This article deals with long-term out-of-home placement options for a child that is either involved in a youth-in-need-of-care case or a private cause of action. There are three long-term options: legal guardianship after a youth-in-need-of-care case or a private legal guardianship, customary adoption or legal adoption. In all cases, under this section, the best interests of the child shall guide the Court’s decision.
(Res. 2015-101. Formerly 4.05.650; Res. 2018-346; Res. 2020-554)
The petitioner(s) shall arrange to have a home study report prepared by beda?chelh. The report shall be in writing and contain the professional opinions of all persons consulted. The home study report shall contain the below information as well as beda?chelh’s recommendation with enumerated responses to all factors of the best interest of the child standard as defined under this chapter:
(1) 
The physical and mental condition of the child, petitioner(s) and persons living in the petitioner’s home;
(2) 
How long the child has been residing in the petitioner’s home, and the circumstances necessitating the permanency needs of the child; this may be filed in seal with the Court separately if it is confidential;
(3) 
The home environment, family life, access to health services, and resources of the petitioner(s);
(4) 
The child’s and petitioner’s cultural heritage and Tribal status;
(5) 
The marital status of the petitioner(s);
(6) 
The names and ages of the petitioner’s children and of any other persons residing with the petitioner(s);
(7) 
Information from health, education, and social service personnel who have had prior professional contacts with the child and petitioner(s);
(8) 
A check of the criminal records and Child Protective Services (CPS) records, if any, of the petitioner(s);
(9) 
Any criminal, CPS or reported history of alcohol or drug abuse in petitioner’s household; and
(10) 
The opinion of the child if he or she is over the age of 14, and whether he or she should be given an opportunity to provide this opinion in person to the Court in chambers.
The home study shall be filed in Court at least 10 days prior to the hearing date and be served on the petitioner(s). Children who are age 14 and older and the subject of the home study shall be served with the home study recommendations only with any confidential information as to the petitioners redacted. Respondent parents may request a copy of the home study recommendations only with any confidential information as to the petitioners redacted.
(Res. 2020-554)
(1) 
Purpose. For all guardianship cases, a guardianship should provide permanence, a stable home, and a responsible and emotionally supportive caregiver to the child without terminating a parent’s rights.
For youth-in-need-of-care, there is a presumption that guardianship is in the child’s best interest if the following has occurred:
(a) 
The child has been adjudicated a youth-in-need-of-care;
(b) 
The parent was given the requisite time period to reunify with the child;
(c) 
The permanent plan for the child was changed from return home to a permanent plan of guardianship.
(2) 
Scope. This section applies to both adjudicated youth-in-need-of-care and private guardianships. An adjudicated youth-in-need-of-care guardianship may impose additional requirements or consideration and will be specified. A private guardianship cannot be considered if the child is a court-adjudicated youth-in-need-of-care.
(Res. 2018-346; Res. 2015-101; Res. 2020-554)
(1) 
Who May File a Petition for Guardianship and Standing.
(a) 
Any person petitioning for legal guardianship must be an adult and establish:
(i) 
He or she is a relative or has established a significant familial relationship as defined within this chapter; and
(ii) 
The petitioner has current custody or placement of the child by a court order or by written agreement of the custodial parent(s) with proof attached. Implicit agreement by the parent(s) is presumed if the child has been with the petitioner for three or more years or a majority of the child’s life.
(2) 
Contents of the Petition. A petition for guardianship shall be verified under oath by the petitioner(s) and shall contain the following information:
(a) 
The full name, residence, enrollment status of the youth, date and place of birth and sex of the child, with attached birth certificate for the child (for current youth-in-need-of-care birth certificate need not be attached to the petition);
(b) 
The names of the persons with whom the child has lived, the residences at which the child has lived for the previous year, and the length of time the child has lived with each person and at each residence;
(c) 
The names and residences of the child’s legal parents, guardians, or custodians. In addition, the names and residences of putative fathers, if any;
(d) 
The full name, residence, date and place of birth, occupation of the petitioner(s), statement of relationship to the child, and petitioner’s Tribal membership, if applicable. The petitioner can request that their address be confidential and use beda?chelh’s address consistent with current policies;
(e) 
A statement by petitioner(s) of the desire that a relationship of legal guardian and child be established between petitioner(s) and the child;
(f) 
A plan to maintain the child’s ties with their family, the Tribes, and their culture.
(3) 
Summons and Notice of Hearing.
(a) 
The Court Clerk shall set a preliminary hearing within 30 days and issue summons and notice of the preliminary hearing upon filing the petition. If the petitioner files a motion for publication and the motion is granted then the clerk shall set the preliminary hearing within 60 days to allow for publication. Notice shall include:
(i) 
The date, time, and place of the hearing and a copy of the petition for guardianship; and
(ii) 
A statement to the effect that the rights of the parent(s) may be affected, that certain persons are proposed to be appointed as guardian(s) in the proceedings, and that if the parent(s) fail to appear at the time and place specified in the summons, the Court may appoint those persons as guardian(s) and take any other action that is authorized by law.
