current financial duty to support his or her child. It also includes any non-cash services or resources the party is required to provide.
(e) 
"Child Support Program"
refers to the Port Gamble S’Klallam Child Support Program.
(f) 
"Domicile."
Domicile means permanent home. “Home” is the location where a person has family, community, cultural, ancestral and historical ties and the place to which the person intends to return. The domicile or permanent home of a Port Gamble S’Klallam tribal member is presumed to be the Port Gamble S’Klallam Reservation. A tribal member may be living off the reservation for purposes of work, school, military service or for other reasons but the member’s “home” is the Port Gamble S’Klallam Reservation. The domicile of a child who is a member of or eligible for membership in the Port Gamble S’Klallam Tribe is presumed to be the same as the parent who is the Port Gamble S’Klallam member.
(g) 
"Extended Family."
This term does not have a precise definition. Under Port Gamble S’Klallam custom, there are formal and informal ties which bind the community. Extended family ties are based on blood lines, marriage, friendship, and caring. All women in the community become “auntie” or “grandma” when they become a certain age, regardless of blood relationship. Although grandparents (including great and great-great), aunts, uncles, siblings, cousins, “in-laws” and “step” relations are all extended family, any member of the Port Gamble S’Klallam community who is reliable, responsible, loving and willing to care for a child may be considered extended family.
(h) 
"Indian Tribe."
Any tribe, band, nation, or group of Indians recognized by the Secretary of Interior as eligible for services provided to Indians; any treat tribe, metis community, or nonstatus Indian from Canada; and any tribe recognized as such by the Port Gamble S’Klallam Tribe, regardless of federal recognition status.
(i) 
"Parent."
This term includes biological or adoptive parent but does not include persons whose parental rights have been terminated. It also does not include an unwed father who has not acknowledged or established paternity in one of the following ways: being identified as the father on the child’s birth certificate, [by acknowledging paternity to tribal enrollment authorities or] to a court, or through formal paternity proceedings under state or tribal law.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)
Enrollment of all children eligible for membership in the Port Gamble S’Klallam Tribe is essential to the survival of the Tribe, the furtherance of tribal sovereignty, and the rights of future generations of potentially eligible children. In order to encourage acknowledgments of paternity for enrollment purposes, all enrollment records, including birth certificates, are confidential and are not subject to subpoena by any court. This code vests no jurisdiction in the Court over tribal enrollment.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)
The Port Gamble S’Klallam Community Court is vested with the fullest jurisdiction permissible under applicable law. With respect to personal jurisdiction over nonresidents this includes, but is not limited to, people who:
(a) 
Are members of the Port Gamble S’Klallam Tribe;
(b) 
Are personally served with a summons on the reservation;
(c) 
Consent to the jurisdiction of the Court; [by entering a general appearance or filing a responsive document] [by participating in the proceeding unless participation is for the purpose of contesting jurisdiction]
(d) 
Resided on the reservation with a child who is the subject of the proceeding;
(e) 
Engaged in sexual intercourse on the reservation during which a child who is the subject of the proceeding may have been conceived; or
(f) 
Had a duty to, and failed to, support a child who:
(i) 
Resides on the reservation; or
(ii) 
Is a member of a Port Gamble S’Klallam family; or
(iii) 
Received TANF assistance from the Port Gamble S’Klallam Tribe.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)
In every action under this title, the Court shall retain continuing, exclusive jurisdiction over the child to the fullest extent permitted by law.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)
Proceedings under this Title are civil actions and are governed by applicable provisions of Titles 1 and 3 of the Port Gamble S’Klallam Law and Order Code, except where this title provides otherwise.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)
There is no right to a jury in any proceeding under this title.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)
Any person appearing in the Port Gamble S’Klallam Community Court shall have the right to a spokesperson at his own expense, as provided in chapter 1.05.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)
A filing fee of $25 shall be submitted with a petition.
When one case involves proceedings under more than one chapter of this title, there shall be only one filing fee.
The filing fee may be waived by the Court, in its discretion, upon good cause shown.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)
Petitions shall be prepared on forms approved by the Court Administrator.
