The purpose of the Youth in Need of Services (YINS) Program is to provide parents or guardians a process in which they can request and receive assistance to ensure the safety and welfare of their child are being addressed.
Requesting Court intervention through a YINS should not be the first attempt by a parent or guardian to address their child’s needs. This process is not intended to punish the parent or guardian or the child, although consequences may be imposed if court orders are not followed by the parties. The YINS proceeding is a voluntary process and the parent(s) or guardian(s) may request dismissal at any time.
(Res. 2024-133)
The best interest of the child shall be the focus whenever making decisions in a youth in need of services proceeding. Best interest determinations are generally made by considering a number of factors related to the child’s unique circumstances and the parent or guardian’s circumstances and capacity to parent, with the child’s ultimate safety and well-being being the paramount concern. Whenever a “best interests” determination is required, the factors laid out under TTC § 4.05.040 shall be considered in the context of the child’s age and needs and recognition that every family and child is unique.
(Res. 2024-133)
(1) 
All Family Haven case files, all 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 the child, the petitioner(s), and the attorneys of record, for use in a YINS proceeding involving the child, subject to redactions;
(b) 
By Court personnel assigned to these proceedings;
(c) 
By an approved support person, at petitioner or youth’s request, if specifically provided for by court order;
(d) 
Family Haven may share case-related information for case planning purposes, but first the person receiving the information shall sign an agreement to not further disclose the information. Family Haven 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.
(2) 
Upon written request to the Court, the Court may authorize the release of Court records in youth-in-need-of-care matters or youth guardianship matters to the Family Haven case manager only for the sole purpose of assisting families at any stage of a youth in need of services proceeding, including pre-filing interventions. These records are for Family Haven only and shall not be provided to the parties or any other person or service provider. CPS referrals will not be included in the documents released to Family Haven under any circumstance, per TTC § 4.05.470.
(3) 
Hearings and proceedings under this chapter will be private and closed to the general public pursuant to TTC § 4.05.420(2).
(Res. 2024-133)
Family Haven, along with stakeholders, will develop and promulgate reasonable policies and standard operating procedures regarding the implementation of this chapter for approval by the Board of Directors. Policies will be reviewed yearly and made publicly available.
(Res. 2024-133)
(1) 
Only the custodial parent(s) or legal guardian(s) of the child may file a youth in need of services petition with the Tulalip Tribal Court.
(2) 
A youth is not eligible to be a YINS if a youth-in-need-of-care dependency petition has been filed.
(3) 
If a youth-in-need-of-care dependency petition is filed during an open youth in need of services proceeding, the YINS proceeding will be automatically dismissed.
(Res. 2024-133)
Prior to filing a petition, the parent(s) or guardian(s), the “petitioner(s),” must engage in alternative services or steps designed to address the youth’s behavior prior to Court intervention or be able to state why there is good cause to not have engaged in such alternatives or steps prior to Court intervention. Alternatives to Court intervention may include, but are not limited to, counseling, treatment, restrictions, curfew, or other out-of-court attempts to assist the youth and/or family.
Prior to filing a youth in need of services petition, the petitioner(s) must meet with Family Haven to review their concerns, and Family Haven will complete an intake to determine whether a youth in need of services petition is appropriate for the family. If Family Haven determines filing a youth in need of services petition is appropriate, the Family Haven case manager will assist the petitioner(s) in completing and filing the petition.
The Family Haven case manager is a mandatory reporter and may have to call in a report to the CPS hotline after meeting with the family.
(Res. 2024-133)
(1) 
The petition must set forth:
(a) 
The name, birth date, residence, and tribal affiliation of the child;
(b) 
The name, residence, and tribal affiliation of the child’s parent(s) or guardian(s);
(c) 
Why the child is a youth in need of services;
(d) 
How the petitioner(s) has the right to legal custody of the child;
(e) 
Why Court intervention and supervision are necessary to assist the parent(s) or guardian(s) to maintain the care, custody, and control of the child; and
(f) 
How they have complied with TTC § 4.05.1260 by listing what alternatives to Court intervention have been attempted or why such alternatives have not been attempted.