(4) 
Service of the Petition, Summons and Notice of Hearing for Guardianship.
(a) 
Guardianship petitioner(s) shall be responsible to have the petition, summons and notice of hearing for guardianship personally served on:
(i) 
The child’s parent(s);
(ii) 
The child who is the subject of the petition for guardianship if he or she is 14 years of age or older;
(iii) 
Beda?chelh or the Office of the Reservation Attorney;
(iv) 
Any person the parties or the Court deems necessary for proper adjudication; and
(v) 
If the child is not enrolled in the Tulalip Tribes, any tribe the child is enrolled in or is eligible for enrollment.
(b) 
If any party who is required to be personally served is not within the exterior boundaries of the Reservation, service shall be by certified mail, return receipt requested, or by any other means reasonably designed to give summons and notice.
(c) 
If any party’s current address is unknown, the petition shall be published in a regularly published newspaper of the last known area the party resided in or in the See-Yaht-Sub pursuant to TTC § 2.10.030.
(d) 
Service shall be made by any person over the age of 18 who is not a party to the proceedings.
(e) 
As soon as practicable, proof of service shall be filed with the Clerk of Court indicating the date, time, and place of service.
(Res. 2015-101; Res. 2015-497; Res. 2018-346; Res. 2020-554)
(1) 
At the preliminary guardianship hearing the following will occur:
(a) 
Determination of standing of petitioner.
(b) 
Order that beda?chelh prepare a home study.
(c) 
Set provisions as necessary for temporary guardianship for non-youth-in-need-of-care if necessary pending the final guardianship hearing.
(2) 
Child’s Preference for Guardian. When the child who is the subject of the petition for guardianship is 14 years of age or older, the Court shall consider his or her preference in appointing a guardian. The child may provide this preference to the Court through beda?chelh, a GAL or attorney, or appear in court to provide their opinion to the judge under any of the options available in TTC § 4.05.360.
(3) 
Guardianship Hearing.
(a) 
Procedure at Hearing. Petitioner(s) and beda?chelh shall appear personally at the hearing.
(b) 
Judicial Determination. The Court shall review the home study, case file and any records filed to make a determination by a preponderance of the evidence as to whether the guardianship is in the best interests of the child as defined under TTC § 4.05.040.
(c) 
Order. An order establishing guardianship shall be considered a final order for the purposes of appeal.
(Res. 2018-346; Res. 2015-101; Res. 2020-554)
(1) 
A guardian appointed by the Court shall have the custody of, and be responsible for the care of, the child and the following additional duties:
(a) 
Safeguarding the care and management of his/her property from the date of the guardianship’s establishment until the child reaches the age of 18, marries, is emancipated by the Court, or until the guardian is legally discharged, or custody is transferred back to beda?chelh; provided, that the guardian shall not have the authority, without express consent of the Court, to dispose of any real property or Tribal member benefits of the child in any manner.
(i) 
Out-of-Court Guardianship Review. beda?chelh shall review guardianship cases no less than semiannually for a period of three years. beda?chelh shall keep an internal record of guardianship reviews, but need not file them with the Court. Guardians may request a copy of their reviews; however, the birth parents are not entitled to a copy of the review. If any continuing support or services are determined to be needed by the guardianship review team or the guardian the review period may be extended past three years. For all cases in which a cultural and family plan has not been filed with the Court regardless of when the guardianship was granted the guardianship social worker shall work with the guardian(s) to create a plan and file it with the Court.
(ii) 
Judicial Review. beda?chelh shall have the ability to file motions in guardianship cases to request judicial review of a case to address any concerns that may arise. The Court may order the guardian(s) to participate and comply with services to alleviate such concerns.
(b) 
The guardian shall also have the authority to consent to the medical care and treatment of the child, and to otherwise have those rights of a parent of the child.
(c) 
A cultural and family plan will be required and incorporated as an attachment to the home study.
(d) 
The Court may order a guardian to let the parent(s) visit or contact the child, but the Court may also put limits or other conditions on the visitation, such as requiring that any visitation be supervised. The time and frequency of parental visitation is often up to the guardian (or the Court) to decide. Parents may, in some cases, regain custody of their child in the future if the Court determines the guardianship is no longer in their child’s best interests.
(e) 
Per Capita. Guardians shall receive current Tribal member per capita on behalf of the child in accordance with Chapter 5.20 TTC. Per capita distributions that were deposited into the child’s trust account under TTC § 4.05.1150 cannot be pulled out of the youth’s minor’s trust account.
(f) 
General Welfare Act Payments. General Welfare Act payments for assistance to Tulalip Tribal member children for health, welfare and/or education are provided at the discretion of the Board of Directors (BOD). If such payments are authorized, it shall be by resolution from the BOD and shall be distributed to the child’s legal guardian(s) on their behalf.
(g) 
Name Change. The guardian shall not legally change or add to the birth name of the minor child, unless it is to change the child’s surname to their Tulalip family’s last name and is supported by their blood relatives.
