The purpose of this code is to protect and cultivate the best future for the children in the Tulalip Tribal community. All departments, employees, volunteers and agents of the Tribes shall, first and foremost, strive to protect children and to create systems and structures that preserve opportunities for children to learn about their unique culture and heritage and to become productive members of the Tulalip Tribal community.
The Juvenile and Family Code is a family-centered approach that places family as the primary source for understanding the needs and challenges of the child, with the belief that the child is best served in the context of families and that families are best served in the context of their community. Maintaining the child in the home of their natural parents is a major purpose of this chapter.
The scope of this code is to provide guiding principles and best practices to all matters that involve a child with any department, employee, contractor, agent or the Tribal Court.
Therefore, be it enacted by the Board of Directors (hereafter “Board”) of the Tulalip Tribes, pursuant to Article VI, Sections 1(K), (L), (O), and (P) of the Constitution of the Tulalip Tribes, that this chapter shall be the law of the Tribes from the date of Secretarial approval.
(Res. 2018-346; Res. 2015-101; Res. 2020-554)
The Tulalip Tribes endeavors to protect the best interest of Indian children by:
(1) 
Preventing the unwarranted breakup of families;
(2) 
Maintaining the connection of children to their families, the Tribes, and Tribal community when appropriate;
(3) 
Promoting the stability and security of the Tribes by establishing standards for appropriately handling situations involving Tribal children and families in need of services;
(4) 
Utilization of case management, which allows for and assumes individualized practice to best serve the varying strengths and needs of every child and family; and
(5) 
Utilization of ongoing assessments and reassessments to provide for the strengths and needs of the child and family.
Should there be any conflict in the application of these principles and the written law, the liberal application of these principles in the context of what is in the best interest of the child shall prevail.
(Res. 2015-101; Res. 2015-226; Res. 2018-346; Res. 2020-554)
Terms under this chapter shall be liberally construed so as not to limit the jurisdiction of the Tulalip Tribes over Indian children, and to facilitate the authority of the Court and the Tribal agencies directly responsible for serving the needs of the children, to act to protect the interests of Indian children and their families. When interpreting terms not defined by this chapter, consideration shall be given to Tulalip Tribal laws, customs, and traditional child-rearing practices. Unless in conflict with applicable Tribal law, terms not specifically defined in this chapter shall be defined according to their normal usage.
(1) 
“Active efforts”
means the social worker actively and timely connects the parent(s) or guardian(s) with appropriate remedial or rehabilitative services to maintain or reunite a child with his or her family. Active efforts are tailored to the facts and circumstances of the family but they go beyond simply providing referrals to services and should include proactively engaging parents and assisting with access to services and keeping the child connected to his or her family.
(2) 
“Abandonment”
means when a parent, legal guardian, or custodian leaves a child for a substantial period of prolonged absence without making arrangements for reasonable care, control, and supervision of the child despite an ability to exercise these parental rights and responsibilities; or when a child is left in the care of another adult for a substantial period of prolonged absence without the continuing consent of that other adult who is providing temporary care. If there has been no contact between the child and the child’s parent, legal guardian, or custodian for a substantial period of prolonged absence, the Court may find that the child has been abandoned even if there is no finding of intent to abandon the child.
(3) 
“Abuse”
includes but is not limited to:
(a) 
“Physical abuse”
includes interfering with a child’s breathing, any act that is likely to cause or does cause bodily harm greater than minor temporary marks including but not limited to: bruising, welting, abrasions, lesions, burns, broken bones, or other damage to a child’s body not clearly caused by accident, and/or giving a child inappropriate food, drink, or drugs, withholding food for significant period or otherwise malnourishing a child.
(b) 
“Emotional maltreatment”
is defined as a repeated pattern of damaging interactions between a child and one or more parents or caregivers that becomes typical of the relationship. The pattern may be chronic and pervasive, or in some situations stimulated by the parental use of alcohol or drugs. Emotional maltreatment may coexist with or be a consequence of physical or sexual abuse, but it also can exist as a separate event.
