The Tribal Health Officer shall adhere to the following conditions and principles when isolating or quarantining a person or group of persons under this chapter:
(a) 
Isolation or quarantine must be by the least restrictive means necessary to prevent the spread of a communicable or possibly communicable disease to others and orders may include, but are not limited to, confinement to private homes or other public or private premises;
(b) 
Isolated individuals must be confined separately from quarantined individuals;
(c) 
The Tribal Health Officer shall implement a system that regularly monitors the health status of isolated or quarantined individuals to determine if they require continued isolation or quarantine;
(d) 
If a quarantined individual subsequently becomes infected or is reasonably believed to have become infected with a communicable or possibly communicable disease that the Tribal Health Officer believes poses a significant threat to the health and safety of other quarantined individuals, the THO shall promptly place them in isolation;
(e) 
Isolated or quarantined individuals must be released as soon as practicable when the Tribal Health Officer determines that they pose no substantial risk of transmitting a communicable or possibly communicable disease that would constitute a serious or imminent threat to the health and safety of others;
(f) 
The needs of a person isolated or quarantined must be addressed to the greatest extent possible in a systematic and competent fashion, including, but not limited to, providing adequate food, clothing, shelter, means of communication with those in isolation or quarantine and outside these settings, medication, and competent medical care;
(g) 
Premises used for isolation or quarantine must be maintained in a safe and hygienic manner, to minimize the likelihood of further transmission of infection or other harm to persons isolated and quarantined;
(h) 
To the extent possible, cultural and religious beliefs should be considered in addressing the needs of individuals, and establishing and maintaining isolation or quarantine premises;
(i) 
Isolation or quarantine shall not abridge the right of any person to rely exclusively on spiritual means alone through prayer to treat a communicable or possibly communicable disease in accordance with religious tenets and practices. Nothing in this chapter shall be deemed to prohibit a person who is relying on spiritual means and who is infected with a communicable disease from being isolated or quarantined in a private place of their own choice, provided that the Tribal Health Officer approves the place and all laws, rules, and regulations governing control, sanitation, isolation, and quarantine are complied with. At his or her sole discretion, the Tribal Health Officer may isolate infected individuals declining treatment for the duration of their communicable infection in order to protect the health and safety of the individual or others.
(Res. 20 A 139, 12/14/2020)
Voluntary Isolation or Quarantine should always be used as a first option UNLESS the Tribal Health Officer has determined in his or her professional judgment that:
(a) 
Seeking voluntary compliance would create a risk of serious harm;
(b) 
There is reason to believe that the person or group of persons is, or is suspected to be, infected with, exposed to, or infected with a communicable disease that could spread to or infect others if remedial action is not taken; and
(c) 
There is reason to believe that the person or group of persons would pose a serious and imminent risk to the health and safety of others if not detained for purposes of isolation or quarantine.
The Tribal Health Officer when conducting voluntary isolation or quarantine will make reasonable efforts to comply with Section 30.04.01, Conditions and Principles of Involuntary or Voluntary Isolation or Quarantine.
(Res. 20 A 139, 12/14/2020)
(1) 
If the Tribal Health Officer determines that involuntary isolation or quarantine are necessary, they may petition the Tribal Court ex parte for an order authorizing involuntary detention of a person or group of persons for purposes of isolation or quarantine under this section. The petition shall specify:
(a) 
The identity of all persons or groups to be subject to isolation or quarantine;
(b) 
The premises where isolation or quarantine will take place;
(c) 
The date and time at which isolation or quarantine will commence;
(d) 
The suspected communicable disease or infectious agent if known;
(e) 
The anticipated duration of isolation or quarantine based on the suspected communicable disease or infectious agent if known;
(f) 
The measures taken by the Tribal Health Officer to seek voluntary compliance or the basis on which the THO determined that seeking voluntary compliance would create a risk of serious harm; and
(g) 
The medical basis on which isolation or quarantine is justified.
(2) 
The petition shall be accompanied by the declaration of the Tribal Health Officer attesting to the facts asserted in the petition, together with any further information that may be relevant and material to the Tribal Court's consideration.
(3) 
Notice to the person(s) or groups identified in the petition shall be accomplished in accordance with the Tribe’s rules of civil procedure. The Tribal Court shall hold a hearing on a petition filed under this section within seventy-two (72) hours of filing, excluding weekends and tribal holidays.
(4) 
The Tribal Court shall issue the order if there is a reasonable basis to find that isolation or quarantine is necessary to prevent a serious and imminent risk to the health and safety of others.
(5) 
A Tribal Court order authorizing isolation or quarantine as a result of an ex parte hearing shall:
(a) 
Specify a maximum duration for isolation or quarantine not to exceed fourteen days;
(b) 
Identify the isolated or quarantined persons or groups by name or shared or similar characteristics or circumstances;
(c) 
Specify factual findings warranting isolation or quarantine under this section;
(d) 
Include any conditions necessary to ensure that isolation or quarantine is carried out within the stated purposes and restrictions of this section;
(e) 
Specify the premises where isolation or quarantine will take place; and
(f) 
Be served on all affected persons or groups in accordance with the Tribe’s rules of civil procedure.
(Res. 20 A 139, 12/14/2020)
(1) 
The Tribal Health Officer may petition the Tribal Court for an order authorizing the continued isolation or quarantine of a person or group detained under a Tribal Court order under Section 30.04.04 for a period up to thirty days.