(Res. 2015-101; Res. 2015-497; Res. 2018-346; Res. 2020-554)
(1) 
Termination of the Guardianship Order.
(a) 
Relinquishment of Guardianship. A guardian may not motion the Court for relinquishment of guardianship of a child until they have had a meeting with their guardianship social worker and Family Haven to assess services that are available to the guardian(s) and child to maintain the guardianship. The guardian(s) must work with Family Haven and beda?chelh for 90 days prior to filing a motion to relinquish guardianship in Court. The Court will review the motion, efforts made to maintain the guardianship, and documentation of services provided to the family and child in chambers to determine if there is prima facie evidence to substantiate the setting of a hearing. Guidelines to guide the Court shall be set by court rule. The Court shall set a preliminary hearing on motion within two weeks and issue a summons. The guardian must serve the parent(s) and beda?chelh with the motion to relinquish and summons for the hearing. The Court will determine whether good cause exists and if relinquishment is in the best interest of the child. beda?chelh will have a family resource meeting with the guardian(s) and youth to further determine any additional resources or services that may be helpful to assist in maintaining the family unit.
(i) 
Court Authorization for beda?chelh to Access Records Pending Relinquishment of Guardianship. In the event a child is being relinquished for needs which the guardian cannot manage, beda?chelh may request the Court to issue a temporary authorization to access the youth’s medical, mental health and educational information in order to secure the most fitting placement for the youth.
(b) 
Dismissal of Guardianship by Parent(s)’ Motion.
(i) 
Age of Child. If the child was under the age of three at the time of removal from their parent(s), and the parent(s) did not engage in services or have visits with the child while a youth-in-need-of-care, then the parent(s) cannot seek return of their child from guardianship. If the child was older than the age of three at the time of removal and has been in their placement home for more than three years, and the parent(s) did not engage in services or have visits with the child while a youth-in-need-of-care, then the parents cannot seek return of their child from guardianship unless exceptional circumstances exist. Exceptional circumstances must be demonstrated by the parent and approved by the Court. In the case where parent(s) can no longer seek return home of their child, they can still seek a healthy relationship with the child through a beda?chelh approved mediator between the biological parent(s) and guardian(s).
(ii) 
In a youth-in-need-of-care guardianship, a parent who has complied with the services required from the adjudicatory and case plan, or otherwise can demonstrate a substantial change of circumstances, may move for dismissal of the guardianship. In all other cases there must be shown a substantial change of circumstances as a preliminary matter.
(iii) 
The parent must provide documentation of completed services and requirements. Prior to the parent serving the guardian(s), the Court will review these documents and the underlying dependency in chambers to determine if there is prima facie evidence to substantiate the setting of a hearing. Guidelines to guide the Court shall be set by court rule. If the evidence is sufficient, then a hearing shall be set and the parent must serve the guardian with the court date and motion, and beda?chelh with the court date, motion and supporting evidence. If the child was placed out of the home as a result of a drug or alcohol issue, then the parent must demonstrate one year of documented sobriety of clean urinalysis results and treatment records before return home will be considered.
(iv) 
The presumption at this hearing is that the child should remain with his or her guardian if the child has been in the guardian’s care for over three years or a majority of the child’s life.
(v) 
To overcome this presumption the parent must show by clear and convincing evidence that termination of the guardianship is in the child’s best interest. Any costs associated with a parent obtaining documentary proof, such as evaluations or professional recommendations, that termination of the guardianship is in the child’s best interest shall be borne by the parent.
(c) 
Dismissal of Guardianship on beda?chelh’s Motion. beda?chelh may motion the Court to dismiss the guardianship on the grounds that there has been a substantial change of circumstances and dismissal is in the best interest of the child. The standard of proof shall be clear and convincing evidence.
(2) 
Upon Relinquishment or Dismissal.
(a) 
If the child has previously been adjudicated as a YINC, the child’s permanent plan order will remain in effect, including all required services previously ordered of the parents.
(i) 
Beda?chelh shall be responsible for placing the child and reviewing the permanent plan order.
(ii) 
A permanent plan review hearing will be held within 30 days of the dismissed guardianship. A beda?chelh report to court for a permanent plan review shall be filed 10 days prior to the hearing.
(b) 
For a non-youth-in-need-of-care guardianship, the Court shall set subsequent hearings, with the first to be held within 30 days to establish a hearing schedule for the child. The Court shall notify beda?chelh if there is no parent or other guardian willing or able to care for the child prior to the relinquishment or dismissal of the guardianship.
(c) 
The child’s per capita shall be distributed to the child’s minor trust account pending further court order. If the child receives General Welfare Act payments per resolution of the Board of Directors the payments shall go to whomever has physical custody of the youth at the time of distribution. If the youth is not in a placement home but in a facility/treatment center or institution the money shall be held by beda?chelh and used for the benefit of the youth.
(Res. 2015-101; Res. 2015-497; Res. 2018-346; Res. 2020-554)
After guardianship is granted, beda?chelh and the Court retain jurisdiction until the child turns 18 or is adopted but no further Court review is required unless there is a change of circumstances or a request for Court review is made by the beda?chelh guardianship team.
