The Legacy of Healing and Children’s Advocacy Center shall provide Tulalip Police Department with an after-hours contact number and/or person.
(Res. 2013-379; Res. 2021-002)
(1) 
Client records maintained by Legacy of Healing are confidential and shall not be subject to discovery in any judicial proceeding unless:
(a) 
A written pretrial motion is made to the Court stating that discovery is requested of the client’s domestic violence, family violence, sexual assault, stalking, or dating violence records, with notice to the agency and notice to the victim(s) affected by the disclosure of information;
(b) 
The written motion is accompanied by an affidavit or affidavits setting forth specifically the reasons why discovery is requested of the domestic violence, family violence, sexual assault, stalking, or dating violence program’s records;
(c) 
The Court reviews the domestic violence, family violence, sexual assault, stalking, or dating violence program’s records in camera to determine whether the domestic violence, family violence, sexual assault, stalking, or dating violence program’s records are relevant and whether the probative value of the records is outweighed by the victim’s privacy interest in the confidentiality of such records, taking into account the further trauma that may be inflicted upon the victim by the disclosure of the records; and
(d) 
The Court enters an order stating whether the records or any part of the records are discoverable and setting forth the basis for the Court’s findings; provided, that such a release does not violate the Violence Against Women Act codified at 18 U.S.C. 2265 and any subsequent act or amendment.
(2) 
For purposes of this section, “domestic violence program” means the Legacy of Healing program, or a program that provides a safe house, advocacy, or counseling services for victims of domestic violence or family violence, stalking or dating violence.
(3) 
For purposes of this section, “sexual assault program” means the Legacy of Healing program, or a program that provides safe house, advocacy, or counseling services for victims of sexual assault.
(4) 
Client records subject to the Health Insurance Portability and Accountability Act are excluded from this section.
(Res. 2013-379; Res. 2021-002)
Findings. To protect the health and safety of all adults and children inclusive of all genders and sexual orientation, parents, and families receiving services from the Legacy of Heating (LOH) and/or Children’s Advocacy Center (CAC) programs, it is the policy of the Tribes to provide a “safe zone” which is identified as the premises of Legacy of Healing and the Children’s Advocacy Center. LOH and/or CAC staff may contact the Office of Reservation Attorney (ORA) or Tulalip Police Department (TPD) to confirm whether or not an individual falls under one or more of the categories listed below and should be denied entry to the property. ORA and TPD may only inform the staff whether or not the individual is allowed and not the reasons why an individual may not be allowed on property.
(1) 
Staff will deny entrance to individuals in the following categories:
(a) 
Persons convicted of a domestic violence or family violence charge;
(b) 
Persons subject to an ongoing investigation of domestic violence, family violence, or sex offense or a pending criminal matter that involves a charge of domestic violence, family violence, or sex offense;
(c) 
Persons convicted of a sex offense no matter how the offense is styled or how long ago the event occurred;
(d) 
Persons who are registered sex offenders or who would be required to register under Tribal, Federal, or State law;
(e) 
Persons deemed not competent to stand trial for a sex offense criminal charge or domestic violence or family violence criminal charge but whom the CAC deems a threat to children or other persons;
(f) 
Persons who are subject to a protection order whether civil or criminal as a respondent or defendant;
(g) 
Persons who are convicted of a crime against children; or
(h) 
At the discretion of the LOH/CAC Director a person may be denied entry per confidential information held by LOH/CAC with regard to domestic violence, sexual assault, or child abuse committed by the individual.
(2) 
Any LOH or CAC staff member shall seek the immediate removal by the Tulalip Police Department of any person identified who refuses to leave the premises of LOH or CAC or who refuses to provide requested identification.
(Res. 2013-379; Res. 2021-002; Res. 2023-267)