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The Confederated Tribes of Siletz Indians of Oregon: Tribal Government Operations

Last amended: 1999

SILETZ JUVENILE CODE

§8.400 PURPOSE:

(a) Authority and Purpose

It is the purpose of this Ordinance to assure the future of the Confederated Tribes of the Siletz Indians of Oregon ("Siletz" or "Tribe") by establishing procedures to protect the best interests of Siletz children and of the Tribe and its customs and culture, as required by the Siletz Constitution.

(b) Policy

It shall be the policy of the Tribe, with regard to the welfare of its youth, to:

(1) Protect the best interests of Siletz children by preventing the breakup of Siletz families, and promote the stability and security of the Tribe by establishing tribal standards for the conduct of child custody proceedings involving Siletz children;

(2) Protect and strengthen the cultural ties and ethnic identity of its youth wherever possible;

(3) Secure to each minor coming before the Tribal Juvenile Court such care, guidance, and control, preferably in his or her own home, as will serve both the child's best interests and welfare, and the best interests of the Siletz Tribe;

(4) Compel the parent, custodian, or guardian of a Siletz minor to provide a proper physical and emotional home environment for the child, and facilitate changes or improvement in the home environment where necessary to protect the health, safety, and development of all Siletz children;

(5) Secure to any child removed from his or her home the care, guidance, and control as nearly equivalent as that which the child should have been given by its parents to help him or her develop into a well-adjusted, responsible adult;

(6) Foster cooperative intergovernmental relations regarding the welfare of Siletz children between the Siletz Tribe and the State of Oregon, and between the Siletz Tribe and other states and tribes;

(7) Provide child welfare services to Siletz children and families that are in accord with the traditions, laws and cultural values of the Tribe;

(8) Preserve the opportunity for Siletz children to learn about their culture and heritage, and to become productive adult members of the Siletz tribal community by experiencing their culture on a permanent basis.

This Code should be liberally construed to achieve these purposes.

§8.401 DEFINITIONS:

All terms used in this Ordinance shall be interpreted in a broad fashion designed to encourage the jurisdiction of other Siletz Tribal Court over children who come under the protection of this Code, and to facilitate the authority of the Tribal Court to act to protect the interests of Siletz children and families.

This Ordinance shall be interpreted in light of Siletz tribal laws, customs, and traditional child-rearing practices. Terms not specifically defined in this Ordinance shall be defined according to their normal usage, or as defined in the Indian Child Welfare Act, 25 USC. §§ 1901 et seq., as appropriate.

As use in this Ordinance, the terms listed below shall have the following meaning:

(1) Abandon - When a parent leaves a youth without adequate communication or fails to support a youth and there is no indication of the parent's willingness to assume his/her parental role for a period exceeding two (2) years;

(2) Administrative Review - A system, utilizing a panel of no less than three (3) appropriate persons, to review both the case plan and the placement of each child receiving foster case maintenance payments from state or federal funds;

(3) Adult - Any person subject to the jurisdiction of the Siletz Tribe who is either eighteen (18) years of age or older, married or otherwise emancipated;

(4) "Best Interests of the Child" - Either the preservation of the connection between a Siletz child and his or her culture, family, and Tribe in a setting that is stable, secure, safe, healthy and emotionally, spiritually, socially, and intellectually enriching, and in which the special needs of that child, if any, may be met, or the creation of such a connection if one does not currently exist;

(5) "Case Plan - A written document for each child under the jurisdiction of the court which shall include a detailed service plan designed to reunite the family, and which is designed to achieve placement in the least restrictive, or most family-like, setting available, and that is in close proximity to the Parents of the child. The case plan shall include at a minimum a detailed list of the services to be provided to the child and family, which will provide those services, the time frame in which the services will be provided, what standard will be considered compliance with the services, and the respective responsibilities of the Tribal Social Services Department and the family and the child in making the services available and in taking advantage of such services. The case plan shall include, at a minimum, all requirements of the Social Security Act of 1980, P.O. 96272, for case plans where the child is receiving foster care maintenance payments from federal or state funds;

(6) Case Review System - A procedure to review the status of each child in foster care no less than once every six (6) months by the Tribal Court and Tribal Social Services Department or Administrative Review Panel, if appropriate;

(7) Court - The Siletz Tribal Youth Court when exercising jurisdiction under this Code;