Visits with Children in Guardianship. beda?chelh finds it is in a child’s best interest to maintain a connection to their family through visitation to strengthen a child’s sense of identity, place in the world, stability and psychological well-being throughout their life. beda?chelh shall administratively review requests for visits per this section.
(1) 
Rights and Obligations of the Guardian. Guardians should provide regular visitation and contact with the child’s family. Guardians generally have legal custody of a child and are responsible for the well-being of that child. If guardians have any questions or concerns about family visits, they should contact the guardianship review team as outlined in subsection (3) of this section.
(2) 
Family Member Visitation and Contact. Relatives or anyone who has a significant familial relationship with a child may request visitation directly to the guardian or through beda?chelh.
(3) 
Visitation Planning and Conflict Resolution. If needed, beda?chelh shall help guardian(s) and relatives if there are safety concerns, issues or if help is needed to make contact with each other to support visitation and long-term relationship development so long as it is in the best interest of the child to do so. After beda?chelh has worked with the guardians and relatives and a voluntary visitation plan could not be implemented, then guardians, relatives, and/or beda?chelh may file a motion with the Court to request the Court impose, enforce, or amend a visitation plan. The Court shall give substantial weight to beda?chelh regarding visitation plans.
(4) 
Moving Out of Tulalip Tribes’ Area. Forty-five days prior to moving outside of Western Washington, the guardian shall notify beda?chelh of the move, the reason for the move and the plan the guardian has in place for maintaining the child with his or her family and culture. If the family fails to notify beda?chelh, a hearing may be set to determine whether the child should be allowed to move with the guardian or be returned to beda?chelh. Any time the guardian and youth move they shall notify Enrollment of the address change.
(Res. 2015-101; Res. 2015-497; Res. 2018-346; Res. 2020-554; Res. 2023-117)
(1) 
Purpose. Customary adoption within the Tulalip Tribes is a two-step process. The first step involves suspension of parental rights until the child turns 18, but does not require judicial termination of parental rights. The second step is a ceremonial and legal process in which another family or community member assumes parental responsibilities through customary adoption. Customary adoption is intended to provide permanence to a child. There is a presumption that suspension of parental rights is in the child’s best interest if the following has occurred:
(2) 
For Youth-in-Need-of-Care Guardianships.
(a) 
The child has been adjudicated a youth-in-need-of-care;
(b) 
The parent was given the requisite time period to reunify with the child;
(c) 
The permanent plan for the child was changed from return home to a permanent plan of guardianship; and
(d) 
The child has been in legal guardianship with the same person a minimum of three continuous years.
(3) 
For Non-Youth-in-Need-of-Care Guardianships.
(a) 
The parents have consented to suspension of parental rights and customary adoption and the child has been in the legal guardianship in a non-youth-in-need-of-care guardianship with the same person a minimum of three continuous years.
(4) 
For Indian Child Welfare Act (ICWA) Dependency Cases in Any State Court.
(a) 
The parent was given the requisite time period to reunify with the child and the child is placed with a relative or someone with a significant familial relationship and the State is unable to provide the placement with a monthly State stipend for guardianship assistance.
(5) 
Scope. This section of the code shall be liberally interpreted and construed as an exercise of the inherent sovereign authority of the Tulalip Tribes to embody and promote the basic traditional values of the Tulalip Tribes regarding the protection and care of the Tribes’ children.
(Res. 2015-101; Res. 2018-346; Res. 2020-554; Res. 2025-220)
Only beda?chelh may file a petition with the Court seeking an order suspending the parental rights of the biological parents.
For guardianship matters, any adult who has had legal guardianship of the child for more than three year(s) may request beda?chelh file a petition with the Court seeking an order suspending the parental rights of the biological parents. beda?chelh shall then staff the matter to determine whether a petition to suspend parental rights should be filed.
For ICWA matters, beda?chelh may file a petition with the Court seeking an order suspending the parental rights of the biological parents so long as the child’s State Court placement is a relative of the child or has a significant familial relationship with the child and the State cannot provide the placement with a monthly State stipend for guardianship assistance.
(Res. 2015-101; Res. 2018-346; Res. 2020-554; Res. 2025-220)
(1) 
The suspension of parental rights petition filed by beda?chelh shall include:
(a) 
The name, birth date, residence, and Tribal status of the child who is the subject of the petition;
(b) 
The name, birth date, place and duration of residence, and Tribal status of the prospective adoptive parent(s);
(c) 
The name, birth date, residence, and Tribal status of the parent(s);
(d) 
The relationship, if any, of the prospective adoptive parent(s) to the child;
(e) 
A description of all previous known court proceedings involving the child;
(f) 
A statement that no similar action is pending in a Tribal or State Court having jurisdiction over the child;
(g) 
A statement as to the basis for the request for the suspension of parental rights, supported by medical, psychiatric, or psychological reports, or family members or others that have knowledge relevant to this proceeding.
