CH ILDlFAIvl tLY ASSISTANCE CO D E

Tribal code

Ask Donna

What actually matters in this document.

Text

TITLE 14

HOOPA VALLEY TRIBE

CH ILDlFAIvl tLY ASSISTANCE CO D E

CHAPTER 1 GENERAL PROVISIONS

14.1.01, Short ?itle

Title 14 ls entitled "The Hoopa Valley Tribe Chlld Protection/Family Assistance Code".

14.L.O2. Pgrpose

The purpose of this Title is to ensure the provision of necessary legal protections and

tribal assistance to lamilies to preserve and strengthen them during tirnes of

difficulty. The Hoopa Valley Tribe recognizes that families are the core of the

community, and that strengthened families result in a stronger community.

Furthermore, this code is enacted to strengthen and.reaffirm the inherent right of

the Hoopa Valley Tribe to regulate the conduct of lts members and persons who

consent to its jurisdictlon by being physically present within the boundarles of the

reservation.

The child/fiarnily assistance code shall be liberally interpreted and construed to fulfill

the following expressed purposes:

To provide for the welfare, care and protection of the children and

families on the Hoopa Valley Indian Reservauon;

To preserue unity of the family, preferably by separating the child from

his parents only when necessary;

To take such actlons as rnay be necessary and feasible to prevent the

abuse, neglect or abandonment of children;

To provide a continuum of services for children and their families with

emphasis whenever posslble on prevention, early intervention and

com rnun ity-based alternatlves;

To secure the rights of and ensure fairness to the children, parents,

guardians, custodlans or other partles who come before the children's

court under the provisions of thls code;

To recognize and acknowledge the trlbal customs and tradigons of the

Hoopa Valley Tribe wfth regard to chlld-rearing.

14.1.04 Construction

Chapter 1 through Chapter 23 shall be exernpted from the rules of strict

construction and shall be liberally construed to give full effect to the objectives and

purposes for which they were enacted. The terms and provisions of Chapter 1

through Chapter 23 shall be construed according to the fair import of their terms,

but when the language is susceptible to differing construction. it shall be interpreted

to further the general purposes stated in this ChaPter. Where a term is not deflned

hereln, it shall be given its ordlnary meanlng. Any reference to "he,' 'him' or other

masculine terms shall include male and female persons, Any reference to a singular

term includes the plural. "Shall" is mandatory and "may" is dlscretionary

14.1.O5 Definitions

(a) "Abandon": The failure ofthe parent, guardian or custodian to provide

reasonable support and to maintain regular contact wlth a chlld. Fallure to malntaln

a parental relationship with the child without just cause for a period of six (6)

months constitutes a prima facie evidence of abandonment. Custody with extended

famlly members or voluntary consent to placement does not constitute

abandonment unless:

(1) the parent has violated the original care agreement and is presently unable or

unwllling to comply with the terms of that agreement and the care provlder is no

longer or able to provide care for the child; or

(2) the parents whereabouts are unknown, desptte good faith efforts to locate lhe

parent, and the appointed caretaker is no longer able or willing to ca re for the

child(ren).

A custodial parent's incarceration will not lead to an abandonment case, if the

parent can make appropriate arrangements for the child's care,

(b) "Abuse": The infliction of physical, emotlonal or mental injury on a child,

which lncludes where the child is sufferlng serlous emotlonal damage, or is at

substantial risk of suffering serious emotional damage, evidenced by severe anxiety,

depression, wlthdrawal, or unusually aggressive behavior toward self or others, as a

result of the conduct of the parent or guardlan or who has no parent or guardian

capable of providing appropriate care.

(c)'Adult"; A person 1E years of age or older, or otherwise emancipated by order

of a court of competent jurisdlction.

(d) "Child": A person who is less than 18 years old and has not been emancipated

by order of a court of competent Jurisdiction.

(e) "Court" or "Children's Court': The Chlldren's Court of the Hoopa Valley Tribe.

(O "custodian": A person, otfier than a parent or guardian, to whom legal sustody

of the child has been given.

(g) "Domicile': A person's permanent home, legal home or main residence. The

domlclle of a child is generally that of the custodial parent or guardian. Domicile

Includes the lntent to establish a perrnanent home; or where the parent or guardian

conslders thelr permanent home.

(h) "Emergency Foster Home": Placement with a family whose home has been

licensed to accept emergency placements of children at any hour of the day or night

(see nFoster Home').

(i) 'Extinded Famity": Defined according to the tribal customs and traditions of

the Hoopa Valley Tribe.

(j) 'Family Maint€nance Services" Servlces provide to a family by the Tribe or

other govemmentai enflty in order to tnaintain the child ln the home Family

maintenance servlces are available without regard to income to any of the following:

(1) Families whose child or children have.been adjudicated abused, neglected,

or abandoned, and where the court has ordered the supervision Children and

Family Servlces while the child remains ln the chlld's home.

(2) Families whose child is in potentlal danger of abuse, neglect, or

abandonment, who are willing to accept servlces and particlpate in corrective

efforB, and where It is safe for the chlld to remaln ln the child's home only

with the provision of seruices.

(3) Famllies in which the child is in the care of a previously noncustodlal

parent, under the supervision of the juvenile court.

(k) "Family Plan" a document that llsts the services to be provided by the Tribe,

and the responsibllltles of a parent or guardian, The plan must be substantlally

completed ln order for a case flled under thls code to be dismissed.

(l) "Foster Home": Placement with a famlly whose home has been llcensed under

chapter 19 of this code.

(m) "Fo8ter Home Inspector': A person appointed by the Tribal Council to

inspect and license foster homes under chapter seven of thls code.

(n) "Guardlan": A person assigned by a court of law, other than a parent, having

the duty and authority to provide care and control of a child (see "Permanent

Guardlan," 'Temporary Guardian," 'Guardlan Ad Lltem," and "Guardian of

Property'),

(o) "Guardian Ad Litem": A person appolnted by the court to represent the

child's interests before the court.

(p) "Indian": Any member of a federally recognized Indlan tribe. band or

community, or Alaska Natives, or a person considered by the community to be

Indian.

(q)'Least Restricfive Alternative": Whenever it ls necessary to protect an

individual, the least restrictive method of intervention must be used to protect the

freedom and independence of the person. The least restrictive alternative ls that

environment which is the most like the person's home settlng and which is most

capable of supporting the protected person's physical and mental health and

emotional being.

(r) "Neglect": The failure or refusal of the parent, guardian or custodlan to provide

reasonably adequate food, clothlng, shelter, medical care, education or supervision

for the chlld's health and well-being, or the failure or refusal of a parent to protect a

child from abuse or mistreatment that the parent knew of or should have known of.

(s) "Parent': Includes a nafural or adoptlve parent, but does not include persons

whose parental rights have been terminated, nor does it lnclude the unwed father

whose paternity has not been acknowtedged or established.

(t) "Permanenqy Plan": The long term placement plan for a child who has been

found wlthln the Jurisdiction of the court because of abuse or neglect,

(u) *Permancnt Placem€nt Seryic€E" Services provided by Children and Family

Servlces, or another governmental agency, to children who cannot safely llve wifh

their parents and are not likely to return to their own homes. Permanent placement

senrices are available without regard to income to chlldr€n have been adjudicated

abused, neglected, or abandoned under this code and the court has determined that

reunification, adoptlon, or guardianship is inappropriate.

(v)'Physical Abuse": The non accidental infliction of serlous physical harrn on a

child. The court may find there is a substantial risk of serious future injury based on

the manner in which a less serious Injury was inflicted, a hlstory of repeated

lnflictions of injuries on the child or the child's siblings, or a combination of these

and other actions by the parent or guardian which indicate the child is at rlsk of

serious physica I harm.

(w) "Permanent Guardian": A guardian who has been granted long term

guardianship status as set forth in chapter 22 of thls code. This is a judicially created

relationship betwe€n child and caretaker which ls intend€d to be permanent and self

sustaining, as evldenced by the transfer to the caretaker of the following parental

rtghts with respect to the child: protection, education,, care and control of the

person, custody of the person, and declsion making.

(x) "Protective Services worker": The social servlces worker, law enforcement

personnel or any person who performs tle duties and responsibilities set forth in

section 14.2.04 of this code.

(y) "Res€n ation": The Hoopa Valley Indian Reservaton.

(z) "Reunification Sewices" Services provided to a family by the trtbe to reunite

the child separated from his or her family because of abuse, neglect or

abandonment. Reunlficauon services are available without regahd to income where

the child or children have been adjudicated abused, neglected, or abandoned under

thls code, and where the court has ordered Children and Family Servlces to

supervlse the reunification efforts of the famtly. Family reuntficauon services wlll

only be provlded when a child has be€n placed In out.of-home care, or is in the care

of a previously noncustodial parent under the supervision of the juvenile court.

When a mlnor has been placed in foster care with a nonparent, family reunification

services may be provid€d to one or both parents.

(aa) *Scxual abuse": Means any of the fol,owing:

(1) Any penetration, however slight, ofthe vagina or anal openlng of one person by

the penis of another person, whether or not there Is the emission of semen;

(2) Any sexual contact between the genitals or anal opening of one person and the

mouth or tongue of another person;

(3) Any lntruslon by one person into the genitals or anal opening of another pei-son,

includlng the use of any object for this purpose, except that, it does not tndude acts

performed for a valid medlcal purpose;

(4) The intenttonal touching 0r the genlrals or Intimate parts (including the breasts.

genital area, groin, inner thighs, and buttocks) or the clothing covering them, of a

child, or of the perpetrator by a chlld, for purposes of sexual arousal or gratification,

except that, it does not include acts whlch may reasonably be construed to be

normal caretaker responslbllltles; interactlons with, or demonstrations of affection

for, the child; or acts performed for a valld medlcal purpose;

(5) the taking of photographs or use of other medla for presenrhg images of any of

the above acts andlor the reproduction, sales, or other distribution of Images of any

of the above described acts

(bb) 'Sub,stanUated Reporf': A report of chlld abandonment, abuse, or neglect

that has been investlgated and after lnvestigation it appears to the investlgator that

there [s probable cause to believe the allegatlons are true.

(cc) "Temporary Guardianship": A guardian who has been granted temporztry

guardianship status as set forth h chapter 22 of this code.

(dd) -Trlbal Council": The Tribal Council ofthe Hoopa Valley Tribe.

(ee) "Unsubstantiated Reporf': A report of child abandonment, abuse, or

neglect that has been Investigated and after investigation it appears to the

investigator that there is no probable cause to believe the allegations are true.

(ff) "Voluntary Placemenf means an out-of-home placement of a minor, by or

with participation of a Trlbal or state agency, after the parenG or guardians of the.

minor have requested the assistance of the agency and signed a voluntary

placement agreement.

(gg) "votuntary Placcment Agre€menf means a written agreement, binding on

the barties to the aqreement, between the Tribal or State agency, or any other

agency acting on its behalf, and the pa rents or guardians of a minor child which

specifies, at a mlnimum, the legal status of the child and the rights and obllgatlons

of the parents or guardlans, the child, and the agency whlle the chlld is in

placement,

14.1.O5 !urisdiction

(a) General

thL Court has jurisdiction on all proceedings under this Title over child or lamlly

asslstance situations occurrlng within the extemal boundarles of the Hoopa Valley

Reservation to include guardianships, voluntary or court ordered, chlld

abandonment, abuse or neg lect as defined by this code, and the emancipation of

minors. The Jurlsdlctlon of the family court is civil in nature and includes the right to

issue all orders necessary to insure the safety of the family, especially children,

within the exterior boundaries of the Hoopa Valley Reservation'

(b) Pet1sonal

(1) Children

The family court has jurisdlction over the following persons who are alleged to have

been, or who have been determined to have been, abandoned, abused, or

neglected, as defined in section 14.1.05 abover

(A) Any Indian child who resldes or is domlciled within the exterior boundaries

of the Hoopa Valley Reservation who has been qbandoned, abused, or

neglected, as deflned ln Section 14.1.05 above, or the slbling of such a child;

(B) Any Indlan child who resides or is domiciled within the exterior boundaries

of the Hoopa Valley Reservation whose siblings have been abandoned, abused

or neglected as defined ln sectlon 14.1,05 above, lf the court finds that the

chlld ls at substantlal rlsk to be abandoned, abused or neglected. The court

shall consider the circumstances surroundlng the abuse or neglect of the

sibling, the age and gender of each child, the nature of the abuse or neglect

of the sibling, the mental condition of the parent or guardian, and any other

factors the court considers probative in determining whether there is a

substantial

rlsk to the child;

or transfer to Tribal Court, under the Indian Chlld Welfare Act

(D) Any child who is a member of the Hoopa Valley Trlbe, or eligible for

membership in the Hoopa Valley Tribe, who seeks emancipation

(2) Other oersons

In addltlon, the Family court has Jurisdlctton over the fotlowing indlviduals:

(A) Immediate and Extended family members, or legal custodlans or

guardians, of a child descrlbed in (a) above, provlded those family members

either llve wlth the external boundarles of the Hoopa valley reservation, or

voluntarily submlt to the personal jurisdlction of the court. Such jurlsdlcflon

Includes but is not llmited to the power to compel attendance at court or

other proceedings related to the disposition of a child's case, or impose

restrlctions, conditions and requirements relating to the care, guardianshlp,

custody andlor control of a chlld, and/or to punish the adult for contempt of

court,

(B) Any off-reservation person or agency. whether Indian or non-Indlan, who

has consented to the personal Jurlsdiction of the court. As a precondition of

obtaining or retalnlng the custody or guardianship of a child pursuant to this

Code anyone who resides off reservatlon must execute a consent form

consenting to the personal Jurisdiction of the Family Court..

Once the Family Court obtains Jurisdiction over family member or a youth, the court

retains jurisdiction over children and th€lr extended famtlles who leave the exterior

boundaries of the reservatlon, unless declined by the court or by automatic

termlnation in the followlng cases:

1. The case is dismissed by the Court; and/or

2. The chlld turns eighteen (18) years of age

The court retains Jurisdiction to collect arrearages.of support owed by parents In any

case where Jurisdiction is automatically termlnated.

L4.'..O7 DECIJNE OF JURISDICTION

(a) Grounds

The Tribal Court may decline to exerclse its jurisdiction If it finds any of the following

exlst:

(1) Another court has the jurisdiction to hear the case and it would be more

convenlent for the partles than the Trlbal Court;

(2) One or more of the paftles is not a person over whom the Tribal Court may

pFoperly exercise lts Jurlsdiction; or

(3) The Hoopa Valley Tribe cannot provide necessary and needed services to the

family or child.

