Enacted September 12, 2010;

Ordinance No. 4.01

Enacted September 12, 2010;

Amended by Resolution No. 09-03-2024-02.

Hoh Tribal Code Title 4

Family Relations

Chapter 4.01 Youth Code

FINDINGS

The Hoh Indian Tribe recognizes that there is no resource that is more vital to the continued

existence and integrity of the Hoh (and others) Indian Tribe than our children and that we have a

direct interest in protecting our Indian children who are members of, eligible for membership, or

descendants of the Hoh Indian Tribe; and

The Hoh Indian Tribe further recognizes that an alarmingly high percentage of Hoh families are

broken up by the removal, often unwarranted, of our children from their families by public and

private agencies and that an alarmingly high percentage of such children are placed in non-Indian

foster and adoptive homes and institutions; and

The Hoh Indian Tribe recognizes that the States, asserting their jurisdiction over proceedings

involving Indian children through judicial and administrative bodies, have often failed to

recognize the essential tribal relations of Indian people and the cultural and social standards

prevailing in Indian communities and families; therefore

The Hoh Indian Tribe adopts the following Hoh Youth Code ("Code") to protect, to the fullest

extent of the law, our children, and where appropriate, to preserve the Indian family. All

decisions made under this Code shall be made with the foregoing in mind.

GENERAL PROVISIONS AND DEFINITIONS

§4.01.010 Purpose and Construction.

(1)

Purpose. This code shall be interpreted and understood to accomplish the following tribal

objectives:

(a)

To provide for the care and protection of the young Indian people of the Hoh Tribe;

(b)

To ensure that the young Indian people of the Hoh Tribe receive assistance and

guidance in their own homes, whenever possible, separating the youth from his or

her parent only when necessary for his or her welfare;

(c)

To encourage, guide, assist, and compel, if necessary, the parent(s), guardian(s) or

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custodians of a Hoh youth to provide a safe and nurturing environment for the

youth;

(d)

To ensure that Hoh youth reside in an adequate physical and emotional

environment that will protect and promote the health, safety, and development of

all Hoh children;

(e)

To protect and preserve the identity and pride of the young Indian people of the

Hoh Tribe as Native Americans;

(f)

To provide a simple procedure for addressing and resolving conflicts involving

Indian youth that is reflective of tribal traditions as well as the prevailing

community standards, and which affords all affected persons a fair and impartial

hearing, consistent with individual rights;

(g)

To provide child welfare services in accordance with laws, traditions and cultural

values of the Tribe to Hoh youth and families;

(h)

To make every effort to prevent the unwarranted break-up of Indian families or to

assist in strengthening families in order to provide for safe and healthy

reunification;

(i)

To ensure that off-reservation courts will be willing and able to return young people

of the Tribe to the tribal community for care and guidance;

(j)

To ensure that the sovereignty of the Hoh Indian Tribe is recognized in all matters

affecting the welfare of the young people of the Hoh Tribe.

(2)

Construction. This code is exempted from the rule of strict construction. It shall be read

and understood in a manner that gives full effect to the purposes for which it is enacted.

(3)

Applicable Law. Whenever there is uncertainty or a question as to the interpretation of

certain provisions of this code, tribal law shall be controlling. If no Tribal law exists, the

Court may look to the laws of other Tribes, the Federal government and/or the State of

Washington for guidance.

(4)

Crimes Committed by Juveniles. Criminal offenses committed by any Indian youth shall

be disposed of as provided by the Hoh Tribe law and order code.

§ 4.01.020 Jurisdiction

(1)

Exclusive Jurisdiction. The Court shall have exclusive original jurisdiction over any

proceeding concerning a youth alleged to be in need of care, termination of parental rights,

adoption, or guardianship which involves:

(a)

Any Indian youth who resides or is domiciled on the Hoh Reservation;

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(b)

Any youth who is a member or is eligible for membership in the Hoh Tribe

regardless of the youth's residence or domicile; or

(c)

Any Indian youth who has been placed in temporary care on the reservation or in

any care facility licensed by the Tribe for placement of Indian youth; or

(d)

Any other youth over which the Tribe may exercise jurisdiction in accordance with

applicable laws.

(2)

Jurisdiction over Adults. The Court shall have jurisdiction over adults in aid of its powers

under this code, and may make such orders as are necessary for the welfare of a youth.

(3)

Concurrent Jurisdiction. When state, federal or other tribal courts have jurisdiction over

any of the matters provided for in this code, the Court has concurrent jurisdiction over the

same matters, to an extent consistent with federal law.

(4)

Jurisdiction-Limitations. The limitations on jurisdiction in this section are not intended to

reflect the Tribe's view as to the legally permissible limits of jurisdiction, but are merely

designed to define tribal activity in this area in accordance with tribal priorities and

resources.

(5)

Jurisdictional Agreements. The Tribe may enter into such intertribal and tribal-state

agreements regarding jurisdiction over youth custody matters as it deems appropriate and

necessary to protect the best interest of Hoh youth.

§ 4.01.030 Transfers of Jurisdiction and Intervention

(1)

Notice to Other Tribes of Pendency of Action. When the Court or the Indian Child Welfare

case manager has reason to believe a youth, who is a party to an action under this code,

may be enrolled or may be a member or eligible for enrollment or membership in another

tribe, the Indian Child Welfare case manager shall notify the other Tribe of the dependency

of the action.

(2)

Transfer of Jurisdiction to Hoh Court. The Court may accept or decline any transfer of

jurisdiction over a youth by ex parte motion, but shall allow aggrieved parties a hearing on

their objections, if any.

(3)

ICW Investigation and Recommendation. The Indian Child Welfare supervisor and the

Indian Child Welfare case managers shall meet, investigate, and make recommendations

to the Hoh Tribal Business Committee on whether to accept or request a transfer of

jurisdiction, or to intervene in another court's proceeding in the following cases:

(a)

When the tribe has received notice or has reason to believe that an action involving

a Hoh youth is pending in another court; or

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(b)

(4)

When the tribe has received a request from another jurisdiction to transfer a case

from Hoh Youth Court to the other jurisdiction.

Guidelines for Transfers of Cases Involving Youths with Multi-tribal Affiliations. In

deciding whether to transfer to or accept transfer from another jurisdiction, in cases

involving a youth who may be enrolled or eligible for enrollment in another Tribe, the Case

managers and Director of the ICW department and the Tribal Business Committee shall be

guided by the following considerations:

(a)

The youth's length of residence on or near a Tribe's territorial jurisdiction;

(b)

The frequency of contacts the youth has had with a particular Tribe;

(c)

The youth's participation in Tribal activities;

(d)

Previous adjudications by the other Tribe's court, if any, with respect to the youth;

(e)

Residence on a particular reservation by the youth's parent or extended family

member with whom the youth has resided for a substantial period of time;

(f)

The wishes of the parent(s) and of the youth if he or she is over the age of twelve

(12);

(g)

Tribal membership of the youth's parent, guardian, or other custodian;

(h)

Interest asserted by the Tribe in response to notice given by the Hoh Tribe;

(i)

Tribal programs and resources available to meet the youth's needs and problems;

and

(j)

Any other factors the Case managers and Director of the ICW department deem

relevant.

(5)

Tribal Business Committee Action. The Hoh Tribal Business Committee shall decide

whether to accept, reject or modify the recommendation of the ICW department.

(6)

Requests for Transfer or Intervention. If the Tribal Business Committee decides that the

Tribe should intervene in another court's action or should request that jurisdiction be

transferred to the Hoh Youth Court, the Tribal Business Committee shall pass a Resolution

requesting the presenting officer to file the appropriate petition. Upon receipt of transfer

from another jurisdiction, the presenting officer shall file the appropriate action in the Hoh

Youth Court.

(7)

Transfer to another Jurisdiction. If the Tribal Business Committee decides that the Tribe

should transfer the case to another jurisdiction, the Tribal Business Committee shall pass

a Resolution requesting the presenting officer to file a motion in the Youth Court for an

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order transferring jurisdiction.

§ 4.01.040 Definitions

As used in this title:

(1)

"Abandon" means when a parent or custodian leaves a youth without providing for

reasonable care and supervision for a period exceeding two days for children 12 and older,

one day for children under 12.

(2)

"Adult" means any person subject to the jurisdiction of the Hoh Tribe who is either

eighteen (18) years of age or older, married or otherwise emancipated.

(3)

"Court" or "Youth Court" means the Hoh Tribal Court when exercising jurisdiction under

this code.

(4)

"Custodian" means a person, other than a parent or guardian, who has been given

temporary physical care, custody and control of a youth, including the duty to provide

food, clothing, shelter, medical care, education, and supervision to the youth.

(5)

"Day" means that whenever a rule, Tribal law or an order of the Court requires that an

action be taken within a certain number of days, the day of the event from which the time

limit runs shall not be counted; but the last day shall be counted unless it is a Saturday,

Sunday or Tribal holiday. When the last day is a Saturday, Sunday, or the Tribal offices

are closed for a Tribal holiday or due of inclement weather or other unforeseen reason, the

deadline shall be the first workday following the day that is not counted. Where the time

limit is less than seven (7) days, Saturday, Sunday, and Tribal holidays shall not be

counted.

(6)

"Delinquent act" means an act committed by a youth, which if committed by an adult

would be designated a crime or for which a penalty is provided under tribal law.

(7)

"Domicile/Residence" The determination of domicile and residence shall be in accordance

with tribal law and custom. In the absence of other factors clearly demonstrating intent to

establish a permanent home off the reservation, a youth's domicile/residence shall be

deemed to be within the reservation.

(8)

"Extended Family" This term shall be defined by the law or custom of the Indian youth's

tribe, or in the absence of such law or custom, shall be a person who has reached the age

of eighteen (18) and who is the youth' s grandparent, a un t or uncle, brother or sister,

brother-in- law or sister­ in-la w, niece or nephew, first or second cousin, step-brother or

step-sister, or stepparent.

(9)

"Failing to thrive" is a descriptive term, not a specific diagnosis. Slow growth and

development of a baby, characterized by failure to gain weight, delayed development,

unwillingness to interact, and gastrointestinal problems. Failure to thrive is almost always

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the result of inadequate nutrition, whether because of neglect or illness. (Source:

www.babycenter.com/glossary/F ).

(10)

"Family Group Conference" An Indian Child Welfare Case Manager may host a family

meeting when a decision needs to be made about where a child should live. The Indian

Child Welfare Case Manager may provide a forum for certain interested and qualified

individuals (e.g. family members and service providers) to share ideas on how best to keep

the child safe and support the family.

(11)

"Guardian" means a person other than the youth's parent who is bylaw responsible for that

youth.

(12)

"Guardian ad /item" means an adult appointed by the Cow1 to represent the best interests

of a youth in any proceeding to which he or she may be a party.

(13)

"Indian tribe" means any Indian tribe, band, nation, or other organizational group, or

community of Indians traditionally recognized as an Indian tribe by the Tribal Business

Committee or recognized as eligible for services provided to Indians by the Secretary of

the Interior because of their status as Indians, including any Alaska Native village as

defined in Section 3(c) of the Alaska Native Claims Settlement Act as amended.

(14)

"Indian youth" means a youth who is under the age of eighteen (18) years and who is either

enrolled in or a member of an Indian tribe or both eligible for enrollment or membership

in an Indian tribe and a biological child of an enrolled Indian, or a descendent of an enrolled

Hoh Indian to the second degree (i. e. grandchild of an enrolled Hoh Indian).

(15)

"Parent" means and includes a biological or adoptive parent but does not include persons

whose parental rights have been terminated, nor does it include an unwed father whose

paternity has not been acknowledged or established.

(16)

"Probable cause/reason to believe" means facts which support a reasonable belief of the

existence of a particular conclusion.

(17)

"Qualified elder, historian or other tribal representative" means an individual who, because

of his or her knowledge and experience, has been recognized by the Hoh Tribal Business

Committee as qualified to testify as to the traditions and customs of the Hoh Tribe.