(2) 
Beda?chelh shall sign the petition and shall affirm under oath that the contents are true and correct except as to those matters based upon belief and as to those matters beda?chelh reasonably believes to be true.
(Res. 2015-101; Res. 2018-346; Res. 2020-554; Res. 2025-220)
At the time of filing, the Court shall schedule a hearing to be held within 45 to 60 days. If publication is necessary, such notice shall be consistent with TTC § 2.10.030. The Court shall cause written notice of such hearing to be served upon the parent(s) and beda?chelh.
(Res. 2015-101; Res. 2018-346; Res. 2020-554; Res. 2025-220)
A suspension of parental rights hearing is not a hearing in which a birth parent has the opportunity to request return home of the child or to change the permanent plan for the child.
(Res. 2015-101; Res. 2018-346; Res. 2020-554; Res. 2025-220)
If the Court determines by clear and convincing evidence that it is in the best interests of the child, it shall issue a final order for a suspension of parental rights. The final order shall make specific written findings of fact, state separately its conclusions of law, and enter an appropriate judgment or order. The Court shall make findings that it is in the child’s best interests that a final order for suspension of parental rights be entered and the Court shall specify the basis of those findings.
(1) 
Such an order for the suspension of parental rights shall include, but is not limited to, the following:
(a) 
A determination that the parent(s) received notice of the proceedings that advised them of their rights;
(b) 
For guardianship matters: Because the child has been in a guardianship with the same guardian for a minimum of three years prior to beda?chelh filing a petition to suspend the parental rights of the child’s biological parents, there is a rebuttable presumption that the suspension of parental rights is in the best interest of the child;
(c) 
A permanent suspension of the parental rights of the parent including the suspension of the right to the care, custody and control of the minor child and allowing the child to be customarily adopted.
(2) 
In addition, the order may contain provisions that include:
(a) 
An order that the biological parent(s) are restrained from contacting the minor child or the child’s adoptive parent(s), including contact in person, by mail, by telephone or through third parties. Or the order may allow for a contact agreement, agreed upon by the parties, to be ordered by the Court;
(b) 
Ordering that any prior court order for custody, visitation or contact with the minor child is thereby terminated, unless there is an existing order for siblings who are placed in a customary adoption or guardianship with different families or grandparents who have maintained an ongoing relationship with the child;
(c) 
The biological parents’ obligation to pay child support, except for arrearages, is terminated; or that a child support obligation continues until the age of majority, or continues or is modified according to an agreed schedule.
(3) 
Final orders for the suspension of parental rights may be reviewed by the Court at the request of the parent, beda?chelh or the prospective adoptive parent only if one of the following occurs:
(a) 
The child is not adopted after a period of one year after the entry of the final order suspending parental rights;
(b) 
The adoption of the child fails; or
(c) 
The adoptive parent is deceased.
Notice of this review shall be provided to all parties to the hearing at which the final order was issued.
(Res. 2015-101; Res. 2018-346; Res. 2020-554; Res. 2025-220)
A parent may voluntarily agree to suspend his or her parental rights if the consent has been signed by the parent(s) in front of a Tribal Court judge with the judge’s certificate that the terms and consequences of the consent were fully explained in detail and were fully understood by the parent.
(Res. 2015-101; Res. 2018-346; Res. 2020-554; Res. 2025-220)
(1) 
For guardianship matters, only beda?chelh, at beda?chelh’s discretion after staffing the matter, may file a petition with the Court seeking an order for customary adoption of the minor child, and only if the child has been in guardianship for more than three years.
(2) 
For Indian Child Welfare Act (ICWA) dependency cases in any State Court, only beda?chelh, at beda?chelh’s discretion after staffing the matter, may file a petition with the Court seeking an order for customary adoption of the minor child if the child is placed with a relative or someone with a significant familial relationship and the state is unable to provide the placement with a monthly stipend for guardianship assistance.
(3) 
The petition for customary adoption shall contain the following information:
(a) 
The name, address, telephone number and age of the child to be adopted;
(b) 
The name, address, and telephone number of the prospective adoptive parent(s) and their relationship, if any, to the child; if married, their spouse must also be at least 18 years old and shall agree to the petition, unless the spouse’s whereabouts are unknown or unless waived by the Court;
(c) 
The child’s birth name cannot be removed as part of these proceedings, but the adoptive family’s name may be added to the child’s legal surname;
(d) 
Attach a copy of the final order suspending the parental rights of the biological parent(s);
(e) 
A statement as to why a final order for customary adoption is in the best interests of the child and the best interests of the Tribes;
(f) 
A statement or evidence as to basis for the customary adoption;
(g) 
A statement that no similar action is pending in a Tribal or State Court having jurisdiction over the child.