(b) Procedure

The Dlvislon of Hurnan Services, or the parent; guardian, or child can bring a wrltten

motion to dismiss based on the tribe's inability to provide necessary and needed

services. The Motion to Dismiss must state:

(1) what seruices have been offered; and

(Z) what services are still needed but not available; and

(3) the factual reasons the services are needed; and

(4) the factual reasons the serylces are unavailable.

14.1.08 TRANSFER OF JURISDICTION

(a) Application of the Indian Child Welfare Act

The procedurat requlrements in the Indlan Child Welfare Act,25 U.S.C. 1901-1963,

are not be bindlng upon the Chlldren's Court unless specifically provlded for in this

code.

(b)Transfer to State Court or Other Tribal Court

In any proceeding before the chlldren's court, the court may transfer the

proceedings to an appropriate State Court or another Tribal Court where the state or

the other Indian Tribe has a signiflcant interest ln the child and the transfer would

be in the best interest of the child. If the chlld is known to be, or dlscovered to be,

an enrolled member of another tribe, the case worker must contact the child's tribe

to determine if additional seryices are available to the chlld through his tribe. If the

services avallable through the chlld's trfbe are befter sulted to address the child's

needs. the case worker, either parent, or the chlld's legal representative may flle a

petition for transfer to the other Court.

(c)Transfer from Other Courts

The children's court may accept or decline, under the procedures set forth in this

code, transfers of child welfare cases frorn other Federal, State or Tribal Courts.

(1) Recetp! of N.otice

The Trlbal agent for service of notice of state court chlld custody proceedings, as

defined by the Indian child Welfare act, ls the Director of Human Servlces. The

Court clerk will provide the Director with a copy of any notice of a potential transfer

case received directly by the Court.

(2J Investigation and Prg-Tmnsfer Report by Hunrpn Services

Upon notice of a request for transfer from another coult, the Division of Human

Services rnust conduct an investigation and file a writEen report with the Tribal Coutt

within five (5) days'of the recelpt of notice. The report must assess whether or not

the Tribe can provide adequate services to the parties,

(3) Recommendations for Transfer or Intervenlion

Wlthin five (5) days of the receipt of the Human Servlces report, the Children's

Court will make a written finding as to whether or not the transfer would be

dekimental to the best interest ofthe chlld. A copy of these findings will be served

upon the parties to the case, and the other court.

(4) Reouest for Transfer

The Division of Human Services or selected trlbal representative must request

transfer wlthin flve (5) days of recelpt of Ch)ldren's court finding that transfer would

be ln the best interest of the child. .

(5) Accesta nce of Transfer

The Trlbal Court will not accept a transfer from State Court unless:

(A) a parent or Indian custodlan's petitlon to state court for trdnsfer is

granted, or;

(B) the Trlbe's petition to State Court for transfer is granted, and;

the Tribal Court that adequate services can be provlded by the Tribe.

(6) Hearino(S)

Upon recelpt of transfer Jurisdiction from State Court, the Divislon of Human

services must file a chlld protectionlfamily assistance petitlon, and appropriate

hearing(s) will be held in accordance wlth this code.

I4.T.O9 INTER,VE NTION I'{ STATE COURT PROCEEDINGS

(a) The Tribe may Intervene in State Court child custody proceedings, as defined by

the Indian Child Welfare Act, at any polnt in the proceedlngs, and;

(b) The Trrbe shall intervene in such matters unless such intervention would be

impractlcable uncler the circumstances of the case'

motion to lntervene in the srate court wlthin five (5) days of receipt of notice ofthe

state court case.

L4.l.1O FULL FAITH AND CREDIT; CoNFLTCT oF LAws

(a) State Court Orders

State orders involving chlldren over whom the children's court could take jurisdiction

vJill be recognlzed by the children's court only after a full independent revlew of

such state proceedlngs has determined:

(1) the state court exercisd proper subject matter and personal jurisdiction

over the Parti6, and;

(2) the provisions of the fndian Child WelFare Act, 25 U.S.C. 1901-1963, were

properly followed, and;

(3) due process was provided to all interested pafties participating in the state

proceeding, and;

(4) the State Court proceeding does not violate the public policies. customs, or

common law of the tribe.

(b) caurt orders of other Tribal courts

Court orders of other Tribal Courts lnvolving chlldren over whom the children's court

could take jurisdiction will be recognized by the Children's court after the Court has

determined that:

(1) the other Tribal Court exercised proper subject matter and personal

jurlsdictlon over the parties, and;

(2) due process was accorded to all interested parties participating in the

other Tribal Court proceedlng; and

(3) the other Tribal Court proceed)ng does not violate the public policies,

customs, or common law of the Tribe

L4.L.7L SOVEREIGN IMMUNITY PRESERVED

Nothing in Chapter 1 through chapter 23 shall be deemed to constltute a walver by

the Hoopa Valley Indian Tribe of iG sovereign immunity, iights, powers or privileges.

L4.L.T2 INCONSISTENT PROVISIONS OF OTHER LAW

It ls the intent ofthe Tribal Council to enact this Title to specifically address the

Jurisdiction of the Trlbal Court ln cases where allegatlons of child abuse, neglect

abandonment have been made. or where a chlld seeks an order of emancipation.

The procedures in the court shall be govemed by the rules of procedure for the

tribal court, found in titles 2 and 3 of Hoopa Valley Code that are not in conflict with

this code. Any specific procedure within this code shall apply where a conflict exists

between the more general procedure of Title 2 and the more speciflc procedure of

this code. If the court finds that a case filed under the provisions of this code is

actually a private pa rty child custody dispute, the case must be dismlssed under this

tltle, and filed in compliance vyith the provlslons of Tltle 14A.

7,4.I.L? SBYERABILITY

If any provision oFthis code or its application to any person or circumstance is held

lnvafid, the remainder of the Trtle, or the application ot the provision to other

persons or circumstances, remains in effect.

,.4.I.I4 R,ELATIONSHIPS WITH OTHER AGENCIES

(a) Cooperation and Grants

The Chitdren's Court is authorlzed to cooperate fully with any Federal, State, Tribal,

public or private agency in order to participate in any foster care, shelter care,

treatment or trainlng program(s) and to receive grants-in-aid to carry out the

purposes of this code. Thls authority is subject to the approval of the Tribal Council

lf it involves an expenditure of Trlbal funds.

(b) Social Serviccs

The Children's Court will utilize such soclal services as may be furnished by any

Tribal, Federal. or State agency provided that it Is economically administered

without unnecessary duplication and expense.

The Chlldren's Court may negotiate contracG with Tribal, Federal or State agencies

and/or departments on behalf of the Tribal Council for the care and placement of

chlldren before the children's court subject to the approval of the Tribal Council

before the expenditure of Tribal funds.

CHAPT'ER 2 CHILDREN,S COURT PERISONNEL

L4,2.OT CHTLDREN'S COURT JUDGE

(a) Appointment

The Children's court ludge(s) wlll be appolnted or elected in the same manner as

the Tribal Court Judge(s). Where so qualified, and if the caseload allows, the Chief

Tribal Court Judge may act as the Children's Court Judge.

(b) Qualifications

The general qualifications for Chlldren's Court Judge(s) will be the same as the

qualifications for Trlbal Court ludge(s). In addition, Children's Court Judges must

have significant prior tralning andlor experience in child welfare matters or consult

with advisors with such experience-

In carrying out the duties and powers specifically enumerated under this

child/Family Protection Code, Judges of the Children's Court have the same dutles

and powers as Judge of the Trlbal Court.

(d) Disqualificatlon or Disability

The rules on dlsquatification or disability of a Chlldren's Court ludge are the same as

those rules that govem Tribal Court ludges'

(e) Judicial Eduqatlon Requirement

Any ludge appointed to the Children's Court must attend at least one training

annually on child welfare issues.

L4.2.O2 GUARDIAN AD LITEM

At any stage of the proceedings conducted under this code the children's court may

appoint separate counsel for the child, without affectlng the right to counsel of the

parent or guardian, to act as guardian ad litem representing the child's best

interests.

L4.2.A3 ADDITIONAL COURT PERSONN EL

The court niay set gualifica0ons and appoint addltionaljuvenile courf personnel such

as guardians ad litem; court appointed special advocates (CASAS), children's court

advocates, and/or mediators whenever the court decides that It is appropn?te to do

so.

l4.2.O4 PROTECTIVESERVICESWORKERS

(a) Division of Hurnan Services

Tribal Protective Services workers will be employed by the Division of Human

Services. To assist the protective seruices workers ln performing their duties, the

head of the.Division of Human Services will do the following:

(1) Estahlish internat policies and procedures for a database of confldentlal

child abuse and neglect records;

(2) Establish lnternal pollcies and procedures for the maintalning the

confidentiality of child abuse and neglect records.

(3) Establlsh internal policies and procedqres governing the retentlon of,

(4)

(5)

(6)

(5)

and access by outside agencies to, the all confidential data held by the

Divislon;

Establlsh internal pollcies and procedures goveming timelines for

actions required by this.code, where no tirneframe is included in the

code;

Establish internal policies and procedures governing the priority of

investigation of abuse and neglect reports, where multiple repofts are

made within close proximity to one another;

Negotiate agreements for services, record sharing, referral, and

funding for child welfare services pursuant to ptacement and servise

orders,

Estabtish intemal procedures for the Division's acceptance of legal

custody of Tribal children when ordered by the Tribal Court.

(b) Power and Duties

Protectlve Services Workers will possess the fotlowing powers and

perform the followlng duties:

(1) Process all Indian Chitd Welfare ("ICW) notices sent to the Tribe, assist

(2)

the Tribe in intervenlng in Indlan child custody proceedings, petltion for

transfer of Indian child

custody proceedings where appropriatg, and carry out all other duties

and responsibilities regarding all Indian child custody matters pursuant

to the instructions or order of the Court;

Receive and inriestlgate reports of suspected child abuse and neglect

involving any Indian child €sldlng within the exterior boundaries of the

Hoopa Valley Reservatlon and determine whether to initiate chlld

protectlon proceedings;

(3) Determine whether and where an Indian child should be placed

pursuant to the emergency provlslons of this Code, and provide crisis

services necessary to support the family during the intake process;

(4) Make referrals of cases to other agencles and share informatlon with

other agencles if their assistance appears to be needed or desarable

pursuant to an intemally established protocol on the sharing of

confidential data;

(5) Make placement and services reports and recommendatlons to the

Couft in child protectlon proceedings, includlng a plan of Family

rehabilltatlon, treatment and care, based on the best lnterests of the

chitd;

(6) Work together with parents and children, if of suitable age and

discretion, to set family plan goals;

(7) Supervise and assist Indlan children pursuant to child protection

dispositions, offer services to support the famlly, and make an

alfirmative effort to obtaln necessary or deslred servlces for the child

and the child's family;

(8) Initiate petitions for the termination or modlfication of parental rights;

(9) Be present ln Court when cases filed under this code are heard;

(10) Locate, certiff, and supervise placements; and

(11) Furnish such other related services as may be directed by the Court,

CHAPTER 3 ABUSE AND NEGLECT REPORTING PROCEDURES

14.3.01 REPORTER AGENCY

The Hoopa Valley Divislon of Hudan Services is the agency primarily responsible for

investigauog allegatlons of abuse or neglect wfthin the exterior boundaries of the

Hoopa Valtey Trlbe. Law Enforcement personnel can assist such an lnvestigation, or

pursue their own investigation when a crime is alleged.

14.3.02 PERSONS SPECIFICALLY REQUIRED TO REPORT

Those persons who are mandated to rePort suspected abuse or neglect. as defined

under this code, Include any physician, nurse, dentlst, optometrist, or any other

medlcal or mental health professlonal; school principal, school teacher, or other

school official; sooal worker; child day care center worker or other chlld care staff

including foster parents, residential care or institutional personnel; counselor; peace

officer or other law enforcement ofricial; Judge, attorney- except wheFe it conflicts

wlth attorney client privilege, court counselor, clerk of the court, or other judlcial

system offclal.

14.3.03 Anonymous Reports

Any person, other than those specified ln sectlon 14.3'02 above. may remain

where either (1) the protection of the

re of the identity; or (2) the repotter

14.3.04 Immunity tum Liabitity

goocl fiaith.'.known or suspected instances

All Dersons or agencies reporting, in

criminal Prosecution.

*riri uu irrrnEfrori civu liabliry and

;;;JJ;;;6;;

14.3.05 PenaltY for Not RePortlng

Tribal Court'

14.3.06 Abuse and Neglect RePorts

promptly make an

to report under section B above must with a writen

{illTHll##.red

oi'rr"n and then follow

after

oral rebort to the rrioat rruliJi!"*iiti

no t"* more than three (3) davs

report as soon thereafter t'J'i"tiii'l:i"al"

such oral rePort.

{il:".,,:fif,"%HitlfxffI'# rncruded rn the wrtten report,

[iil:;"t,

addresses, and rribal affiliation of the

to the fuil extent

child and his parents' guardian' or

eglect, including dates if possible;

s slblings'

be resPonslble for the

atlegeo

or agencY making the report'

to be

neglect may photograph or cause x--rays

may

x'ftrys

ani such Photographs or

CHAPTER 4 INVESTIGATION ANO REMOVAL

14,4.01 INVESTTGATION

must be lnvestlgated within a timely and diligent

fie child abuse or neglect report

greatest de lree possible' the continued safetv of the

.r^i'.i*ni* .rrr..i, toof the

the report'

child who is the subject

!4,4.O2POSSIBLE OUTCOII{ES OF INVESTIGATION

(al substantiated Repofts

occurl

ivhere tne report is substantiated, any of the following may

tody of the Parent or guardian; and a

ily maintenance services; and/or

be filed'

(b) UNSUBSTANTIATED REPORTS

ilti"i" tf,"i"port Is unsubstantlated either of the followlng may occur:

f1) the case may be closed;

tii iii" trrurv ;;y be otrered voluntary family maintenance services

L4,4.O? DECISION TO REMOVE

er from the Children's Court'

the child

(1) When there are reasonable grounds to believe that.failure to remove

6r aeatn, permanent injury' or serious emotionar

Hi;ffii;-';il;;;#i;k

d it appears, from the

own basic necessities of llfe,

by the parent, guardlan or

elieve that faiture to remove the child

believe that the parent has failed to

ct, Dr gross negligence committed by

someone else-

14,4.04 AUTHORTTY TO RE}IOVE

custody ls solelv vested in law enforcement

Thu power to place a chitd in protective

must contact law enforcement personnel

^orcnnnol a nrotective a"*i,[i**ta.

ffi;;'il;;;;-r";;iore r"moval listed above have been met'

14.4"05 AUTHORITY TO PI"ACE

The power to place a child ln an emergency placement is vested in both law

enforcement personnel and protectlve serylces workers'

14.5.06 NOTICE OF REMOVAL

The Dlvision of Human Services and/or law enfor€ement must make all reasonable

efforts, through the most efficjent means available, to immedlately noilry the

p".enL. grurdian or custodian, of the removal. Reasonable efforts include personal,

[eteptron6 anO v{ritten contacts at their resldence, place of employment, or other

localion where the Parent, guardian or custodlan is known to ft-equent with

regularlty.

