(1) 
A dependency case is started by beda?chelh filing a petition, with a sworn declaration, alleging that the child is a youth-in-need-of-care and asking the Court to order:
(a) 
Emergency pickup of a child and preliminary inquiry hearing; or
(b) 
Preliminary inquiry hearing; or
(c) 
Transfer of jurisdiction of a child to Tribal Court.
(2) 
The petition shall set forth, in ordinary and concise language, the following facts as are known:
(a) 
The full name, residence, date and place of birth, sex of child, and Tribal status;
(b) 
The names and residences of the child’s legal parents, guardians, or custodians. In addition, the names and residences of putative fathers, if any;
(c) 
The facts upon which the allegations are based, and which, if true, would bring the child within the jurisdiction of the Court as set forth in this chapter. Such recitation shall include, but not be limited to, the date, time, and location where the alleged facts occurred, and the names of any alleged witnesses, as well as all other information upon which the petitioner relies to form a belief that the child is within the jurisdiction of the Court;
(d) 
Whether, and if so where, there is a custody proceeding involving the child pending in another court; and
(e) 
If the child is in placement out of parental or guardian care, the time and date the child was placed, the location of the child if not confidential, the reasons the child has been placed out of parental or guardian care, and the active efforts made by beda?chelh to prevent or negate the need for removal of the child.
(3) 
The petition and supporting documentation, except for CPS referrals which are filed with the Court only, shall be served on:
(a) 
The named respondents on the petition, including alleged and presumed fathers until paternity has been established, and any person the Court deems necessary for proper adjudication; and
(b) 
If the child is not enrolled in the Tulalip Tribes, any tribe the child is enrolled in or is eligible for enrollment.
(c) 
Service shall be consistent with TTC § 2.10.030(2), with the exception that as a party, beda?chelh may serve the parents or guardians with the pleadings.
Failure to effect service does not invalidate the petition if service was attempted and the parent(s) or guardian could not be found.
(4) 
Attendance of Parent(s) or Guardian(s). If the child’s parent(s) or guardian(s) or custodian(s) are not present at the preliminary inquiry hearing, the Court shall determine what efforts have been made to serve them with the petition and supporting documents. If reasonable efforts have been made, the Court may proceed with the hearing in their absence.
(5) 
Dismissal of the Petition. The Court may dismiss a petition at any stage of the proceedings with good cause shown.
(Res. 2015-101. Formerly 4.05.480; Res. 2018-346; Res. 2020-554)
(1) 
A child may be taken into protective custody by a law enforcement officer, or a beda?chelh social worker.
(2) 
Protective custody of the child under this chapter shall terminate in 72 hours excluding Saturdays, Sundays, and holidays unless a petition and declaration have been filed and the Court has issued an order granting legal custody of the child to the Tribes.
(3) 
Protective custody of a child is authorized if:
(a) 
A law enforcement officer or a beda?chelh social worker has probable cause to believe:
(i) 
The child is in need of care, and that the child’s health, safety, and welfare are in imminent risk of harm if the child is not taken into custody; and
(ii) 
That the child is within the jurisdiction of the Court; and/or
(b) 
The Court has issued a protective custody order. If the judge cannot be present on the Reservation, a protective custody order may be transmitted by the judge via telephone, computer, or fax.
(4) 
The Court’s dependency jurisdiction shall be in effect at the time the child is taken into protective custody, with or without court order.
(5) 
At the time the child is taken into protective custody, or as soon as possible thereafter, the person taking the child into custody shall make reasonable efforts to notify the child’s parent(s), guardian(s), or custodian(s) within a 24-hour time frame.
(6) 
The person taking the child into protective custody shall release the child to the physical custody of the child’s parent, guardian or other responsible person if:
(a) 
Safeguards are in place which make it reasonable to believe that the child is no longer in imminent risk of harm while in the parent’s, guardian’s, or custodian’s physical custody; or
(b) 
The parent, guardian, or custodian is not the person from whom the child was removed, and is a safe resource.