(2) 
The petitioner(s) must attach a copy of the child’s birth certificate and any letter of guardianship or parenting plan entered regarding the child to the petition.
(3) 
The petitioner(s) must attach to the petition any available documents that support the allegation that the youth is in need of services, such as but not limited to: school records, proof of drug or alcohol use, mental health assessments, medical records, and relevant police reports.
(Res. 2024-133)
(1) 
When a YINS petition is filed under this chapter, the Court will:
(a) 
Schedule an initial yehaw’ to be held:
(i) 
For a child who is not residing in the petitioner’s home, within five days of the YINS petition being filed unless there is good cause to extend the five days or the fifth day is a Saturday, Sunday, or holiday, in which case the hearing must be held on the next day;
(ii) 
For a child who is residing in petitioner’s home, within 10 days of the YINS petition being filed unless there is good cause to extend the 10 days or the tenth day is a Saturday, Sunday, or holiday, in which case the hearing must be held on the next day; or
(iii) 
If emergency circumstances exit, the Court may issue an ex parte emergency order regarding placement or engagement in services, prior to the initial yehaw’ date.
(b) 
Issue a notice of initial yehaw’ for YINS petition stating:
(i) 
What time and date the initial yehaw’ will be held;
(ii) 
Where the initial yehaw’ will be located;
(iii) 
Who must attend the initial yehaw’; and
(iv) 
What the parties’ rights are in a YINS proceeding.
(2) 
Unless the child is court-ordered to reside outside petitioner’s home, the child must reside in the home of the petitioner(s) or in a placement requested by the petitioner(s) or by the child and approved by the petitioner(s).
(Res. 2024-133)
(1) 
Prior to the initial yehaw’, the petitioner(s) must personally serve the YINS petition, and notice of initial yehaw’ for YINS petition on the Family Haven case manager.
(2) 
Prior to the initial yehaw’, the petitioner(s) must provide the youth with notice of the date, time, and location of the initial yehaw’ by any means most likely to provide actual notice to the youth. This may include, but is not limited to, personal service, social media, text message, or email.
(3) 
As soon as practicable, proof of service shall be filed with the Clerk of Court indicating the date, time, and place of service.
(Res. 2024-133)
(1) 
The Court must hold an informal initial yehaw’ with the petitioner(s), the child, and Family Haven to:
(a) 
Provide the youth with a copy of the YINS petition and notice of initial yehaw’;
(b) 
Determine if notice was proper.
(i) 
If the child is not present at the initial yehaw’, the Court will determine what efforts were made to notify the child of the initial yehaw’. If reasonable efforts were made, the Court may proceed with the initial yehaw’ in the child’s absence or may continue the initial yehaw’ to allow additional time to notify the child and may issue an order to return the child to the custody of the petitioner(s) or to bring the child to Court; and
(ii) 
Determine if it is appropriate and necessary to provide the noncustodial parent with notice of the proceedings;
(c) 
Advise the parties of their rights and the consequences of violating any court order; and
(d) 
Discuss the allegations in the YINS petition with the parties and determine if the child is a youth in need of services.
(2) 
If additional time is needed for an initial yehaw’, the Court may find good cause to continue the matter.
(3) 
The Court must grant the petition and enter an order finding the child to be a youth in need of services if the child meets the definition of a youth in need of services by a preponderance of the evidence.
(4) 
If the YINS petition is granted, the Court:
(a) 
Must enter an order requiring the child reside in the home of the petitioner(s) or in an out-of-home placement approved by petitioner(s);
(b) 
Must set a case planning yehaw’ within 20 days of the initial yehaw’;
(c) 
Must order the petitioner(s) meet with Family Haven within five days and make the child available to meet with Family Haven within five days to discuss services;
(d) 
Must order the petitioner(s) and youth to sign all necessary ROIs; and
(e) 
May order Family Haven to submit a case plan if such a plan would assist the Court in ordering a suitable disposition in the case. Family Haven must provide copies of the plan to the Court three days prior to the case planning yehaw’. The Court may grant Family Haven an extension for good cause.