(Res. 2015-101; Res. 2018-346; Res. 2020-554; Res. 2025-220)
The petitioner(s) shall arrange to have a preadoption report prepared by beda?chelh. The customary adoption report shall be in writing and contain the professional opinions of all persons consulted. beda?chelh shall conduct a complete home study including all information concerning:
(1) 
The physical and mental condition of the child, petitioner(s) and persons living in the petitioner’s home;
(2) 
The circumstances of the suspension of the parents’ rights to the child or of the parents’ death;
(3) 
The home environment, family life, access to health services, and resources of the petitioner(s);
(4) 
The child’s and petitioner’s cultural heritage and Tribal status;
(5) 
The marital status of the petitioner(s);
(6) 
The names and ages of the petitioner’s children and of any other persons residing with the petitioner(s);
(7) 
Information from health, education, and social service personnel who have had prior professional contacts with the child and petitioner(s);
(8) 
A check of the criminal records, if any, of the petitioner(s) shall be requested from State and Tribal law enforcement authorities;
(9) 
Any evidence of alcohol and drug abuse in petitioner’s household;
(10) 
The recommendation, if any, of the Tulalip Tribes regarding the customary adoption;
(11) 
The opinion of the child if he or she is over the age of nine, and whether he or she should be given an opportunity to provide this opinion in person to the Court in chambers; and
(12) 
Any other facts and circumstances relating to whether or not the adoption should be granted.
If beda?chelh has previously prepared a guardianship home study, they shall provide an update that includes the additional information above. In addition beda?chelh shall apply for adoption support if requested.
(Res. 2018-346; Res. 2015-101; Res. 2020-554)
Any party may file with the Court a report which shall include his or her recommendations regarding the customary adoption. The party shall provide copies of the report to all other parties prior to the hearing.
(Res. 2018-346; Res. 2015-101; Res. 2020-554)
(1) 
The hearing on customary adoption shall be ceremonial and shall be private and closed. Only beda?chelh, the petitioner(s), anyone there on behalf of the petitioner(s) and any family members invited by petitioner(s) or who have maintained an ongoing relationship with the child, including siblings, shall be permitted to attend.
(2) 
The burden of proving the allegations of the petition shall be upon the petitioner and the standard of proof shall be by a preponderance of evidence.
(Res. 2018-346; Res. 2015-101; Res. 2020-554)
The Court may enter a decree of customary adoption if it finds that:
(1) 
Customary adoption is in the best interest of the child and the Tribal community; and
(2) 
That the petitioner(s) can provide appropriate and adequate parental care for the child; and
(3) 
That the Tulalip Tribes does not oppose the customary adoption.
(Res. 2018-346; Res. 2015-101; Res. 2020-554)
Final orders of a customary adoption may be reviewed by the Court only if a substantial change of circumstance occurs, such as the adoptive parent is deceased without the appointment of a legal guardian and there are no provisions within a will providing for the care and custody of the child. Notice of this review shall be provided to all parties to the hearing at which the final order was issued.
(Res. 2018-346; Res. 2015-101; Res. 2020-554)
Orders suspending the parental rights and issuing a customary adoption are final orders for purposes of appeal.
(Res. 2018-346; Res. 2015-101; Res. 2020-554)
Purpose. The Tulalip Tribes has not traditionally supported termination of a parent’s rights. It is currently the custom of the Tribes to view involuntary termination of a parent’s rights as a last resort and a process to be used only when an adoption has been arranged in a step-parent adoption, or when one of the parents has committed a heinous act against another person. This chapter addresses both involuntary termination of a parent’s rights and termination of parental rights by consent of the parent in the course of an adoption.
(Res. 2018-346; Res. 2015-101; Res. 2020-554)
Any person at least 18 years old may file a petition to ask the Court to voluntarily terminate their parental rights. Only a representative of the Tulalip Tribes or a petitioner with the Tulalip Tribes’ approval may file a petition for involuntary termination of a parent’s rights.
(Res. 2018-346; Res. 2015-101; Res. 2020-554)
A petition for termination of a parent’s rights shall include:
(1) 
The name, birth date, residence, and Tribal status of the child who is the subject of the petition;
(2) 
The name, birth date, residence, and Tribal status, if known, of the child’s parent(s), guardian(s), or custodian(s);
(3) 
If the child is residing with someone other than a parent, the location and length of time at that location; and
(4) 
A statement by the petitioner of the facts and reasons supporting the request.
(Res. 2018-346; Res. 2015-101; Res. 2020-554)
Upon the filing of a petition, the Court shall schedule a hearing to be held within 45 to 60 days. If publication is necessary, such notice shall be consistent with TTC § 2.10.030. The petition and notice shall be served on the parents, the guardian, who is required to join in the petition, and beda?chelh so they can prepare a report, and any-one who may have an interest in the proceedings or be of assistance to the Court in adjudicating the petition.
(Res. 2018-346; Res. 2015-101; Res. 2020-554)
The petitioner shall arrange to have a pretermination report prepared by beda?chelh or by a beda?chelh approved agency who shall consult with all health, education, and social service personnel who have had prior professional contacts with the child and any criminal justice agencies who may have had contact with the parent(s); and with the petitioner(s) to determine whether termination of the parent’s rights would be in the best interest of the child. In addition, the report preparer shall investigate the biological parents’ family health history either through direct consultation with the parent or other family member to provide the adoptive family with health information. The report shall be in writing and contain the professional opinions of all persons consulted. The pretermination report for a parent who is asking the court to allow them to voluntarily terminate their parental rights shall include the requirements listed in TTC § 4.05.960, Consent.