(7) 
A child who cannot be released to a parent, guardian, or custodian shall be placed, pending the preliminary inquiry hearing, according to the placement provisions set forth in this chapter.
(Res. 2015-101. Formerly 4.05.490; Res. 2018-346; Res. 2020-554)
(1) 
The Court shall issue a protective custody order if the Court finds probable cause to believe that a child within the Court’s jurisdiction is a youth-in-need-of-care, and that the child’s health, safety, and welfare will be in imminent harm if the child is not taken into protective custody and may adopt the alleged facts of the petition by reference.
(2) 
The protective custody order shall specifically name the child to be taken into custody. It shall state the time and date issued, the place where the child is to be taken, and the name of the person or persons authorized to take the child into custody. The order shall be signed by a judge or magistrate.
(3) 
The order shall be served as soon as practical. A child taken into custody under such an order may be held until the conclusion of the preliminary inquiry hearing, or as ordered by the Court.
(Res. 2015-101. Formerly 4.05.500; Res. 2018-346; Res. 2020-554)
The preliminary hearing shall be held within 72 hours excluding Saturdays, Sundays, and holidays of the signing of the protective custody order or of the child being placed in protective custody. Findings to be made by the Court shall include:
(1) 
The Tribal status of the child.
(2) 
If law enforcement or beda?chelh has taken a child into protective custody without a court order, whether there is probable cause to believe the child is in need of care. The Court does not need to make this finding again, if the child was taken into protective custody pursuant to an order for protective custody and that probable cause determination was already found at the time that order was signed.
(3) 
Whether the child(ren) can be immediately and safely returned home.
(a) 
Challenges at this hearing shall be limited to the need or lack of need for out-of-home placement, which all parties may provide testimony for if necessary. If law enforcement or beda?chelh has taken a child into protective custody without a court order, at this hearing parties may also provide testimony to contest probable cause determinations made by beda?chelh and/or law enforcement which lead to the child being taken into protective custody. Challenges to the facts alleged in the dependency petition shall be reserved for the adjudicatory hearing.
(4) 
Case Plan on Finding of Probable Cause. If the Court determines there is probable cause to believe the child is a youth-in-need-of-care, the Court may:
(a) 
Continue the petition, grant legal custody of the child to the Tribes, and place the child in the physical custody of the parent, guardian, or custodian, and set an adjudicatory hearing; or
(b) 
Continue the petition, grant legal custody of the child to the Tribes, and place the child in a beda?chelh approved placement, and set an adjudicatory hearing; or
(c) 
Affirm any other reasonable plan supported by the evidence, including but not limited to the postponement of proceedings, mediation, or a plan agreed to by the parties; and
(d) 
If the child is placed in out-of-home care, the Court shall set out in detail the visitation which beda?chelh will provide between the child and parent, guardian, or custodian, and relatives, if appropriate. Visitation is to provide for time for the parent/guardian/child relationship to continue.
(5) 
Interim Services. Determining whether voluntary compliance with beda?chelh recommended services, while further proceedings are being considered, are in the best interest of the child and family. The Court may issue any of the following orders: restraining orders; evaluation and treatment of substance abuse, mental illness, and emotional disturbance; parenting classes; mandatory school attendance; visitation; and any other services or activities for the benefit of the child and his/her family. The Court may make a particular placement conditional on compliance with any of its orders.
(6) 
Per Capita Distribution. The Court shall order all of the child’s per capita (monthly or bonus) distributions to be directed into their trust account for the duration of the dependency case. Per capita being deposited into the minor’s trust account under this chapter cannot be retroactively withdrawn from the minor’s trust account.