(5) 
If the Court denies the YINS petition, the Court must issue a written order listing the reasons the petition was denied to the parties.
(Res. 2024-133)
If the Court grants the YINS petition, the Court must hold a case planning yehaw’ to develop a plan that will assist the family to resolve family conflicts or problems and ensure the child remains safe.
(1) 
At the case planning yehaw’ the Court:
(a) 
Will consider the recommendations of the parties, including the recommendations of any case plan submitted by the Family Haven case manager;
(b) 
Will issue a final case plan order that will assist the petitioner(s) in maintaining the care, custody, and control of the child and assist the family to resolve family conflicts or problems;
(c) 
May set conditions of supervision for the child that include:
(i) 
Participation in cultural events and programs such as summer camps and Summer Youth;
(ii) 
Regular school attendance;
(iii) 
Attend medical assessments and/or treatment;
(iv) 
Screening and/or assessment for mental illness, developmental disability, behavioral disorder, or substance abuse disorder;
(v) 
Attend individual and/or family counseling;
(vi) 
Participation in a substance abuse or mental health outpatient treatment program;
(vii) 
Reporting on a regular basis to the department or any other designated person or agency;
(viii) 
Engagement with family preservation services or other services offered by Family Haven;
(ix) 
Employment;
(x) 
Curfew and/or monitoring electronics;
(xi) 
Urinalysis testing and/or refraining from using alcohol or drugs;
(xii) 
Participation in an anger management program;
(xiii) 
Psychological, biopsychosocial, sexual behavior, or neuropsychological evaluations; or
(xiv) 
Any other condition the Court deems an appropriate condition of supervision.
(d) 
May order the petitioner(s) to participate in counseling services or any other services for the child requiring petitioner’s participation;
(e) 
May order the Family Haven case manager to monitor compliance with the final case plan, assist in coordinating the provision of courtordered services, and submit reports at subsequent review hearings regarding the status of the case.
(2) 
The petitioner(s) will cooperate with the final case plan and will take necessary steps to help implement the final case plan.
(3) 
The petitioner(s) will be financially responsible for costs related to the case plan; however, this requirement will not affect the eligibility of the petitioner(s) or child for public assistance or other benefits to which the petitioner(s) or child may otherwise be entitled.
(4) 
The petitioner(s) may request dismissal of a youth in need of services proceeding or out-of-home placement at any time. Upon such a request, the Court must inform the parties of the Court’s obligation as a mandatory reporter and dismiss the matter and cease Court supervision of the child unless a failure to comply action is pending in the case. The Court may retain jurisdiction over the matter for the purpose of concluding any pending failure to comply proceedings, including the full satisfaction of any penalties imposed as a result of a contempt finding.
(5) 
No final case plan or condition of supervision ordered by a court pursuant to this section will include involuntary placement of a child in a secure residential treatment center for substance abuse or mental health treatment unless a specialized treatment hearing is held pursuant to TTC § 4.05.1330.
(Res. 2024-133)
(1) 
Upon entering a final case plan regarding a youth in need of services, the Court will schedule the matter on the calendar for review every 30 to 90 days, advise the parties of the date thereof, advise the parties of the right to be represented by legal counsel at the review hearing at their own expense, and notify the parties of their rights to present evidence and call witnesses at the hearing.
(2) 
At the review hearing, the Court will approve or disapprove the continuation of Court supervision in accordance with the goal of assisting the petitioner(s) to maintain the care, custody, and control of the child. The Court will determine whether the petitioner(s) and child are complying with the final case plan. If Court supervision is continued, the Court may modify the final case plan.
(3) 
Court supervision of the child may not be continued past 180 days from the day of the case plan yehaw’ unless the Court finds, and the petitioner( s) agrees, that there are compelling reasons for an extension of supervision. Any extension granted pursuant to this subsection will not exceed 90 days.
