Tulalip Tribes holds all Tribal departments, employees, volunteers and agents responsible for creating an environment that promotes the best interest of the child and cultivates the best future for the child. With this principle in mind, every person shall make it a priority to cooperate and collaborate with the agencies directly responsible for serving the needs of the children. All departments, employees, volunteers and agents are mandatory reporters (unless special exception is made) and shall treat children and families fairly.
(Res. 2018-346; Res. 2015-101; Res. 2020-554)
The Tulalip Tribes shall conduct criminal background checks on Tribal employees, volunteers and agents having regular contact with children which include: Tribal, State and Federal criminal, CPS and character investigations of such employees or prospective employees, volunteers or agents who have regular contact with children.
(Res. 2018-346; Res. 2015-101; Res. 2020-554)
(1) 
Investigations for Employees and/or Volunteers. The Tulalip Tribes shall identify and delegate, with assistance by the department to which an application is addressed, the duty to conduct a complete character, administrative and criminal background check and make documented good faith efforts to contact previous employers of each applicant to obtain information and/or recommendations which may be relevant to such person’s fitness to be employed or to volunteer in a position involving contact with children.
(2) 
Criminal History Record Check for Emergency Placement.
(a) 
During an emergency situation when a child must be placed in out-of-home care, beda?chelh shall request a Federal name-based criminal history record check of each individual over the age of 18 residing in the home of the potential placement resource. Upon receipt of the results of the name-based check and if the child is placed in the home, beda?chelh shall provide a complete set of fingerprints of each resident over the age of 18 to the necessary database within 14 calendar days from the date the name search was conducted. Failure to provide fingerprints within the time frame required presumptively requires removal of the child.
(b) 
As used in this section, “emergency placement” refers to those limited instances when beda?chelh is placing a child in the home of private individuals, including neighbors, friends, or relatives, as a result of the sudden unavailability of the child’s primary caretaker.
(3) 
Criminal History Record Check for Nonemergency Placement.
(a) 
For nonemergency placement, when a child is placed in the home of an unlicensed care-giver, all individuals in the home who are 18 years of age or older shall complete beda?chelh’s background check form and be fingerprinted by Tulalip Tribes Background Check Agency (TTBIA) for submission to the FBI prior to placement of a child.
(b) 
Juveniles ages 13 through 17 may be requested to complete a criminal background check; however, they will not be fingerprinted by TTBIA.
(4) 
All Placement Applicants.
(a) 
As part of the general placement clearance process for placement, beda?chelh will assess the safety of the home and property, complete a CPS background check on everyone in the home and, if there is cause, a UA will be required.
(b) 
Beda?chelh shall not place a child in a home if the results of the applicant’s criminal history show a conviction for any crime listed as a disqualifying crime on beda?chelh’s placement policy.
(c) 
An individual who has CPS findings of abuse and neglect, warrants, pending criminal charges, negative actions or convictions for other crimes not listed on beda?chelh’s placement policy will be assessed for suitability for placement on a case-by-case basis.
(d) 
Placements and their homes shall be “recleared” every 12 months, including an updated home study.
(5) 
The Tulalip Tribes’ placement staff shall annually review its files to determine that the fingerprinting and other requirements of this section have been adhered to and shall report to the beda?chelh Manager and Executive Director of Family Advocacy with the results of the annual review.
(Res. 2015-101; Res. 2015-384; Res. 2018-346; Res. 2020-554)
(1) 
Beda?chelh. The primary objective of beda?chelh is safeguarding child welfare by working creatively to design integrated services promoting family and cultural preservation, health and resiliency in its children and families.
(a) 
In accordance with this belief, the priorities of beda?chelh are as follows:
(i) 
Secure for each child the mental, physical, educational, financial and emotional care and guidance that is in the best interest of the child and consistent with the customs, cultural values, and laws of the Tulalip Tribes; and
(ii) 
Whenever possible, preserve and strengthen family ties and a child’s cultural and spiritual identity to help the child become a productive and well-adjusted community member.
(b) 
Beda?chelh may include a variety of staff and service providers as required to address the needs and best interest of the child.
(2) 
Tulalip Child Placement Agency. The Tulalip Child Foster Care Agency is charged with recruiting, educating and licensing Tribal foster care homes consistent with Tribal and Federal law and as recognized by RCW 74.15.190. The Tulalip Child Placement Agency shall create policies and standard operating procedures consistent with this chapter, Tulalip laws and customs and Federal law.
(3) 
Beda?chelh Advocacy Committee. The beda?chelh Advocacy Committee is composed of Tulalip community members who are appointed by the Tulalip Tribes Board of Directors and are charged with reviewing case issues as specified by and at the request of the parent/guardian respondent(s). The Committee has the authority to review case information only as related to the youth(s) in need of care and the parent/guardian who contacted the Committee. beda?chelh has discretion to not release information that is subject to an open investigation or is otherwise of such a sensitive or graphic nature that it would not serve the purpose identified in the parent/guardian’s request for review or it would not be in the youths’ best interest to disclose such information for review. In order to review any case related information that is related to or contains information regulated by the Health Insurance Portability and Accountability Act (HIPAA) appropriate releases must be signed. Upon case review and hearing from the parent/guardian and beda?chelh the Committee will make recommendations to beda?chelh on ways to proceed in accordance with law and policies.
(4) 
Child Advocacy Center. The Child Advocacy Center (CAC) is responsible for the coordination of the multi-agency investigation and intervention of child abuse allegations to minimize the number of interviews a child must undergo, to improve the quality of evidence collected and services provided to the child victim, to reduce any trauma associated with such an investigation, to improve the services that affected children and families experience and to overall provide a quality and effective intervention in child abuse cases.
(5) 
Tulalip Children’s Advocacy Center Multidisciplinary Team. The Tulalip Tribes Children’s Advocacy Center shall establish a Multidisciplinary Team (MDT) to protect the well-being of children and to advance and coordinate the prompt investigation of suspected cases of child abuse or neglect in a way that reduces the trauma of child victims. MDT meetings may be specific to criminal investigations or child protection investigations and process. The duties of the MDT shall include the development and implementation of policies and procedures for providing oversight to review cases and technical assistance to those departments, agencies and individuals that interact with abused and neglected children in civil and criminal proceedings.
(a) 
Information Sharing Among MDT Members. Team members may share information about criminal child abuse investigations and case planning with other participants in the Multidisciplinary Team to the extent necessary to fulfill the purpose of the MDT. This section is not intended to permit, direct, or compel team members to share information if sharing would constitute a violation of their professional ethical obligations or disclose privileged communications.
(b) 
Use and Disclosure of Information by MDT Members. A member of the team may use or disclose records made available by other team members only as necessary for the performance of the member’s duties as a member of the MDT. Every member of the MDT team who receives information or records regarding children and families in his or her capacity as a member of the team is subject to the same privacy and confidentiality obligations and confidentiality penalties as the person disclosing or providing the information or records. The information or records obtained by any team member must be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights.
(Res. 2015-101; Res. 2018-346; Res. 2020-554; Res. 2022-243; Res. 2023-270)