(7) 
General Welfare Act Payments. General Welfare Act payments are for assistance to Tulalip Tribal member children for health, welfare and/or education and are provided at the discretion of the Board of Directors (BOD) per Chapter 16.01 TTC. If such payments are authorized, it shall be by resolution from the BOD. General welfare payments of the child shall be directed to the person who has physical custody of the child. Children who are placed in facilities/institutions or not in the physical custody of an individual shall have their funds held by beda?chelh for their benefit.
(8) 
Adjudicatory Hearing. The Court shall set the date for the adjudicatory hearing. The hearing shall be within 45 calendar days from the date the petition alleging that the child is a youth-in-need-of-care was filed or the child was placed in protective custody. If the parent(s), guardian(s), or custodian(s) is not present at the preliminary inquiry hearing, a notice of adjudicatory hearing shall be served upon the parent(s), guardian(s), or custodian(s) as required by this chapter.
(9) 
Update to the YINC Petition. beda?chelh may file an update to the petition, including new information, 10 days prior to the adjudicatory hearing. If available beda?chelh may include in the update the proposed case plan as outlined in TTC § 4.05.540.
(10) 
Answer to the Petition. A written answer to a petition shall be made by each respondent and shall be filed and served upon the Office of Reservation Attorney on behalf of beda?chelh, no later than 14 days prior to the adjudicatory hearing.
(11) 
At the preliminary inquiry hearing beda?chelh shall set and provide notice to family of the date and time for a family resources and/or family team decision meeting, which shall be held within five days of the hearing.
(Res. 2015-101. Formerly 4.05.510; Res. 2015-497; Res. 2016-096; Res. 2018-346; Res. 2020-554)
(1) 
When a youth-in-need-of-care child is in the legal custody of beda?chelh, and cannot be returned to a parent, guardian, or custodian, beda?chelh shall consider foremost the best interests of the child. The child(ren) will be placed in the temporary physical custody of one of the following, in order of preference and priority:
(a) 
Relatives or with a person who would qualify as having a significant familial relationship with the child as defined within this chapter;
(b) 
Private Tribal home, licensed or approved by beda?chelh;
(c) 
Private other Native home, licensed or approved by beda?chelh, on the Reservation;
(d) 
Private non-Native home, licensed or approved by beda?chelh, on the Reservation;
(e) 
Private other Native home, licensed or approved by beda?chelh, off the Reservation;
(f) 
Private non-Native home, licensed or approved by beda?chelh, off the Reservation; or
(g) 
In an emergency placement, however, beda?chelh shall continue to attempt to locate a family member or Tribal home for the child consistent with subsections (1)(a) and (b) of this section.
(2) 
Notwithstanding the above, beda?chelh, with good cause shown, shall have the discretion to place the child in a placement that serves the best interests of the child; this placement may include a confidential placement, the location of which will be disclosed only to the Court, or a specialized home to address special needs of the child.
(3) 
A child shall be placed in as close proximity to the parent or guardian as possible to facilitate and encourage visitation and reunification unless such placement is not in the best interest of the child.
(4) 
A child shall be placed in the least restrictive placement available to meet the child’s treatment needs; preference for placement shall be on or near the Tulalip Reservation so that the child can participate in all cultural events available and have access to family members.
(5) 
Placement of a child shall be contingent on the person’s written agreement to accept the jurisdiction of the Tulalip Tribal Court and to cooperate fully with beda?chelh.
(6) 
In cases where a child has been with a placement, outside the placement preference, for a period of more than one year, and if a significant familial relationship can be shown, presumably the placement is in the best interests of the child. beda?chelh shall be required to demonstrate by a preponderance of evidence that any change of placement from this placement is in the child’s best interest, except for returning the child to their parent(s) or guardian(s).