(18)

"Reservation" means "Indian Country" as defined in Section 1151 of Title 18 U.S.C., and

any lands not covered under such section, title to which is either held by the United States

in trust for the benefit of any Indian tribe or individual, subject to a restriction by the United

States against alienation.

(19)

"Shelter care" means an emergency or temporary placement for youths in need of care.

(20)

"Tribal status" means the tribe or tribes, if any, in which a youth is eligible to be enrolled

or to be a member or is enrolled or is a member, or a descendant of an enrolled member.

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(21)

"Youth (minor)" means:

(a)

A person under the age of eighteen (18) years.

(b)

A person eighteen (18) years of age or older concerning whom proceedings are

commenced in Youth Court prior to his or her eighteenth birthday.

(c)

Any person eighteen (18) years of age through twenty (20) years of age under the

continuing jurisdiction of the Youth Court.

§ 4.01.050 Mandatory Reporting

(1)

All persons who have reason to believe that a youth is in need of care shall report the abuse

or neglect to Tribal Law Enforcement Officer, Washington State Child Protective Services

("CPS") and Hoh ICW. Persons reporting may remain anonymous except for those listed

in subsection (2), below.

(2)

The following persons are required to report that a youth is in need of care and are subject

to penalties for failure to report:

(a)

Nurse, physician, dentist, and all other medical/clinical personnel;

(b)

School principal, teacher, teacher's aide/assistant, and all other school personnel;

(c)

Child care staff (including foster parents and guardians);

(d)

Mental Health professionals and staff;

(e)

Social Services and ICW professionals and staff;

(f)

Law enforcement officers and staff;

(g)

Employees of the Tribe who have contact with youth;

(h)

Tribal Business Committee members; and

(i)

Court personnel.

(3)

With the exception of the alleged perpetrator, all persons or agencies reporting, in good

faith, known or suspected instances of abuse or neglect shall be immune from civil liability

and criminal prosecution.

(4)

Those persons listed in subsection B, above, who knowingly fail to report, knowingly

falsely make a report, or willfully prevent someone else from making a report shall be

subject to a civil fine of up to five hundred dollars ($500.00) and up to one hundred hours

(100) of community service for the benefit of the Hoh Tribe. Anyone who knowingly

makes a false report may be subject to additional criminal penalties.

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§ 4.01.060 The Court

(1)

Establishment. There is established for the Hoh Tribe a division of the Hoh Tribal Court

to be known as the Hoh Youth Court.

(2)

Judges. The Hoh Youth Court shall consist of one or more judges as appointed by the

Tribal Business Committee.

(3)

Qualifications. The Youth Court judges' qualifications shall be the same as the

qualifications for judges who sit on the Hoh Tribal Court.

(4)

Powers and Duties of Youth Court Judge. In carrying out duties and powers under this

code, judges of the Youth Court shall have the same powers and duties as judges of the

Hoh Tribal Court.

(5)

Authority of Court.

(6)

(a)

The Court is authorized to cooperate fully with any federal, state, tribal, public or

private agency to participate in any diversion, rehabilitation or training programs

and to receive grants-in-aid to carry out the purposes of this code.

(b)

The Court may utilize such social services as may be furnished by any tribal,

federal, state, or private agency.

Court Clerk. The Court Clerk is responsible for receiving and filing documents submitted

by parties and/or departments. The Court Clerk will send legal documents to all parties

within five days of receipt, unless the Tribal offices are closed.

§ 4.01.070 Indian Child Welfare Department

(1)

Indian Child Welfare Department-Defined. "Indian Child Welfare Department" means

those persons employed or appointed by the Hoh Tribe who are trained to deliver family

social work services.

(2)

Qualifications of Director. The Director of the ICW Department shall have a Masters

Degree in Social Work or other relevant post-graduate degree, or a Bachelor's Degree in a

relevant field and the equivalent work experience combined with supervisory experience

necessary to supervise a staff of ICW case manager(s).

(3)

Duties. The Director of the ICW department shall assist the Indian Child Welfare case

manager(s) to:

(a)

Request intervention in Indian Child Welfare cases in state or other Tribal courts

under § 4.01.030, with the assistance of the presenting officer;

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(b)

Request transfer of Indian Child Welfare cases from state or other Tribal court to

the Youth Court under § 4.01.030, with the assistance of the presenting officer;

(c)

Make recommendations which may be included in the Indian Child Welfare case

manager's pre-dispositional and pre-termination of parental rights reports under this

code;

(d)

Recommend to the Tribal Business Committee any changes that should be made in

the youth code;

(e)

Make recommendations to the Tribal Business Committee and to the Washington

Department of Social and Health Services governing the licensing and operation of

shelter care, foster care and other youth placement facilities.

§ 4.01.080 Indian Child Welfare Case Manager

(1)

Appointment. The Tribal Business Committee shall appoint/hire an Indian Child Welfare

case manager(s) to carry out the duties and responsibilities set forth in this code.

(2)

Qualifications. The Indian Child Welfare case manager(s) shall have an educational

background and/or prior experience in the field of delivering social services to Indian youth

as per Tribal policy and procedures, which shall, at a minimum, be consistent with

applicable federal or state law.

(3)

Resource Development. The Indian Child Welfare case manager(s) shall identify and

develop within the tribal community resources designed to enhance each tribal youth's

potential as a responsible member of the tribal community.

(4)

Duties Not Performed. The Indian Child Welfare case manager(s) shall not be employed

as, nor perform the duties of, prosecutor, presenting officer, or law enforcement official.

(5)

Duties. The Indian Child Welfare case manager(s) shall:

(a)

Assist with and/or make investigations as provided in this code or as directed by

the Court;

(b)

Make reports as provided in this code or as directed by the Court;

(c)

Place a youth in shelter care as provided in this code; and

(d)

Perform such duties in connection with care, custody, or transportation of youth as

the Court requires.

§ 4.01.090 Presenting Officer

(1)

Appointment. The Tribal Business Committee shall appoint/hire a presenting officer to

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carry out the duties and responsibilities set forth in this code.

(2)

Qualifications. The presenting officer's qualifications shall be the same as the

qualifications for the individual who serves as prosecutor for the Tribal Court.

(3)

Duties. The presenting officer shall:

(a)

File petitions with the Court as provided in this code;

(b)

Represent the Tribe in all proceedings under this code;

(c)

Represent the Tribe in state and/or other Tribal court proceedings regarding youth

who may be subject to the jurisdiction of the Hoh Tribe; and

(d)

Perform such other duties as the Court or this code may require.

§ 4.01.100 Guardian Ad Litem

(1)

Appointment. The Court, under any proceedings authorized by this code, shall appoint for

the purpose of that proceeding, a guardian ad litem for a youth where it finds that the youth

does not have a natural or adoptive parent, guardian, or custodian willing and able to

exercise sound judgment as to the best interests of the youth, or upon the request of the

Indian Child Welfare case manager.

(2)

Qualifications. The guardian ad litem must be familiar with the legal rights of youth and

the provisions of this code.

(3)

Duties. A guardian ad litem shall:

(a)

Represent the youth's best interest in any proceeding as required by the Court; and

(b)

Make recommendations to the Court on disposition.

§ 4.01.110 Confidentiality

(1)

Hearings and Conferences. All hearings and conferences under this code shall be closed to

the public. Only the Youth Court judge, the presenting officer, the Indian Child Welfare

case manager, the tribal law enforcement officers, and the parties to the action shall be

permitted at the hearings and conferences; provided, that the parties may agree to allow

the presence of other persons. Any person asked to testify or speak shall be permitted at

the hearings and conferences but only for the limited purpose of giving testimony or

presenting evidence.

(2)

Records. All conference, hearing, and law enforcement records and files under this code

shall be confidential and shall not be open to inspection to any but the following, except

as may be ordered by the Court in the youth's best interest:

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(a)

The youth and his or her legal representative.

(b)

The parent, guardian, custodian, and legal representative.

(c)

The Indian Child Welfare case manager.

(d)

The presenting officer.

All records and files under this code concerning a youth shall be kept separate from the records

and files of adults.

(3)

Employees, Officers, or Directors of the Tribe. There shall be no disclosure of information

learned about any current or pending matter under this Code by any person employed by

the Tribe or elected to any office of the Tribe, except as specifically authorized by the

Court. This section does not apply to mandatory disclosure of suspected abuse or neglect.

§ 4.01.120 Service

Except as otherwise expressly provided in this code, every pleading, motion, notice and similar

paper which is required or permitted to be served upon a person shall be given in the following

manner:

(1)

By personally delivering a copy to the person, by handing it to his or her counsel, or to the

person himself or herself; or by leaving it at his or her office with his or her secretary or

other person; or if the person to be served has no office, leaving it at his or her dwelling

place or usual place of residence with some person of suitable age and discretion then

residing therein; or

(2)

If personal service cannot be made, then by certified mail, return receipt requested, postage

prepaid, and properly addressed to the last known residence of the person to be served and

by regular United States mail, postage prepaid, to the last known address of the person to

be served.

(3)

Personal service of all documents on behalf of the Tribe shall be made by a Law

Enforcement Officer.

(4)

Service by Publication: If service cannot be accomplished by any method above, service

may be achieved by publication. Service by publication shall require a posting at all Tribal

buildings of the individual needing to be served and the initials of the case name (e.g. "In

re the Welfare of E.G. and S.G., minor Indian children). Publication in a newspaper of

general circulation (i.e. Forks Forum, Peninsula Daily News) must also be done once per

week for at least two weeks prior to the scheduled hearing date.

§ 4.01.130 Continuances

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(1)

(2)

When to Order. Except as otherwise expressly provided, the Court may continue any

proceeding:

(a)

Upon the motion of a party if there is a finding that good reason exists for the

continuance, including time to ensure proper notice or to produce material evidence

or witnesses currently unavailable; or

(b)

Upon the Court's own motion if it considers it to be in the best interest of the youth.

Effect. A continuance suspends the time limits for the holding of hearings and the filing of

documents.

§ 4.01.140 Contempt

(1)

Definition. Any willful disobedience or interference with any lawful order or process of

the Court shall constitute contempt, including but not limited to the unauthorized

disclosure of any confidential information subject to this Code.

(2)

Punishment. The Court may punish any person for contempt in accordance with the Law

and Order Code.

(3)

Bench Warrant. A Youth Court judge or judicial officer may issue a warrant for a person's

arrest for contempt upon failure to appear at any ordered conference or hearing either in

person or by legal representative.

§ 4.01.150 Rights of Parties.

(1)

(2)

Rights. All parties are entitled to the following rights in all proceedings under this code:

(a)

A statement by the Court to the youth and his or her parent, guardian or custodian

that they have the right to have a legal representative advise and represent them, at

their own expense. A party may request a continuance of a proceeding in order to

seek legal representation.

(b)

The opportunity to subpoena witnesses.

(c)

The opportunity to introduce, examine and cross-examine witnesses.

(d)

The opportunity to discover, offer and inspect evidence.

(e)

The opportunity to present arguments and statements.

Jury Trial. There is no right to trial by jury during any proceeding under this code.

§ 4.01.160 Appeal

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(1)

Record. For purposes of appeal, a record of the proceedings shall be made available to the

youth, his or her parent, guardian or custodian within five (5) working days. Costs of

obtaining this record shall be paid by the party seeking appeal unless waived by the Court.

If the party seeking appeal desires a transcript of the proceeding, the cost must be paid in

advance and the length of time will exceed five (5) days. This is not grounds for an

automatic judgment in favor of the appealing party, as it is outside of the control of the

Court.

(2)

Time Limit. Any party to a proceeding under this code may appeal a final order or

disposition of the case by filing a written notice of appeal with the Court within thirty

(30) days of the final order or disposition.

(3)

Conduct of Proceeding. All appeals shall be conducted in accordance with the Hoh court

procedures ordinance, except as modified in this chapter.

§ 4.01.170 Full Faith and Credit

The Court shall give full faith and credit to state and other tribes' court orders if the court granting

the order had jurisdiction over the case and the order does not violate the law or public policy of

the Hoh Tribe.