(8) Custodian - A person, other than a parent or guardian, who has been temporary physical care, custody and control of a youth, including the duty to provide food, clothing, shelter, medical care, education, and supervision to the youth;

(9) Domicile - The permanent residence of an individual. The determination of a domicile and residence shall be in accordance with Tribal law and custom. The domicile of a minor is presumed to be that of his or her mother unless proven otherwise;

(10) Extended Family Member - A person who is a tribal member and who has reached the age of eighteen (18) and who is the minor's grandparent, aunt, or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, step-parent, godparent, or traditionally appointed custodian;

(11) Foster Care - A social service that provides substitute family care for a child for a planned period of time when the child's own family cannot care for him or her. It includes all out-of-home care that is not officially sanctioned by the Tribal Social Services Department. Out-of-home care encompasses both voluntary and involuntary placements, short or long-term placements, and temporary or emergency placement with a family, group home, or institution;

(12) Guardian - A person other than the minor's parent who is by law responsible for the care and custody of that minor or his or her estate;

(13) Guardian ad-litem - An adult appointed by the Court to represent a minor in any lawsuit to which he or she may be a party, for the protection of the minor's best interests;

(14) Indian Custodian - An adult tribal member to whom temporary physical care, custody and control of the minor has been transferred either by the minor's parents or as a result of Siletz tribal custom and tradition;

(15) Indian Tribe - Any Indian tribe, band, nation or other organizational group, or community of Indians traditionally recognized as an Indian tribe by the Tribal council or recognized as eligible for services provided to Indians by the Secretary of the Interior because of their status as Indians, including any native groups in Alaska that are organized pursuant to the Alaska Native Claims Settlement Act as amended; (what will happen in Noatak?)

(16) Indian Youth - A youth who is under the age of eighteen years and who is either enrolled in an Indian tribe or both eligible for enrollment in an Indian tribe and a biological child of an enrolled Indian;

(17) Least Restrictive Placement - A placement that most approximates a family environment and that is in close proximity to the minor's parent(s);

(18) Parent - Includes natural or adoptive parents; does not include persons whose parental rights have been terminated, and excludes any unwed father whose paternity has not been acknowledged or established;

(19) Presenting Officer - An individual who has been appointed by the Tribal Council to carry out the duties and responsibilities set forth in this Code;

(20) Qualified Elder, Historian or Other Tribal Representative - An individual who, because of his or her knowledge and experience, has been certified by the Siletz Tribal council to testify as to the traditions and customs of the Siletz Tribe before any federal, state or tribal court, or any administrative body;

(21) Reservation - Means Indian country as defined in Section 1151 of Title 18 USC, and any lands not included under that definition, title to which is either held by the United States in trust for the benefit of any Indian tribe or individual or held by any Indian tribe or individual subject to a restriction by the United States against alienation;

(22) Shelter Care - A home or other living facility used as a temporary living place for a minor pending the return of the minor to his or her family, or his or her placement in a residential facility designed for a long-term placement which does not physically restrict the minor;

(23) Siletz Minor - A child who is under the age of eighteen, and who is either the child of a Siletz member, eligible for membership in the Siletz Tribe, or of Siletz descent.

(24) Youth in Need of Care - A child who has been found to be in one or more of the following situations:

(a) An abused child who has suffered or is likely to suffer a non-accidental physical injury which causes or creates a substantial risk of death, disfigurement, impairment of bodily functions, or serious physical or emotional harm, as determined by appropriate medical or professional personnel, or who has been sexually abused or subjected to the threat of sexual abuse;

(b) A neglected child is a child whose parent or custodian fails or is unable to carry out their parental or custodial duties to the extent that the child's physical or emotional health, safety, welfare or intellectual development are harmed or threatened, including the failure of such parent or other custodian to take advantage of reasonably available public assistance and service programs designed to furnish such needs where the parent or custodian cannot provide such needs on their own; or

(c) An abandoned or dependent child is a child whose parent or custodian has left the child without reasonable arrangements for care and supervision such that the physical or emotional health of the child is affected or threatened, or child who has no parent or other custodian able, willing, and available to fulfill parental duties.