(2) 
The petition shall specify:
(a) 
The identity of all persons or groups subject to isolation or quarantine;
(b) 
The premises where isolation or quarantine is taking place;
(c) 
The communicable disease or infectious agent if known;
(d) 
The anticipated duration of isolation or quarantine based on the suspected communicable disease or infectious agent if known; and
(e) 
The medical basis on which continued isolation or quarantine is justified.
(3) 
The Tribal Health Officer shall include a statement with the petition attesting to the facts asserted in the petition and asserting that the THO has followed all of the conditions and principles in compliance with Section 30.04.01. The THO may also include in the statement any further information that may be relevant and material to the Tribal Court's consideration.
(4) 
Notice to the persons or groups identified in the petition shall be accomplished in accordance with the Tribe’s rules of civil procedure.
(5) 
The Tribal Court shall hold a hearing on a petition filed under this section within seventy-two (72) hours of filing, excluding weekends and tribal holidays. The Tribal Court shall grant the petition if it finds that there is clear, cogent, and convincing evidence that isolation or quarantine is necessary to prevent a serious and imminent risk to the health and safety of others.
(6) 
A Tribal Court order authorizing continued isolation or quarantine as a result of a hearing shall:
(a) 
Specify a maximum duration for isolation or quarantine not to exceed thirty days;
(b) 
Identify the isolated or quarantined persons or groups by name or shared or similar characteristics or circumstances;
(c) 
Specify factual findings warranting isolation or quarantine under this section;
(d) 
Include any conditions necessary to ensure that isolation or quarantine is carried out within the stated purposes and restrictions of this section;
(e) 
Specify the premises where isolation or quarantine will take place; and
(f) 
Be served on all affected persons or groups in accordance with the rules of civil procedure.
(Res. 20 A 139, 12/14/2020)
Tribal emergency declarations governing procedures for detention, examination, counseling, testing, treatment, vaccination, isolation, or quarantine for specified health emergencies or specified communicable diseases shall supersede any section in Chapter 30.04.
(Res. 20 A 139, 12/14/2020)
Entry into isolation or quarantine premises shall be restricted under the following conditions:
(a) 
The Tribal Health Officer may authorize physicians, health care workers, or others to have access to individuals in isolation or quarantine as necessary to meet the needs of isolated or quarantined individuals;
(b) 
No person, other than a person authorized by the Tribal Health Officer, shall enter isolation or quarantine premises;
(c) 
Any person entering isolation or quarantine premises shall be provided with infection control training and may be required to wear personal protective equipment or receive vaccination as appropriate;
(d) 
Any person entering isolation or quarantine premises with or without authorization of the Tribal Health Officer may be isolated or quarantined.
Persons subject to isolation or quarantine and persons entering isolation or quarantine premises shall obey the rules and orders established by the Port Gamble S’Klallam Tribal Council and the Tribal Health Officer. Failure to do so shall constitute a violation of tribal law under this chapter and subject the person to a civil fine and/or a public notice posting of an isolation or quarantine violation.
(Res. 20 A 139, 12/14/2020)
Any person or group of persons isolated or quarantined under this chapter may seek relief from the Tribal Court. Any person or group of persons detained by order of the Tribal Health Officer under this code may petition the Tribal Court for an order to show cause for why the individual or group should not be released.
The Tribal Court shall rule on a petition to show cause within seventy-two (72) hours of its filing. If the Tribal Court grants the petition, the Tribal Court shall schedule a hearing on the order to show cause as soon as practicable.
An Isolation or Quarantine Order is not stayed or enjoined by the issuance of an order to show cause.
Any hearings for relief under this section involving a petitioner or petitioners who have, or who have been exposed to, a communicable disease will be conducted in a manner that utilizes appropriate infection control precautions and minimizes the risk of disease transmission.
(Res. 20 A 139, 12/14/2020)
A person or group of persons isolated or quarantined under this chapter has a right to be represented by counsel. If such person or group requests counsel and cannot afford counsel, the Tribal Court shall appoint counsel consistent with the provisions of tribal code. The Tribal Health Officer must provide adequate means of communication between such persons or groups and their counsel.
(Res. 20 A 139, 12/14/2020)
In any proceedings brought under this chapter, to promote the fair and efficient operation of justice and having given due regard to the rights of affected persons, the severity of the threat to the public's health, and the availability of necessary witnesses and evidence, the Tribal Court may order the consolidation of individual claims into group claims where:
(a) 
The number of individuals involved or to be affected is so large as to render individual participation impractical;
(b) 
There are questions of law or fact common to the individual claims or rights to be determined;
(c) 
The group claims or rights to be determined are typical of the affected persons' claims or rights; and
(d) 
The entire group will be adequately represented in the consolidation.
(Res. 20 A 139, 12/14/2020)
An order issued by the Tribal Health Officer in accordance with this chapter shall constitute the duly authorized application of tribal law. Any person who fails or refuses to obey any lawful order issued by the Tribal Health Officer shall be subject to a civil fine and/or a public notice posting of an isolation or quarantine violation.
(Res. 20 A 139, 12/14/2020)
Any person who violates any provision of this title has committed a civil infraction. Upon finding that the person committed the infraction, the Tribal Court shall impose a civil fine of not less than $100 and not to exceed $1,000.
(Res. 20 A 139, 12/14/2020)
Any person who violates an isolation or quarantine order under this title shall be subject to the Tribe posting his/her name and photograph at key locations within the Tribe’s jurisdiction, posting notice in the Tribe’s memo, and posting on the Tribe’s social media sites. The posting shall include the following statement: “This person is known to have been exposed to a communicable disease and is currently prohibited from leaving his/her designated place of isolation or quarantine.”
(Res. 20 A 139, 12/14/2020)