1.4.5.07 PLACEMENTPREFERENCES

(a) Least Resuictive setting

If a child cannot be retumed home, or continues in out of home placement, the child

must be placed in the least restrictive setting whlch most approximates a family and

in *ni.n iris special needs, tf any, may be met. The child must also be placed wlthln

iuusoniot. proximity to his home, taking lnto account any speclal needs of the child.

(b) oder of Preferences

Whenever appropriate, a child will be placed in a home according to the followtng

preferences:

(1) Members of the extended family'

(2) An Indian fumily of the same tribe as the child.

ial peopte who have a retationshlp with the chtld, but who are not related to the.

chlld.

(4) An Indlan famlly.

iSi env other famity which can provide a suitable home for such a child'

(€) Limitation on Placement

No child removed from hls home for abuse or neglect will be placed in a

juvenile or

adult facility designed to house alteged or convicted criminal offenders'

CHAPTER 6 VOLUNTARY SERWCES

14.5.01 COOPERATIVEAPPROACH

It is the lntent of this tode to strengthen the unlty or the ramily by increasing the

self esteem, and.reinforclng the dignity of the members of the ramlly. The Protective

servlces worker witl assist family members in meettng goals through the provision

of toots and skills available through soclal service and community providers'

wherever possible, the goals should be mutually agreed upon between the parent or

guardian, the child, if oisuitabte age and discreuons, and the Protective services

worker. Voluntary participation in available services is to be encouraged, and offered

to the parent or guardian by the protective serylces worker wherever such an

approach will not endanger the health or welfare of the chlld.

,.4.6.02 VOLUNTARY PARTICIPATION

where the ;nvestigation of the al,egatlons is inconclusave or unsubsta ntiated, but the

parent willingly seeks assistance, or where the results of the lnvestigation provide a

reasonable suspicion that the abuse, neglect, or abandonment occurred, but did not

rise to the level requiring the removal of the child from the home, the Protective

Services Worker may enter into written voluntary agreement with the parent,

-guardian, or custodlan before fillng any Child/Famtly Asslstance Petition with the

Court.

74.6.03 VOLUNTARY PIJ\CEMENT OF CHILDREN OUTSIDE THE HOHE

As part of the voluntary agreement, the parent may voluntarily place the child(ren)

outslde the home, If there appears to be the posslblllty that the child wlll remaln ln

voluntary placement longer than 180 days, the famlly court must flnd, within the

inltlal 180 days of voluntary placement, that the continued voluntary placement is ln

the best interests of the child.

t4.6.04 CONTENTS OF VOLUNTARY PARTICIPATION AGREEMENT

The agreement must be signed by the parent/guardian/custodlan and a Protective

Servlces Worker, and include the followlng:

(1) A written explanation ofthe voluntary participation process: it is a voluntary

program entered lnto by the parenvguardlan/custodla n. The length of the program

cannot exceed one year. excludlng any wait for acceptance into a program that is

not a result of the pa renvguardian/custodianb actions. Successful completion of the

progGm will result in one of the following, depending on the circumstances of the

case:

(A) the closure of current Human Services case without the filing of a

child/family protection petltion; or

(B) the dlsmissal of the Child/Famlly Assistance Petiuon.wlthout a court

decision on whether or not the abuse or neqlect allegations occurred.

(2) Unsuccessful completion of the program will result in one of the following,

depending on the circumstances of the case:

(3) the filing of a Chlld/Family Assistance petltioni or

(4) a determination hearing at which tJre court will decide whether or not abuse or

neglect of the child occurred, as detailed in the Peution- If, after the determination

heiring, the Court finds the allegations of abuse or neglect not true, the case will be

dismissed and the parent/guardian/custodlan will be under no obligation to accept

ions of abuse or neglect are true, the

ct to Court supervision under a family

or unwilling, to meet the family plan goals

ed ln a permanent guardianship and the

parent's

to the child may be terminated and

rights

the

parent,s rights modified, or

the child adopted.

(5)A waiver of the parenvguardian/custodlan's right to have a court determination

of the truth of any Petition filed;

(6) A listing oFthe mutually agreed upon goals to be accomplished by the parent,

guarOian clstodian in ordei to successfully complete the voluntary Particlpation

program;

(7) A tlme estimate for the completion of the goals, provided by the

pa'renVguardian/custod ian, but not to exceed 1 year (o(cluding wait for entry into

program);

(8) A statement of where the child will be reslding for the duration of the parent's

voluntary assistance particiPation

(9) A statement of what non-comPliant actions of the parent lvill terminate daversion

ino resrtt in the filing 0f a petition or the adjudicauon of the prevlously filed

petition,including,butnotlimltedto,thenumberofappointmentsormeetings

mlssea;'tfre numler of positlve substance abuse tests; the failure to complete goals

ln a timely manner; any substantiated report of new abuse, neglect, or

abandonment allegatlons.

14.6.05 SUBSTAilCE ABUSE EVALUATION

The parenvguardlan/custodian may be relerred to a counselor, substance abuse

pnogram, oiothet seruice for an evaluation prior to a settlng of mutually agreed

upon goals for the Voluntary Participation Agreement.

,4.6.06 DTSQUALTETERS

(a) chlld Removcd from Home

itri parent or guardian is excluded from Voluntary Participation where_the child hasto

been removed from his home on an emergency basls due to an tmmediate threat

his health or safety, unless all of the following occur:

(1) the piotective services speclfically recommends voluntary participation;

place the child outslde the home, with

iZi the parent agrees to voluntarilv

parent's

atternpt to regain cudody prior to

the understandlng that the

participauon

agreement will result.in

the completion of the votuntary

the Immediate filing of request by the division of human services that

the child be court ordered in the care, custody and control of the

(3)

(4)

dlvision, or into a spec{flc out of home placemenu

the court flnds thatthe child's safety will not be jeopardized by the

volunEry receipt of services, and includes the reasons for such a

findlng ln a written order;

the court finds that the voluntary receipt of servicbs by the parent or

guardian is in the child's best lnterest, and includes the reasons for

such a flndlng ln a written order.

(b) Natur€ of Allegations

No Voluntary Particlpation Agreement can be offered when any of the followhg

allegations are substantiated by the Protective Services investigation, or found to be

more than likely true (preponderance oF the evidence sfdndard) by the Court:

(1) The act ofabuse or neglect resulted in serious bodily lnjury to the

child; or

(2) A deadly weapon was used to accomplish the act of abuse; or

(3) The act of abuse or neglect was committed to gratify the abuser's

(4)

(5)

desire for pleasure or excitement, includlng any pleasure or excltement

caused by the lnfllction of pain on the victim; or

The act of abuse or neglect was committed with exceptional cruelty or

caused exceptional pain, Irregardless of the presence or absence of a

serlous bodily injury; or

The act of abuse was sexual in nature,

14.6.07. TERMINATION OF VOLUNTARY AGREEMENT

A voluntary agreement may be terminated by elther party to the agreement.

(a) Termlnation by Parent

The agreement can be terminated by the parent either statlng in writing that s/he

no longer wishes to participate, or by stating on the record at a couft hearing that

s/he no longer wishes to participate.

(b) Termination by the Divlslon of Human Services

The Division of Human services can only terrninate the agreement by stating ln

writing the cause for the termination and the effecflve date of the termlnation. The

parent must be provided with a copy of the termination notlce prlor to the

termlnatlon becoming effective.

If the termination of the agreement may result in the filing of a Child/Family

Assistance Petition, or the adjudication of a previously flled petition, the Division of

Human Services or the Judge, if at hearing, must advlse the parent of these

possibilities.

CHAPTER 7 FTLING CHILD PROTECTION/FAMILY ASSISTANCE PETTTION

,r4,7 .O L TIM E LIICTTATIOT{S

(a) Removal Cases

it-i ttrlla has been removed.from the home, a Child/Family Assistance Petitlon must

the

6'. ni"J *ltn the court no later than 5pm of the second court working day after

removal.

(b) Non-Removal Cases

rr 6 cfrira remains in the home of the parent or guardian, a Child/Family Assistance

Petition must be filed with the court as soon as possible, and in no case later than

five working days after the report is deemed substantlated by the case investigator.

L4.7.O2 CONTENTS OF PETITION

The Child/Farnily Assistance Petition must include the followlng:

The name, birth date, gender, address, and tribal affiliation ofthe

child;

The specific allegations of abuse, neglect or abandonmenu

A plain and conclse statement of the facts upon whlch.the allegations of

abuse, neglect or abandonment are based, including the date, time and

Iocation at which the alleged facts occured;

The names, addresses and tribal affi,iation of the child's parents,

guardians or custodlans, if known;

ihe names. relatjonship and addresses of all known members of the

child's extended family and all former care givers, If known, and;

If the child ls placed outside of the home, where the child is placed,

The facts necissitating the placement and the date and tlme of the

placemenU

Any request to allow the Protective services worker to redact

information from the copy of the petition, and any supporting

documentatlon, to be served upon the parent or guardian under

section (D) below, and the factual grounds ln support of that request.

I4.7,O3 EX PARTE REQUEST FOR REDACTION OF DOCUMENTS

Prior to, or a the time of the filing ofthe Petition with the court, the Protective

Servlces worker may request ex parte an order allowlng for a redacted version of

the petiuon or supporting documentation served on the parent where necessary to

protecr the well being of the child, another party to the case, a witness to the abuse

or neglect, a person providing a placement for the child, or a reporter of the abuse

or neglect.

LtL.7.O4 SUMMONS

(a) Content

lpbn the fillng of a Petition, the Clerk of the Tribal Court will issue a notice in the

form of a summons directing the parents or guardians of the child to be present ln

Court for the initial hearing. The summons must contain the followlng:

(1) the time and date of the hitial hearing; and

(Z) a statement of the rlghts of the partles, and

(3) when appropriate, a sfatement that the terminaflon of the parenvchlld

legal relationshlp {s a possible outcome of the case if the allegatlons are

proven true.

(b) Service

Th€ Division of Human Services must serve the parent or guardian with a copy of

the petltion and the original summons accordlng to the provisions of 2 HVTC 5

2,3,04, except that in cases of service by publicatlon, only the summons must be

published in a paper of general circulation of a three week period, Where the

Protective Services Worker has concerns for his or her safety, law enfiorcement must

serve the petiUon and original summons.

l.4.7.O5 NOTIFICATION OF RTGHTS

All parties have a rlght to be represented by an advocatvattorney at their own

expense in all proceedings under this code, to introduce evidence, to be heard on his

or her own behalf, to eXamine witnesses, aod to be informed of possible

consequences if the allegations of the petltlon are found to be true. All parties are

entttled to advance copies of court documents, including petitlons and reports,

unless access to such documents would be likejy to result In elther of the following:

(a) the disclosure of confldential lnformatlon to non-parties; or

(b) an actual danger to the chid(ren), parents, soclal worker, or another

party to the case

Where access to documents is limited by court order, the order must specify the

reason for the llrnitatlon, and the factual basis for such a determination.

L4.7.06 SCHEDULING OF CHILD./FAMILY ASSISTANCE CASES

In scheduling investlgations and hearings, the cou!t will give priority to proceedings

concernlng children who have been removed ftom thelr homes before an order of

disposition has been made.

CHAPTER A DEFAULT JUDGUENT

14.A.OIWHEN APPROPRIATE

If the parent, guardlan or custodian falls to appear for a court heaflng, the court

may find the parent, guardian or custodian ln default, and enter a default order as

to that hearlng.

14.A-O2 NOTICE DSTERMINATION

Prior to finding a parent, guardian, or custodian in defuult, the court must be

satisfied actual notice has been given or that all reasonable possible steps have

been taken to provide notlce of the hearlng to the parent, guardian, or custodian.

The court must also find that the petitioner can prove the elements required at

hearing.

14.8.03 WRITTEN ORDER

tf the parent, guardian or custodlan is found ln default, the court must specify the

facts and code sections upon which it relied to enter the default. The Entry of

Default order must advise the parent or guardlan if his or her right to file a motion

to set aside the default judgment.

14,8,04 SET ASIDE OF DEFAULT JUDGMENT

(a) Timing

within 10 days of receipt of notice of the entry of a detuult judgment, the parent or

guardian may flle a motion asking the court to set aside the default.

(b) Content

itri motion must state the reason why the parent or guardlan tailed to apPear.

inl court must set astde the entry of the default judgrnent only upon a showlng of

good cause.

CHAPTER 9 CONTINUANCE OF HEARTNG

14.9.01 BEST INTEREST OF CHILD

Upon request of any,party or thelr legal representative, the court may continue any

hearing under this chapter beyond the time llmit withln whlch the hearing is

otherwise required to be held, provided that no continuance will be granted that ls

contrary to the best interest ofthe child. In considering the mino/s best interests,

the court will glve substantial weight to a chitd's need for promPt resolution of hls or

her custody status, the need to provide children with stable environments, and the

damage to a child of prolonged tempordry placements.

t4.9.O2 GOOD OAUSE

(a) Requirement of Good Cause

Continuances will be granted oniy upon a showing of good cause and only for that

perlod of time shown to be necessary by the evidence pr-esentd at the hearing on

the motion for the conunuance. Whenever any continuance is granted, the fucts

proven which require the contlnuance must be included in the written order'

(b) Not Good cause

No good cause wlll be found based solely on:

(1) a stipulation between the parties; or

(2) the convenience of the parties

Good cause wlll be found where:

(1) a party needs additional time to present necessary evidence; or

(2) a parfy needs additlonal time to review a report or other document that was not

provlded in the time frame required by statute

14. 9.O3 Duration of Cortinuance

A continuance will be granted for the shortest amount of time possible.