(Res. 2015-101. Formerly 4.05.520; Res. 2015-497; Res. 2018-346; Res. 2018-424; Res. 2020-554)
beda?chelh shall make every effort to facilitate frequent and consistent visitation with parent(s) or guardian(s), and siblings, whether in person, on the phone, over video conference, or by text. Visitation should be in the least restrictive means possible so long as it is safe for the child. Visitation will be suspended if it is not in the best interest of the child. If the child is placed out of parental or guardian care, beda?chelh will provide visitation between the child, siblings and relatives or persons with significant familial ties, as appropriate. Visitation may be limited by beda?chelh in the event that beda?chelh staff cannot support the same level of visitation or may be limited to parent/guardian and child only in the event of a pandemic, natural disaster, or unforeseen circumstances outside of beda?chelh’s control.
(Res. 2020-554)
(1) 
The adjudication is a court hearing to determine whether continued court jurisdiction is necessary. At the adjudicatory hearing, the Court will determine the following:
(a) 
Beda?chelh shall have the burden of proof to prove the child is a youth-in-need-of-care by a preponderance of the evidence;
(b) 
Presumption for Child to Be in In-Home Care. The child shall be placed in in-home care unless beda?chelh proves by clear and convincing evidence that removal or continuing to remain in out-of-home placement is in the child’s best interest. In making this determination, the Court shall consider the services that the parent or guardian has participated in or completed since the dependency action was filed as well as any change of circumstances;
(c) 
Whether beda?chelh has made active efforts to reunify the family.
(2) 
If the child is adjudicated to be a youth-in-need-of-care, then the Court shall set a status review hearing within 60 days of the adjudicatory hearing or the case plan hearing, whichever is later, and a permanent plan hearing within one year of the date of removal of the child.
(3) 
Beda?chelh shall set and provide notice to family of the date and time for a family resource meeting, which shall be held within five days of the adjudicatory hearing.
(Res. 2015-101; Res. 2015-497; Res. 2018-346; Res. 2020-554)
(1) 
Purpose. The case plan shall be designed for each individual family and shall recommend services appropriate to alleviate the safety concerns alleged in the petition with the goal of reunifying the family and strengthening a child’s identity and connection to their family.
(2) 
Scope. The case plan can be established at the adjudicatory hearing or a hearing to be held within 10 days of the entry of the adjudicatory order. The case plan shall contain all necessary services. A new service may only be added after a hearing and if there is newly discovered evidence or a substantial change in circumstances that would support good cause for the Court to order additional services.
(3) 
Content. The case plan report shall be filed and served 10 days prior to the adjudicatory hearing and contain the following recommendations:
(a) 
Placement. The preference for placement shall be with the parent, guardian or custodian unless beda?chelh shows by clear and convincing evidence why returning the child would not be in the child’s best interests. In all cases beda?chelh shall provide:
(i) 
A plan for out-of-home placement of the child and what steps may need to be taken before the parent or guardian and child can be reunified; or
(ii) 
A plan for in-home placement and what services need to be done or continued to maintain the child safely in the home.
(b) 
Services and Conditions Set by the Court. The services and conditions or restrictions which the Court may set upon a child, parent, guardian, custodian, or any other person shall be designed to improve the circumstances of the child, remedy the safety concerns that gave rise to the dependency case and work towards reunifying the family. All services should be unique to the parental and family needs and the circumstances of the case.
Services necessary to return the child to, or maintain placement with, a parent or guardian, may include the following (not an exhaustive list): medical evaluation; drug and alcohol evaluation; assessment and treatment of psychological/psychiatric condition; domestic violence education classes; domestic violence treatment for perpetrators; sexual deviancy evaluation; compliance with protection orders; parenting classes; mandatory school attendance; visitation; cooperation with beda?chelh; compliance with a case plan and/or service agreement; and cooperation with, and participation in, any and all services in which the child is engaged, including on-site residential or institutional services; entry of a custody order; or other requirements in the discretion of the Court that are in the best interest of the child.
(c) 
Identification of Siblings and Other Family. beda?chelh shall include at least the names of the child’s siblings in order to better facilitate visitation and family contact.