§8.402 JURISDICTION:

(1) The Court shall have original jurisdiction over any proceeding concerning a minor alleged to be in need of care, termination of parental rights, adoptions, guardianships, or emancipation which involves:

(a) Any minor of Siletz descent who resides or is domiciled within the Service Area of the Tribe as that term is defined by federal and tribal law;

(b) Any Siletz minor, regardless of his or her residence or domicile;

(c) Any minor who is the child of Siletz members or of their spouses;

(d) Any Siletz minor who has been placed in the temporary care of a member of Siletz or in any care facility licensed by the Tribe for placement of Indian youth;

(e) Any minor by the consent of the parties with custody of said minor;

(f) Any minor who resides within the Siletz Reservation.

(2) In order to effectuate its powers under this Code, the Court shall have jurisdiction over adults in aid of its powers under this Code, and may make such orders as are necessary for the welfare of a minor.

(3) When state, federal or other tribal courts have jurisdiction over any of the matters provided for in this Code, the Court has concurrent jurisdiction over the same matters, to the extent consistent with federal law.

(4) The limitations on jurisdiction in this Section are not intended to reflect the Tribe's view as to the legally permissible limits of jurisdiction but are merely designed to limit tribal activity in this area in accordance with tribal priorities and resources.

§8.402 JURISDICTIONAL AGREEMENTS:

The Tribe may enter into such intertribal and tribal-state agreements regarding jurisdiction over child custody matters as it deems appropriate and necessary to protect the best interest of Siletz minor.

§8.403 DUTY TO INVESTIGATE AND REPORT ABUSE AND NEGLECT:

(a) Basis of Investigation - Persons who have a reasonable cause to suspect that a minor has been abused or neglected shall report the suspected abuse or neglect to the Tribal Social Services Department. The Tribal Social Services Department, or a tribal law enforcement agency, after one is established, shall immediately investigate all allegations of abuse and neglect, and if appropriate, proceed according to the provisions of this Code.

(b) Persons Required to Report - Although any person may make a report of suspected abuse or neglect to the proper tribal officials, those persons who are required to report suspected abuse or neglect include:

(1) A physician, nurse, dentist, optometrist, or other mental health professional;

(2) A school principal, school teacher, or any other school official;

(3) A child day care center worker or other child care staff, including foster parent(s), residential care of institutional personnel;

(4) A counselor of any kind;

(5) A peace officer or other law enforcement official; and

(6) A Judge, attorney, court counselor, Clerk of Court or other judicial system official.

(c) Anonymity - Any individual who files a report of suspected abuse or neglect may, upon request and approval of the Court, remain anonymous, except those individuals who are required to report abuse pursuant to Subsection (E)(2), above.

(d) Immunity from Liability - All persons or agencies reporting in good faith, known or suspected instances of abuse or neglect, shall be immune from either civil liability or criminal prosecution for such report.

§8.404 RECORDS MAINTENANCE AND CONFIDENTIALITY:

(a) Records - A record of all hearings under this Code shall be made and preserved until the jurisdiction of the Court has ended.

(b) Confidentiality of Proceedings/Records - All court files, documents, or other material associated with a child custody proceeding that is governed by this Code, including the release of the names of children, families, or witnesses involved in said proceedings, shall be kept confidential, unless released by order of the Court, and shall not be open to inspection other than by court personnel or by any individual other than the following:

(1) The minor and his or her attorneys;

(2) The minor's parent(s), guardian, or custodian and his or her attorney;

(3) The tribal caseworker and the tribal attorney;

(4) The presenting officer; or

(5) Any other person who the Court determines has a valid reason to see the records and for whom the Court issues a written order detailing the reasons for permitting said person to review the records.

This confidentiality provisions applies to all divisions and departments of the Tribe, including social service and law enforcement agencies. Disclosure of documents and material to authorized public agencies in the performance of the official duties of those agencies, whether tribal, federal, or state, does not violate the mandates of this section.

All records included within this section shall be kept in a secure place by the Court Clerk, and shall be released only pursuant to procedures developed by the Chief Judge of the Court.

(c) Oath of Confidentiality - Each person who inspects records pertaining to child custody proceedings encompassed within this Code is required to sign a written oath pledging to maintain the confidentiality of the records. Failure to abide by this pledge shall constitute contempt of court.

§8.405 MEDICAL EXAMINATIONS:

The Court may order medical and/or psychological examinations for a minor or any other party who is before the Court pursuant to this Code if the Court determines, after a hearing, that the party's medical or psychological health are relevant to the issues before the Court.