L4.9.O4 Continuanc€s in Removal Cases

Notwithstandhg any other provision of law, if a child has been removed from the

parent's or guardiAn's custody, no contlnuance will be granted that would result in

the Famlly Plan heartng being completed longer than 60 days after the hearing at

whlch the minor was ordered removed or defained. unless the cout finds that there

are exceptional circumstances requlring such a continuance' The facts supporting

such a continuance must be entered upon the minutes of the court.

CHAPTER 10 REMOVAL HEARING

L4.IO. 07 TIMI'{G

The Removal Hearing must be held as soon as Possible, and no later than the end of

the next court day after a petiuon has been filed.

L4,LO.O2 PUR,POSE

The purpose of the Removal hearing ls to determine:

(1) whether there is a prima facie showing of evidence to support the allegations of

ibandonment, abuse, neglect, or lack of caretaker for the child; and

(2) whether tt is reasonable to believe that the chlld's continued residence in the

paient or guardian's home would be contrary to the childt welfare.

14.1O.O3 CHILD RETURNED HO}IE

The cfiild's continulng absence from the home ls not necessary where:

(1) evldence is presented that proves to the court's satisfaction it is more likely thdn

not that the acts of abuse or neglect did not occur; or

(2) evidence is presented that proves to the court's satisfaction it ls rnore tikely than

noi tf,"t though the acts of abuse or neglect dld occur, a lesser remedy exlsts that

would ensure the safety of the chlld; or

(3) evldence is presented that proves to the court's satisfaction it is more llkely than

not tnut since the child,s removal the necessary changes have been made in the

home to erisure the child's safety.

,.4.TO.O4 EXPLANATION OF PROCESS

The coutt has a duty to explaln the foltowing to the parent, guardian, and chlld, if

present:

(1) the contents and meaning of the petition, including the reasons for the removal

of the child;

(2) the child protection court procedure; inctuding the purpose and scope of the

removal hearing;

(3) their rights under the Child/Famlly Asslstance code; and

(4) the possible outcomes of the child/Famlly Assistance case, If it proceeds

14.1O.O5 NATURE OF HEARING

This is a closed cou rt, informal hearing. Hearsay evidence is not excluded but cannot

be the only evldence supporting the Courtt decision, only $e parties, their

counsel, witnesses, the child's extended family or other persons determined to be

appropriate by the court may be admitted. Any child aged 10 or older has the rlght

to attend the hearlng, lf s/he so desires.

14.10-06 POSSIBLE OUTCO!|ES OF THE REMOVAL HEARING

Any of the following outcomes are possible after the removal hearlng:

(1) The Child/Family 4ss1s6un.e petltlon may be dismlssed and the child

returned to the home; or

(2) The child may be retumed to the home of the parent or guardian under

the supervislon of the court, pendlng the determination hearing; or

(3) The chlld may be continued ln the out-of-home placement pending the

determinaUon hearing.

74-LO.O7 OR,DER FOLLOWING HEARTNG

The order following hearlng must include all of the following;

(1) The name, aqe, birth date, and tribal aftiliation of the child that ls the subject of

the case;

(2) The name, tribal affiliation, and current mailing and residential addresses for

both parents and/or the guardian;

(3) The courfs flnding as to !'.,hether or not a prima facie showing has been made

that the chlld has been abandoned, abused, neglected, or left without a caretaker,

and the facLs supportlng that finding;

(4) The courtt findlng as to whether it is reasonable to believe that out of home

placement is contrary to the chlldt welfare, and the facts supporting that finding;

(5) The tactual basis for the flnding where the Court finds that reasonable efforts are'

not requird for any of the reasons found In Section 14,13.08;

(6) The factual basis for a finding as to whether or not the family is an appropriate

candldate for a Voluntary Particlpauon Agreement;

(7) If placement is upheld. language that either names a specific temporary legal

guardian for the child; or places the chald ln the care, custody and control of the

division of human servlces;

(8) A llsting of the parent's rlghts under this code;

(9) Specific terms of visifdtion for any of the following, if any visitation is granted:

(A) the ch,ld's parent or guardian;

(B) the chlld's slblings

The court cannot deny the parent, guardian, or siblings visitation unless it

finds by clear and convincing evidence that the vlsitation would be

detrlmental to the best interests of the child.

14.10,08 PLACEMENT WTTH OTHER PARENT WHERE APPROPRIATE

(a) Requarement that Other Parent be Considercd as Placement

Prior to orderlng a child removed fi'om the home of a parent or guardian, the court

rhust first determine whEther there is a parent of the child, with whom the child was

not residlng at the time that altegations of ebuse, neglect, or abandonment

occurred, who desires to assume custody of the chiid. If that parent requests

custody, the court must place the child wlth the parent unless lt finds that

placement wlth that parent would be detrlmental to the safety, protection, or

physical or emotional well-being of the child.

(b) Conditlons of Plac€ment

If the court places the chlld with the other parent it may do any of the following:

(1) Grant legal and physical custody to that parent and close the child protection

case. The custody order will continue unless modified by a subsequent femll), law

order The court may also provlde reasonable visitation by the noncustodial parent;

(2) order the parent assume custody subject to the jurisdiction of the children's

court and require that a home vlslt be conducted withln one month. In determining

whether to take the action described in this paragraph, the court must consider any

concerns that have been raised by the child's culrent careglver regarding the

parent. After the social urorker conducts the home vislt and files his or her report

with the court, the court may then take the action described in paragraphs (1) or'

(3); or

(3) order the parent assume custody subject to the supervision otthe childrent

cou rt. The court may order;

(A) that reunification servic€s solely be provlded to the parent or guardian

from whom

the child is being removed; or

(B) that maintenance services be provided solely to the parent who is

assuming physical custody in order to allow that parent to retain later

sustody without court supervislon; or

determine at each review hearing, which parent, if either, will have custody

of the child.

The court must rnake a written finding of the basis for its determination under

subdivisions (a) and (b). Whenever possible, the court must verbatly inform the

parties at hearlng of the child's placement and the reasons for that placement.

14.1O.O9 CASE RESOLUTION & FAMILY PLAN MEETING

If the case ls not dismissed at the Removal Hearing, the court will order the parents

and the ProtecUve Services worker to meet. A mediator may be present as wetl to

facilitate the meeting, if any pafiy so requests, or the court on its own motion so

orders.

(a) Purpose

The purpose of this rneeting is to encourage cooperatlon between the farnily

members involved and the Division of Human Services ln the resolution of the case.

The following topics will be addressed at this rneeting:

(1) any possibte pre-adjudication case resotution, includtng the possibitity of a

Voluntary Pafticipation Agreement for quatifying persons;

(2) the possible components of a Family Plan, ii the case proceeds to the point that

a Family Plan is necessary. The Protective Services'Worker must advise the parent

or guardian as to what types of Services are available, and ask the parent, what, if

any, services s/he would be interested in recelvlng as part of a Family plan.

(b) Parent/Guardian under No obligation to Accept seruices

The Protective Services worker must explain to the parlnt that s/he is under no

obligation,to accept services prior to a couft finding of abuse or neglect, but that the

services offered to reunifo the famlly may only be offered for only eighteen (1g)

months stating from the date the child was removed from the homJ. The worker

must assure the parent that whether or not s/he now participates in services, if a

flnding of abuse or neglect is made, the worker will involve ti're parent as much as

practical in the drafting of the Farnily plah.

( 1) Inadmissible Statements

The parent's statements as to which services s/he would be interested in rnay not be

used at the Determination Hearing.

(2) Admissible Statements

The parent's direct admlssion of the truth of the allegations may be used at the

Determination Hearlng.

14.1O.1O NHXT COURT DATE

(a) chil.l Detalned

If the. chlld is detained, the court will schedule the determinatlon hearing no more

than 15 days of the Removal hearing date.

(b) Child Not Detain€d/ Non-Removal cases

If the child is not detained at the Removal hearing, of the child was never removed

from the home, the Court will schedule the determination no more than 30 days

from the fillng of the Petition.

CHAPTER 11 DETERMINATION HEARIilG

14.11.O1 PURPOSE

The purpose of this hearing is for the court to determine all of the followlng:

(1) whether the allegations of abuse or neglect made in the Child/Family Asslstance

petition are true; and

(2) Whether the best Interests of the child required continued court intervention;

and

(3) in removal cases, whether a continued out of home placement is required to

protect the child.

L4.IL.O2 PROCEDURE

(a) Nature of Hearing

The determinatlon hearing is a full trial on the merlts, subject to the rules of

evidence and procedure found in Title Z of the Hoopa Valley Tribal Codes, with the

exception that jury trials are prohibited in these cases. The records of the Inltial

hearing will not be admissible at the determination hearing. This must not be

construed to prevent the admissibility of any evidence that was presented at the

lnitial hearing which would normally be admlssible under the court's rules of

evldence. This hearing must be held within 30 days of the Removal or court

Supervlslon hearing.

(b) Persons Permitted to Attend Hearlng

The general public is exduded from the proceedings. Only the parties, their

counsel, witnesses, the child's extended famlly, and other persons determined to be

appropriate by the court shall be admitted. Any child age 10 or older, has the right

to be present lf s,/he so desires,

If the court determines that it is in the best interests of the child and does not

violate the rights of a party, the court may allow the child to testify by means of a

videotape deposition, closed clrcuit television or other appropriate method. Ifthe

court does allow these methods to be utlllzed, the coun must specifically set out thereasons for this determination on the record.

(d) Burden of Proof

The burden of proof lies wlth the Tribe. The Trlbe must prove both of the followlng

by dear and convlncing evidence;

(1) that the allegations of abuse or neglect in the Child/Family Assistance

Petitlon are true; and

(2) and that the best lnterests ofthe child will be served by conunued court

intervention; and

(3) in out of home placement cases, that a continued out of home placernent

is necessary to protect the child.

14.11.03 EXPLANATION OF THE PROCESS

The court has a duty to explaln the following to the parent, guardian and chlld, if

present:

(1) The allegations of abuse or neglect made against the parent or guardian;

(2) The fuctual basis listed ln the Petltlon for the allegatlons of abuse or

neglecu

(3) The procedure and possible outcomes of the Best Interests of the child

hearing;

(4) the partles'rights under the Chlld/Family Assistance code; and

(5) the possible outcomes of the Child/Family Assistance case, If it proceeds,

I4.'.L.O4 POSSIBLE OUTCOMES OF }IEARING

After hearhg the evidence presentd by both sides, the court will make whichever of

the following flndlngs apply:

(a) Abuse or Neglect Allcgatlons

(1) The Court finds the allegations not true and dismisses the petition; or

(2) the Court finds the allegatlons true by clear and convincing evidence and

upholds the petltion

(b)B€st inter€sts of the child

(l) the court finds the best interests of the child do not require continued court

intervention; or

(2)the court finds that best interests of the chlld do not require contlnued court

Intervention, so long as the pareot signs a Voluntary Partlclpation Agreement with

the protective Seryices worker; or

(3) the court finds the best interests of the child do require continued court

intervention and sets a Family Plan hearing date

14.11.O5 WRITTEN ORDER- ALLEGATION5 PROVEN TR.UE

The court shall state all of the followlns in its written order:

(l)whether or not the allegations of abuse and neglect were proven true by clear

and convincing evidence, and the factual basls supporting this conclusion;

(2) Whether or not reasonable efforts were made to avotc, removlng the chlld frbm

the home;

(3) The factual basis fpr any exception to the reasonable effort requirement under

subsectlon L4.L3.06;

(4) Whether or not the best interest of the chfid requlres conflnued court

intervention, and the factual basis supporting that concluslon;

(5) The child's placement pending the Family plan hearing, and the factual basls

supporting this placement;

(6) Whether or not the farnily is an appropriate candldate for a Voluntary

Participation Agreement; and the reasons supporting that finding;

(7) The next court date, if any;

(8) The names, ages, and addresses for both parents. If the locaflon of elther parent

is unknown, the court must make a finding whether or not due diligence efiorts have

been made by the case worker to locate the mlssing parent;

(9) The parties' rights under this code;

(10) spectflc terms of visitation for any of the following, if any visitation is granted;

(A)the parent or guardian visttaflon.;

(8) sibtinss

The court cannot defly the parent, guardian, or slblings visitation

unless lt flnds by clear and convincing evidence that t-he visitation

would be detrlmental to the best interests of the child.

(11) The date and time the parents and the protective seryices worker are to

meet

to dlscuss the contents of a Famlly plan;

(12) The types of assessments to be compreted by the parent, guardian, of

chird

prlor to the Family Plan Hearing

L4.7L.OG Grounds for Continuing Removat fiom the Home

The court must speciry in its order one or more of the following grounds for

continuing removal from the home of a parent and the factual bisis for the flnding:

(1) A chlld has no parent, guardian or custodian avafiable, willtng and capabte to

care for the chlld; or

(2) The child's emoflonat or physical safety is or would be substanually threatened in

the home either by the parent or someone the parent rs not likely to protect the

child from, and there are no reasonable means by which the child can be protected

wlthout removing the child from the physical custody of his or her parent or

guardian; or

(3) The child is suffering severe emotional damage, as indicated by extreme anxiety,

depression, withdrawal, or untoward aggressive behavior toward himself or herself

or others, and there are no reasonable means by which the child's emotional health

may be protected without removing the child from the physical custody of his or her

parent or guardian; or

i+) fn" chitd or a sibling of the chitd has been sexually abused, or is deemed to behis

it-substantial risk of being sexually abused, by a parent, guardian, or member of

or her houSehold, or 6ther person known to his or her parent, and there are no

reasonable means by which the chitd can be protected from fufther sexual abuse or

a substantial rjsk of sexual abuse without removing the child from his or her parent

orguardian, or the child does not wish to return to his or her parent or guardian; or

(S)ine parent has failed to change the situation which resulted in the rernoval of

the child

CHAPTER 12 FAMILY PLAN

14.12.01 COOPERATIVE EFFORT

The protective serviCes worker, tjle parent, the child where age approPriate, or the

childis advocate, must meet Jndividuatly or as a group, depending on.the_case,

parent, Child, or other family

discUss the ServiceS requested, or needed, by the

to cooperatively include in the

efforts

rble

reason

make

members- The worker must

y in

rnembe

family

process

the

all of

planning

rticipate

lur., w-nir" the family members are una

ilateral

the

can

plannini'process,

ln if,. family

present to

recornmendations foi services under the Plan. A mediator may be

motion

facilitate the discusslon, if either party so requests, or the court on its own

so orders.