§ 4.01.180 Amendments and Severability

(1)

Amendments. Amendments to this code will be effective upon enactment by the Hoh

Tribal Business Committee without further review by the Superintendent of the Bureau of

Indian Affairs.

(2)

Severability. Should any word, section, clause, paragraph, sentence, or provision of this

code be declared invalid by a court of competent jurisdiction, such decision shall not affect

the validity of any other part of this code which can be given effect without the invalid part

or parts.

YOUTH IN NEED OF CARE ACTIONS

§ 4.01.190 Starting a Youth in Need of Care Action

When there is a question of whether a youth is in need of care, the presumption shall be in

favor of providing protection for the child.

(1)

A "youth in need of care" is one who:

(a)

Has been neglected. This term includes but is not limited to:

(i)

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A child who is not receiving the food, clothing, shelter, medical care, dental

care, education, or supervision needed for his or her well-being or

development;

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(ii)

An infant who is failing to thrive mentally, emotionally or physically;

(iii)

A child who is not dressed adequately for weather conditions;

(iv)

A child who is habitually truant as defined by the Law and Order Code and

herein;

(v)

A child left with a baby sitter who is under the influence of drugs,

intoxicated, irresponsible, too young, and/or incapable of caring for a child:

(vi)

A child who lacks parental control because of the habits or fault of the

parent(s), guardian, or custodian;

(vii)

A child who is assuming parental responsibilities in running a household because

the parent refuses or fails to act as a parent or forces the child to take on this role;

(viii) A child exposed to a dangerous situation or a potential life threatening

injury as a result of parental negligence;

(ix)

A child whose parent(s) misuse benefits intended for the child, such as

selling or squandering food stamps or commodities;

(x)

An unborn child whose mother is using alcohol or illegal drugs;

(xi)

A nursing child whose mother is using alcohol or other drugs to an extent

that the baby may be endangered;

(xii)

An unborn child whose mother is not receiving adequate prenatal care;

(xiii) A child who is allowed access to alcohol or other drugs;

(xiv) A child who is a runaway and/or a child who is attempting to live

independently but who does not have the financial means to care for him or

herself; and/or

(xv)

(b)

A child who is habitually allowed to be out after curfew, if the Tribe has

established a curfew.

Has been physically abused. This term includes but is not limited to:

(i)

Any bruising, welting, abrasion, lesions, burns, broken bones, or other

damage to the body, not clearly caused by pure accident;

(ii)

A child who has been given inappropriate food, drink or drugs or a child

who is suffering from malnutrition;

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(iii)

(c)

Inappropriate punishment (see Exhibit A "What is Child Abuse or

Neglect?" Regarding 'Physical Discipline of Child' section two.)

Has been emotionally maltreated. Emotional maltreatment causes impaired

psychological growth and development of the child. Both community values and

professional expertise should be looked at when deciding whether emotional

maltreatment has taken place. Some indicators of emotional maltreatment are:

(i)

The child's social relationships are seriously impaired: very low selfesteem, a consistent pattern of emotional difficulties such as listlessness,

apathy, depression and self-deprecating remarks;

(ii)

Serious inability of the child to respond appropriately to the normal

behavior of adults (e.g. the child cowers or ingratiates himself to adults);

(iii)

Rejection: refusal to accept the child;

(iv)

Ignoring: the parent deprives the child of essential responsiveness which

stifles emotional growth and development of the child;

(v)

Ridicule/Terrorizing: Verbal assaults creating a climate of fear, bullying the

child, name-calling, destroying the child's possessions, or attacking beloved

people or pets;

(vi)

Isolating: Cutting a child off from normal social experiences, preventing a

child from forming friendships, or a child who is locked in or locked out of

the home or who leaves home because of partying in the home;

(vii)

Corrupting: teaching a child socially deviant behavior such as rewarding

aggression, delinquency, or sexually precocious behavior;

(viii) Penalizing a child for positive, normal behavior;

(d)

(ix)

Discouraging the attachment between care-giver and infant; failure to thrive

and physical abuse may follow; and/ or

(x)

Exposure to domestic violence in the family: the child observes or

overhears violence between members of the family and/or the child lives in

an atmosphere of severe abusive conflict, creating acute or chronic fear in

the child.

Has been sexually abused. This term includes:

(i)

Contacts or interactions between a child and an adult when the child is being

used for the sexual stimulation of the perpetrator or another person;

(ii)

Sexual abuse may also be committed by a person under the age of 18 when

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that person is either significantly older (four years or more) than the victim

or when the perpetrator is in a position of power or control over another

child;

(iii)

The exposure of the perpetrator's genitals in the presence of a child, or any

other sexual act, if such exposure or sexual act is for the purpose of sexual

arousal or gratification, aggression, degradation, or other similar purpose;

(iv)

Obscene calls, jokes, peeping, or sexual propositions;

(v)

Child pornography or sexual positioning for photos;

(vi)

Forcing a child to watch sexual act or sexual violence;

(vii)

Unwanted hugs, kisses, pinching, tickling;

(viii) French kissing, handling genitals, masturbation, mouth to genital contact;

(e)

(f)

(ix)

Oral, anal, or vaginal rape; and/or

(x)

Sexual maiming or sexual bondage.

Is in serious conflict with his or her parent, guardian or other custodian to the point

where assistance outside the immediate family is needed or requested by the parent,

guardian, or other custodian as evidenced by, but not limited to:

(i)

A youth who is habitually truant;

(ii)

A youth who is habitually disobedient of the reasonable and lawful

commands of his or her parent, guardian and/or custodian;

(iii)

A youth who is a habitual runaway; or

(iv)

A youth who habitually engages in activities so as to injure or endanger the

morals or health of himself or herself or others.

Has been placed for care or adoption in violation of the Indian Child Welfare Act

of 1978.

The Hoh Tribe recognizes that a parent may need to place a child with another caregiver on a

temporary basis. This is not in itself ground for a youth in need of care action, provided the

substitute caregiver is adequately caring for the child. However, a parent who has placed a child

with another person because he or she is unable to adequately care for a child is still expected by

the community to work toward becoming a good parent. In addition, child raising practices

including reasonable parental discipline, which do not harm the child's health, safety and welfare

are not child abuse or neglect.

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Child abuse and neglect are not always revealed by physical examination of the child or statements

of the child. Behavior and emotional temperament of the child (and of the parent and/or

perpetrator) may give more information about the existence of past or present maltreatment. The

Court shall give weight to professional evaluations of these factors when deciding if a youth is in

need of care.

(2)

Complaint-Filing. A complaint may be filed with the Hoh Tribal Law Enforcement

Department or the Indian Child Welfare case manager's office by any person who has

personal knowledge that a youth is in need of care as defined by this code.

(3)

Contents of the Complaint. The complaint shall include:

(4)

(a)

The name, age and address of the youth who is subject of the complaint, if

known; and

(b)

A plain and concise statement of the facts upon which the complaint is based,

including the date, time and location at which the alleged facts occurred; and

(c)

The name of the complainant shall not be disclosed to anyone except the Indian

Child Welfare case manager, the presenting officer, Tribal Law Enforcement

Officer and the judge or judicial officer unless otherwise ordered by the Court. The

Indian Child Welfare case manager may disclose the name of the complainant to

the social services staff if he or she deems it necessary.

Receipt of Complaint by Tribal Law Enforcement. Upon receipt of a complaint that a youth

is in need of care, tribal law enforcement shall take the following steps:

(a)

A Tribal Law Enforcement Officer shall immediately investigate the complaint. If

the enforcement officer has probable cause to believe that a youth is in need of care

based on his or her investigation, the enforcement officer shall immediately notify

Washington State Child Protective Services ("CPS"), and shall also notify the

Indian Child Welfare department. A notice procedure to define when immediate

notice must be given to the Indian Child Welfare case manager and when notice

may be given at a later date may be established by the social services staff. Based

on the investigation, a detailed written report shall be completed by law

enforcement. A copy shall be delivered to the Indian Child Welfare case manager

within two (2) working days of the date the complaint was received.

(b)

If the Tribal Law Enforcement Officer reasonably believes the youth is in

immediate and serious danger from his or her surroundings and removal is

necessary for the youth's safety or well-being, the officer may take the youth into

custody; provided, that if there is sufficient time and a judge or judicial officer is

available, the enforcement officer shall first request an emergency custody order.

(c)

If the Tribal Law Enforcement Officer takes a youth into custody without first

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obtaining an emergency custody order, he or she shall:

(5)

(i)

Release the youth to the youth's parent, guardian or custodian and issue

verbal counsel or warning as may be appropriate; or

(ii)

Immediately notify CPS and the Indian Child Welfare case manager and

request direction as to whether the youth should be placed in shelter care

and if so where; or

(iii)

If CPS and/or the Indian Child Welfare case manager cannot be reached,

the Tribal Law Enforcement Officer may place the youth in shelter care,

but shall continue attempts to notify CPS and the Indian Child Welfare case

manager. Placement of the youth shall be in a facility approved by the ICW

department for emergency shelter care in that particular case. A list of who

to contact in emergency placements may be set by the ICW department and

provided to Tribal Law Enforcement Officer;

(iv)

If the youth is not released, immediate and continuing efforts shall be made

by Tribal Law Enforcement Officer, CPS, and the Indian Child Welfare

case manager to notify the youth's parent, guardian or custodian as to the

circumstances surrounding the youth's custody.

Receipt of Complaint by Indian Child Welfare staff. Upon receipt of a complaint under

this section or receipt of notice from Tribal Law Enforcement Officer that a youth is in

need of care, the Indian Child Welfare staff shall take the following steps:

(a)

Immediately confer with Tribal Law Enforcement Officer to determine whether

further action on the complaint is necessary. If the Indian Child Welfare case

manager and Tribal Law Enforcement Officer determine circumstances require it,

CPS shall immediately be requested to perform an investigation with the aid of a

Tribal Law Enforcement Officer.

(b)

If the Indian Child Welfare case manager completes a "Safety Assessment" (see

attached Exhibit B) and reasonably believes that a youth is in an emergency

situation and requires shelter care, he or she shall:

(i)

Request an emergency custody order, if there is time and a judge or judicial

officer is available;

(ii)

Immediately place the youth in shelter care. The Indian Child Welfare case

manager shall request assistance of CPS and/or a Tribal Law Enforcement

Officer in making such placement;

(iii)

If the youth's parent, guardian or custodian has not been notified, the Indian

Child Welfare case manager shall inform him or her at the earliest possible

time and return the youth to him or her if such action is appropriate;

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(iv)

If a youth is taken into custody and it is unlikely that he or she will be

released to his or her parent, guardian or custodian within two working

days, the Indian Child Welfare case manager shall immediately file a

request for a preliminary inquiry.

(6)

Emergency Custody Orders-Grounds. A Youth Court judge or judicial officer may issue

an emergency custody order upon a sworn oral or written statement of facts showing

probable cause to believe the youth is in need of care and that his or her health, safety and

welfare will be seriously endangered if not taken into custody.

(7)

Emergency Custody Orders-Content. The emergency custody order shall specifically name

the youth to be taken into custody, be signed by the judge or judicial officer, state the date

and time issued, the place where the youth is to be taken and name the person or persons

authorized to take the youth into custody.

(8)

Emergency Custody Order-Service and Duration. An emergency custody order must be

executed within forty-eight (48) hours of issuance. A youth taken into custody under an

emergency custody order may be held until the conclusion of a preliminary inquiry or as

ordered by the Court.

(9)

The Indian Child Welfare Case Worker may seek to hold a Family Group Conference at

this stage to resolve the safety concerns and make a plan that is in the best interest of the

child.

§ 4.01.200 Preliminary Inquiry Regarding Youths in Shelter Care

(1)

(2)

Purpose of Preliminary Inquiry. If a request for preliminary inquiry is filed under Section

4.01.190, a hearing will be held to determine:

(a)

The tribal status of the youth;

(b)

Whether there is probable cause to believe the youth is in need of care;

(c)

The best interest of the youth and the Tribe with regard to any action to be taken;

and

(d)

Whether continued shelter care is necessary pending further proceedings.