§8.406 PAYMENT OF FEES AND EXPENSES:

There shall be no fee for filing a petition under this Code, nor shall any trial officer charge any fee for the service of process or for the officer's attendance in Court in any child custody proceedings. Witness fees shall be payable in accordance with the rules of this Court. Such fees and expenses and the cost of publication of summons shall, when approved by the Court, be paid by either the parent (s?, guardian, or custodian of the minor who is before the Court, or by the Tribe.

§8.407 RESPONSIBILITIES OF ADULTS:

(a) Parental Responsibilities:

(1) The parent of a child within the jurisdiction of the Tribal Court may be made a party to a petition if the minor is alleged to be a youth-in-need-of care.

(2) The Court may order a minor's parent to submit to counseling, or, if the Court has committed the minor for institutionalization, to participate in any institutional treatment or counseling program, including attendance at the site of the institution.

(3) The Court shall order a minor's parent(s), guardian, or custodian to pay the reasonable cost or portion of the costs of any court proceedings pursuant to this Code, and of the support and treatment of the minor, as the parent is financially able to pay, if:

(A) The minor is adjudicated to be a youth-in-need-of-care; and

(B) The Court orders that the minor be placed with an agency, institution, or individual other than the minor's parent(s).

(b) Responsibilities of Other Adults - The Court shall join as a party in any child custody proceedings pursuant to this Code any adult whose participation is necessary and proper for disposition of the case pursuant to this Code.

§8.407 CONSOLIDATION OF CASES:

When more than one minor is involved in the same situation that may later be found to constitute abuse or neglect, the Court may consolidate the proceedings, except that the Court may choose to hold separate hearings with regard to disposition of the minors.

§8.408 MINOR'S TESTIMONY BY VIDEOTAPE:

The Court may, within its discretion, permit a minor to testify by videotape, or take other steps necessary to protect the minor in proceedings pursuant to this Code, where necessary to protect the best interests of the minor.

§8.409 MODIFICATION OF COURT ORDERS:

(a) Alternation of Court Order - The Court may, upon motion of any of the following individuals, modify, revoke, or extend any of its orders under this Code:

(1) The minor and his or her attorney or legal representative;

(2) The minor's parent(s), guardian, or custodian, and his or her attorney or legal representative, if any:

(3) The tribal caseworker; or

(4) The presenting officer.

Any hearing to modify, revoke, or extend a court order shall be conducted pursuant to the Rules of Court.

(b) Request for New Hearing by Parent(s), Guardian, Custodian - A parent, guardian, or custodian of any minor whose status has been adjudged in a proceeding pursuant to this Code, or any adult who is affected by an order or judgment in a proceeding under this Code, may at any time petition the Court for a new hearing on the ground that new evidence has been discovered, which evidence was not known at the time of the original hearing and which could not have become available with due diligence. If the Court determines that there is new evidence that might affect its previous order or judgment, the Court shall order a new hearing and shall make such disposition of the case as is warranted by all of the facts and circumstances and by the best interest of the minor.

SILETZ INDIAN CHILD WELFARE CODE, PART II
YOUTH IN NEED OF CARE PROVISIONS

§8.410 INITIATION OF YOUTH-IN-NEED-OF-CARE PROCEEDINGS:

(a) Who May Initiate Proceedings. Any person may initiate youth-in-need-of-care proceedings by filing a complaint with an enforcement officer alleging that a child is a youth-in-need-of-care.

(b) Contents of the Complaint. The complaint shall include:

(1) The name, age and address of the minor who is subject of the complaint, if known;

(2) A plain and concise statement of the facts upon which the complaint is based, including the date, time and location at which the alleged facts occurred; and

(3) The name of the complainant, which shall not be disclosed to anyone other than a presenting officer, enforcement officer, tribal caseworker, judicial officer, or judge, unless otherwise ordered by the Court.

(c) Receipt of Complaint by Enforcement Officers.

(1) Upon receiving a complaint under this Section, the enforcement officer shall immediately notify the tribal caseworker. If the tribal caseworker is unavailable, an enforcement officer shall immediately investigate the complaint and determine whether further action is necessary. Based on the investigation, a detailed written report shall be completed and a copy sent to the tribal caseworker.