,.4.L2.O2 RESPONSTBILITIES OF THE PARTIES

(a) Social Service Personnel

The social service personnel must:

(I) maintain regular contact with the parent and child to assist them in meeting

case plan goals;

-or

provide any and alt supportive services necessary for family members

to rneet the familY Plan goals

iil f.i."t"

(b) Parent

The Parent must:

(1) Partacipate in aCtivities and services necessary to meet case plan goals;

iZj Communicate any needs for additional serulces, or any difficulties in successful

completion of case plan goals to social seruice personnel;

(3) Maintain whatever contact with child allowed under case Plan;

The child must:

(1) attend school and participate in all ot

case plan;

(2) Communicate any needs for additiona

completion of case plan goals to social service personnel;

(d) Foster Parent or other Caretaker of Child

he foster parent or other caretaker of the chlld must:

(1) Allow visitation as provided for in the tredtment plan;

(2) transport child to required appointments,lor activitles, including vlsitatlon

L4.I2.O3. CONTENTS OF PLAN

The Family Plan must include all of the following points, and be made available to

the court, and the parties, as deemed appronriate by the court, three (3) days prlor

to the Family Plan Hearing.

(1) What steps, if any. have the parent and Social Servlce personnel already taken

to correct the problem(s),

(2) What services are recommended for the $arent and the reasons for those

recommendations;

(3) What seryices could be of benefit to the parent but are not available in the

community.

(4) What services are recommended for the ihlld, and the reasons for those

(5) What servlces could be of benefit to the child, but are not available in the

comm unity.

(6) The child's current placement;

(7) Any plans for future placement of the chlldi

(8) Recommendations for any visitatlon by the parent, guardian, slbtlngs, or

extended family members

(9) An assessment of when, or if, the child is expected to retum home.

1.4.L2.O4 N.EUNIFICATIOH RECOMITIENDATION

The case worker must investigate the clrcumstances leadlng to the removal of the

child and advlse the court whether there are circumstances that indicate that

reunification is likely to be successful or unsuccessful and whether failure to order

reunification is likely to be detrimental to the chlld, The following factors, if present,

are among those that weigh against a reunification recommendation:

(1) The failure of the parent to respond to previous services; or

(2) the fact that the chlld was abused while the parent was under the influence of

drugs or alcohol, and no evidence is found that the parent has been successful ln

addressing their use of drugs or alcohol; or

(3) a past history of violent behavior; or

(4) testimony by a competent professional that the parent,s behavior is unlikely to

be changed by services

I4,L2.O5 REUNIFICATION SERVICES

(a) Duration

Reunification seryices rnay be offered for a maximum.of 18 months.

(b) Description of Services

services may include, but are not llmited to, all of the following;

(1) Maintalnlng contact between the parent and child through collect telephone calls.

tninspOrtation services, or vlsitation services, where appropriate.

(2) Services designed to ellmlnate the risk of further abuse. neglect, or

abandonmenu

(3) Reasonable seMces to extended Family members or foster parents providing

care for the child if the services are not detrimental to the child.

14. 1 2.06 FAMILY MAINTENANCE SERVICES

For chlldren who have not been removed from the home, but have been adjudged

abused, neglected, abandoned, or left without a sultable caretaker, family

maintenance services must be offered in the family plan. Court ordered frmily

maintenance services should not exceed 12 months, unless the parent or guardlan

is making substahtial steps towards coripletion of the family plan goals, and good

cause exists for an extension.

CHAPTER 13 FA},IILY PLAN HEARING

14.13.OI TIMING

The Family Plan Hearing will be scheduled no later than twenty one (21) days from

the Determination Hearing, and in no event rnore than sixty (60) days from the

lnltial removal of the child fi'om the home.

L4.L".42 PURPOSE

The purpose of this hearing is for the court to determine the following:

(a) In removal cases, whether or not reasonable efforts were made to avold

removing the child from the home;

(b) In all cases, what servlces must be offered to the parent, child, and other

necessary family members as part of the Farnily Plan in order to assure

continued family safety.

14.13.03 PROCEDURE

(a) Nature of Hearlng

The hearing is informal In nature. Concerned parties may pres€nt evidence relating

to the situation, Hearsay evldence wlll not be excluded at this hearlng but must not

be the only evidence supporting any Court decision. The general public is excluded

from the proceedings. Only the parties, their counsel, witnesses, the child's

extended fEmily and another persons determined to be appropriate by the court

shall be admitted, Any child aged 10 or older has the right to attend the hearing, if

s/he so desires.

(b) Burden of Proof

The Burden of Proof is wlth the Tribe to prove clearly and convincingly that

reasonable efforts were made to avold removing the child from the home, and that

the recommended Family Plan is necessary to assure continued famlly safety, The

parent, child, or child's legal representative may present evidence that other, less

intrusive options than removal would have kept the chlld safe, andlor that changes

are necessary to the recommended Family Plan either because some

recommendations are not necessary; or because some problems are not addressed

in the proposdd Plan.

The Dlvlslon of Human Servlces must provide the parent, guardlan, and the chtld or

the child's legal representative, with a copy of the recornmended family plan at least

3 days prior to the hearing date. A contlnuance of up to 3 days to review the

contents ofthe plan will be granted when requested by any party or their

representative, if a copy of the plan was not provl<led three days prior to the

hearing.

14.13.(,4 EXPLANATION OF PROCESS

The court has a duty to explain to the parent, guardian, and child, lf present. the

procedure the court follows under the Child/Family Assistance Code. At this heaflng.

the court must explaln all of the following to the parent or guardlan and child, If

presenti

( 1) the contents and meaning oF the Family Plan; and

(2) the purpose and scope of the Family Plan hearing; including the possible

outcom€s of the hearing and

(3) thelr rights under the Child/Family Assistance code; and

(4) the possible outcomes of the Child/Family Assistance case, if it proceeds

14.13.05 POSSTBLE OUTCOHES OF HEARING

The court may do any of the following after hearing:

(1) Order the child retumed home, and close the case, based on evidence that the

child is well adjusted and the family is functionlng h a healthy manner;

(2) order the chlld retumed home, with continued court supervision;

(3'l Order a trial home vlsit:

The Court may order a trial home vlsit, for no more than six (6) months, unless the

Court authorizes them by written order for a longer period. The Court order must

explicitly extend the trial home visit. While the child is on a trial home visit, the

"clock stops" for the mandatory modification or terminatlon petltion fillng deadline

("15 of the last 22 monthsJ. If the trlal horne visit is over seven (7) months long,

the clock starts over, and the court must again determine whether or not an out of

home placement is in the child's best interest and whether or not reasonab,e eftorts

were made to prevent the chi,d's removal,

(4) Order an out of horne placement

(A) The court may find that out-oFhome placement is necessary, but with the

performance of specified actlons by the parent the ehild may be retumed absent

good cause to the contrary. The order of the court must specify actions. and the

time frames for such actions, that the parents must accompllsh before the child is

returned, The order shall also specifl the responsibilities of any support agency or

personnel to be involved

(B) The court may find that out-of-home placement contlnues to be necessary and

further that the child shall not be returned to the home, absent further order of the

court. The court shall speclry what steps the parents must take to demonstrate thear

abilities to care for their chlld, and specify what factors the court will consider at a

subsequent hearing to determine whether or not the chlld should be returned home

14.13.06 ORDER FOLLOWING HEARING

The order followlng hearlng must include the following:

(1) In removal cases, a findlng as to whether reasonable efforts were made to

eliminate or prevent the need for removal ftom the chlld's home.

(2) A find'ng as to whether the proposed family plan reasonably address the

problems and needs of the child and parent.

(3) A finding as to the approprlate disposition of the case and long-term plan for the

child, including any modifications to the proposed treatment plan.

(4) A statement assigning qustody of the child to a specific person or the Division of

Human Services.

I4.L3.O7 REASONABLE EFFORTS TO PRESERVE THE FAi,IILY

(a) Obligation to Offer Reunification Services

Whenever it.is in the best lnterests of the child, the Tribe has an obligauon to

preserve the family, and offer reunification s€rvices to parents, except in the

circumstances descrlbed in section 14'13,08 below, where the child is removed frorn

the home of the parent. In determining whether or not such services should be

offered the court must consider the reunification report of the case worker, as well

as all other relevant evidence presented, lncluding the following:

(1) The fact that a parent is no longer livlng with an individual who severely abused

the child may be considered in deciding that reunification seryices are likely to be

successful, provided that the court must consider any pattern of behavior on the

part of the parent that has exposed the chi,d to repeated abuse.

(2) If the parent is incarcerated or institutionalized, the court must order reasonable

services unless the court determlnes, by clear and convincing evldence, those

services would be detrimental to the child. In determining detriment, the court

mugt conside(

(A)the age of the chlld;

(B) the degree of parent-chlld bonding;

(D) the nature of the treatment;

(E) the nature of the crlme or lllness;

(F) the degree of detrlment to the child if services are not offered;

(G) for chlldren 10 years of age or older, the childt attitude toward the

impl€mentation of family reuniflcatlon and services; and

(H) any other appropriate factors

CIRCUMSTANCES TN WHICH REASONABLE EFFOR,TS ARE NOT

REQUTRED

'.4.L3.O8 TO PREyENT A CHILD'S REMOVAL FRO,{ HO}|E OR TO REUNIFY

THT CHILD AND PAREN'.

(a) Circumstances where Reunificatlon Srvices Not Requared

Reasonable efforts to prevent a child's removal from home or to reunlfy t}le child

and parent are not required if the Court finds by clear and convlnclng evidence that

any of the following circumstances have occurred:

(1) That the whereabouts ofthe parent or guardian are currently unknown, and

have been for at least slx (6) months. A finding pursuant to this paragraph must be

supported by an affidavit or by proof that a reasonably dillgent search has failed to

locate the parent or guardlan. The posting or publlcation of notices is not required

ln that search, If the whereabouts of a parent become known within six months of

the out-of-home plac€ment of the child, the court will order the Human Servic€s

worker to provide famlly reunification servlces,

(2) That the parent or guardian is suffering from a mental incapacr'ty or disorder

that ren ders the parent unable to care for and control the child adequately. A findhg

pursuant to his section must be supported by the testimony of any two experts,

each of whom shall be a physician and surgeon, certified either by the American

Board of Psychiatry and Neurology or a licensed psychologist who has a doctoral

degree in psychology and at least five years of postgraduate experience in the

diagnosis and treatment of emotlonal and mental disorders. The court must order

reunlfication seryices unless competent evidence from mental health professionals

establishes that, even with the provlston of services, the parent is unlikely to be

capable of adequately caring for the child within twelve (12) months,

(3) That the chlld or a sibling of the child has been previously adjudicated a ward of

a court of competent Jurisdiction as a result of physical or sexual abuse, that

following that adjudication the child had been removed from the custody of his or

her parent or guardian, that the child has been returned to the custody of the

pa rerit or guardian from whom the child had been taken originally, and that the

child is now being removed due to additional physical or sexual abuse.

(4) That the parent or guardian of the child has caused the death of another child

through abuse or neglect.

(5) That the child is under the age of five and has suffered severe physlcal abuse by

a parent, or by any person known by the parent, if the parent knew or reasonably

should have known that the person was physically abusing the child. For the

purposes of thls subdivlslon, "severe physical abusen means any of the following:

any single act of abuse whlci causes physical trauma of sufflcient severity that, if

left untreated, would cause permanent physical disfigurement, permanent physlcal

disabillty, or death; any slngle act of s€xual abuse which causes slgnificant bleeding,

deep bruising, or significant extemal or internal s\,velling; or more than one act of

physical abuse. each of which causes bleeding, deep bruising, significant external or

internal swelllng, bone fracture, or unconsciousness; or the willful, prolonged failure

to provide adequate food.

(6) That the chlld has been adjudicated a ward of the court as a result of severe

sexuaf ahuse or the lnfliction of severe physical harm to the child or a sibling, as

defined in this paragraph, by a parent or guardian and the court makes a factual

finding that it would not benefit the child to pursue reunification services with the

offending parent or guardian.

(A) A findlng of severe sexual abuse, for the purposes of this subdtvision,

may be based onf but is not limited tO, sexual intercourse, or stimulation

involving genital-genital, oral-genital, ana[-genital, or ora[-anal contact,

whether between the parent or guardian and the child or a sibling of the chitd,

or between the child or a sibling of the chlld and another person or anhal

with the actual or implied consent of the parent or guardian; or the

penetration or manipulation of the child's or sibling,s genital organs or rectum

by any animate or inanlrnate object for the sexuaigr;fificaflon;f the parent

or guardian, or for the sexual gratification of another person with the actual

or implied consent of the parent or guardian.

(B) A finding ofthe infliction of severe physlcal harm, for the purposes of

this iubdivision/ may be based on, but is not limited to, deliberate and

serious injury inflictea to or on a child's body or the body of a sibling of the

child by ah act or omission of the parent or guardian, or of another individual

or animal with the consent of the parent or guardian; deliberate and torturous

confinement of the child or sibling in a closed space; or any other torturous

actoromissionthatwouldbereasonablyunderstoodtocaUseserious

emotional damage.

(C)Asusedinthissubsection,'.sibling''alsoincludesapersonwhoselegal,

biological, or

foster parent is the parent of the child'

(7) That the parent is not receiving reunification services for a sibling of the child

pursuant to paragraph (3), (5), or (6)'

18) That the child was conceived by means of the commission of an act of sexual

i6'use. fnis paragraph only applies to the parent who committed the sexual abuse.

(9) That the parent or guardian of the child willfully abandoned the child' and the

danger to the child; or

ioirt finOs that the abandonment itself co stituted a seriousvoluntarily

surrendered

in"i ir," farent or other person having custody of the child

physical custody of the child.

(A) For the purposes of this subsection, "serious danger" means that

without the intervention of an( ther person or agency, the child

would have sustained severe or permanent dlsability, iniury,

illness, or death.

purposes of this subsection, "willful abandonment" may not

(B)

- For construed

as actions taken in good faith by the parent

without the intent of placing the child ln serious danger'

(10) That the court ordered termination of reunification services for any of the

initi's siUtings because the parent or guardian failed to reunify with the sibling after

the sibling hid been removed from the parent or guardian, and the parent or

problems that

tuardian ias not subsequently made a reasonable effort to treat the

led to removal of the child's sibling.

(11) That the parental rights of a parent over any sibling of the child had been

made a

iermanently severed, and that same parent has not subsequently

of that child

the

sibling

removal

problems

led

that

the

treat

Ieasonable effort to

from the parent.