(d) 
In rare circumstances beda?chelh may request to be relieved by the Court at or after the adjudicatory hearing from the duty of providing active efforts for reunification with a parent(s) when the parent(s) has:
(i) 
Subjected the child and/or sibling(s) to aggravated circumstances including but not limited to torture, chronic abuse, severe neglect or sexual assault;
(ii) 
Committed, aided, abetted, attempted, conspired, or solicited deliberate or mitigated deliberate murder or manslaughter of a child or the sibling or parent of the child;
(iii) 
Committed aggravated assault against a child;
(iv) 
Committed neglect of a child that resulted in serious bodily injury or death.
(Res. 2018-346; Res. 2015-101; Res. 2020-554)
The parties may agree to a proposed adjudicatory order in which respondents stipulate that there are sufficient facts alleged in the petition for the Court to find the child is a youth-in-need-of-care. Prior to signing the order, the Court shall ensure the parent or guardian understands what he or she is signing and what rights he or she is giving up by determining the following:
(1) 
Explain the proposed agreed order in detail and the consequences of the person’s failure to comply with the agreed terms;
(2) 
Assure that the person’s consent to the proposed order is not the result of coercion, threat, duress, fraud, overreaching, or improper promise on the part of any person;
(3) 
Explain that the Tribe has the burden of proving the allegations within the petition and that they do not have to agree to the terms of the order; and
(4) 
Explain that once the person agrees to the proposed order and it is signed and entered by the court, it is a final order.
(Res. 2018-346; Res. 2015-101; Res. 2020-554)
At a conference, or at another appropriate time and place, an alternative to the adjudicatory hearing, an agreed deferred adjudicatory order, may be discussed. If such an agreement is satisfactory to the parties, it will be presented to the Court. beda?chelh may not consider a deferred adjudicatory order if the services are likely to take longer than nine months for parties to complete.
(1) 
Written Agreement. The agreed order shall be reduced to writing and signed by the parties and shall state the conclusions reached as a result of the conference, specifying in detail what is expected of beda?chelh and the parties entering into the agreement. Each party will receive a copy of the signed agreement which should include a statement that the agreement has been read to the parties and that they understand the requirements and consequences of the agreement.
(2) 
Stipulations and Forfeit of Right to an Adjudicatory Hearing. The written agreement may include stipulations concerning the admissibility of the beda?chelh Declaration for Emergency Pick-Up or the preliminary inquiry hearing record. The parties entering into the agreement shall give up their right to an adjudicatory hearing.
(3) 
Court Order. The Court shall enter an order continuing the petition and adopting the agreed order.
(4) 
Court Postponement of Findings. Upon acceptance of the agreement of the parties and the written agreed order, the Court will continue protective custody of the child, but will postpone entering adjudicatory findings, and will postpone making the child a ward of the Court.
(5) 
Time Limit. The agreed order will be in effect no longer than nine months, except upon order of the Court.
(6) 
Review, Continuation, Dismissal, Adjudication, or Extension. beda?chelh shall, with the family if possible, review and document the family’s progress at least every 30 calendar days. If, at any time after the initial 30-calendar-day period, but before the expiration of nine months, beda?chelh concludes that the party entering into the agreement is fully compliant, and it is in the best interests of the child, beda?chelh may move the Court for dismissal of the case. If, at any time after the initial 30-calendar-day period, but before the expiration of nine months, beda?chelh concludes that the party entering into the agreement is noncompliant, and that continuing the agreement is not in the best interests of the child, beda?chelh may move the Court for termination of the agreed order and an adjudicatory order. If good cause is shown, the agreement can be extended, but no longer than an additional nine months.
Reports for deferred review hearings shall be specifically about the parents’ compliance with agreed court-ordered services and any updates to the parent and child’s situation. Concise reports shall be filed five days prior to the hearing and served on the parent’s attorney or parent if they are not represented.
(7) 
Dismissal of the Petition. If the party entering into the agreed order successfully completes the agreement, beda?chelh will notify the Court, and the Court may dismiss the petition, without prejudice, as to that party. The Court may do so without a hearing.