“Emotional maltreatment” may include but is not limited to the following: a child whose social relationships are seriously impaired, and/or a child with very low self-esteem, or a consistent pattern of emotional difficulties such as listlessness, apathy, depression, or self-deprecating remarks; a child who does not appropriately respond to normal adult behavior (e.g., cowering or ingratiating himself or herself to adults behaving normally); a child who is rejected or whose parent, guardian, or custodian refuses to accept him or her; a child whose parent, guardian, or custodian ignores him or her or deprives him or her of essential responsiveness which stifles emotional growth and development; a child who is severely intimidated, ridiculed or terrorized by verbally assaulting, bullying, name calling, destroying possessions, or attacking pets or beloved people of that child; a child who is isolated from normal social experiences, prevented from forming friendships, or locked out of the home; a child who is taught socially deviant behavior, such as by rewarding aggression, delinquency, or sexual behavior; a child who is penalized for positive or normal behavior; or an infant who is failing to thrive as a result of the parent or discouraged from forming an attachment with his or her caregiver.
(c) 
“Sexual abuse or exploitation”
includes failure of a parent, guardian, or custodian to adequately protect a child when the parent, guardian, or custodian knew or reasonably should have known that the child was in danger of sexual abuse or exploitation and exposure. “Sexual abuse or exploitation” may include, but is not limited to: molestation, rape, or sexual assault; engaging in or attempting to engage in a sexual act or sexual contact with a child; causing or attempting to cause a child to engage in sexually explicit conduct; exposing a child to lewd, pornographic or sexually explicit conduct or material; allowing a child to engage in prostitution, obscene or pornographic photography, filming, or other forms of illustrating or promoting sexual conduct; or any sex offense, defined by statute, involving a child.
(4) 
“Adult”
means a person 18 years of age or older, or a person emancipated by order of a court of competent jurisdiction, or by legal marriage.
(5) 
“Aggravated circumstances”
means but is not limited to abandonment, torture, chronic abuse, and sexual abuse and may be defined further by policy.
(6) 
“beda?chelh”
means the Tribes’ Social Services Department charged with protecting Tribal children and serving their families.
(7) 
“CASA”
means a court-appointed special advocate for the child.
(8) 
“Case management”
is a collaborative process of assessment, planning, facilitation, case coordination, evaluation, and advocacy for options and services to meet a child’s and family’s comprehensive needs through communication and available resources to promote quality and culturally sensitive outcomes.
(9) 
“Case plan meeting”
is a meeting held within five business days of every dependency hearing for the parent and social worker to discuss the case plan and how the social worker can connect and support the parent in their service plan towards reunification.
(10) 
“Child,” “juvenile,” and “youth”
mean a person who is under the age of 18 years; or any person up to the age of 21 years who meets the criteria for the extended foster care program under this chapter. A youth who remains dependent and who receives extended foster care services under TTC § 4.05.630 shall not be considered a “child” under any other statute or for any other purpose.
(11) 
“Child Advocacy Center” (CAC)
is the Tribal agency responsible for the coordination of a multi-agency investigation and intervention of child abuse allegations for law enforcement purposes and other services relating to the abuse.
(12) 
“Crisis residential center” (CRC)
is a short-term, semi-secure facility for runaway youth in conflict with their families. Youth cannot remain in a CRC more than 21 consecutive days. The parent must authorize the youth residing at a CRC and the youth must be willing to stay in a CRC. Counselors at the CRC work with the family to resolve the immediate conflict. The goal is to reunite the family and youth when possible.
(13) 
“Custodial parent”
is the person(s) having legal right to custody of the child and includes a legal guardian.
(14) 
“Custodian”
means any person who has physical custody of a child under Tribal law or custom, or under State law, or to whom temporary physical care and custody have been transferred by the child’s parent, and who is providing food, shelter, and supervision to the child.
(15) 
“Customary adoption”
means a process in which a child’s caretaker is bestowed by law the rights and responsibilities for parenting the child until 18 during which time the biological parents’ rights are suspended, meaning they have no recognized legal right to make decisions on behalf of the child, but may remain financially responsible.
(16) 
“Dependency case”
means a case in which the child is alleged to be, or has been found by the Court to be, a “youth-in-need-of-care.”
(17) 
“Domicile”
means a person’s legal home or main residence in which the person resides or to which the person intends to return. The domicile of a child is generally that of the custodial parent or legal guardian.
(18) 
“Permanence”
means consideration of the child’s needs for stability and continuity in relation to the child’s needs to maintain positive and strong relationships with his or her culture, family and heritage.