Request for Preliminary Inquiry- Contents. A request for preliminary inquiry shall include:

(a)

The name, birth date, residence, domicile and tribal status, if known, of the youth;

(b)

The name and residence of the youth's parent, guardian or custodian;

(c)

A citation to the specific section of this code which gives the court jurisdiction over

the proceeding;

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(d)

A plain ·and concise statement of the facts which support the allegation that the

youth is in need of care; and

(e)

If the youth is in shelter care, the place of shelter care (unless confidential) and the

time taken into custody.

(3)

Preliminary Inquiry-Time of Hearing. A preliminary inquiry shall be conducted within two

(2) working days of filing a request for preliminary inquiry.

(4)

Notice. Notice of the preliminary inquiry shall be given by the court clerk, law enforcement

officer, or a person appointed by the Tribal Business Committee to fulfill these duties, to

the parties as provided under § 4.01.120 , Service, and shall include:

(a)

The name of the Court;

(b)

A copy of the request for preliminary inquiry;

(c)

The date, time and place of the preliminary inquiry; and

(d)

Affidavit of Service

(5)

Presence of Parent, Guardian or Custodian. If the youth's parent, guardian or custodian is

not present at the preliminary inquiry, the Court shall determine what efforts have been

made to notify and to obtain the presence of the parent, guardian or custodian. If it appears

that further efforts are likely to produce the parent, guardian or custodian, the inquiry shall

be recessed for a reasonable period of time and the Indian Child Welfare case manager

shall be directed to make continued efforts to obtain the presence of the parent, guardian

or custodian.

(6)

Presence of Counsel-Continuance. The Youth Court may not continue a preliminary

inquiry solely to allow a party to obtain legal representation; however, a party who appears

at a preliminary inquiry without legal representation does not waive his or her right to

appeal any procedural or substantive error made at the Preliminary Inquiry by failing to

make objections during the inquiry, if legal representation is obtained and written

objections are made before the start of the fact-finding hearing.

(7)

Court's Findings-Release of Youth. If at the conclusion of the preliminary inquiry the

Youth Court finds that probable cause does not exist to believe the youth is in need of care,

the youth shall be released to the custody of his or her parent, guardian, or custodian.

(8)

Court's Findings-Youth in Need of Care. If the Youth Court finds that there exists probable

cause to believe that the youth is in need of care, it may order:

(a)

That the youth be released to his parent, guardian, or other custodian pending

further proceedings; or

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(b)

(9)

(10)

That shelter care be continued if the Court finds that there is probable cause to

believe, including but not limited to the following, that:

(i)

No parent, guardian, custodian, or other person is able or willing to provide

adequate supervision and care for the youth; or

(ii)

The youth will run away or otherwise be unavailable for further

proceedings;

(iii)

The youth will be in an emergency situation if he or she is returned to his

or her parent, guardian or other custodian;

(iv)

The youth will cause serious damage to persons or property;

(v)

The youth requires medical care, treatment, or evaluation that he or she

could not otherwise receive if he or she were to remain in the custody of his

or her parent, guardian, or other custodian; or

(vi)

The youth has been abandoned.

(c)

That the youth and his or her parent, guardian or other custodian, or any other

interested person within the Court's jurisdiction, attend "Family Group

Conference" and shall advise the parties as to the date, time and place of such

mediation; and

(d)

That the parties shall keep the Court informed as to any changes in their mailing

addresses and physical addresses.

Shelter Care Placement. If a youth is placed in out of home care under this code, the Court

shall follow the placement preferences below, in order of preference:

(a)

With a member of the youth's extended family;

(b)

With a member of the youth's Tribe;

(c)

A person from another Tribe; or

(d)

In emergency placements, any other safe and/or licensed location.

It shall be the policy of the Hoh Tribe that all adults and caregivers (16 years or older) in

the placement shall submit to completing a background clearance authorization for

Washington State Patrol, Tribal Police Background, Department of Social & Health

Services, and submit fingerprints for a Federal Bureau Investigation immediately

following placement of the youth in a home. The Tribe shall pay for the cost of the

fingerprinting. In no circumstance shall a youth be placed in a home with a convicted sex

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offender (of any age) or any person convicted of a violent crime. A violent crime is

considered to be any felony defined under any law as a Class A felony or an attempt to

commit a Class A felony; criminal solicitation of or criminal conspiracy to commit a Class

A felony and other offenses as defined in Revised Code of Washington 9.94A.030(41) &

(50). Failure to comply with this section shall result in the youth being removed from the

home unless and until all adults comply.

(11)

Fact Finding Hearing-Scheduling at Preliminary Inquiry. If it appears that a petition for

fact finding will soon be filed based upon the findings at the preliminary inquiry, the Court

shall set a date and time for the fact finding hearing and shall advise the parties of the date,

time and place of that hearing, and shall order their attendance at the hearing. If the parent,

guardian or other custodian is not present at the preliminary inquiry, notice of the fact

finding hearing may be served in accordance with subsection D of this section. A Fact

Finding Hearing shall be set no later than forty-five (45) days following a Preliminary

Inquiry or the filing of a Petition for Fact Finding, whichever is later.

§ 4.01.210 Fact Finding Hearings

(1)

Purpose. The Court shall conduct a fact finding hearing for the sole purpose of determining

whether a youth is in need of care.

(2)

Request for Fact Finding Hearing. A request for a fact finding hearing may be initiated at

the preliminary inquiry under § 4.01.200(11) or by a petition filed by the presenting officer

upon recommendation of the Indian Child Welfare case manager that it is in the best

interest of the youth and the tribal community.

(3)

Petition-Contents. A petition for fact finding hearing shall include:

(4)

(a)

The name, birth date, residence, domicile, and tribal status of the youth;

(b)

The names, residences and tribal status of the youth's parent, guardian or custodian;

(c)

A citation to the specific section of this code which gives the Court jurisdiction

over the proceedings;

(d)

A detailed statement of facts and reasons which support the allegation that the

youth is in need of care. However, if a request for preliminary inquiry was filed

previously, the petition may incorporate by reference the contents of the request;

and

(e)

If the youth is in shelter care, the place of shelter care (unless confidential) and the

time taken into custody.

Time of Hearing. The Court shall set the date for a Fact Finding Hearing within forty-five

(45) days of receipt of a petition, unless the date was set at Preliminary Inquiry. Failure to

comply with the time limits, without good cause shown, shall result in dismissal of the

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petition.

(5)

Notice. Notice of a fact finding hearing shall be served on all parties in the manner

specified under § 4.01.120 by the court clerk or other person designated by the Tribe to

perform this duty, at least five days prior to the hearing. The notice shall include the name

of the Court; the date, time, and place of the hearing; and a copy of the petition. The notices

shall be served on:

(a)

The youth and/or any legal representative;

(b)

The youth's parent, guardian or custodian and/or any legal representative;

(c)

Any person the Court believes necessary for the hearing; and

(d)

Any person the parties believe necessary for the hearing.

(6)

Testimony. The Court shall hear testimony concerning the circumstances which gave rise

to the petition. Before testifying at a Court hearing, every witness shall first state before

the Court this oath, "On my honor and my family name I vow to tell the truth."

(7)

Rules of Evidence-Purpose. The purpose of these rules of evidence is to ensure that the

Court is able to determine the truth of a matter with a minimum of delay, confusion and

uncertainty.

(8)

Rules of Evidence-Reliability. The rules of evidence used in state and federal courts shall

not apply to hearings before the Hoh Youth Court. Where there is more than one kind of

evidence about the same subject, the Court should hear the most reliable kind of evidence.

In oral testimony, persons who testify from personal knowledge (such as first-hand

observation of or participation in the event described) shall be preferred as witnesses to

persons who have second­ hand knowledge of the event.

(9)

Rules of Evidence-Relevance. Evidence submitted during Court hearings must be related

either to the issues before the Court or to the weight and credibility which should be given

to other evidence. When questioned by the Court or another party, the party who wishes to

present certain evidence shall explain why he or she thinks the evidence is relevant.

(10)

Rules of Evidence-Ruling by Court. When the relevance or reliability of evidence is

challenged and the Court decides whether or not to use the evidence, it shall explain the

decision.

(11)

Admissibility of Statements Made at the Preliminary Inquiry. All statements made at the

preliminary inquiry are part of the Court record and are admissible in the fact finding

hearing unless ruled to be inadmissible by the Court.

(12)

Questioning Witnesses-Order Called. The Court shall determine the order in which parties

or their representatives shall be allowed to question witnesses. The Court shall protect the

witnesses from harassment or unnecessarily repetitive questioning. The Court itself may

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call and question any witnesses.

(13)

Questioning Witnesses-Leading Questions. When questioning a witness, the Court and

parties or their representatives shall not ask questions in such a way as to suggest the

answer desired unless the witness is being cross-examined or is clearly hostile to the person

asking questions.

(14)

Written Testimony. Testimony of a witness may be presented in written form, if the witness

is unable to appear in person to testify, if the evidence presented in writing is not

contradicted by other parties, or if the written testimony is offered to support a motion or

an uncontested request for relief. Written testimony should show clearly who gave it and

when the witness gave it. Testimony should be given under oath, if possible.

(15)

Rules for Discovery. The rules for discovery shall be the same as those rules that govern

the Tribal Court.

(16)

Burden of Proof. The burden of proof shall be clear and convincing evidence.

§ 4.01.220 Disposition

(1)

Pre-dispositional Report-Purpose. The Indian Child Welfare case manager, in consultation

with the other social services professionals, shall prepare a written report describing all

reasonable and appropriate actions and services that are necessary for the parent(s) to

complete in order to be considered for having their children placed back into their care and

custody.

(2)

Pre-dispositional Report-Contents. The report shall contain a specific plan for the care of

and assistance to the youth and his or her parent, guardian or custodian. The report shall

explain the necessity for the proposed plan and its benefits to the youth and his or her

parent, guardian or custodian. This may include recommendations for treatment and/or

other services or actions which ICW is recommending.

(3)

Pre-dispositional Report-Placement Recommendations. If placement with someone other

than the youth's parent, guardian or custodian is recommended, the report shall contain

specific reasons for not recommending placement of the youth with his/her parent,

guardian or custodian.

(4)

Pre-dispositional Report-Service. The Indian Child Welfare case manager shall file the

pre­ dispositional report with the Court at least ten (10) days prior to the dispositional

hearing. The Court Clerk shall serve all parties to the proceeding at least five (5) days

before the dispositional hearing.

(5)

Additional Reports. Any party to an action pursuant to this code may file a predispositional report which shall include his or her recommendations for consideration by

the Court.

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(6)

Dispositional Hearing-Time. A dispositional hearing may be held in conjunction with the

fact finding hearing if the Court determines that such action is in the best interest of the

youth. If the dispositional hearing is separate from the fact finding hearing, it shall take

place within thirty-five (35) days of the fact finding hearing.

(7)

Dispositional Hearing-Notice. The dispositional hearing shall be set at the fact finding

hearing and such announcement shall constitute notice.

(8)

Conduct of Dispositional Hearing. The court shall hear testimony to determine the proper

disposition for the youth. The Court shall consider the pre-dispositional report submitted

by the Indian Child Welfare case manager and any other reports submitted for review. All

parties shall be given the opportunity to contest the factual contents and conclusions of the

pre-dispositional reports submitted.