(8) 
Court Resolution of Disputes. If there is a dispute as to whether or not the agreement has been successfully completed, a hearing may be set prior to the expiration of the agreement and the Court will determine the matter.
(9) 
Right of a Party to Request an Adjudicatory Hearing. A party who chooses not to enter into an agreed order has a right to an adjudicatory hearing as to her/himself, regardless of whether another party has entered into an agreed order on her/his own behalf.
(10) 
Per Capita. The child’s per capita shall go to the parent(s)/guardian(s) who has physical custody of the child in in-home dependency. If the child is not placed with either parent or guardian then the child’s per capita shall be directed 100 percent into trust. If circumstances change then the child’s per capita will be redirected. The parent(s) receiving the child’s per capita is responsible for filing the child’s taxes and paying any filing fees and taxes owed.
(11) 
General Welfare. If the Board of Directors has authorized providing aid to Tulalip Tribal members through the General Welfare Act, to assist Tribal members with paying for food, housing and other household needs, then those payments for a child shall be distributed in accordance with the authorizing resolution from the BOD to the individual who has physical custody of the child.
(Res. 2018-346; Res. 2015-101; Res. 2020-554)
(1) 
The Court may make a finding at or after the adjudicatory hearing that beda?chelh need not make active efforts to provide reunification services. The Court shall base this finding on proof that beda?chelh has petitioned or is intending to petition for termination of parental rights or if the Court finds that the parent has:
(a) 
Subjected the child to aggravated circumstances including but not limited to torture, chronic abuse, severe neglect or sexual assault;
(b) 
Committed, aided, abetted, attempted, conspired, or solicited deliberate or mitigated deliberate murder or manslaughter of a child or the sibling or parent of the child;
(c) 
Committed aggravated assault against a child;
(d) 
Committed neglect of a child that resulted in serious bodily injury or death; or
(e) 
Had another child placed in permanent out-of-home placement and the parent has failed to effect significant change in the interim so as to care for another child.
(Res. 2015-101. Formerly 4.05.580; Res. 2018-346; Res. 2020-554; Res. 2022-243)
(1) 
Status review hearings shall be held within 60 calendar days of the adjudicatory or case plan hearing, whichever occurs later, and at least every three months thereafter so long as a child remains within the jurisdiction of the Tulalip Tribal Court, and a permanent plan for the child has not yet been established by court order.
(2) 
The Court shall review the compliance of all parties with the case plan and shall determine the continuing need for, and appropriateness of, court jurisdiction. Specifically, the status of the child will be reviewed to:
(a) 
Determine the continuing need for, and appropriateness of, court jurisdiction and of the child’s placement;
(b) 
Determine the extent of compliance by all parties with the case plan;
(c) 
Determine the extent of progress the parent has made toward eliminating the need for removal of the child from parental care, including, but not limited to, the efforts at compliance with required services, and whether sufficient progress is being made to consider return home likely in the near future;
(d) 
Consider whether the services provided to the family have been appropriate, accessible, and provided in a timely manner; further consider whether beda?chelh can reasonably provide additional services which will facilitate the return of the child to parental care;
(e) 
Assess beda?chelh’s concurrent case planning, if any, and the program’s efforts to effect an alternative permanent plan for the child in the event there is insufficient progress to restore custody;
(f) 
Determine whether active efforts are being made by beda?chelh to alleviate the need for removal of the child from parental care; and
(g) 
Project a likely date when the child will be returned to parental care or when an alternative permanent plan will be put into effect.
(Res. 2015-101. Formerly 4.05.590; Res. 2018-346; Res. 2020-554)
(1) 
Beda?chelh shall prepare a status review report, which shall be filed, and copies given to all parties or sent to the address on record with the Court 10 calendar days before the hearing, except by order of the Court. beda?chelh’s report shall provide supportive documentation, and shall summarize the history of the case since the last hearing and detail active efforts made to provide services to the child and family.