(4) 
The Court may dismiss a youth in need of services proceeding at any time if the Court finds good cause to believe that continuation of Court supervision would serve no useful purpose or that the petitioner(s) is not cooperating with the courtordered case plan.
(5) 
The Court will dismiss a youth in need of services proceeding if the child is the subject of a dependency proceeding.
(Res. 2024-133)
The Court may hold a specialized treatment hearing during or after the case planning yehaw’ to determine by a preponderance of the evidence that the child requires specialized treatment.
(1) 
The Court will appoint an attorney for the child prior to any specialized treatment hearing.
(2) 
At hearing, the Court may authorize the petitioner(s) to place the child in a secure residential treatment facility if the Court finds, based on the testimony of the parties and a report from Family Haven that includes supporting documents from professionals, that:
(a) 
The child is suffering from substance abuse or a mental illness and, as a result, is likely to cause serious harm to the child or to another person;
(b) 
There is no reasonably available, appropriate, and less restrictive alternative for the child’s treatment or that less restrictive alternatives have been tried and have failed; and
(c) 
There is reason to believe that the child’s condition could be improved by the course of treatment or would deteriorate if untreated.
(3) 
The Court will review a placement made under this section at least every 90 days, with the first review hearing conducted not more than 30 days after the date of the placement. At each review hearing the Court will review the progress of the child and determine whether the orders are still necessary for the protection of the child or a less restrictive placement would be adequate. The Court will modify its orders as it finds necessary to protect the child.
(4) 
A child will not be confined in an institution established for the care and rehabilitation of “juvenile offenders” unless the child is also adjudicated to be a “juvenile offender.” Under no circumstances will a child adjudicated to be at risk be committed or transferred to a penal institution or other facility use for the execution of sentences of persons convicted of crimes.
(5) 
Tulalip Tribal funds will be used to pay for placements under this section as the payor of last resort only if Tribal funds are available and other funds are not available.
(6) 
If the Court has reason to believe that a child has willfully and knowingly violated a court order issued pursuant to this section, the Court may issue an order directing law enforcement to take the child into custody and place the child in a crisis residential center.
(7) 
If the child is placed in a specialized treatment facility, then before the YINS matter may be closed, the petitioner(s) must obtain and submit a transition plan from the treatment facility to the Court that outlines what steps will be taken for the child to return to their home.
(Res. 2024-133)
(1) 
In all youth in need of services proceedings, the Court must verbally notify the parties of the possibility of a finding of failure to comply with the terms of a court order and the possible negative consequences thereof. Except as otherwise provided in this section, the Court will treat the petitioner(s) and child equally for the purposes of applying negative consequences.
(2) 
For youth in need of services proceedings only:
(a) 
If the child fails to comply with the court order, the Court may impose:
(i) 
Community service;
(ii) 
Nonresidential programs with intensive wraparound services;
(iii) 
Issuance of a run report with the police; or
(iv) 
Other services and interventions that the Court deems appropriate.
(b) 
If the petitioner(s) fails to comply with the court order, the Court may:
(i) 
Impose a remedial action;
(ii) 
Make a referral to the CPS intake hotline; and/or
(iii) 
Impose any other appropriate action imposed by the Court.
(3) 
A motion for failure to comply with a court order may be made by a petitioner(s), a child, Family Haven, Court personnel, or by any agency, organization, or person having physical custody of the child under a court order adopted pursuant to this chapter.
(4) 
For youth in need of services proceedings only, whenever the Court finds probable cause to believe, based upon consideration of a motion for contempt and the information set forth in a supporting declaration, that a child has violated a placement order entered under this chapter, the Court may require the parties to call in a run report with the police so that the child may be picked up and brought back to the petitioner(s).
(5) 
Nothing in this section shall be construed to limit the Court’s inherent contempt power or curtail its exercise.
(Res. 2024-133)