(9)

Dispositional Alternatives for Youths in Need of Care. If a youth has been determined to

be in need of care, the Court may take any of the following dispositions which are listed

by priority:

(1)

Permit the youth to remain with his or her parent, guardian or custodian, subject to

any such limitations and conditions the Court may order (an "in-home"

dependency);

(2)

Place the youth with an extended family member subject to any limitations and

conditions the Court may prescribe;

(3)

Place the youth in a foster home that has been licensed or approved by the Tribe,

subject to any limitations and conditions the court may order;

(4)

Place the youth in a shelter care facility approved by the Tribe;

(5)

Transfer legal custody to an agency responsible for youths in need of care, qualified

to receive and care for the youth;

(6)

Order the parent(s) to participate in specific evaluations and/or treatment and/or

other services as recommended by ICW;

(7)

Recommend that termination proceedings begin; or

(8)

Order the youth to participate in a substance abuse treatment program in

appropriate cases. This may be ordered in addition to any other disposition.

(10)

Dispositional Order Is Final. The dispositional order constitutes a final order for purposes

of appeal.

(11)

Review and Modification of Dispositional Order. Dispositional orders are to be reviewed

by the Court at least every six months. A dispositional order may be modified upon a

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finding of a good cause to modify.

(12)

Motion to Modify. The Court shall review a dispositional order at any time upon the motion

of the following to modify:

(a)

The youth and/or legal representative;

(b)

The youth's parent, guardian, custodian, and/or legal representative;

(c)

The Indian Child Welfare case manager; or

(d)

The presenting officer.

(13)

Review Hearing. The Court shall conduct a hearing to review its dispositional order at least

once every six months, or earlier upon motion of any party. The Court shall review the

performance of the youth, the youth's parent, guardian, or custodian, the Indian Child

Welfare case manager, and any other parties to the disposition.

(14)

Standard for Modification. If the request for review of a disposition is based on the alleged

violation of a court order, the Court shall not modify its dispositional order unless it finds

clear convincing evidence of the violation.

§ 4.01.230 Family Group Conference

(1)

The Family Group Conference may be held at any time prior to or following court

involvement when a decision must be made about where a child should live. Family Group

Conference otherwise known as "Family Team Decision-Making Meeting" is a family

focused intervention facilitated by the Indian Child Welfare Case Manager that is designed

to build and strengthen the natural care giving system for the child. The purpose of the

family group conference is to establish a plan that provides for the safety and permanency

needs of the child and to build communication, cooperation and collaboration between

family, the Tribe, and the child welfare professionals.

(2)

Family decision meetings may include, but are not limited to, family group conferences,

family mediation, family support meetings, or other professionally recognized

interventions that include extended family and rely upon the family to make

recommendations about planning for its children.

(3)

The Indian Child Welfare Case Manager is responsible to host a meeting when asked by

the Tribal Court, Child Protection Team, Washington Department of Social and Health

Services, or Indian Child Welfare supervisor. A relative may seek the assistance of an

Indian Child Welfare supervisor at any time.

(4)

An initial Family Group Conference is voluntary (unless specifically ordered by the Court)

and can only be conducted if the child's parent or parents, and other family members agree.

An initial family group conference must be held as soon as possible following the family's

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agreement to participate, rather than as soon as a child's involvement in the child welfare

system. Tribal Elders, caregivers and extended family members shall be invited to attend,

with the permission of the parent(s). All Family Group Conferences shall be confidential

and no information discussed during the conference shall be shared to anyone outside of

the conference unless necessary to protect the child.

(5)

(6)

The Indian Child Welfare Case Manager shall establish an agenda for the conference. The

agenda will state the following topics to be discussed, and the Case Manager will facilitate

the conference to seek a written agreement:

(a)

To decide whether the Child is in need of another place to live.

(b)

To define the requirements of what the child needs for safety and permanency. (For

example, back ground checks for adults and caregivers over 16 years of age).

(c)

To seek the family's response to how the safety and permanency can be reached

within a reasonable amount of time.

(d)

To determine what the strengths in the family are, and how they could be used to

help the child and family.

(e)

To ask the family and group members to each contribute to a family decision to

form a written contract that they can endorse to aid the child and their family.

(f)

To ensure that the written contract the family establishes contains contingencies for

support or emergencies. The Indian Child Welfare Case Manager shall provide

information on possible support groups, resources, etc.

(g)

To make sure the family understands that the Indian Child Welfare Case Manager

is obligated to follow up to confirm the contract plan is functioning, and will be

responsible for contacting collateral contacts.

The goal of the Family Group Conference is to make a plan that everyone feels is in the

best interest of the Child. If the group is unable to come to an agreement, the Indian Child

Welfare Case Manager and Supervisor are responsible to create a plan for the child based

upon their investigation and any input from professional service providers.

§ 4.01.240 Child Protection Team Meetings

(1)

The Child Protection Team. The Child Protection Team ("CPT") may include a

representative from each of the following departments: housing director or his/her

designee, drug & alcohol director or his/her designee, mental health director or his/her

designee, daycare supervisor or his/her designee, ICW case managers, ICW director or

his/her designee, member of the Tribal Business Committee (who shall be required to

recuse him/herself if related to any parties in pending ICW cases), Tribal Elder, and Tribal

Chief of Police. Other members of the Parties' families may be invited to participate (with

agreement by the parents), but only for purposes of providing information and not as voting

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members.

(2)

Purpose of CPT. The purpose of the CPT shall be to meet on a monthly basis following

court involvement to discuss pending dependency cases to provide the fullest possible

picture of services available to children and families involved in dependency cases.

Further, the CPT shall provide recommendations to ICW case managers on the

development and implementation of case plans for families involved in such cases.

(3)

Notice of Meeting. Written notice of the meeting shall be given to the youth and his or her

parent, custodian or guardian and to all other parties to the meeting, as soon as the time

and place for the meeting has been established. The notice shall include:

(a)

The name of the Court involved;

(b)

A citation to the Section of the Code which gives the Court jurisdiction over

dependency proceedings; and

(c)

The date, time and place of the meeting.

(4)

Time of Meeting. The CPT coordinator shall schedule the meeting as soon as possible after

any manner of petition has been filed.

(5)

Service of the Notice of Meeting. The notice shall be delivered by the CPT coordinator or

ICW case manager. If the notice cannot be delivered personally, the notice shall be

delivered by any other method reasonably designed to give notice to the necessary persons.

(6)

Each Indian Child Welfare Case Manager will monitor and report to the court the results

of the Child Protection Team's recommendation, and/or findings.

GUARDIANSHIP

§ 4.01.250 General Provisions

Intent. It is the custom of the Hoh Indian Tribe that youths be raised within the supportive network

of extended family and community if the youth's parents are unable to adequately care for him or

her. The Hoh Tribe has seldom recognized "termination of parental rights." A parent may have

been completely restricted from having any contact with his or her child and the child may have

been raised by a relative but the parent's status as the child's parent was never "terminated."

Similarly, a person raising another person's child did not "adopt" the child. The provision for

guardianship in this code is intended to reflect these values and customs of the Hoh Indian Tribe.

The Court may, on rare occasions, face cases which cannot be handled in the customary way,

Termination of Parental Rights, addresses those rare circumstances.

§ 4.01.260 Starting an Action to Appoint Guardian

(1)

Petition-Who May File. Any person at least eighteen (18) years old may file a petition with

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Amended: 09/03/2024

the Court requesting that he or she be appointed as a guardian. If the petitioner is married,

his or her spouse must also be at least eighteen (18) years old and must sign the petition,

unless the spouse's whereabouts are unknown or unless waived by the court. "Spouse" for

purposes here includes common law spouses. "Common law spouse" for purposes of this

code means parties to a marriage recognized under tribal custom or parties to a relationship

wherein the couple reside together and intend to reside together as a family.

(2)

Petition-Contents. A petition for appointment of a guardian shall include:

(a)

The name, birth date, residence, and tribal status of the youth who is the subject of

the petition;

(b)

The name, birth date, residence, and tribal status, if known, of the youth's parent(s)

and of the petitioner(s);

(c)

If the youth is residing with someone other than a parent, the location and length at

that location (unless it is confidential); and

(d)

A concise statement of the facts and reasons supporting the request that the

petitioner be appointed as a guardian.

(3)

Setting the Hearing. When the Court receives the petition it shall set a hearing date, which

shall not be more than forty (40) days after the Court receives the petition, unless there is

good cause to extend this time.

(4)

Notice of Hearing. Notice of the hearing shall be given by the court clerk or other person

designated by the Tribe to perform this duty as provided under § 4.01.120, Service, at least

twenty (20) days before the hearing. The notice shall include the date, time, and place of

the hearing and a copy of the petition. The notice shall be served on:

(5)

(a)

The petitioner(s) and/or any legal representative;

(b)

The youth and/or any legal representative;

(c)

The youth's parent(s) and/or any legal representative;

(d)

The presenting officer;

(e)

Any person the Court deems necessary for proper adjudication; and

(f)

Any person the parties believe necessary for the hearing.

Guardianship Home Study Report-Preparation. The Indian Child Welfare case manager,

in consultation with appropriate social services professionals, shall prepare a guardianship

report. In preparing the report, the Indian Child Welfare case manager shall conduct a

complete home study (including background checks on all members of the household over

the age of 16) and shall consult with the youth's parent(s), all health, education and social

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Amended: 09/03/2024

service personnel who have had prior professional contacts with the youth, and with the

petitioner(s) to determine whether appointment of a guardian would be in the best interests

of the youth. The Indian Child Welfare case manager may also review the child's previous

court record, if any. The guardianship report shall be in writing and contain the professional

opinions of all personnel consulted.

(6)

Guardianship Home Study Report-Service. The Indian Child Welfare case manager shall

file the guardianship report with the Court at least ten (10) days before the hearing. The

Court Clerk shall then serve all parties to the proceeding at least five (5) days before the

hearing.

(7)

Additional Reports. Any party may file a report which shall include his or her

recommendations for consideration by the Court.

(8)

Guardianship Hearing-Purpose. The Court shall conduct the hearing to determine whether

appointment of a guardian is in the best interest of the youth.

(9)

Guardianship Hearing-Conduct. The hearing shall be private and closed. The following

procedural rules apply: § 4.01.210(6), Testimony, § 4.01.210(7) through (10), Rules of

Evidence, § 4.01.210(11), Admissibility of Statements, and § 4.01.210(12) through (13),

Questioning Witnesses, § 4.01.210(14), Written Testimony, and § 4.01.210(15), Rules for

Discovery. The Court shall hear testimony to determine whether guardianship is in the best

interest of the youth. The Court shall consider all guardianship reports submitted for

review. All parties shall be given the opportunity to contest the factual contents and

conclusions of the guardianship reports.

(10)

Grounds for Appointing a Guardian and Burden of Proof.

(a)

(b)

The Court may appoint a guardian when the following conditions have been proved

by clear and convincing evidence:

(i)

The parent has consented in writing to the guardianship; or

(ii)

The youth is a youth in need of care as defined under this Code.

In addition to finding one of the above conditions has been proved, the Court must

also find all the following conditions have been proved by clear and convincing

evidence:

(i)

That appointment of a guardian is in the best interest of the youth; and

(ii)

The youth's best interests would not be served if the youth remains under

the parent's care and custody; and

(iii)

That the petitioner(s) can provide appropriate and adequate parental care

for the youth's financial and emotional support.

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Amended: 09/03/2024

(11)

Placement Preference. The order of preference in placing a youth with a guardian is:

(a)

Extended family member;

(b)

A member of or person eligible for enrollment in the Hoh Indian Tribe;

(c)

A member of the Hoh community, who may be ineligible for enrollment, who has

been recognized by the Business Committee as being a member of the community;

(d)

A member of another Indian tribe;

(e)

If this order of placement preference cannot be met, for good cause shown, then

placement may be made with any person who has knowledge of and a desire to

foster the youth's tribal affiliation and special needs.

(12)

Enrollment Prior to Appointment of Guardian. If a youth is eligible for enrollment in the

Hoh Indian Tribe, the Indian Child Welfare case manager may assist the parent in making

application for enrollment of the youth to the Hoh enrollment clerk.