(2) 
A party may prepare their own report summarizing his or her history since the last hearing which shall be filed and served on the parties in the manner immediately above.
(3) 
A party that disputes the content of beda?chelh’s report may request a short continuance and provide a written response.
(Res. 2015-101. Formerly 4.05.600; Res. 2018-346; Res. 2020-554)
The parties and placement shall be provided with written notice of any change in the child’s placement or visitation unless such notice could be harmful to the child or the parent or guardian has failed to participate in the court proceedings. The notice provided to the parent or guardian may be limited to the type of placement or that the child has been moved if information must remain confidential to protect the child or placement.
beda?chelh shall provide the notice as soon as practicable, unless the child’s health or safety would be endangered by delaying the proposed change, or the current placement gave notice that the child must be removed immediately. If the parent or guardian is represented by an attorney, the notice shall be served on him or her.
(Res. 2015-101. Formerly 4.05.610; Res. 2018-346; Res. 2020-554)
The Court shall conduct a hearing to review its plan 12 months after the child has been taken into custody. The Court shall review whether the parties are complying with the case plan, determine whether to return the child home, to continue out-of-home placement, or whether another planned living arrangement is in the best interests of the child. The Court will also determine if active efforts were made to support the case plan and if modification is necessary to protect the child and strengthen the family. At the permanent plan hearing, the Court shall consider all factors related to the best interest of the child with particular interest to their permanency needs.
The permanent plan options (not in any order of priority) are as follows:
(1) 
Return Home. It is anticipated at this hearing, or in the near future, the child will be returned to a parent or guardian.
(2) 
Dependency Guardianship. The underlying dependency remains open and held in abeyance, but the guardian is considered the long-term parent/guardian until 18 or further court order.
(3) 
Long-Term Relative Care. Placement with a child’s relative until 18 or further court order.
(4) 
Long-Term Foster Care. State or Tribal approved foster care placement in the child’s best interest until 18 or further court order.
(5) 
Independent Living. For children 16 years or older or children who have volunteered to stay in dependency beyond the age of 18. Services are provided to the child with a focus on developing the child’s independent living skills with a goal of transitioning to full independence.
It is anticipated that for any of the above to be completed, that additional hearings will be necessary. If the permanent plan is dependency guardianship, or termination of parental rights and adoption, a new case number will be necessary for that action.
(Res. 2015-101. Formerly 4.05.620; Res. 2018-346; Res. 2020-554)
The Court shall review the permanent plan of a child at least two times per year unless the child is in an in-home dependency, then the hearings shall be held every three months:
(1) 
In all other cases in which the child remains a ward of the Court, beda?chelh shall be responsible for submitting a report to the Court 10 days prior to the hearing and is responsible for appearing at and providing information for a permanent plan review hearing of the child’s plan.
(2) 
Findings Required. At the permanent plan review hearing conducted by the Court after the establishment of the permanent plan, the Court shall determine:
(a) 
The continued appropriateness of the placement and the permanent plan;
(b) 
The extent of compliance with the permanent plan;
(c) 
The adequacy of services provided to the child and placement;
(d) 
The compliance of the parents in their court-ordered services; and
(e) 
Whether other services are necessary to support the permanent plan, and if such services can be reasonably provided by the Court or beda?chelh.
(3) 
Final Order. A permanent plan order is a final order for the purposes of appeal.
(4) 
If the case plan for a child has been guardianship or other than return home for three years or more then beda?chelh shall be relieved of the duty to provide active efforts to the parents.
(5) 
Change in the Permanent Plan. A parent, guardian or beda?chelh may motion the Court to change the permanent plan back to return home if there has been a substantial change of circumstances and changing the plan to return home is in the best interest of the child. The standard of proof shall be preponderance of the evidence.