(12) That the parent or guardian of the child has been convicted of a violent felony,

is defineO in subdivision (c) of Section 667.5 of the California Penal Code.

extensive, abusive,

(13) That the parent or guardian of the

rt-ordered treatment

ind chronic use of drugs or alcohol and

to the filing of the

peri

three-year

for this problem during

failed or refused to

has

petition that brought that child to the court's attention,

comply with a program of drug or alcohol treatment described in the family plan on

at leiit two prior 6ccasions, even though the programs identified were available and

accessible.

(14) That the parent of the child has advised the court that he or she is not

interested in receiving family maintenance or family reunification services or having

the child retumed to or placed in his or her custody and does not wish to receive

family preservation or reunification services.

(A) The court shall advise the parent of any right

to services and of the possible consequences of a waiver of

services, inctuding the termination of parental rights and

placement of the child for adoption.

(B) The court may not accept the waiver of services unless it states

on the record its finding that the parent has knowingly and intelligently

waived the right to services.

(15) That the parent or guardian has on one or more occasions willfully abducted

ihe'child or child's sibling from his or her placement and refused to dlsclose the

child's or child's sibling's whereabouts, refused to retum physical custody of the

child or child's sibling to his or her placement, or refused to return physical custody

of the child or child's sibling to the social worker,

(b) Permanency hearing Timeline where Reunification Services Not

Required

Where the Court has determined under subsection (a) that reasonable elforts to

reunify the family are not required, a perrnanency hearing must be held within 30

days of that determination, unless the requirements of the permanency hearing are

fulfilled at the hearing in which the court determines that reasonable efforts to

reunify the child and family are not required.

14.I3.O9. GROUNDS FOR CONTINUING REMOVAL FROM THE HOME

The Court must comply with the requirement of Section 14.13.05 above where it

orders the continued removal of a child.

CHAPTER 14 REVIEW HEARINGS

I4-L4.OL TIMING OF REVIEW HEARTNGS

The status of all children subject to the child/family protection code must be

reviewed by the court at least every six (6) months, except that the first review

following a formal trial on the issues must be held within ninety (90) days of the

formal trial on the issues.

T4.L4.O2 PURPOSE

The purposes of this hearing is to determine:

(1) whether court supervision must continue; and

(2) what services are needed by the family.

14.L4.O3 PROCEDURE

(a) Nature of Hearing

ine hearing will be informal in nature. Concerned parties may present evidence

relating to the sltuation. Hearsay evidence will not be excluded at this hearing but

must n-ot be the only evidence supporting any court decision. The general public is

excluded from the proceedings. only the parties, their counsel, witnesses, the

child's extended family and another persons determined to be appropriate by the

court will be admitted. Any child aged 10 or older has the rlght to attend the

hearing, if s/he so desires.

(b) Burden of Proof

is with the Tribe to prove ctearly and convincingly that the

irfrn" Burden of proofplan

and placement of the child is necessary to assure

iecommended Family

continued family safety, A child must be returned home at the review hearing unless

the court flnds by clear and convincing evidence that the child's continuing absence

from the home is necessary to protect the well being of the child

(2) rhe parent may present evidence that the family members will be safe without

continued court intervention, and/or out of home placement. The parent may also

present evidence that changes are necessary to the recommended Family Plan

either because some recommendations are not necessary or because some

problems are not addressed in the proposed Plan.

,4.,4.O4 SOCIAL SER\fICES REPORT

(a) Service and Notice of Content of Report

ihe Protective services worker must complete a report prior to each review hearing.

A copy of the report must be served on the parent or guardian and filed with.the

couri at least 5 days prior to the hearing date, and the case worker must make a

good faith attempt to meet with the parent or guardian, if their whereabouts are

lnown, and explain the contents of the report prior to the court hearing. In cases

where the parent or guardian has not been substantially complaint with the famlly

plan goals, the caseworker must discuss any problems or issues the parent or

guard-ian has with the previously agreed upon goals. If necessary, the caseworker

ind parent should set new goals, to be submitted to the court at the hearing.

(b) Content of RePort

The report must contain the following:

(1) A summary of the identified problem(s) to be addressed'

iii i;," i.irr"'effofts made by the caseworker to help the family move towards

reunification;

(ii wnat steps, if any, have the parent, guardian, custodlan, or social services

personnel already taken to correct the problem(s)'

guardian or custodian, but are

[+j Wf,"i r"*ices could be of beneflt to the parent,

not available ln the community.

since the last

(iiA .6;.t on how the chld is doing in his/her current placement(s) reason

for such

ire'"ring. If there have been any moves, the report must contain the

moves.

child since the first

ssed'

todian or child,

iAj o"t"r of contacts with

nearing was held, method

tTiIi ti"re have been no

what efforts have been made to contact s

home'

(8) An assessment of when th

and times of contacts,

fami

(gj A firt of the extended

cement

of child'

or-attempts to contact such fa

court

continued

hs,

(10) a recommended family plan for the n

involvement is recommended. The recommendations must include:

(A)clearlystatedresponsibilitiesandgoalsfortheparent(s),includingthe

names of'any recommended servlce providers or programs and a tlme line, if

applicable, for the fulfillment of the responsibilities or completion of the goals;

(B) What, if any actions, on the part of the parent will result in the Divislon of

Human Services filing a Petition for Modification or Termination of Parental

Rights;

(D) What services should be provided for the child, if services are needed. '

(11) The concurrent permanency plan for the child

L4.14.O5 EXPI-ANATION OF PROCESS

The court has a duty to explain to the parent and child, if present, the procedure the

court follows under the chlld/Family Assistance code. At this hearing, the court

must explain all of the following to the parent or guardian and child, if present:

(1) the contents and meaning of the Family Plan;

iZi tne pu,:pose and scope of the Review hearing; including the possible outcomes of

the hearing and

(3) their rights under the Child/Family Assistance code; and

i+j tfre poisif te outcomes of the Child/Famity Assistance case, if it proceeds

,,4.L4.O6 POSSIBLE OUTCOMES

In addition to the possible outcomes listed under L4.13.05, the court may find that

out-of-home placement continues to be in the child's best interests and further that

the child must not be returned to the home. The Division of Human Services may be

ordered to file a Petition for Modification or Termination of Parental Rights

I4.L4.O7 WRITTEN ORDER

The contents of the written order are the same as required under section t4,13._06,

*itn tn" additional requirement that in cases where the court orders the filing of a

Petition to terminate parental rights, the reasons must appear in the wriften order.

L4.L4.OA TWELVE MONTH REVIEW

(a) Alternative Permanency Pl

If,;i ih" conclusion of twelve (12

oi rn*irling to make substantial e

worker must propose an alternative perm

guardian has been -unable

family plan goals, the case

euniflcation'

(b) Notice to Parent or Guardian of Alternative to Reunification

irre court must explain to the parent or guardian that an alternative to reuniflcation

has been proposed, the reasons for the proposal, and the possibility that

reuniflcation will be terminated within six (6) months if the family plan goals are not

met. The court must ask the parent or guardian what difficultles they are having

meeting the goals. and, if lt appears necessary, order the parent or guardian to

once ajain meet again with the case worker to collaborate on a family plan'

ifri Court ;ust notice the parent or guardian, and the chlld, if present, as to the

date of the permanency plan hearing. The hearing may be set sooner than sjx.

months if the court finds by clear and convlncing evidence that the parent wlll be

unable to substantially meet the family plan goals in the remaining slx months.

(d). Judiciat Determination of Reasonable Efforts

to whether or

ite Court must make a flnding at the twelve month review hearing asfinalize

not reasonable efforts have been made by child & Family services to

permanency plan.

L4.L4.O9 PERMANENCY PI.AN HEARING

(a) Timeline

li, at gre conclusion of eighteen (1g) months the parent has been unable or

unwllling to complete thJcase plan goals necessary to ensure the safety of the child,

the reunification efforts of the Tribe will t lrminate. The permanenry plan hearing

may occur sooner, where the court has found that reunification Services are not

the parent cannot meet_the

,"iLrri.V under i+.13.08, where the court has found parent

requests termination of

where

the

f-* prlri goals within the allotted time;

reunifl cation services.

(b) Purpose of Hearing

in" prrior" of this hearing is to establish a permanent plan of placement for the

child.

(1) Timeline

ni i""rt 10 days prior to the permanenry hearing, Children and Family Services

must flle the proposed permanent plan for the child.

(2) content of Plan

The permanency plan must contain the following:

(A) the length of time services have been offered to the family and/or the

Lngth of ti;e the child has been in foster care placement as calculated under

1a.1s.03(a);

(B) The date, if applicable, the court entered an order finding that

ieunification services were not necessary under 14.13.08;

(O) tne recommended permanent placement for the child and the factual

reasons for the recommendation;

(E) any recommended continued servlces for the child;

ifi specific terms of visitation for any of the following, if any visitation is

granted:

(i)the parent or guardian visltation;

(ii) siblings

(iii) extended family members

The court cannot deny the parent, guardian, or slblings visitation unless it

finds by clear and convincing evidence that the visitation would be

detrimental to the best interests of the child.

L4.L4.LO PERMANENT PLACEMENT OPTIONS

(a) Options

The permanent placement options for children are any of the following:

(1) adoption of the child; or

(2) permanent guardianship of the child; or

(3) Long term fostercare;

(4) other placement under the care, custody, and control of the Division of

Human Services.

(b) LoCATTNG PERMANENT PLACEMENTS

A child who is 10 years of age or older, will be asked to identify any individuals,

other than the child's siblings, who are important to the child, in order to identify

potential adoptive parents, guardians, or other long term care givers.

L4.1.4,LL ADOPTION

(a) Adoption Likely

If the court deterrnines by a clear and convincing standard, that it is likely the child

will be adopted, the court must terminate parental rights and order the child placed

for adoption, unless an exceptlon under 14.15.03(b) exists. The fact that the child is

not yet placed in a preadoptive home nor with a relative or foster family who is

prepared to adopt the child, will not constitute a basis for the court to conclude that

it is not /ikely the child will be adopted

(b) Adoption Procedure

If the child is ordered placed for adoption, the prospective adoptive parent must file

a petition for adoption, and the court must order that an adoption hearing be set.

The court will proceed with the adoption, pursuant to the Tribal Adoption Code, after

the appellate rights of the natural parents have been exhausted.

L4, L4, 12 RELATIVE OR LONG TERM FOSTERCARE PLACEMENT

if the child is living with a relative or a foster parent who is willing and capable of

providing a stable and permanent environment, but not willing to become a legal

guardian, the child will not be removed from the home if the court finds the removal

would be seriously detrimental to the emotional well-being of the child because the

child has substantial psychological tles to the relatlve careta ker or foster parents.

7.4-L4.T3 OTHER PLACEMENT

If, after considering reunification, adoptlon, legal guardianship or permanent

placement wlth a fit and willing relative, Child and family Services believes that the

most appropriate permanency plan for the child is another living arrangement, the

permanency plan must document the reasons for the recommendation' Such

reasons may include:

(a) the case of an older teen who specifically requests that emancipation be his/her

permanency plan; or

(b) the case of a parent and child who have a significant bond but the parent is

unable to care for the child because of an emotional or physical disability and the

child's foster parents have committed to raising the child to the age of maiority and

to facilitate visitation with the disabled parent;

CHAPTER 15 TERMINATION OF PARENTAL RIGHTS

14.15.O1 PURPOSE

It is against the policy and philosophy of the Hoopa Valley Tribe to terminate

parental rights for the Tribe's children. Thls section shall be construed ln a manner

consistent with federal law, individual due process rights, and the philosophy that

the family unit is of most value to the tribal community and individual members

when that unit stays intacu and that the parent-child relationship is of such vital

importance that termination of parental rights should only be used as a last resot

when all other efforts have failed, and the termination is in the best interests of the

chlld.

L4.L5.O2 INVOLUNTARY TERMINATION

A parent's rights may be involuntarily terminated only if, by clear and convincing

evidence, the court finds that the termination would be in the best interest of the

chlld based on the occurrence of one of the following:

(1) Abandonment: The presumption of abandonment, as defined in 14.1.01(D), may

be overcome by information about efforts to maintain the parent-child relationship,

including a showing of regular visits telephone calls, Ietters or monetary support.

(2) Serious Phvslcal Abuse: Willful and repeated physlcal injuries to the child, or

failure to protect the child from such injuries, despite knowledge of the abuse by

another.

(3) Sexual Abuse: Willful and repeated acts of sexual abuse or sexual exploitation,

or fallure to protect the child from such abuse or exploitation at the hands of

another, despite knowledge of the abuse or exploltation.

(4) Severe neolect: Pervasive and uncorrectable failure or refusal to provide proper

or necessary subsistence, education, medical care, shelter, a safe environment or

any other necessary provision for the child's health and well being.

(5) Serious Emotional Harm: The return of the child may result in serious permanent

emotional damage as supported by the best evidence in the field of child

development.

(6) Severe Domestic or Familv Violence: There is a severe pattern of domestic of

family viotence that has continued despite all elforts to end it in order to protect the

child,

14.15.O3 MANDATORY FILING OF INVOLUNTARY TERMINATION PETTTION

(a) Required Filing of Involuntary Termination Petition

Children and Family Services, or other legal representative of the Tribe, must file a

Termination of Parental Rights Petition in the following circumstances, and

concurrently seek to identify, recruit, process, and approve a qualified family for

adoption, unless an exception under subsection (2) applies:

(1) Where the child has been in foster care and under the responsibility of the Tribe

for at least 15 of the most recent 22 months, as calculated cumulatively where the

child has had multiple exists from and entries into foster care during the 22 month

period, and excluding any trial home visits, or periods in whlch the child is classified

as a runaway. In such cases, the Petition for Modification must be filed before the

end of the 15s month of the child'foster care placement.; or

(2) where the child has been determined to be an abandoned infant. In such cases

the Petition for modification must be flled wtthin sixty (60) days of the judicial

determination that the child is an abandoned infant; or

(3) where the parent or guardian has been found guilty of any of the felonies listed

under 14.15.03(b).

(b) Exception to Requirement of Termination and Adoption placement

The Tribe may elect not to file a petition to terminate the parental rights of a parent,

and seek an adoption placement of a child if any of the following occur:

(1) At the option of the Trlbe, the child is being cared for by a relative;

(2) The Dlvision of Human Services has documented In the case plan (which must

be available for court review) a compelling reason for determining that filing such a

petltlon would be detrimental to the indiv,dual child/ Including, but not limited to:

(A) documented and compelling reasons in the case plan why the child is

unlikely to be adopted;

(B) documented continuing reasonable efforts to safely return the child within

the timeframes allotted under this code;

with the child and the child would benefit from continuing the relationship.