(19) 
“Family resource meeting”
is a meeting of parents, social worker, family members and community supports, and Family Haven to help determine the service needs for parents and youth to promote positive parenting and maintaining the family as a unit. A plan for the family will be created and evaluated at these meetings to promote the family’s strengths while addressing their needs.
(20) 
“Family team decision meeting” (FTDM)
is a meeting that is arranged with parents, family, family supports and applicable service providers to make critical decisions regarding the removal of the child(ren) from their home, changes in out-of-home placement, and reunification or placement into a permanent home.
(21) 
“Foster care”
means the care of a child by a person who is licensed by the Tribal or State agency.
(22) 
“Guardian” or “legal guardian”
means a person, not the child’s parent, who is legally vested with the power and responsibility to care for the child and/or the child’s property.
(23) 
“Guardian ad litem” (GAL)
means an adult appointed by a court to represent the best interests of the child in a proceeding under this chapter.
(24) 
“In-home dependency”
means a child is placed in the physical care of their parent(s), guardian(s), or custodian(s) by court order, but remains in beda?chelh’s legal custody.
(25) 
“Indian”
means any member or person eligible for membership in a Federally recognized Indian tribe, band or community.
(26) 
“Indian youth” or “Indian child”
means a child who is: (a) enrolled in an Indian tribe; (b) eligible for enrollment in an Indian tribe; or (c) the biological child of a person who is enrolled or is eligible for enrollment in an Indian tribe.
(27) 
“Neglect”
means an act or failure to act, or cumulative effects of a pattern of conduct, behavior, or inaction that shows a serious disregard of consequences, and constitutes a clear and present danger to a child’s health, welfare or safety. “Neglect” includes, but is not limited to:
(a) 
A child who is not receiving the food, clothing, shelter, medical care, education, or supervision needed for his or her well-being or development;
(b) 
An infant who is failing to thrive as a result of the parent;
(c) 
A child left with a babysitter who is intoxicated, irresponsible, too young or otherwise incapable of caring for the needs of the child;
(d) 
A child who is doing the work of a parent in running a household because the parent refuses or fails to act as a parent or forces the child to do the work of the parent;
(e) 
A child who is exposed to a dangerous situation as a result of parental negligence;
(f) 
An unborn or nursing child whose mother is using alcohol or nonprescribed drugs to the extent that the fetus or child may be endangered;
(g) 
An unborn child whose mother is not receiving adequate prenatal care;
(h) 
A child who has excessive unexcused absences from school or a child who is not enrolled in a school program;
(i) 
A child who is expected to provide prolonged and unsupervised babysitting services; or
(j) 
A child who has been a passenger in an automobile, boat, or other motorized vehicle driven by a person under the influence of alcohol and/or drugs, with the knowledge of the child’s parent(s), guardian, or custodian.
(28) 
“Parent”
means a biological or adoptive mother, biological or adoptive father or an unwed father whose paternity has been acknowledged or who is otherwise established as a legal father, or same-sex parents on a child’s birth certificate. “Parent” does not mean a person whose parental rights to the child have been legally terminated or suspended. There shall be no preference given to an Indian parent over a non-Indian parent.
(29) 
“Regularly published newspaper”
means a newspaper authorized to publish a summons in the Superior Court of the State of Washington for Snohomish County or the See-Yaht-Sub.
(30) 
“Relative” or “family member”
means any person who is the child’s parent, stepparent, grandparent, great-grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first, second, or third cousin, or anyone who has established a significant familial relationship with the child.
(31) 
“Risk”
is defined as the likelihood of maltreatment occurring in the future. Risk assessment requires making a safety determination regarding the immediacy and severity of the risk.
(32) 
“Significant familial relationships”
includes nonblood relationships within the community that are significant to a child. Significant familial relationship can also be established through a relationship created as a result of a court process or placement. Such a relationship can be shown after the person has a relationship with the child lasting for at least one continuous year until the present, and in which the person has had physical custody of the child.
(33) 
“Support person”
means an agreed-upon person with a significant familial relationship or an agreed-upon family member that has a close relationship with the family and that parties to a youth in need of services proceeding request be present during Court proceedings.
(34) 
“Tribes” or “Tribe”
means the Tulalip Tribes.