(2) If the enforcement officer reasonably believes the minor is in immediate and serious danger from his or her surroundings and removal is necessary for the minor's safety or well being, the officer may take the minor into emergency custody, provided that if a Youth Court judge or judicial officer is available and there is sufficient time, the enforcement officer shall first request an emergency custody order as provided under this Code.

(3) An enforcement officer who takes a minor into custody without first obtaining an emergency custody order shall proceed as follows:

(A) Immediately notify the tribal caseworker and request direction as to whether the minor should be placed in emergency shelter care and if so, where;

(B) If the tribal caseworker cannot be reached, the officer may place the minor in emergency shelter care but shall continue attempts to notify the tribal caseworker. Placement of the minor shall be in a facility approved by the Tribe for emergency shelter care;

(C) Immediate and continuing efforts shall be made by both the enforcement officer and the tribal caseworker to notify the minor's parent, guardian or custodian as to the circumstances surrounding the minor's custody.

(d) Investigation of Complaint by Tribal Caseworker.

(1) Upon receiving either a complaint under this Section or a notice from a tribal enforcement officer, the tribal caseworker shall immediately initiate an investigation of the complaint to determine whether the interests of the minor and the tribal community require that further action be taken. If circumstance requires it, the tribal caseworker may request an enforcement officer to conduct the investigation.

(2) The investigation shall cover the minor's home environment, history and associations, the present condition of the minor and his or her family, and recommendations as to the minor's future care. The worker shall make conclusions as to the likely future of the family if no intervention occurs. In cases involving the duty of financial support, the study shall include such matters as earnings, assets, financial obligations and employment;

(3) Upon completion of the investigation, the tribal caseworker may recommend to the presenting officer that.

(A) No further action be taken;

(B) A request for a mediation conference be filed; or

(C) A petition for fact finding be filed.

(4) If the presenting officer agrees with the tribal caseworker that no further action need be taken, the minor shall be released immediately if in custody.

(5) The tribal caseworker shall not place a minor in shelter care or take the minor into custody unless a Youth Court judge or judicial officer has placed the minor in the custody of the Court and the tribal caseworker reasonably believes that the youth is in an emergency situation and requires shelter care.

§8.411 EMERGENCY CUSTODY:

(a) Who Has Authority to Take Emergency Custody - A tribal representative shall be designated to handle emergency custody of minors under this Code. Once the Tribe has either established a law enforcement department or contracted for law enforcement with another governmental agency, the representative shall be a law enforcement officer. In the absence of a law enforcement officer, the tribal representative shall be a tribal social worker or some other person designated by the [General Manager].

(b) Conditions Permitting Emergency Custody - The tribal representative shall take a minor into custody if:

(1) He or she has reasonable cause to believe that the minor is a youth-in-need-of-care and that removal is necessary because the minor is in immediate danger from his or her surroundings;

(2) An emergency custody order concerning the minor has been issued by the Trial Court; or

(3) He or she has reasonable cause to believe that a youth who is subject to the Tribal Court's jurisdiction is leaving the jurisdiction of the Court without permission.

(c) Necessity for Emergency Custody Order - The Court shall issue an order placing the minor in emergency custody if the Court finds probable cause to believe that the minor is a youth-in-need-of-care, and one or more of the following conditions exists

(1) The minor is suffering from an illness or injury, and no parent, guardian, custodian or other person is providing adequate care for him or her;

(2) The minor is in immediate danger from his or her surroundings, and removal is necessary for the minors safety or well-being;

(3) The minor will be subject to injury or abuse by others or by him or herself if not placed in protective custody by the Court.

(4) The minor has been abandoned by his or her parent(s), guardian, custodian or other person;

(5) No parent, guardian, custodian, or other person is able to provide adequate supervision and care for the minor; or

(6) The minor will run away, or be taken beyond jurisdiction of the Court, and will be unavailable for further proceedings.

(d) Emergency Placement

(1) A minor in need of emergency placement may be placed, pending a court hearing, with one of the following:

(A) Extended family members who will be able to protect the health and safety of the minor;

(B) A foster care facility, located within the Siletz Service Area, that has been licensed or approved by the Tribal Social Services Department;

(C) A private family home, located within the Siletz Service Area, that has been licensed or approved as a foster home by the Tribal Social Services Department;

(D) A shelter care facility, located within the Siletz Service Area, that has been approved by the Tribal Social Services Department;

(E) A shelter care facility, located outside the Siletz Service Area, that has been approved by the Tribal Social Services Department;

(F) A foster home, located outside the Siletz Service Area, that has been approved by the Tribal Social Services Department.