(D) A child 12 years of age or older objects to termination of parental rights.

(E) The child is living with a relative who is unable or unwilllng to adopt the

child because of exceptional circumstances, that do not include an

unwlllingness to accept legal or financial responsibility for the child, but who is

willing and capable of providing the child with a stable and permanent

environment and the removal of the child from the physical custody of this

person would be detrimental to the child.

1F) There would be substantlal interference with a child's sibling the nature

and extent of the relationship, including, but not limited to, whether the child

was raised with a sibling in the same home, whether the child shared

significant common experiences or has existing close and strong bonds with a

slbling, and whether ongoing contact is in the child's best interest, including

the child's long-term emotional interest, as compared to the beneflt of legal

permanence through adoption.

(3)The Tribe has not provided to the family, consistent with the time period in the

case plan, services that the Tribe deems necessary for the safe return of the child to

the home, when reasonable efforts to reunify the fumily are required.

1,4.L5.O4 PRE-FILING REQUIREMENTS

Prior to filing for Termination of parental rights, either of the following must occur:

(1) The Court finds that all of the following have occurred:

(a)Thechildhasbeenremovedfromhisparentscareforaperiodofatleast

6ne (1) year at the time of the flling of the petition; and

(b)The Court entered an order which stated what the parent was required to

do to correct his or her underlying problem

(ajrnu otuirion of Human services or other soclal service Agency has made a

gobo taitn aftempt to offer or provide all court ordered services that are

ieasonably available in the community and which are capable of helping the

parent resolve his or her underlying problem(s); and

ie) The parent has either not substantially complied with the court order, or

if," se*i."r have clearly not ended the abusive or neglectful behaviOr; and

(oThere is ltttle likelihood that the conditions will be remedied so that the

child can be returned to the parent in the near future; or

(2)The court finds that reunification services were not required under 14.13.08

L4.14.O5 CONTENT OF PETITION

When any of the following facts are known, the petition must state:

(1) name, place of residence and tribal affiliation of the petitioner (lf other than

tribal agenry)

(2) the?ull nime, gender, date and place of birth, residence and tribal affiliation of

the child;

(3) The basis for the court's jurisdiction;

(4) the relationship of the petitioner to the bhild;

Parents;

iSi rua."", addresses, tribal affiliation, and dates of birth for the child's

parents

parent's

the

iOi tf tn" ihild,s parent is a minor, the names and addresses'of

parent's

extended

or'guardian, and if no parent or guardian, the members of the

familyi

(7)The name and address of the person or agency having legal or temporary

custody of the child;

(8) Th; grounds on which the termination is sought under this sectlon (unless

voluntary' modification)

(9) A stitement that the pre-filing requirements have been met; and

ifb) n tirt of the assets oi the cnild together with a statement of the value thereof.

L4.L5.O6 WHO MAY FILE

Any' of the following may file a petition to terminate parental rights:

(1)The Division of Human Services or other authorized representative of

the Hoopa ValleY Tribe

(2) Either parent if termination is sought as to other parent

L4.L5.O7 SERVICE

(a) Petition

The petition must be personally served prlor to filing of the termination request,

unless the parent resides outside the external boundaries of the Hoopa valley

Reservation or where personal servlce cannot be completed despite good faith

efforts. In such cases, the parent or guardian may be served by certified mail,

return receipt requested, If the location of the parent is unknown, the petitioner

may petition the Court for service by publication, The respondent must be served

with a blank response form where service is completed by personal service, or by

certified mail retum receipt requested.

(b) Hearing

The Court must pensonally serve the parent with the Notice of Hearing, unless the

parent resides outside the external boundaries of the Hoopa Valley Reservation. If

the parent resides outside the external boundaries of the Hoopa Valley Reservation,

the parent may be served by certified mail, return receipt requested. Service by

publication will suffice only if the location of the parent is unknown.

14.15.O4 RESPONSE PERIOD

The parent or guardian has 30 days to respond to the petition.

14. 15.09 PRE-TERMINATION REPORT

Upon the filing of petition for termination, the Court must order the Division of

Human servlces to file a report at least five (5) days prior to the hearing, The

report rnust include the circumstances of the petition, any investigation related to

the petitlon or response/ the present condition of the child and parents, proposed

plans for the child, and other such facts as may be pertinent to the parent child

relationship. A copy of the report must be served upon the parent prior to filing

except in cases where the parent has been served by publication.

14.T5.10 HEARTNG PROCEDURE

The hearing is a full trial on the merits, subject to the rules of evidence found in Tltle

2 of the Hoopa Valley Tribal Codes, and is closed to the public. Any chlld aged 10 or

older has the right to attend the hearing, if s/he so desires.

BURDEN OF PROOF

',4.L5.LL

The

burden is on the petitioner to prove by clear and convincing evidence both:

(1) the allegations in the petltion; and

(2) the best interests of the child will be served by the termination.

L4.L5.7.Z. ORDER

(a) Contents

The court order must include formal findings of fact and conclusions of law as a

basis for the written order terminating the parent-child relationship, including:

(1)Which, if any, of the allegations in the petltion were found true;

(2)What facts did the court based its determination of the allegations on;

(3)What senrices have been provided or offered to the parent, or

guardian, to help correct the underlying problem(s);

(4)The extent to which the parent has utilized those servlces;

(s)Whether it would be in the best interest of the child to modify the

parent-child relationship, and the factual basis for that conclusion(6)A finding that the continuation of the parent-child relationship clearly

diminishes the child's prospects for successful placement into a

permanent and stable home;

(b) Effect

Upon the termination of parental rights, all rights, powers, privileges, immunities,

duties and obtigations including any rights to custody, and control, existing between

the child and parent are severed, unless the Court order or this Code, otherwise

states.

No right to visitation survives the termination, unless specifically stated in the order.

Any visitation must initialty be supervised, and subject to the approval of the child, if

of suitable age or discretion, or the child's legal guardian if the child is too young to

reasonably consent.to visitation with the parent.

(d) Child's Continued Rights to Benefits

An order terminating the parent-child relationship does not disentitle a child to any

benefit due to him from any third person, state, or United States, nor shall the order

affect any rights and benefits that the child derives from the child's descent from a

member of a federally recognized Indian Tribe.

14, 15. 13 VOLUNTARY TERMINATION

Parental rights may be voluntarily terminated by a parent, in writing, if signed by

the parent in the presence of and with the approval of the Court only where the

court finds by clear and convincing evidence that the child is likely to be adopted.

The court must ensure that the parent understand the consequences of the

voluntary termination prior to approving it'

(1) Voluntary termination shall not be accepted or acknowledged by the court prior

to ten (10) days after the birth of the child.

(2) In any voluntary proceeding for terminatlon of parental rights to, or adoptive

placement of, an Indian child, the consent of the parent may be withdrawn for any

reason at any tlme prior to the entry of a final decree of terminatlon or adoption, as

the case may be, and the chitd shall be returned to the parent.

CHAPTER 16 MODIFICATION OF PARENTAL RIGHTS

14.16.01 COURTS AUTHORITY TO MODIFY

In all cases in the court has determined that abuse or neglect has occurred, the

court may limit the control to be exercised over the child by any parent or guardian.

14.L6.O2 EXPLANATION TO THE PARENT OR GUARDTAN

At hearing, the court must explain to the parent, guardian, and child, if present, any

limltations on the parentt control over the child. Additionally, the written court

order must clearly and speciflcally set forth any limitations of the parent or

guardlan.

14.15,O3 SCOPE OF LTMTTATIONS

The limitations may not exceed those necessary to protect the child.

L4.L6.O4 EDUCATIONAL DECTSIONS

If the court specifically limlts the right of the parent or guardian to make educational

decisions for the child, the court must at the same time appoint a responslble adult

to make educational decisions for the child until one of the following occurs:

(1) The minor reaches 18 years of age, unless the child chooses not to make

educational decisions for himself or herselt or is deemed by the court to be

incompetent,

(2) Another responsible adult is appointed to make educational decisions for the

minor pursuant to this section.

(3) The right of the parent or guardtan to make educational decisions for the

minor is fully restored.

(4) A successor guardian or conservator is appointed.

(5) The child is placed into a planned permanent livlng arrangement at which time

the foster parent, relative caretaker, or non-relative extended family member has

the right to represent the child in educational matters.

14.16.05 LONG TERM MODIFICATION ORDERS

Where a child as been placed in a permanent placement outside the custody of the

parent, and parental rights have not been terminated, the court must state in a

written order what, if any, Iimitations it is imposing on parental rights.

(a) Recommendation of Children and Family Services

Included in the final review report recommending the permanent placement plan for

the child, Children and Family Services must recommend any modifications to the

parental rights that they deem to be in the best interest of the child.

(b) Hearing

The court will hear the modification request at the permanency plan hearing, unless

one of the parties, or the court on its own motion, continues the modification issues

to a separate hearing in the interests ofjustice. If the matter is continued, the

modiflcation hearing will be set no later than 21 days from the permanency

hearing.

plan

The court order must include the following:

(1)A statement as to whether or not a modiflcation of parental rights is in the best

inierests of the child and the factual basis for such a finding;

(2) A statement of the specific limitations imposed;

(3) a finding that visitation with the parent would be detrimental to the child, and

the factual basis for that finding, if visitation is denied.

CHAPTER 17 MODIFICATION, REVOCATION OR EXTENSION OF

COURT ORDERS

t4-L7.Ot MOTTON TO MODTFY, REVOKE OR EXTEND COURT ORDER

The court may hold a hearing to modify, revoke or extend a court order under this

code at any time upon the motion of any of the following:

1) the child;

2) the child's Parent;

3) the prospective adoptive parent(s) upon court order;

4) the child's counsel or guardian ad litem;

5) a legal representative of the tribe;

6i the institution, agency, or person vested with the legal custody

of the child or responsibility for protective supervision, or;

7) the court on its own motion.

T4.L7.O2 HEARING PROCEDURE

Any hearing to modify, revoke or extend a cout order shall be held in accordance

with the procedures established for the order at issue.

L4.17.O3 REINSTATEMENT OF PARENTAL RIGHTS'

The Court may not reinstate prevlously terminated or modified parental rights

unless it finds by clear and convincing evidence that the reinstatement of parental

rights is in the best interests of the child, and specifies in the written order of

reinstatement the factual basls for its finding.

CHAPTER 18 AUTHORIZATION OF MEDICAL TREATMENT

14.1a.O1 COURT'S AUTHORTTY

At any time whether or not a child is under the authority of the court. the court may

authorize medical or surgical care for a child when:

L4.IA.O2 UNAVATLABILITY OF PAREilT, GUARDIAN OR CUSTODIAN

A parent, legal guardian or custodian is not lmmed;ately avallable and cannot be

found after reasonable effort in the circumstances of the case, or;

L4.LA.O3 LIFE ENDANGERITIENT

(a) Physician's Opinion

A physician informs the court orally or in wrlting that in hls professlonal opinion, the

life of the chitd would be greatly endangered without certaan treatment and the

parent, guardian or other custodian refus$ or fails to consent. If tlme allows in a

situation of thls type, the cburt shall cause every effort to be made to grant the

parent(s), guardian, or custodian an lmmediate intormal hearlng, but thls hearing

shall not be allowed to further jeopardize the child's life.

(b) spiritual or Cultural Healing Practices

In maklng its order the court shall give due consideration to any treatment being

given the child by prayer through spiritual means alone or through other methoc,s

approved by tribal customs or traditions or religions, if the child or his parent,

guardian or legal custodian are adherents of a bona fide religious denomination that

relles exclusively on this form of treatment ln lleu of medical treatment, or practlces

ln fEct the trlbal customs or traditions or religion upon which is relied for such ,

treatment of the child.

Oral authorization by the court is sufficient for care or treatment to be given and

shall be accepted by any physictan or hospital in emergency circumstances where

the childt life is endanger or the child is in signifiqdnt pain. The court must issue a

written order and serve a copy of the order on the medical provider as soon as

possible after the oral authorization has been given.

14.I8.O4 LIABILTTY FOR MEDICAL PROVTDER ACTING UNDER COURT

AUTHORIZATION

No physiclan or hospital or other medical provider or employee thereof acting within

the scope of their employment shall be subject to criminal or civil liability in the

court for performance of care ot treaEnent In reliance on the court's authorlzation,

and any function performed with court authorizatlon shall be regarded as if it \,yere

performed with the chlld's and the parent's authorization.

CHAPTER 19 FOSTER HOME LTCENSTNG PROCEDURES

,.4.7.9.OL AUTHORIZATION FOR CFS PERSONNEL TO LICENSE AND INSPECT

FOSTER HOMES

The Child and Family Services department within the Division of Human Services

shall be responstble for the licensing and inspection of foster homes.

L4.L9.O2 ELIGIBILIW FOR FOSTER CARE LICENSING

(a) Geographica! limitations on Hoopa valley Trabal Licensed Fostet Homes

ihl foster home lnspector shall examine homes of Tribal members and others who

reslde both on the reservation and within a seventy-five (75) mile radius of the

reservation.

(b) Limitations on Number of Foster Placements per Home

Except under exceptional circumstances, or in order to preserve a family unit, no

foster home may accept more than four (4) foster placements.

Any license issued by the foster home Inspector Shall apply only to the residence(s)

where the famiiy ls living at the time applicauon for a license is made, and a

perrnanent change of residence automatically terminates the license' The foster

care parents are requlred to notify the foster care inspector whenever a change of

residence is contemplated.

14.19.03 Compensation for Foster Parents

Dependant upon the availability of funds, the tribe will compensate foster parents

for each foster child placed in their home, at a rate to be determined annually. The

Council shall inform human services annually as to the rate of reimbursement for

foster care. If no funding is available For fostercare, the Councll must notify Human

Services at least 30 days prior to the start of the fiscal year.

14-19.04 Foster Home Requirements

(a) Potici€s and Procedures for Licensing Fostcr Homes

ihb Division of Human Services wlll ImPlement addltional necessary pollcies and

procedures regarding foster home licensing requlrements. A copy ofthe policles

and procedures must be provided to all prospective foster parents. A foster home

inspector must meet with the prospectiv€ parents and review the pollcies and

procedures with them, prior to the home licensing visit'

(a) Construction of Home

ffi frome shall be constructed, arranged and malntalned so as to provide for the

health and safety of all occupants.