(35) 
“Tulalip Indian Reservation” or “Tulalip Reservation” or “Reservation”
means the territory established as the Tulalip Reservation by the Treaty of Point Elliott, January 22, 1855 (12 Stat. 927), and by the Executive Order of December 23, 1873, and other such lands as may be hereby added thereto under any law of the United States, except as otherwise provided by law.
(36) 
“Tulalip Tribes child” or “Tulalip child”
means any child who is an enrolled member of, or is eligible for enrollment in, the Tulalip Tribes or whose parent is an enrolled member.
(37) 
“Voluntary placement agreement”
means, for the purposes of extended foster care, a written voluntary agreement that is signed by a youth who agrees to participate in extended foster care. A youth may sign a voluntary placement agreement or agreement to participate in extended foster care at any time. The youth may withdraw consent to participate at any time, including prior to their eighteenth birthday. A voluntary placement agreement may be singed electronically by a dependent child or eligible youth over the age of 18.
(38) 
“Yehaw’”
is an informal, confidential proceeding that involves the parties to a case and a judge as the final decision maker and is held off record.
(39) 
“Youth-in-need-of-care” (YINC)
means a dependent child who has been found by the Tribal Court to be abandoned, abused, or neglected, or is otherwise in need of Tribal services to prevent the breakup of the child’s family.
(40) 
“Youth in need of services”
means a youth who:
(a) 
Is absent from home for at least 72 consecutive hours without consent of their parent(s) or guardian(s);
(b) 
Is beyond the control of their parent(s) or guardian(s) such that the youth’s behavior endangers the health, safety, or welfare of the youth or any other person;
(c) 
Has a substance abuse problem for which there are no pending criminal charges related to the substance abuse; or
(d) 
Has excessive unexcused absences or is excessively late to school or who is not participating in their education without good reason.
(Res. 2015-101; Res. 2015-497; Res. 2018-346; Res. 2020-554; Res. 2024-133; Res. 2024-371)
The best interest of the child shall be the focus whenever making decisions regarding a child. Best interest determinations are generally made by considering a number of factors related to the child’s unique circumstances and the parent, guardian or custodian’s circumstances and capacity to parent, with the child’s ultimate safety and well-being being the paramount concern. Whenever a “best interests” determination is required, the following factors shall be considered in the context of the child’s age and developmental needs and recognition that every family and child is unique:
(1) 
The physical safety and welfare of the child, including food, shelter, medical, dental and mental health, and education;
(2) 
The child’s sense of attachments, including: where the child actually feels love, attachment, and a sense of being valued (as opposed to where adults believe the child should feel love, attachment, and a sense of being valued);
(3) 
The child’s need for permanence, including reviewing the active efforts made to reunify the child with their parent(s), the current status of the child’s parents, and weighing these circumstances with the best long-term permanency option for the child;
(4) 
The child’s background and community ties, including familial, cultural, friend, school, and religion;
(5) 
The least restrictive placement for the child in accordance with the Tribes’ placement preferences per TTC § 4.05.510;
(6) 
The willingness and ability of each of the parties to facilitate and encourage close and continuing family relationships between the child, their parent(s), and extended family members, as well as ongoing community and cultural ties with the Tribes; and
(7) 
The parties’ ability to identify potential dangers and to protect a child.
(Res. 2018-346; Res. 2015-101; Res. 2020-554)
This chapter shall be construed in a manner that gives full effect to the purpose and scope of this code so as not to limit the jurisdiction of the Court over Tulalip Tribal children or its authority to act to protect the best interests of Tulalip Tribal children and families, and the integrity of the relationship to the Tribal community.
This chapter takes effect on the date approved by the Tulalip Tribes Board of Directors and does not extinguish any action that existed on, pending to, or prior to the effective date of the resolution codified in this chapter, but the applicable law as of the date of the Board approving the new code shall be April 4, 2015.
(Res. 2015-101; Res. 2015-226; Res. 2018-346; Res. 2020-554)
If any part, or parts, or the application of any part of this chapter is held invalid, such holding shall not affect the validity of the remaining parts of this chapter. The Tulalip Tribes Board of Directors hereby declares that it would have passed the remaining parts of this chapter even if it had known that such part or parts or application of any part thereof would be declared invalid.
(Res. 2018-346; Res. 2015-101; Res. 2020-554)