(13)

Order of Appointment-Powers of Guardian. If the Court orders the appointment of a

guardian, the order may define or limit the guardian's power. If the order does not define

or limit the power of the guardian, the guardian has all the rights and responsibilities of a

parent except:

(a)

The power to enroll a youth in a tribe other than the Hoh Tribe if the child is

enrolled or eligible for enrollment in the Hoh Tribe;

(b)

The guardian may not consent to any procedure for sterilization unless deemed

medically necessary to protect the life of the youth;

(c)

The guardian shall not move outside a fifty (50) mile radius of the Hoh community

without Court approval upon notice and hearing; and

(d)

The guardian may not consent to any adoption of the child.

(14)

Visitation. The Court may order visitation between the youth and parent(s) or any other

person if the Court finds such visitation is in the best interest of the youth.

(15)

Letters of Guardianship. Upon entering an Order of Guardianship, the Court may cause to

be prepared "Letters of Guardianship" to be used by the Guardian to obtain any necessary

services for the youth.

§ 4.01.270 Annual Review

Court Review. The guardianship may be subject to an annual review for the first five (5) years

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Amended: 09/03/2024

following the Order of Guardianship. At each annual review, the appointed Guardian shall

provide a "Guardianship Yearly Progress Report" (blank form to be provided by the ICW

Department, See Exhibit "C") to be filed with the Court no later than one week before the

scheduled hearing. Following five (5) years of successful annual reviews, the guardianship shall

not be subject to periodic or continuing supervision, unless a motion is made for cause shown.

§ 4.01.280 Vacate or Terminate a Guardianship

(1)

(2)

Vacate or Terminate a Guardianship. A Guardianship naturally terminates when a child

reaches the age of eighteen (18), unless that child could be considered a vulnerable adult.

Otherwise, a Guardianship may usually only be vacated or terminated upon the finding

by clear and convincing evidence that the following has occurred:

(a)

Voluntary relinquishment from the Guardian;

(b)

Finding of Child Abuse and/or Neglect by the appointed Guardian; or

(c)

Death of the Guardian.

The biological parent(s) will have the opportunity to appeal a Guardianship by petition

once within the first twelve months, and then once every two years thereafter. The burden

of proof will be on the petitioner to prove that the Guardianship is no longer in the child's

best interests. The standard of proof shall be by clear and convincing evidence. The

burden of the Court costs shall be upon the petitioner.

TERMINATION OF PARENTAL RIGHTS

§ 4.01.290 Policy

The Hoh Tribe of Indians has not traditionally provided for the termination of a parent's rights.

It is currently the custom and policy of the Tribe to view involuntary termination of a parent's

rights as an absolute last resort, reserved for very limited circumstances. This chapter addresses

both voluntary and involuntary terminations.

§ 4.01.300 Starting an Action for Termination of Parental Rights

(1)

Petition. A proceeding to terminate parental rights shall be initiated by filing a petition

with the Court. The petition shall include:

(a)

The name, birth date, residence, and tribal status of the youth who is the subject of

the petition;

(b)

The name, birth date, residence, and tribal status, if known, of the youth's parent(s),

guardian and/or custodian;

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Amended: 09/03/2024

(c)

If the youth is residing with someone other than a parent, the location and length at

that location (unless confidential); and

(d)

A concise statement of the facts and reasons supporting request that parental rights

be terminated.

(2)

Setting the Hearing. When the Court receives the petition, it shall set a date for the

termination hearing, which shall not be more than sixty (60) days after the Court receives

the petition.

(3)

Notice of Hearing. Notice of the hearing shall be given by the court clerk or other person

designated by the Tribe to perform this duty as provided under § 4.01.120, Service, at least

twenty (20) days before the hearing. The notice shall include the date, time, and place of

the hearing, and a copy of the petition. The notice shall be served on:

(a)

The youth and/or legal representative;

(b)

The youth's parent(s), guardian, custodian and/or legal representative;

(c)

Any person the Court deems necessary for proper adjudication; and

(d)

Any person the parties believe necessary for the hearing.

(4)

Pre-termination Report-Preparation. The Indian Child Welfare Case Manager, in

consultation with the social services staff, shall prepare a pre-termination report. In

preparing the report the Indian Child Welfare case manager shall consult with the youth's

parents, guardian, or custodian and all social services, health, and education personnel who

have had prior professional contacts with the youth and his or her parent(s), guardian or

custodian to determine whether termination of parental rights would be in the best interest

of the youth. The Indian Child Welfare Case Manager may also review any of the child's

previous court record. In addition, the Indian Child Welfare Case Manager must obtain

from the Hoh Tribal Business Committee any recommendation it may have as to

disposition and any other relevant issues. Any HTBC member who is related to any of the

parties to a termination action shall recuse themselves from the discussion. The pretermination report shall be in writing and contain the professional opinions of all personnel

consulted.

(5)

Pre-termination Report-Service. The Indian Child Welfare case manager shall file the pre­

termination report with the Court at least twenty (20) days before the hearing. The Court

Clerk shall serve all parties to the proceeding, at least ten (10) days before the hearing.

(6)

Additional Reports. Any party may file a pre-termination report which shall include his or

her recommendations for consideration by the Court.

§ 4.01.310 Termination Hearings

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Amended: 09/03/2024

(1)

Termination Hearing-Purpose. The Court shall conduct the termination hearing to

determine whether termination of parental rights is in the best interest of the youth.

(2)

Termination Hearing-Conduct. The hearing shall be private and closed. The following

procedural rules apply: § 4.01.210(6), Testimony, § 4.01.210(7) through (10) Rules of

Evidence, § 4.01.210(11), Admissibility of Statements, § 4.01.210(12) through (13),

Questioning Witnesses, § 4.01.210(14), Written Testimony, and § 4.01.210(15), Rules for

Discovery. The Court shall hear testimony to determine whether termination of parental

rights is in the best interest of the youth. The Court shall consider all pre-termination

reports submitted for review. All parties shall be given the opportunity to contest the

factual contents and conclusions of the pre-termination reports.

(3)

Grounds for Termination and Burden of Proof. The Court may terminate a person's parental

rights only when the following conditions have been proven beyond a reasonable doubt:

(4)

(5)

(a)

That termination of parental rights is in the best interest of the youth; and

(b)

That guardianship, rather than termination of parental rights, is not in the youth's

best interest; and

(c)

That an appropriate adoptive home is available and that adoption proceedings have

been filed in conjunction with the termination proceedings. In addition, the Court

must find by proof beyond a reasonable doubt that the parent has either consented

to the termination of his or her parental rights under the terms of this chapter or that

that involuntary termination is legally necessary and appropriate; and

(d)

That the parent is responsible for abuse of the youth as defined in this section.

Abuse. Abuse as a condition of termination of parental rights means, but is not limited to:

(a)

Willful and repeated physical injuries which cause or create a substantial risk of

death, disfigurement or impairment of bodily functions; or

(b)

Willful and repeated acts of sexual abuse.

Consent. Consent of the parent to terminate parental rights is not valid unless:

(a)

It is in writing;

(b)

The parent has received counseling from any attorney and/or the Hoh social

services or ICW staff on alternatives to termination such as guardianship, parental

support services, and so on;

(c)

The parent orally explains his or her understanding of the meaning of termination

of parental rights and its consequences to the Youth Court judge and the judge

certifies that the terms and consequences of the consent were fully explained and

were fully understood by the parent; and

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(d)

The consent was given no sooner than thirty (30) days after the birth of the youth.

Any consent may be withdrawn prior to the entry of a final decree of adoption and,

if no other grounds exist for terminating parental rights, the child shall be returned

to the parent.

(6)

Disposition. If parental rights are terminated, adoption procedures shall proceed. If parental

rights are not terminated but sufficient grounds for finding the youth 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.

(7)

Enrollment Prior to Entry of Termination Order. If a youth is eligible for enrollment in the

Hoh Tribe, the Indian Child Welfare case manager shall submit an application for

enrollment of the youth to the Hoh enrollment clerk prior to any final order terminating

parental rights.

ADOPTION

§ 4.01.320 General Provisions

(1)

Petition-Who May File. Any person eighteen (18) years or older wishing to adopt a youth

may file a petition with the Tribal Court requesting that he or she be appointed as an

adoptive parent. If the petitioner is married, his or her spouse must also be at least eighteen

(18) years old and must sign the petition, unless the spouse's whereabouts is unknown or

unless waived by the Court. "Spouse" for purposes here includes common law spouses.

"Common law spouse" for purposes of this code means parties to a marriage recognized

under tribal custom or parties to a relationship wherein the couple reside together and

intend to reside together as a family.

(2)

Petition-Contents. The adoption petition shall include:

(a)

The name, date of birth, residence and tribal status of the youth;

(b)

The full name to be given to the child to be adopted;

(c)

The name, age, place and duration of residence and the tribal status of the

petitioner(s);

(d)

The relation, if any, of the petitioner(s) to the youth;

(e)

The names and addresses, if known, of all persons whose consent is required; and

proof of consent, if given;

(f)

A description of any previous civil proceedings involving the care or custody of

the youth to be adopted and the results of these proceedings;

(g)

The reasons the petitioner(s) desire(s) to adopt the youth.

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Amended: 09/03/2024

(3)

Availability for Adoption. A youth may be adopted only if he has no parents by reason of

death or by the voluntary or involuntary termination of the parent-child relationship. The

Court may conduct a hearing as provided under Termination of Parental Rights, prior to or

in consolidation with an adoption hearing.

(4)

Setting the Hearing. When the Court receives the petition for adoption, it shall set a date

for the adoption hearing, which shall not be more than sixty (60) days after the Court

receives the petition, unless extended for good cause shown.

(5)

Notice of Hearing. Notice of the hearing shall be given by the court clerk or other person

designated by the Tribe to perform this duty as provided under § 4.01.120, Service, at least

twenty (20) days before the hearing. The notice shall include the date, time and place of

the hearing, and a copy of the petition. The notice shall be served on:

(6)

(a)

The petitioner(s) and/or legal representative;

(b)

The youth and/or legal representative;

(c)

The youth's parent(s), guardian, custodian and/or legal representative;

(d)

The presenting officer;

(e)

Any person the court deems necessary for proper adjudication; and

(f)

Any person the parties believe necessary for the hearing, including any other Indian

Tribe in which the youth may be enrolled or eligible for enrollment.

Pre-Adoption Report. The Indian Child Welfare Case Manager, in consultation with

appropriate social services professionals, shall prepare a pre-adoption report. In preparing

the report, the Indian Child Welfare case manager shall conduct a complete home study

including all information reasonably available concerning:

(a)

The physical and mental condition of the youth, the petitioner(s) and the

petitioner(s)' family;

(b)

Criminal background check on all persons living in the home who are over the age

of sixteen (16);

(c)

The parent(s) of the youth;

(d)

The home environment, family life, health facilities and resources of the

petitioner(s);

(e)

The youth's cultural heritage and tribal status;

(f)

The marital status of the petitioner(s), if married, and divorce, if any. The names

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Amended: 09/03/2024

and ages of other children, both natural and adopted, of the petitioner(s);

(g)

The recommendation, if any, of the Hoh Tribal Business Committee regarding the

adoption; and

(h)

Any other facts and circumstances relating to the propriety and advisability of the

adoption.

When the petitioner(s) is a member of the youth's extended family, the Court, in its discretion,

may waive the formal written requirements for the pre-adoptive report and require only such oral

information from the Indian Child Welfare case manager and appropriate social services

professionals as the Court deems necessary.

(7)

Pre-Adoption Report-Service. The Indian Child Welfare case manager shall file the pre­

adoption report with the Court at least ten (10) days before the hearing. The Court Clerk

shall serve all parties to the proceedings at least five (5) days before the hearing.

(8)

Additional Reports. Any party may file a report which shall include his or her

recommendations for consideration by the Court.

(9)

Adoption Hearing-Purpose. The Court shall conduct the adoption hearing to determine

whether adoption is in the best interest of the youth.

(10)

Adoption Hearing-Conduct. The hearing shall be private and closed. The following

procedural rules apply: § 4.01.210(6), Testimony, § 4.01.210(7) through (10), Rules of

Evidence, § 4.01.210(11), Admissibility of Statements, § 4.01.210(12) through (13),

Questioning Witnesses, § 4.01.210(14), Written Testimony, and § 4.01.210(15), Rules for

Discovery.