(1) Heating, ventilation, and light shall be sufficient to provide a comfortable

itmosphere with sufficient fresh air' Furnishings and housekeeping shall be

adequate to protect the health and comfort of the foster chlld.

(2) Comfortable beds shall be provided for alt members of the family. sl€eping

iooms must provide adequate opportunities for rest. All sleeping rooms must have

a wlndow of a type that may be opened readily and may be used for evacuatlon in

case of fire.

(3) Play space shall be available and free from hazards which mlght be dangerous to

the life or heatth of this chlld.

(d) Right to Inspect Home

The foster care inspector may, upon twenty-four (24) hours'notice, inspect a foster

care dwelllng at any time.

14.19.05 The Focter Famaly

(a) H€alth of Foster Family

All members of the household must be in such physlcal and mental health as will not

adversely effect either the health of the child or the quality and manner of his care,

(b) Criminal Background Checks

The foster parent(s), and any other adults living h the home, must undergo a

crimlnal background check, and make the results of the check avallable to the foster

home inspector.

(1) Ineliglble offense

The foster parent(s), and any other adulLs llving in the home, must never have been

convicted of a felony for any of the following;

(A) Child abuse or neglect;

(B) Spousal abuse;

(D) A crime involving vlolence, including rape, sexual assault, or

homicide, but not lncluding other physlcal assault or battery.

(2) Offenses Inelioible if Committed within 5 vears

The foster parent(s) must not have a felony conviction withln the last

five (5) years for any of the followlng crimes:

(A) Physical assaulu

(B) 8attery; or,

The foster. parent(s) must be of sultable temperament to care for the children, shall

understand the special needs of the chlld as an Indian person and shall be capable

of bringlng the child up as an Indian person who is well adjusted and able to get

along both withln the Tribal communlty and in the surounding non-Indian

comm unity as well.

(d) Charader of Foster Parents

The foster parent(s) must be responsible, mature indjviduals who are, in the vlew of

most community members, of good character. Foster parents must be at least

twenty-one (21) years old (unless a member of the child's extended family), but

there is no upper age level provided the foster parent has the physical and

emotional stamina to deal with the care and guardianship of a foster child. The

foster parent rnust be willing, when necessary, to cooperate wlth the biological

parents and must be wilting to help the family re-establish the necessary family ties.

(e) Slngle Parent Homes

A ioster home does not necessarily have to have both a male and female foster

parent. The foster care lnspector may, at hls discretion, certify a foster home with a

single foster parent provided that foster parent displays the outstanding qualities

necessary to raise a foster child.

(f) Income of Home

'ihe foster parent(s) must have an income sufficient to care for all indivlduals in the

foster home. The foster care insPector can take into account any Tribal or

governmental stipend when determlnlng the financial abiliEy of th€ foster care

parents.

(g) Preschool Age Children

lny Ume a pre-school aqe or younger foster child ls placed ln a foster home there

must be at least one (1) foster Parent in full tlme attendance. For school age

children the foster parent must show the arrangements which will be made for those

periods of time when both foster parents are employed, Infants and young children

shall never be Ieft alone wlthout competent suPervision.

(h) Community Hember fnterviews

The foster care inspector is authorized to make a complete investigation to

determine the adequacy of the foster care home. The inspector shall be authorized

to talk to not only the potential foster care parents, but also any other tribal

member who is familiar with the applicants and is familiar with the type of care they

provide to their children.

(i) change ln Hous€hold

The foster care parents must notify the foster home inspector whenever a change

in the household occurs. For example, if one ofthe fostercare parents is convicted

or is accused of a major crlme or if one of the foster parents moves out of the

residence, or if any other person moves lnto the residence, the foster care inspector

must be hformed within forty-elght (48) hours.

0) child's Health

The responsibility for a child's health care shall rest with the foster Parents. In case

of sickness or accident to a child, irnmediate notice shall be given to the foster care

inspector. Foster care parents may consent to surgery or other treatment In a

medical emergency.

(k) Prohibited DisciplinarY Practices

The foster ere parent(s) shall not subject the child to verbal abuse, derogatory

remarks about himselt his natural parents or relatives, or to threats to expel the

child from the foster home. No chlld shall be depdved of meals, mail or family visits

as a method of discipline, When discipline or punlshment must be administered, it

shall be done with understandlng and reason. The method of punishment wtll be

that which is accepted by the people of the Reservation Indian communiV.

14.19.06 Bill of Rights of Foster children

Any child placed in Foster care pursuant to this code shall have all of the followlng

rights:

1. To live in a safe, healthy, and comfortable home where he or she is treated with

respect,

2, To be free from physlcal, sexual, emotional, or other abuse, or corporal

punishment,

3. To receive adequate and healthy food, adequate clothing.

4. To receive medlcal, dental, vlsion, and mental health services.

5. To be free of the adminlstratlon of medication or chemical substances, unless

authorized by a physician.

6. To contact family members, unless prohibited by court order, and soclal workers,

attorneys, foster youth advocates and supporters/ Court Appointed Special

Advocates (CASA), and probaUon officers.

7. To visit and contact brothers and sisters, unless prohibited by court order.

8. To have the name and contact information for hls or her case manager available

to the child.

9. To contact the Division of Human Services regarding violations of rights, to speak

to representatives of these offices confidentlally, and to be free from threats or

punishment For making complaints.

10. To make and receive confidential telephone calls and send and recelve unopened

mail, unless prohibited by court order.

11, To attend religlous services and activities of his or her choice.

12. To maintain an emancipation bank account and manage personal income,

consistent with the child's age and developmental level, unless prohlblted by

the case plan.

13. To not be locked in any room, building, or fadllty premises, unless placed ln a

comrnunity treatment facllity.

14. To attend school and participate in extracurricular, cultural, and personal

enrichment activities, consistent with the child's age and developmental level.

15. To work and develop job skills at an age-appropriate level that ls consistent

with state employment law,

16, To have social contacts with people outside of the foster care system, such

as teachers, church members, mentors. and friends.

17, To attend lndependent Living Program classes and activities if he or she meets

age requirements and such programs are available.

18. To attend court hearings and speak to the judge.

19. To have storage space for private use.

20. To review his or her own case plan if he or she is over 12 years of age and to

receive lnformation about his or her out-of-home placement and case plan, including

being told of changes to the plan,

21, io be free from unreasonable searches of persooal belongings.

22. To confldentiality of alljuvenile court records consistent with existing law.

23. To have fair and equal access to all available services, placement, care,

treatment, and beneflts, and to not be subJected to dlscritninatlon or harassment on

the basis of actual or perceived race, ethnic group identlflcation, ancestry, national

origin, color, retigion, sex, sexual orientation, gender identity. mental or Physical

disability, or HIV status'

24. At 16 years of age or older, to have access to existjng informatlon regarding the

educational options avallable, including. but not limited to, the coursework

necessary for vocauonal and postsecondary educational programs, and information

regarding flnancial ald for postsecondary educatlon.

CHAPTER 20 EMANCIPATION

A child aged 15 or older may petition the court For emancipation. The court will

order a child emancipated when s/he proves to the court that s/he is capable of

functioning as an lndependent and responslble member of the community. In

making this deterrnination, the Court must look at any relevant factors, lncluding'

but not limlted to:

1) The financial status ofthe child;

2) The housing situation of the child;

3) The education level ofthe child;

4) The employment status of the child

CHAPTER 21 CHILD/FAMILY PROTECTION RECORDS

7.4.2t .OL Children's Court Records

All children's court records are conndential and will not be open to lnspectlon to any

but the following:

1) the child;

2) the child's parcnt' guatdlan or custodian;

3) the prospective adoPtive Parent(s);

4) the child's counsel or guardian ad litem;

5) the chitdren's court personnel directly lnvolved ln the handling of the

case;

6) any other person by order of the court, having legitimate interest in the

particular case or the work of the court,

14.21.02 [-aw Enforcem€nt and Social Services Records

Law enforcement records and files concerninq a chlld shall be kept separate from

the records and files of adults. All law enforcement and social services records shall

be confidential and shall not be open to lnspection to any but the followlng:

1) the chlld;

2) the child's parent, guardian or custodian;

3) the child's counsel or guardlan ad litem;

4) law enforcement and social services personnel directly involved ln the

handling-of the case;

5) the children's court personnel directly invotved in the handllng of the

case;

6) any other person by order of the court, having legitimate interest in the

particular case or the work of the couft.

CHAPTER 22. GUARDIANSHIP

14,22.Ot Voluntary- Nomination of Indlan Custodian

Any parent with sole legal and physlcal custody who is an enrolled mem.ber of a

federally recognized tribe, or an Alaska Native and a member of a Regional

Corporation, may voluntarily name another Indian to be the temporary guardian of

an Indian child.

(a) Shared Custody

If the parent shares physical or legal custody of the child with the other parent, both

parents must sign the nominatlon form in order for the appointment of the

custodian to be valid.

(b) Duration of guardlanship

The guardianship will last for one year and may be renewed annually, Unless

another time period is stated in the Nornination of Indian Custodian Paperwork.

The court wlll have NominaUon of Indian Custodian forms available for use. Th

court will recognize any language whose intent is to establish a voluntary

guardianship of a child, regardless of the fiorm of the language provided the

following is included:

(1) the narne of the child; and

(2) fhe name and signature of the parents consenting to the guardianship; and

(3) the name of th€ intended guardlan; and

(4) the duration of the guardianship.

t4.22.02 Cou rt Appoi nted

The Court, when it appears in the best interest of the chlld, may appoint a guardian.

The case worker must file a guardianship report, and a hearing must be held prior to

the appointment of the guardian.

(a) GuardianshiP RePoft

The report shall include the following:

(1) Clrrr€nt search efforts for, and notiflcation of, noncustodlal parent;

i2j n revtew of the amount of and nature of any co ntact between the child and his

or her parents since the flling ofthe petition.

(3) An evaluation of the child's medical, develoPmental, scholasUc, mental, and

emotional status;

(4) A preliminary assessment of the eligibility and commitment of any identlfied

prospective guardian, particularly the caretaker. to include a social history including

a screening for criminal records and prior referrals for child abuse or neglect, the

capabillty to meet the child's needs, and the understanding of the legal and financial

rlghts and responsiblllties of guardiahship;

(5) The relatlonship of the child to any id )ntified prospective guardian and the

duration of the relationshiP;

(6) the motivation of the guardian for seeklng guardianship;

(Z; ana a statement from the child, if of suitable age and maturity, conceming the

guardianship;

(8) any other potential placements for the child.

L4.22.A3 Guardianshlp Hearing- Court Appoil*ed Guardian

(a) Notace

ttri court must notice the following parties of the guardianship hearing: the child,

the proposed guardian, the parents provkled no prior modiflcation of parental rights

has occurred, and the case worker,

(b) Purpose of Hearing

The purpose of the hearlng ls for the court to determine the suitability of the

proposed guardian.

(c)Notificataon of Guardianship Rights and R€sponsibilitics.

At this hearing, the court must notlfy the potentlal guardlan of his or her rights and

responsibilltles as the legal caretaker for the child(ren). The case worker, potenUal

guardian, child, and any family of community rnernber with lnformatlon related to

the suitabiliry of the proposed guardian may testify at the hearlng, which wll, be

closed to the public.

14.22.04 Guardianship Order

(a) Scope of order

Guardianship provides for the temporary or permanent custody of a child to

sorneone other than the parent(s), although there ls no terminatlon of the parental

rights of the parents,

(b) Placement Preferences

The preference for placements of a child in a permanent guardlanship situation shall

be in the following order unless the court determines that the child's best interests

reguire deviation from the preferences:

(l)extended family members

(2) A tribal member or person eligtble for tribal membership

(3Jother Indian person(s), and

(4) where no other suitable placement can be found, any person who has

some knowledge of the child's tribal affiliaUoh and his special needs

anship ln order to provide

:ilI"':ff#,,xx.iit jiff fl .r,,i,l

. (d) Visitation for Family Members

The parent(s) and the child's extended family sha be granted liberat visitation

rights unless deemed lnappropriate by the Couft

L4.22,O5 TER.Ir{INATTON OF GUARDIANSHIP

(a) Automatic

A Guardianship will terminate automatically upon:

(1) the child tuming eighteen (18);

(2) the child being legatly emancipated; or

(3) the expiratlon date included in the written order

(b) For Cause

The child. if of suitable age and maturity; the case worker; or the guardian may file

a motlon with the court requesting the termination of the guardtanihip for good

cause. Good cause Includes. but is not limited to, the foflowing:

(1) irreparable breakdown in the chitd-guardian relaflonship; or

(2) Rnanclal difficutties ofthe guardidn which prevent the guardian fi,om caring

adequately for themselves, the child, or other children or dependents in thE

household;

(3) Health issues which arlse and leave the guardtan unable to adeqtely for the child

CHAPTER 23 CHILDREN'S COURT APPEALS

1r4.23,O1who Can Appeal

Any party to a childreh's couft hearing may appeal a final children,s court order.

L4.23.O2 Time Limit for Appeal

Any party seeking to appeal a final children's court order shall file a written notice of

appeal with the court within twenty (20) days of the final order'

14.23.O3 Record

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

his parent, guardian or custodian, the child's counsel and others upon court order.

Costs of obtaining this record shall be pald by the party seeklng the appeal.

14.23.A4 stay of APpeal

The court may order a stay of the appealed order pending the outcome of the

adpeal. No stay may be granted where the child's safety will be jeopardized'

,.4.23.05 Conduct of Proceedings

All appeals shall be conducted ln accordance with the tribal code and tribal court

rules of pfocedure as long as those provisions are not in conflict wlth the provislons

of this children's code.

CER?IEICATION

I, the undersigned, as Chairman of the Hoopa Valley Tribal Council so certify

that the Hoopa valley Tribal Council is composed of eight (8) members of which

six (5) members were present, constltutlng a quorum, at a regular meetlng

thereof; duly and regularly called, noticed, convened, and held this nineteenth day

of lune, 2OO8; and that this ordinance was adopted by a vote of flve (5) for,

zero (o) opposed, and zero (0) abstaining; and that since approval, this ordinance

has not been r#inded, amended, or rnodlfied ln any form.

DATED THIS NINETEENTH DAY OF JUNE, 2008.

Clifford Lyle Marshall, Chalrman

Hoopa Valley Tdbal Coundl

Hoopa Valley Tribal Council

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.