(2) No child who is determined to be a youth-in-need-of-care shall be determined in either a detention facility or a jail.

(e) Releasing a Minor from Custody

(1) The tribal representative who takes a minor into custody shall:

(A) Release the minor, immediately, to the minor's parent, guardian, or custodian and issue verbal instructions or warnings as may be appropriate: or

(B) If the tribal representative is not a tribal caseworker, deliver the minor immediately to the caseworker or to shelter care designated by the Court, or to a medical facility if the minor is believed to be in need of medical attention. If the minor is not delivered to the caseworker, the tribal representative shall notify the caseworker as soon as possible of the circumstances of the custody and the location of the minor.

(2) The tribal caseworker, immediately upon arranging for custody of the minor or upon placement of the minor, shall review the need for custody and shall:

(A) Notify the parent, guardian, or custodian within twenty-four hours of learning that custody of the child has been taken; or

(B) Release the minor to his or her parent, guardian, or custodian unless the child requires shelter care;

(C) A minor taken into custody under this section shall be released to his or her parent, guardian, or custodian within five (5) days of the time that he or she has been taken into custody unless the Court issues an order continuing custody of the child with the Tribe. In the event of a dispute regarding a minor's release from custody during the first five (5) days of custody, the child welfare caseworker and the social services director shall have complete authority, in the absence of a Court Order, to determine if the minor is to remain in custody.

§ 8.412 PRELIMINARY INQUIRY:

(a) Policy - The purpose of a preliminary inquiry is to determine the best interests of the minor and the Tribe with regard to any action to be taken with regard to a child once he or she is taken into emergency custody. In determining the child's best interests, the Court shall examine whether reasonable cause exists to believe the alleged act, abuse, or neglect was committed and whether continued custody is necessary pending further proceedings.

(b) Time Frame - A preliminary inquiry involving a child shall be held within five (5) days from the time that the child is placed in emergency custody. If the child has been released from emergency custody, the preliminary inquiry shall be held within ten (10) days from the date the child is released from emergency custody. If a child has not been placed in emergency custody, the preliminary inquiry shall be held within (10) days of the filing of the petition, if it has not been dismissed.

(c) Attendance of Parent(s), Guardian, Custodian - If the minor's parent(s), guardian or custodian is not present at the preliminary inquiry, the Court shall determine what efforts have been made to notify them and to obtain their presence. If it appears that further efforts are likely to produce their appearance in court, the Court shall recess for not more than twenty-four (24) hours and shall direct the presenting officer to make continued efforts to obtain their presence.

§8.413 INFORMAL RESOLUTION:

(a) When Permitted - Within ten (10) days after the preliminary inquiry, the caseworker may hold an informal resolution conference with the minor and the minor's parent(s), guardian, custodian, or legal representative to discuss alternatives to filing a petition under subsection - of this Code if:

(1) The admitted facts bring the case within the jurisdiction of the Court;

(2) An informal resolution of the matter would be in the best interests of the minor and the Tribe; and

(3) The minor and his or her parent(s), guardian, custodian, or legal representative voluntarily consent to an informal resolution.

(b) Written Agreement Between Parties - As a result of the informal resolution conference, the caseworker may enter an agreement with the minor, the minor's parent(s), guardian, custodian, or legal representative, in which the caseworker may:

(1) Refer the minor and his or her parent(s), guardian, custodian, or legal representative to a community agency for needed assistance;

(2) Order terms of supervision which:

(A) Regulate the activities of the minor and his or her parent(s);

(B) Are calculated to assist and benefit the minor, parent(s), guardian, or custodian; and

(3) Recommend that the presenting officer file a petition pursuant to this Code if it appears that no other alternative will be in the best interests of the minor and the Tribe.