(Res. 2015-101. Formerly 4.05.630; Res. 2018-346; Res. 2020-554)
(1) 
Purpose. The extended foster care program strives to help youth in foster care prepare for adulthood and avoid experiencing homelessness as well as to ensure youth have the opportunity to learn about their unique culture and heritage, to grow up healthy and strong.
(2) 
Youth Age 18 to 21. A youth who turns or will turn 18 years old while still in dependency care under the jurisdiction of the Tribes can voluntarily agree to maintain their dependency proceeding at any time up to the day the youth reaches age 21. Youth may enter and exit extended foster care as they choose until they reach age 21.
(a) 
To remain eligible for the extended foster care program, the youth must sign and agree to the voluntary placement agreement.
(b) 
Should a youth sign and agree to the voluntary placement agreement within six months of their eighteenth birthday, but no later than that, the agreement shall be effective on the youth’s eighteenth birthday; otherwise the agreement is effective for a youth between ages 18 and 21 upon the date of the court order entering the agreement into the youth’s dependency case record.
(c) 
Tribal jurisdiction will terminate upon:
(i) 
The youth informing the Court they no longer want to participate in the program, and entry of court order reflecting their request to terminate; or
(ii) 
The youth’s twenty-first birthday.
(d) 
The Court shall dismiss the dependency matter of any youth on their eighteenth birthday if that youth has not signed and agreed to the voluntary placement agreement.
(3) 
Parent(s) or Guardian(s). The youth’s parent(s) or guardian(s) shall be dismissed from the dependency proceeding when the youth reaches the age of 18.
(4) 
Counsel for Youth. The Court shall appoint counsel to a youth who is or will be participating in the extended foster care program.
(5) 
Review Hearings. The case plan for and delivery of services to a youth in extended foster care is subject to review at least two times per year.
(a) 
The Court shall order a youth participating in the extended foster care program to be under the placement and care authority of beda?chelh and the youth shall continue as a non-minor ward of the Court.
(i) 
Beda?chelh’s placement and care authority over a youth engaged in the extended foster care program is solely for the purpose of providing services and does not create a legal responsibility for the actions of the youth receiving extended foster care services.
(ii) 
Beda?chelh’s placement and care authority over a youth engaged in the extended foster care program is subject to the youth’s continued agreement to participate in extended foster care program.
(b) 
For the purpose of pursuing reimbursement funding only, the Court shall make judicial findings regarding:
(i) 
Youth’s plan to engage in, active engagement in, or completion of studies or a vocational program:
(ii) 
Youth’s engagement in an activity or program to promote employment or remove barriers to employment;
(iii) 
Youth’s engagement in employment for 80 hours or more per month;
(iv) 
The youth’s engagement in independent living skills; and/or
(v) 
Whether the youth is not able to engage in any of the activities described in subsections (5)(a)(i) through (5)(a)(iv) of this section due to a documented medical condition.
(c) 
For case planning purposes, the Court shall consider:
(i) 
Whether the youth is safe in his or her placement and if placement adheres to the DCYF Extended Foster Care Program policy regarding placement types;
(ii) 
Whether the current placement is developmentally appropriate for the youth;
(iii) 
Whether additional case plan services are in the youth’s best interest and deveopmentally appropriate;
(iv) 
The youth’s development of independent living skills;
(v) 
The youth’s contact with their assigned beda?chelh social worker; or
(vi) 
The youth’s overall progress toward transitioning to full independence and the projected date for achieving such transition.
(d) 
Prior to the review hearing, the youth’s attorney:
(i) 
Shall file a written response to beda?chelh’s report no less than three days prior to the hearing, outlining any contested issues and may request a continuance if additional time is needed to file a written response; and
(ii) 
May file a written report no more than three days prior to the hearing, outlining additional information necessary for the Court’s review.
(Res. 2015-101. Formerly 4.05.640; Res. 2016-096; Res. 2018-346; Res. 2020-554; Res. 2024-371)