The parties may both sign a petition and by doing so, waive the requirements of service of a summons.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)
After a petition is filed, the petitioner shall cause the respondent to be served with a copy of the petition and a summons on a form approved by the Court Administrator.
(a) 
Personal Service. Personal service may be effected by personally delivering a copy of the summons and complaint to a person of suitable age and discretion at the residence of the person to be served, with directions to deliver it to the person to be served. Service must be made by a person over the age of eighteen (18) years, who is not a party to the action, nor a member of a party’s immediate family.
(b) 
Service By Mail. If the person cannot be found within the boundaries of the Port Gamble S’Klallam Reservation service may be accomplished by certified mail, return receipt requested.
(c) 
Service by Publication. When the respondent cannot be found within the Reservation and attempts to serve the respondent by certified mail have failed, the petitioner may ask the judicial officer or judge to allow service by publication. If the request is granted, the petitioner shall:
(i) 
Post copies of the summons and petition in two (2) public places on the Reservation for three (3) weeks; and
(ii) 
Publish the summons once a week for three (3) consecutive weeks in a newspaper of general circulation in Kitsap County.
If service by publication is permitted, the Court shall establish longer time deadlines for default orders and for hearings in order to provide for fair notice and opportunity for the respondent to respond.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)
The summons shall notify the respondent that if he does not appear or respond to the petition within twenty (20) days from the date of service (or within 60 days of the date of publication if service is by publication) the Court may proceed without the respondent.
The summons shall contain notice of the date of the hearing.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)
The person serving the summons and petition shall file with the Court certification that he has served the respondent, including the date and place of service. If service was made on a person other than the respondent, the certification shall state the name of the person served, the date and place of service, and the instructions given.
In case of service by certified mail, the return receipt shall be filed with the Court and shall constitute the proof of service. In case of service by publication, an affidavit by the publisher and a copy of the summons as published shall constitute the proof of service.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)
When the Court receives a petition, it shall set a hearing date which shall not be more than thirty five (35) calendar days after the petition was received, unless otherwise provided in this title or unless continued for good cause.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)
Except for joint petitions, within twenty (20) calendar days after the respondent is served with a copy of the petition [or within sixty (60) days if service was by publication], the respondent shall either:
(a) 
File a written response or contact the Court Administrator and state whether he or she will appear in court to respond to the petition; or
(b) 
File his or her own petition on a form approved by the Court Administrator.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)
The Court Administrator shall issue notices of hearings to all parties.
(a) 
Initial Hearing. Notice shall be given at least twenty (20) calendar days before the hearing. This notice shall be contained in the summons and served with the petition;
(b) 
Hearings for Temporary Orders. Notice shall be given at least five (5) calendar days before the hearing or such time as the Court feels is necessary to respond to the motion;
(c) 
Hearings for Emergency Restraining Orders. No notice is required before a hearing for emergency restraining orders under this code.
(d) 
Other Hearings. Notice shall be given at least twenty (20) calendar days before the hearing, except that the Court may shorten the time for responding if justice so requires.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)
Except as otherwise provided in this title, every document which is required or allowed to be served on a person shall be given by:
(a) 
Personal service in the same manner provided in section 21.01.11 for service of the petition and summons;
(b) 
Certified mail with return receipt requested and by regular mail; or
(c) 
Any other method approved by the Court.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)
Unless additional rules are stated in each chapter, rules of evidence and burden of proof shall be the same as those which apply to civil actions before the Port Gamble S’Klallam Community Court.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)
[1]
Cross Reference: Section 3.06.04 Evidence; Section 3.06.03 Standard of Proof.
The Court may give recognition to the court or administrative orders, judgments or decrees of other Indian nations and tribes, states or federal agencies as a matter of comity (courtesy).
Certified foreign orders may be given recognition provided that:
(a) 
The order does not violate the Indian Child Welfare Act;
(b) 
The court granting the order had jurisdiction over the case and the parties;
(c) 
The parties were afforded due process of law; and
(d) 
The order does not violate the public policy of the Port Gamble S’Klallam Tribe.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)
The Court has the authority to accept transfers of jurisdiction from other courts or governments for proceedings under this title.
The Court shall only transfer a case under this title to another court or government if it has no jurisdiction over the case or for compelling reasons determined in a hearing.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)