A child within the jurisdiction of the Tulalip Tribes has the right to be treated with dignity and respect and to be in a safe and supportive environment free from abuse and neglect.
(Res. 2015-101. Formerly 4.05.350; Res. 2018-346; Res. 2020-554)
(1) 
Beda?chelh may file a motion to request the Court to change a child’s last name if child was previously in guardianship or adopted and returns to beda?chelh’s care and their last name does not reflect one of the last names of the child’s birth parent(s).
(2) 
If the child is not given a legal name, a family meeting will be held and the family can agree upon a name for the child if the parent(s) cannot be located to name the child within five days of coming into beda?chelh’s care or before the child is discharged from the hospital. If any name is mentioned as intending to be the child’s name and is listed in the hospital notes the child will be legally given that name. beda?chelh shall file a motion with the Court and the Court shall issue the order providing the youth with a name without requiring service of the motion to the parent(s).
(Res. 2020-554)
The Court shall create court rules to protect a child and recognize their rights in all court proceedings; scrupulously take into consideration the traumatic effect of testifying, facing a respondent or defendant, and of being subject to cross-examination. A child is not required to testify unless accommodations are provided. Such accommodations may include but are not limited to: providing a child-friendly oath, rearranging the courtroom so that the child does not sit near or is not within direct line of sight of the offender during questioning, creating a safe and comfortable area for a child witness to wait before testifying, and allowing the child to hold a comfort item during his/her testimony. In addition, if a properly registered therapy animal is available, with a handler in attendance, it may be allowed to assist a child requesting such while testifying.
(Res. 2015-101. Formerly 4.05.360; Res. 2018-346; Res. 2020-554)
The Court, upon its own motion, or upon the motion of any party, may take testimony from any child appearing as a witness and may exclude the child’s parent(s) or guardian(s) and other persons if the Court finds such action would be in the best interests of the child. In lieu of testimony and upon written motion, the Court may review a recorded forensic interview in chambers.
(Res. 2015-101. Formerly 4.05.370; Res. 2018-346; Res. 2020-554)
(1) 
Case Plan. The Court may order the parent or guardian submit to services and other requirements.
(2) 
Support and Other Related Costs. Parents or guardians have an obligation to support or provide support for his or her child at all times unless parental rights or guardianship have been legally terminated or suspended.
(3) 
Duty to Keep the Court and beda?chelh Updated on Address Changes. If the parent or guardian has a change of address during the pendency of proceedings under this chapter, the parent or guardian must inform beda?chelh, the Court and/or the agency involved with the family.
(Res. 2015-101. Formerly 4.05.390; Res. 2018-346; Res. 2020-554)
(1) 
Except as otherwise expressly provided in this chapter, all parties shall be entitled to notice consistent with TTC § 2.10.040 and the following rights in every proceeding under this chapter, notice of which shall be provided at each party’s first appearance:
(a) 
To have an attorney or spokesperson represent them at their own expense.
(b) 
To request a continuance of a hearing for a reasonable period of time in order to seek counsel.
(c) 
To be informed by the Court of services which provide representation.
(d) 
To introduce, examine, and cross-examine witnesses.
(e) 
To discover, offer, and inspect evidence.
(f) 
To present arguments and statements.
(g) 
To not be required to testify or answer questions in court that could subject that party to a criminal prosecution or be used against them in a pending criminal case related to the dependency.
(2) 
There is no right to trial by jury during any proceeding conducted pursuant to this chapter.
(Res. 2015-101. Formerly 4.05.400; Res. 2018-346; Res. 2020-554)
The Court, at any stage of a youth-in-need-of-care proceeding, may appoint an attorney, a guardian ad litem or CASA for a child who has no parent, guardian, or custodian appearing on behalf of the child, or whose interests conflict with the interests of parents, guardians, or custodians, or when it appears to the Court that the child’s best interests warrant such an appointment. At the time of appointment, the Court shall enter an order specifying the rights, duties and term of appointment.
(Res. 2015-101. Formerly 4.05.410; Res. 2018-346; Res. 2020-554)
(1) 
Court Records. A record of all hearings under this chapter shall be made and preserved. All Court records included within this section shall be kept in a secure place by the Tribal Court Director, and shall be released only pursuant to procedures developed by court rule. No other release of information shall be permitted without an order of the Court.
(2) 
Secure Placement. All records in beda?chelh’s possession, related to a beda?chelh case or beda?chelh civil investigation of alleged abuse, neglect or abandonment, shall be kept in a secure place and shall be released only pursuant to procedures developed by beda?chelh policy.
(3) 
Destruction of Records. All Court records of the child shall be sealed and, excepting adoption records, physical files may be destroyed so long as electronic files are permanently and securely maintained.