(11)

Grounds for Entering Decree of Adoption. The Court may enter a decree of adoption if it

finds that all necessary procedures have been followed, that the Hoh Tribal Business

Committee does not oppose it, and that it would be in the best interest of the youth.

(12)

Denial of Adoption Petition. 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 youth.

(13)

Decree of Adoption. If the Court grants the petition for adoption, the decree shall include:

(a)

Such facts as are necessary to establish the youth is available for adoption, and that

the adoptive home and parents are adequate and capable of providing proper care

of the youth;

(b)

A provision that the Bureau of Vital Statistics of the state where the child was born

and the Bureau of Indian Affairs shall be notified of the adoption and a certified

copy of the decree shall be mailed to those offices; and

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(c)

That such adoption remain temporary for one year from date of entry of such

decree, and shall become permanent at the expiration of the one-year period;

(d)

A provision changing the legal name of the person adopted may be included.

(14)

Effect of Decree of Adoption. A decree of adoption has the following effect: It creates the

relationship between the adopted person and the petitioner and all relatives of the petitioner

that would have existed if the adopted person were a legitimate blood descendant of the

petitioner. 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.

(15)

Adoption Records. All records, reports, proceedings, and orders in adoption cases are

confidential and shall not be available for release or inspection. Information contained in

such records may be released upon petition to the Tribal Court by the adopted person after

reaching legal majority. However, information may be released as necessary to amend the

child's birth certificate.

(16)

Cultural Contacts. The Adoptive Parents shall be encouraged to help the child maintain

positive relationships with the biological family and the Tribe. However, the adoptive

parents shall have the exclusive right and power to decide terms, if any, of visitation by

any person with the youth.

TRUANCY POLICY AND PROCEDURES

§ 4.01.330 Title

This chapter shall be known as the Hoh Truancy Code.

§ 4.01.340 Statement of Policy and Purpose

It is the policy of the Hoh Tribe of Indians to maximize the attendance of school by minor

children in the Tribal Community by prohibiting unexcused absences and excessive excused

absences from school and by invoking progressive civil penalties against repeatedly truant

students and, where appropriate, against their parent(s) or guardian(s).

§ 4.01.350 Jurisdiction

(1)

The provisions of this Truancy Code apply to enrolled tribal members who are required by

Washington State law to attend school and to their parent(s) or guardian(s) as necessary to

enforce the provisions of this Truancy Code.

(2)

This Truancy Code applies to the fullest extent allowed by applicable law.

§ 4.01.360 Authority of the Tribal Business Committee

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Amended: 09/03/2024

(1)

The Hoh Tribal Business Committee is the Governing Body of the Hoh Tribe of Indians

by the authority of the Constitution and Bylaws of the Hoh Tribe as approved and adopted

by the General Body and the Secretary of the Interior.

(2)

The Hoh Tribal Business Committee has been entrusted to provide for the social, health,

and economic well being of its members.

(3)

Except as may be otherwise provided by tribal law, all authority to regulate the school

attendance of enrolled tribal members and to carry out and enforce the provisions of this

Code and the regulations adopted hereunder, shall be vested in the Tribal Business

Committee, which may delegate its authority to the ICW department, Education

department and/or Tribal Law Enforcement.

§ 4.01.370 Enforcement

The ICW department, Education department and Tribal Law Enforcement officers are authorized

to investigate and enforce suspected violations of this Code.

§ 4.01.380 Severability

Should any of the provisions of this Code, or its application to any person or circumstance, be

held or ruled invalid or unconstitutional, the remainder and its application to other people and

circumstances shall not be affected.

§ 4.01.390 Violations

It shall be considered a truancy violation to fail to comply with any provision of this Code that

is worded in terms "no person shall," "no one may," "a person must," "it is unlawful to" or other

similar language.

§ 4.01.400 Attendance Requirement

Every child under eighteen (18) years of age must be enrolled in the public school of the district

in which the child resides, a private school, or an approved home school program, and must

comply with the attendance requirements of that school or home school program, unless the child

is exempted from attendance requirements under applicable law. Regardless of the attendance

requirements of the appropriate school or home school program, the determination that a student

is truant shall be made in accordance with the terms of this Code.

(1)

Each day in which a child fails to enroll as required by this section shall constitute an

unexcused absence.

(2)

A failure to attend which is excused by the particular school shall be considered an excused

absence under this Code.

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(3)

A failure to attend which is not excused by the particular school shall be considered an

unexcused absence under this Code.

(4)

When a child has been charged with failure to attend school (see § 4.01.420), or has failed

to meet any Court-ordered penalties and/or conditions pursuant to such a charge, during

any rolling two-year period, all subsequent absences shall be deemed unexcused unless

accompanied by a note from a licensed physician or other health care provider. Absences

as a result of a death in the child's immediate family, sickness of a dependent, or other

emergency situations may also be deemed excused with appropriate written

documentation.

(5)

Any student who has either five unexcused absences in any calendar month, or ten (10)

unexcused or twenty (20) excused absences accumulated throughout the school year,

whichever comes first, shall be considered truant under this Code.

§ 4.01.410 Procedures for Intervention in Matters of Truancy

(1)

The ICW and/or Education Department ("department(s)") shall implement procedures, as

adopted by the Tribal Business Committee, for intervention in matters of truancy.

(2)

The department(s) shall, from time to time, suggest appropriate revisions or amendments

to the procedures for consideration by the Tribal Business Committee.

(3)

Any student who is truant under this Code, and the parent(s) or guardian(s) of such student,

shall be subject to the intervention procedures through which the department(s)

implement(s) this Code.

§ 4.01.420 Failure to Attend School

Any student who is truant under this Code may be charged with "Failure to Attend School" upon

his or her fifth unexcused absence in any calendar month, or upon his or her tenth (10th)

unexcused or twentieth (20th) excused absence in any one school year. After being charged with

failure to attend school under this section, a student may be charged separately under this section

upon each subsequent absence.

(1)

Upon a charge of failure to attend school, a citation shall be issued and both the truant child

and his/her parent(s) or guardian(s) shall be called into Court.

(a)

In the case of any child under the age of twelve (12) years, a citation shall be issued

to the parent(s) or guardian(s). At the discretion of the department, a citation may

also be issued to the child.

(b)

In the case of any child age twelve (12) years or older, the citation will be issued to

both the child and the parent(s) or guardian(s).

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(c)

(2)

The department shall have discretion to issue a citation calling into Court only the

parent(s) or guardian(s) of a child charged with failure to attend school where either

the ICW or Education department determines that attending Court would be

harmful to the child.

Penalties and Conditions.

(a)

Every charge of failure to attend school, and every failure to meet conditions set by

the Court pursuant to a charge of failure to attend school, shall result in mandatory

penalties and/or conditions. Penalties and conditions should be progressive, so that

subsequent charges or failures to meet conditions within any rolling two-year

period result in penalties more severe than prior charges for the same period.

(b)

The Tribal Court shall have the flexibility to assign penalties and conditions

consistent with the enforcement abilities of the Tribe and the circumstances of the

child, parent, and/or guardian. These penalties and conditions include, but are not

limited to, any one or more of the following:

(i)

(ii)

Penalties Administered by the ICW/Education Department(s):

(A)

Mandatory tutoring;

(B)

Weekly and/or daily school progress reports with copies to parent(s)

or guardian(s);

(C)

Mandatory parent/guardian conference(s) with the school;

(D)

Mandatory counseling as appropriate for the parent(s), guardian(s)

and/or student;

(E)

Monthly and/or weekly contact with the Hoh Tribe's school

counselor;

Penalties Administered by Tribal Law Enforcement:

(A)

Fines (Refer to penalty § 4.01.510, below);

(B)

Community service;

(C)

House arrest;

(D)

Electronic monitoring;

(E)

Juvenile detention.

§ 4.01.430 Contributing to the Delinquency of a Minor.

Enacted: 09/12/2010

41

Amended: 09/03/2024

(1)

The parent(s) or guardian(s) of any student who is charged with failure to attend school

under this Code shall be charged with contributing to the delinquency of a minor. Upon a

charge of contributing to the delinquency of a minor, a citation shall issue and the truant

child's parent(s) or guardian(s) shall be called into Court.

(2)

Penalties and Conditions.

(a)

Every charge of contributing to the delinquency of a minor, and every failure to

meet conditions set by the Court pursuant to a charge of contributing to the

delinquency of a minor, shall result in mandatory penalties and/or conditions.

Penalties and conditions should be progressive, so that subsequent charges, related

to the truancy of one or more children, or failures to meet conditions, within any

rolling two-year period result in penalties and/or conditions more severe than prior

charges for the same period.

(b)

The Tribal Court shall have the flexibility to assign penalties and conditions

consistent with the enforcement abilities of the Tribe and the circumstances of the

child, parent, and/or guardian. These penalties include, but are not limited to, the

following:

(i)

(ii)

Enacted: 09/12/2010

Penalties Administered by the ICW/Education Department(s):

(A)

Participation in the child's Court-ordered tutoring;

(B)

Mandatory parent/guardian conference(s) with the school;

(C)

Mandatory counseling as appropriate;

(D)

Review and sign progress reports from the school;

(E)

Monthly and/or weekly contact with the Hoh Tribe's school

counselor;

(F)

Provide other support for child's compliance with all Court orders

related to truancy as appropriate;

Penalties Administered by Tribal Law Enforcement:

(A)

Fines (Refer to penalty § 4.01.510, below);

(B)

Community service;

(C)

House arrest;

(D)

Electronic monitoring;

42

Amended: 09/03/2024

(E)

Detention.

CURFEW CODE

§ 4.01.440 Title

This title shall be known as the "Hoh Curfew Code."

§ 4.01.450 Purpose

For the protection of the children and others in the tribal community, it is the policy of the Hoh

Tribe to minimize the presence of unsupervised children on the streets in the evening hours.

§ 4.01.460 Jurisdiction

The provisions of this chapter apply to all youth and their parents and/or guardians on lands

within the jurisdiction of the Hoh Tribe.

§ 4.01.470 Authority of Tribal Business Committee

The Hoh Tribal Business Committee is the governing body of the Hoh Tribe of Indians by the

Authority of the Constitution and Bylaws of the Hoh Tribe as adopted by the General Body and

approved by the Secretary of the Interior.

§ 4.01.480 Enforcement

Tribal Law Enforcement Officers are authorized to investigate and enforce suspected violations

of this chapter.

§ 4.01.490 Violations

It shall be considered a curfew violation to fail to comply with any provision of this chapter.

§ 4.01.500 Definitions

The following terms, whenever used or referred to in this chapter, shall have the following

respective meanings, unless a different meaning clearly appears from the context:

(1)

"Curfew" means a time in the evening beyond which children may not appear on the

streets if not under parental control The curfew applies as follows:

(a)

(b)

Ages 0-7 always under adult control;

Ages 8-12 9:00 p.m. on school nights; 10:00 p.m. on non-school nights;

Enacted: 09/12/2010

43

Amended: 09/03/2024

(c)

Ages 13-15 10:00 p.m. on school nights; 11:00 p.m. on non-school nights;

(d)

Ages 16-17 10:00 p.m. on school nights; 12:00 midnight on non-school nights.

(2)

"Adult control" means the direct supervision by a parent, guardian, or other designee

aged eighteen (18) or older of the parent or guardian.

(3)

"School night" means any night before school.

§ 4.01.510 Penalties and Conditions

The following penalties and conditions shall apply to violations of this chapter:

(1)

First Offense.

AGE

0–7

8 – 12

13 – 15

16 – 17

(2)

FINE

$25.00

$25.00

$25.00

$25.00

$25.00

$25.00

CHARGE

Parent(s)/guardian(s) charged with failure to supervise

Parent(s)/guardian(s) charged with failure to supervise

Parent(s)/guardian(s) charged with failure to supervise

Child charged with curfew violation

Parent(s)/guardian(s) charged with failure to supervise

Child charged with curfew violation

FINE

$50.00

$50.00

$50.00

$50.00

$50.00

$50.00

Second Offense.