(Res. 2018-346; Res. 2015-101; Res. 2020-554)
Any party may file with the Court a report which shall include his or her recommendations regarding the proceeding. The party shall provide copies of the report to all other parties prior to the hearing.
(Res. 2018-346; Res. 2015-101; Res. 2020-554)
The hearing shall be private and closed. Only those persons the Court finds to have a legitimate interest in the proceedings may attend. The Court shall consider all reports submitted for review. All parties shall be given the opportunity to testify and to contest the factual contents and conclusions of the pretermination report(s).
(Res. 2018-346; Res. 2015-101; Res. 2020-554)
The Court may order termination of a parent’s rights only when an appropriate adoptive home is available and adoption proceedings have been filed in conjunction with the termination proceedings. In addition, the Court must first approve the parent’s consent as provided in this chapter or in cases of involuntary termination the petitioner must prove by clear and convincing evidence each of the following:
(1) 
The parent:
(a) 
Subjected the child to aggravated circumstances including but not limited to abandonment, torture, chronic abuse, severe neglect or sexual abuse or exploitation;
(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 an heinous crime against another person; or
(e) 
Committed neglect of a child that resulted in serious bodily injury or death;
(2) 
That termination of the parent’s rights and adoption are in the best interest of the child and of the Tribal community;
(3) 
That the Tribes has offered or helped arrange for appropriate resources to help the parent care appropriately for the child; and
(4) 
That it is unlikely that the parent will be able to care appropriately for the child.
(Res. 2018-346; Res. 2015-101; Res. 2020-554)
Consent of a parent to terminate his or her rights to a child is not valid unless:
(1) 
The parent is at least 18 years old;
(2) 
The parent has received counseling from an appropriate professional who has explained the consequences of terminating his or her rights, has explored all available services to help the parent care for the child (such as parenting classes and substance abuse treatment), and has explored alternatives to termination and adoption, such as guardianship;
(3) 
The parent orally explains his or her understanding of the meaning of termination of parental rights to the judge and the judge certifies that the terms and consequences of the consent were fully explained and were fully understood by the parent; and
(4) 
The consent was given no sooner than 30 days after the birth of the child. This does not mean the child cannot be placed with the prospective adoptive parents or other caregiver during the 30-day period. Any consent may be withdrawn prior to the entry of a final decree of adoption and, if no other grounds exist for keeping the child from the parent, the child shall be returned to the parent.
(Res. 2018-346; Res. 2015-101; Res. 2020-554)
If a child is not enrolled but is eligible for membership in the Tulalip Tribes, beda?chelh shall assist in making an application for membership or enrollment of the child.
(Res. 2018-346; Res. 2015-101; Res. 2020-554)
If parental rights are terminated by the Court, the adoption shall proceed. If parental rights are not terminated, but sufficient grounds for finding the child is in need of care have been proved to the Court, the Court may make a disposition consistent with the youth-in-need-of-care provisions of this code.
(Res. 2018-346; Res. 2015-101; Res. 2020-554)
Who May File. Any person at least 18 years old may file a petition with the Court to adopt a child. If the petitioner is married, his or her spouse must also be at least 18 years old and must sign the petition, unless the spouse’s whereabouts is unknown or unless waived by the Court.
(Res. 2018-346; Res. 2015-101; Res. 2020-554)
The adoption petition shall include:
(1) 
The name, birth date, residence, and Tribal status of the child who is the subject of the petition;
(2) 
The name, birth date, place and duration of residence, and Tribal status of the petitioner(s);
(3) 
The name, birth date, residence, and Tribal status of the parent(s);
(4) 
The relationship, if any, of the petitioner(s) to the child;
(5) 
The names and addresses, if known, of all persons whose consent is required and proof of such consent;
(6) 
A description of all previous court proceedings involving the care or custody of the child to be adopted and the results of these proceedings along with copies of all court orders including orders terminating a parent’s rights to the child;
(7) 
The reasons the child is available for adoption and why the petitioner(s) desires to adopt the child; and
(8) 
Any request the petitioner(s) has for changing the child’s name.
(Res. 2018-346; Res. 2015-101; Res. 2020-554)
A child may be adopted only if he or she has no parents by reason of death or by voluntary (by consent) or involuntary termination of the parent-child relationship.
(Res. 2018-346; Res. 2015-101; Res. 2020-554)
When the Court receives the petition for adoption it shall set a hearing date, which shall not be more than 45 calendar days after the Court received the petition, unless continued for good cause shown. The Court may conduct an adoption hearing with the termination hearing.
(Res. 2018-346; Res. 2015-101; Res. 2020-554)
At the time of filing, the Court shall cause written notice of such hearing to be served upon the petitioner and beda?chelh. Such notice shall be consistent with TTC § 2.10.030.