(Res. 2015-101. Formerly 4.05.420; Res. 2018-346; Res. 2020-554)
(1) 
All beda?chelh case files, beda?chelh CPS investigation files, Child Advocacy Center records, Court records, files, documents, and other related information associated with a child are confidential and are not accessible for inspection except as follows:
(a) 
By a law enforcement agency or child protective agency for the purpose of MDT collaboration, investigation, prosecution or so that services may be offered to a child in cases in which they are the victim or subject of an alleged crime. If the requesting agency is outside of the Tulalip Tribes, release of the records may be made only pursuant to court order and shall contain protections from further dissemination;
(b) 
By the child, the child’s parent or legal guardian, CASA or guardian ad litem, or by the attorney of record, for use in a dependency proceeding involving the child, subject to redactions. A parent or legal guardian may only receive compliance information only as to the other respondent parent and/or legal guardian in their proceedings;
(c) 
By Court personnel assigned to these proceedings;
(d) 
By Court-approved interveners if specifically provided for in their approved rights by court order;
(e) 
By the Enrollment Department, provided such access shall be limited to information relevant to determining an individual’s enrollment status or eligibility for enrollment, and information necessary for carrying out other Enrollment Department functions, such as maintaining records pertaining to minor’s per capita and/or general welfare payments;
(f) 
Beda?chelh may share case-related information and referrals about the parents with family members involved in family team decision meetings, placements of the child, or for other case planning purposes, but first the person receiving the information shall sign an agreement to not further disclose the information. beda?chelh can share child-specific information with the placement as necessary for the care and well-being of the child and consistent with the best interest of the child;
(g) 
Beda?chelh may share case-related information about the parent/guardian who has requested case review by the beda?chelh Advocacy Committee and information about the child(ren). beda?chelh shall not share any information related to or containing information regulated by the Health Insurance Portability and Accountability Act (HIPAA). beda?chelh has discretion to not release information about an open investigation or is otherwise of such a sensitive or graphic nature that 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;
(h) 
In no case may information by any department of the Tribes related to or containing information regulated by the Health Insurance Portability and Accountability Act (HIPAA) be released without a signed release of information or court order.
(2) 
Closed Courtroom. Hearings and proceedings under this chapter shall be private and closed to the general public except for the parties to the proceeding, the attorneys for the parties to the proceeding, the guardian ad litem, court personnel designated by the Court, child welfare workers, and attorneys in the Office of Reservation Attorney. Other members of the child’s family having a close relationship with the child and placements may attend hearings unless a party objects or the Court determines the person does not have a legitimate interest in the proceedings or it is otherwise not in the child’s best interest for the person to be present. Those who are allowed to remain may not disclose any information learned from the court proceedings and are bound by the confidentiality requirements of this code.
(Res. 2015-101. Formerly 4.05.430; Res. 2018-346; Res. 2020-554; Res. 2022-243)
For the purpose of establishing that a child is a youth-in-need-of-care, determining proper disposition of a case, and/or periodically reviewing the child and parent or guardian’s progress, written reports and other materials relating to the parent or guardian or child’s mental, physical, educational, and social history and condition may be required by the Court, may be received in evidence, and may be considered by the Court along with other evidence, but the Court may require that the person who wrote the report or prepared the material appear as a witness if that person is reasonably available.
Reports prepared by guardians ad litem or CASAs shall be provided to parties pursuant to terms of a court order.
(Res. 2015-101. Formerly 4.05.440; Res. 2018-346; Res. 2020-554)
The Court may order a medical, dental, psychological, psychosocial, or sexual deviancy evaluation, therapist report, bonding assessment or other professional examination of a child or any other party or person if it is relevant to the issues before the Court. Such examination(s) and service(s) will be provided by beda?chelh approved providers. The results of these reports shall be the property of beda?chelh and filed under seal. These reports may not be released without a court order. Only the parties to the case or their attorney may motion the Court to review their sealed reports. Outside agencies may not access these reports for any purpose.
(Res. 2015-101. Formerly 4.05.450; Res. 2018-346; Res. 2020-554)
Any child who has been the subject of proceedings under this chapter has the right, upon reaching the age of majority, to review the Court’s entire file on these matters subject to redaction of names or the rights of confidentiality of some documents under Federal or Tribal law.
(Res. 2015-101. Formerly 4.05.460; Res. 2018-346; Res. 2020-554)
There shall be no fee for filing a petition under this chapter nor shall any fee be charged by any Tribal officer for the service of process or for attendance in Court in any such proceedings.
(Res. 2015-101. Formerly 4.05.470; Res. 2018-346; Res. 2020-554)