AGE

0–7

8 – 12

13 – 15

16 – 17

(3)

CHARGE

Parent(s)/guardian(s) charged with failure to supervise

Parent(s)/guardian(s) charged with failure to supervise

Parent(s)/guardian(s) charged with failure to supervise

Child charged with curfew violation

Parent(s)/guardian(s) charged with failure to supervise

Child charged with curfew violation

Third and Subsequent Offense(s).

AGE

0–7

8 – 12

13 – 15

16 – 17

Enacted: 09/12/2010

CHARGE

Parent(s)/guardian(s) charged with failure to supervise

Parent(s)/guardian(s) charged with failure to supervise

Parent(s)/guardian(s) charged with failure to supervise

Child charged with curfew violation

Parent(s)/guardian(s) charged with failure to supervise

Child charged with curfew violation

44

FINE

$100.00

$100.00

$100.00

$100.00

$100.00

$100.00

Amended: 09/03/2024

Fees may be paid through community service or be taken out of the parent and/or child's per

capita payment if not made within 60 days of being assessed by the Court.

EMANCIPATION

§ 4.01.520 When Permitted

The Youth Court may declare a youth emancipated either pursuant to a Petition for

Emancipation, or as a dispositional alternative if the youth:

(1)

Wishes to be free from parental control and protection and longer needs that control and

protection; or

(2)

Is a Youth-In-Need-Of-Care as defined by this Code and the youth meets all of the

requirements set forth in § 4.01.530, below.

§ 4.01.530 Eligibility

A youth is not eligible for emancipation unless he or she:

(1)

Is at least sixteen (16) years of age;

(2)

Is self-supporting;

(3)

Understands the consequences and responsibilities that result from being free from parental

control and protection; and

(4)

Demonstrates fulfillment of requirement § 4.01.530(3) above by presenting to the Court an

acceptable plan for independent living.

§ 4.01.540 Petition

The Petition for emancipation shall contain:

(1)

The name, date of birth and address of the youth;

(2)

The name and address of each living parent, guardian or custodian;

(3)

The reasons why emancipation would be in the best interests of the youth; and

(4)

Why emancipation is sought.

§ 4.01.550 Consent of Parent(s), Guardian(s) or Custodian(s)

The youth must obtain the consent of each living parent, guardian or custodian having control

over the person and/or property of the youth. If the person who is to consent to the petition is

Enacted: 09/12/2010

45

Amended: 09/03/2024

unavailable or his or her whereabouts are unknown, or if a parent or guardian or custodian

unreasonably withholds consent, the Court, acting in the best interests of the youth, may waive

this requirement.

§ 4.01.560 Guardian ad Litem

Prior to entry of any order of Emancipation, the Court may appoint a Guardian ad Litem for the

youth to represent his or her interests before the court.

§ 4.01.570 Authority of Emancipated Youth

Emancipation may be for either general or limited purposes. Except for specific constitutional

and statutory age requirements for voting, military service and use of alcoholic beverages, a youth

for general purposes has the power and capacity of an adult. This includes but is not limited to

the following:

(1)

The right to be domiciled where he or she desires;

(2)

The right to receive and control all earnings;

(3)

The capacity to sue and be sued; and

(4)

The capacity to contract.

Enacted: 09/12/2010

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Amended: 09/03/2024

Exhibit A

What is Child Abuse or Neglect?

Child abuse or neglect means the injury, sexual abuse, sexual exploitation, negligent treatment,

or maltreatment of a child under circumstances which indicate that the child's health, welfare,

and safety is harmed. An abused child is a child who has been subjected to child abuse or neglect

as defined in this section.

(1)

Physical abuse means the non-accidental infliction of physical injury or physical

mistreatment on a child. Physical abuse includes, but is not limited to, such actions as:

(a)

Throwing, kicking, burning, or cutting a child;

(b)

Striking a child with a closed fist;

(c)

Shaking a child under age three;

(d)

Interfering with a child's breathing;

(e)

Threatening a child with a deadly weapon;

(f)

Doing any other act that is likely to cause and which does cause bodily harm greater

than transient pain or minor temporary marks or which is injurious to the child's

health, welfare and safety.

(2)

Physical discipline of a child, including the reasonable use of corporal punishment, is not

considered abuse when it is reasonable and moderate and is inflicted by a parent or

guardian for the purposes of restraining or correcting the child. The age, size, and condition

of the child, and the location of any inflicted injury shall be considered in determining

whether the bodily harm is reasonable or moderate. Other factors may include the

developmental level of the child and the nature of the child's misconduct. A parent's belief

that it is necessary to punish a child does not justify or permit the use of excessive,

immoderate or unreasonable force against the child.

(3)

Sexual abuse means committing or allowing to be committed any sexual offense against a

child as defined in the criminal code. The intentional touching, either directly or through

the clothing, of the sexual or other intimate parts of a child or allowing, permitting,

compelling, encouraging, aiding, or otherwise causing a child to engage in touching the

sexual or other intimate parts of another for the purpose of gratifying the sexual desire of

the person touching the child, the child, or a third party. A parent or guardian of a child, a

person authorized by the parent or guardian to provide childcare for the child, or a person

providing medically recognized services for the child, may touch a child in the sexual or

other intimate parts for the purposes of providing hygiene, child care, and medical

treatment or diagnosis.

Enacted: 09/12/2010

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Amended: 09/03/2024

(4)

(5)

Sexual exploitation includes, but is not limited to, such actions as allowing, permitting,

compelling, encouraging, aiding, or otherwise causing a child to engage in:

(a)

Prostitution;

(b)

Sexually explicit, obscene or pornographic activity to be photographed, filmed, or

electronically reproduced or transmitted; or

(c)

Sexually explicit, obscene or pornographic activity as part of a live performance,

or for the benefit or sexual gratification of another person.

Negligent treatment or maltreatment means an act or a failure to act on the part of a child's

parent, legal custodian, guardian, or caregiver that shows a serious disregard of the

consequences to the child of such magnitude that it creates a clear and present danger to

the child's health, welfare, and safety. A child does not have to suffer actual damage or

physical or emotional harm to be in circumstances which create a clear and present danger

to the child's health, welfare, and safety. Negligent treatment or maltreatment includes, but

is not limited, to:

(a)

Failure to provide adequate food, shelter, clothing, supervision, or health care

necessary for a child's health, welfare, and safety. Poverty and/or homelessness do

not constitute negligent treatment or maltreatment in and of themselves;

(b)

Actions, failures to act, or omissions that result in injury to or which create a

substantial risk of injury to the physical, emotional, and/or cognitive development

of a child; or

(c)

The cumulative effects of consistent inaction or behavior by a parent or guardian

in providing for the physical, emotional and developmental needs of a child's, or

the effects of chronic failure on the part of a parent or guardian to perform basic

parental functions, obligations, and duties, when the result is to cause injury or

create a substantial risk of injury to the physical, emotional, and/or cognitive

development of a child.

This excerpt from Washington Administrative Code 388-15-009 is utilized to help provide

guidance for our community, law enforcement, and our judicial system. This guidance in no way

waives or weakens the sovereign immunity of the Hoh Tribe of Indians.

Enacted: 09/12/2010

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Amended: 09/03/2024

Exhibit B

Safety Assessment

Instructions for Indian Child Case Manager: If any of the following eight questions responds with

a "Yes" the child is at risk of serious and immediate harm which could result in death, life

endangering illness, or injury requiring medical attention, or result in traumatic emotional harm

or severe developmental harm which could have lasting effects on a child's well being. A "yes"

answer means the information available to the manager suggests or demonstrates the statement

is probably true and has supporting information. This assessment should be completed

immediately following the initial face to face contact with the child and documented for our Hoh

Tribal Court.

1. Has there been an incident of high-risk physical abuse, sexual abuse or neglect of

any child in the family in the last 90 days (consider the referral)?

2. Does a caretaker of any child within the family or a person with frequent access to

the child have a history of serious violence toward children, history of sexual abuse

of children, or a history of exploitation of children?

3. Is there a pattern of neglect/ incidents involving any child in the family, which is

escalating in severity?

* Although this question is primarily concerned with Child Abuse and/or Neglect related

incidents, the manager is reminded not to discount a series of injuries that may have

been labeled "accidents" but which continue to escalate in severity.

4. Have there been dangerous acts (including severe domestic violence), omissions or

plausible threats by a caretaker or person with frequent access to the child that have

placed the child at risk of serious harm in the last 90 days (consider current referral)?

* Adjudication is not required. Consider offenses involving substance abuse, gangs, and

other actions that may be considered "child endangering".

5. Is there a caretaker whose judgment, impulse control, reality contact, and /or ability

to parent is severely impaired at the present time due to substance abuse, mental

illness, developmental delay or other condition?

* This determination relies mostly on observation and/or input from credible sources

including friends and family members.

6. Is there an individual with frequent access to the child who is a Registered Sex

Offender or who has been convicted of a felonious assault in the last five years?

Enacted: 09/12/2010

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Amended: 09/03/2024

7. Does the child express fear of people living in or frequenting the home?

* Such fear must relate to a real likelihood of Child Abuse and/or Neglect in the near

future and /or retaliation by the caretaker for the child's cooperation with Indian Child

Welfare Office, Child Protection Services, Law Enforcement and etc.

8. Is there any other concern that places a child in this home at risk of

serious and immediate harm? If so what is it?

* This question is intended to allow the manager to include any dangerous situations,

actions, and/or omissions that are not addressed in the previous questions.

9. Has a "Family Group Conference" made a contract on how to help the

child and family? If so what is the contract or plan?

Enacted: 09/12/2010

50

Amended: 09/03/2024

Exhibit C

Yearly Guardianship Progress Report

Childs Name:

Placement/Guardianship Family Name:

Date of Placement:

*Yearly Guardianship Progress Report Is due the Indian Child Welfare Supervisor 30 days

prior to the annual date of guardianship.

From:

To:

Medical/Dental/ Vision/ Mental Health

Directions: Summarize visit if professional seen this year

Doctor Name:

Address:

Phone:

Dentist

Name:

Address:

Phone:

Optometrist

Name:

Address:

Phone:

Mental Health Providers Name:

Address:

Phone:

Hygiene:

This year have you observed any issues you maybe be facing concerning hygiene.

(Bathing, brushing teeth, clean clothes, etc)

Enacted: 09/12/2010

51

Amended: 09/03/2024

Peer Relations:

How did your youth relate to other his/her own age this year? Does he/she participate well in

organized play or sports? Does he/ she have many friends? How does your child get along with

siblings in the home or other family members children outside the home, (example cousins)?

Please be specific.

School:

Did your child have difficulties in school this year? Where there any school academic concerns

mention to you (reducing report card surprises)? Does your child respect school Staff? Does

your student find it difficult to concentrate on school work? Please indicate any concerns you

may be having.

Nutrition:

Is your child eating a balanced diet with you? Do you have trouble getting your child to eat or

perhaps feel your child over eats or hordes food? Please describe any concerns you may have.

Behavioral:

What types of daily behavioral issues are you facing? Why do you think your child is doing this?

What measures have you taken to try to correct the problem? Please be as specific as possible

and include examples when possible. Have you filed any incident reports with Hoh ICW when

this behavior has become a problem? AND What positive things have your youth accomplished

his year?

Independent

Living

Skills:

Does your child demonstrate that he or she can be entrusted to function independently for short

periods of time? For example: Does not need to be told to brush teeth, can make a snack without

needing assistance.

Visitation: If there was a visit(s)- how did your youth respond to his/her visit(s) this year? Did

he/she appear to behave or react differently with different biological parents?

Participation In Cultural Events/Activities:

Enacted: 09/12/2010

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Amended: 09/03/2024

Other comments or concerns:

Enacted: 09/12/2010

53

Amended: 09/03/2024