(Res. 2018-346; Res. 2015-101; Res. 2020-554)
The petitioner(s) shall arrange to have a preadoption report prepared by beda?chelh or a beda?chelh approved provider. The adoption report shall be in writing and contain the professional opinions of all persons consulted. The home study shall include all information concerning:
(1) 
The physical and mental condition of the child, petitioner(s) and persons living in the petitioner’s home;
(2) 
The circumstances of the voluntary or involuntary termination of the parent’s rights to the child or of the parent’s death;
(3) 
The home environment, family life, access to health services, and resources of the petitioner(s);
(4) 
The child’s and petitioner’s cultural heritage and Tribal status;
(5) 
The marital status of the petitioner(s);
(6) 
The names and ages of the petitioner’s children and of any other persons residing with the petitioner(s);
(7) 
Information from health, education, and social service personnel who have had prior professional contacts with the child and petitioner(s);
(8) 
A check of the criminal records and CPS records, if any, of the petitioner(s);
(9) 
Any evidence of alcohol and drug abuse in petitioner’s household;
(10) 
The opinion of the child if he or she is over the age of nine, and whether he or she should be given an opportunity to provide this opinion in person to the Court in chambers;
(11) 
The recommendation, if any, of the Tulalip Tribes regarding the adoption; and
(12) 
Any other facts and circumstances relating to whether or not the adoption should be granted.
(Res. 2018-346; Res. 2015-101; Res. 2020-554)
Any party may file with the Court a report which shall include his or her recommendations regarding the adoption. In addition, the Court may order additional reports or appoint a GAL to prepare a report on the Court’s behalf. The party shall provide copies of the report to all other parties prior to the hearing.
(Res. 2018-346; Res. 2015-101; Res. 2020-554)
The hearing shall be private and closed. Only those persons the Court finds to have a legitimate interest in the proceedings may attend. The Court shall consider all adoption reports submitted for review. All parties shall be given the opportunity to testify.
(Res. 2018-346; Res. 2015-101; Res. 2020-554)
The Court may enter a decree of adoption if it finds that:
(1) 
Adoption is in the best interest of the child and the Tribal community; and
(2) 
That the petitioner(s) can provide appropriate and adequate parental care for the child; and
(3) 
That the Tulalip Tribes does not oppose the adoption.
(Res. 2018-346; Res. 2015-101; Res. 2020-554)
If the adoption petition is denied, the Court shall specifically state the reasons for the denial and shall designate who shall have custody of the child.
(Res. 2018-346; Res. 2015-101; Res. 2020-554)
If the Court grants the petition for adoption, the Court shall enter findings of fact and conclusions of law and a separate decree of adoption. The decree shall include:
(1) 
A statement that the child is available for adoption and any order the Court may make concerning recognition of the consents or orders terminating parental rights filed in the case;
(2) 
A statement that the child is, for all intents and purposes, the child, legal heir, and lawful issue of the petitioner(s);
(3) 
The marital status of the petitioner(s);
(4) 
The full name of the child upon adoption;
(5) 
That such adoption will remain temporary for one year from the date of entry of the decree, and shall become permanent at the expiration of the one-year period;
(6) 
Orders directing the Court Clerk to forward a certified copy of the decree to the appropriate Bureau of Vital Statistics for purposes of obtaining a corrected birth certificate when the adoption becomes permanent in one year; and
(7) 
A statement that the records of the proceeding shall remain sealed unless otherwise ordered by the Court.
(Res. 2018-346; Res. 2015-101; Res. 2020-554)
A decree of adoption has the following effect: it creates the relationship between the adopted child and the petitioner(s) and all relatives of the petitioner(s) that would have existed if the child were a legitimate blood descendant of the petitioner(s). This relationship shall be created for all purposes including inheritance and applicability of statutes, documents, and instruments, whether executed before or after entry of the adoption decree, that do not expressly exclude an adopted person by their terms. The decree does not override any Tribal enrollment laws or requirements.
(Res. 2018-346; Res. 2015-101; Res. 2020-554)
Adoptive parents shall be encouraged to help the child maintain positive relationships with the biological family. However, the adoptive parents shall have the exclusive right and power to decide the terms, if any, of visitation by any person with the child.
(Res. 2018-346; Res. 2015-101; Res. 2020-554)
All records, reports, proceedings, and orders in adoption cases are confidential and shall not be available for release or inspection except:
(1) 
The Bureau of Indian Affairs may have access to such information as is necessary to protect inheritance rights or enrollment status of the adopted child (and his or her descendants);
(2) 
A copy of the decree of adoption, but not the findings of fact and conclusions of law, may be given to a Bureau of Vital Statistics as provided in this chapter; and
(3) 
An adopted child may petition the Court, upon reaching 18 years of age, for release of specifically requested information, limited to: the biological parents’ names, addresses, Tribal status and Social Security numbers; and the names and relationship to the child of relatives for the purpose of medical need or medical history information or to assist in making a relative placement of a child of the adoptive child.
(Res. 2018-346; Res. 2015-101; Res. 2020-554)