(c) Acceptance of Agreement by Presenting Officer

(1) The tribal caseworker must inform the parties at the start of any informal resolution process that the presenting officer has authority to review and approve or disapprove any agreement that may be reached pursuant to subsection (D) (2) of this section. In the event that an agreement is reached between the tribal caseworker and the minor, the minors parent(s), guardian, custodian, or legal representative, the caseworker shall set out in writing both the agreement, and the conclusions reached at the informal adjustment conference. The parties must sign the agreement before the presenting officer may review it.

(2) The presenting officer shall review the informal agreement after the parties sign it. The presenting officer shall accept or reject the agreement within five (5) days of receiving it. If the presenting officer rejects the agreement, he or she shall make written comments indicating what conditions must be incorporated into the agreement to make it acceptable.

(3) The presenting officer shall file a copy of the approved agreement with the Court, and shall provide a copy of the agreement.

(d) Time Frame - An informal adjustment agreement shall not exceed six (6) months in length, except that the time period may be extended upon order of the Court.

(e) Periodic Review of Agreement - The tribal caseworker shall review the family progress every thirty (30) days. If, after the initial thirty (30) day period, but before the end of six (6) months, the caseworker concludes that the terms of the agreement as it is being followed are not serving the best interests of the minor, the caseworker shall recommend that the presenting officer file a petition pursuant to this Code.

(f) Dismissal of Petition - If the parties follow and fulfill the terms of the agreement, and the caseworker does not recommend that a petition be filed during the informal resolution period, the presenting officer shall dismiss the petition at the expiration of the agreement.

(g) Exclusion of Statements in Future Hearing - If a petition is filed, no statements made during the course of the informal resolution conference, whether written, oral, or demonstrative, may be used against the minor or any of the parties or witnesses.

§8.414 PETITION:

(a) Standard - If the Court determines that there is no probable cause to believe that the minor is a youth-in-need-of-care, the case shall be dismissed without prejudice and the minor shall be released. If the Court determines that there is probable cause to believe that the minor is a youth-in-need-of-care, but that the minor is not in need of emergency custody, the minor shall be released to the custody of his or her parent(s), guardian or custodian, under the protective supervision of the Tribe, pending final disposition of the petition.

(b) Caseworker Review/Petition - The tribal caseworker shall review and investigate all complaints filed pursuant to this Code, and shall file a petition with the Court upon a preliminary determination that a child is a youth-in-need-of-care The form of the petition shall be a form authorized pursuant to an order of the Court. The petition shall state:

(1) The specific sections of this Code which give the Court jurisdiction;

(2) The provision of this Code or relevant court order which is alleged to have been violated;

(3) The name, address, and age of the minor who is the subject of the petition;

(4) The names of all parties who have made allegations concerning the petition;

(5) The facts upon which any allegations relating to the petition are based, including the date, time, and location where the alleged facts occurred, including any alleged witnesses; and

(6) If the minor is in shelter are, or other custody, the time and date that the minor was placed in such care and the reasons for that placement.

The presenting officer may assist in the preparation of any petition under this Code.

§8.415 ADJUDICATORY HEARING ON PETITION:

(a) Time Frame for Hearing - The Court shall hold an adjudicatory hearing on the petition within thirty (30) days after the petition is filed. Failure to comply with the time limits set out in this Section, without good cause shown, shall result in the dismissal of he petition and prevent any future filing of a petition based on the same facts.

(b) Notice - Notice of a hearing on the petition, or on any matter related to the petition or the minor, shall be given to the parties as required by the Rules of Court.

(c) Summons - Summons on the petition shall be issued and served as required by the Rules of Court:

(1) At least five (5) days prior to the hearing, the court shall issue a summons to:

(A) The youth; and

(B) The youth's parent(s), guardian or custodian; or

(C) Any person who the Court believes is necessary for the hearing; and

(D) Any person who the parties believe necessary for the hearing.

(2) The summons shall contain the name of the Court, and the date, time and place of the hearing.

(3) A copy of the petition shall be attached to the summons.

(4) The summons shall be delivered personally by a tribal law enforcement officer or appointee of the Court. If the summons cannot be delivered personally, it may be delivered by registered mail. If the summons cannot be delivered personally or by registered mail, any other method reasonably designed to give notice to the necessary persons shall be sufficient.

(d) Purpose of Hearing - The Court shall hear testimony concerning the circumstances which gave rise to the petition. The Court shall conduct the hearing for the purpose of determining if a minor is a youth-in-need-of-care.

(e) Least Restrictive Disposition - If the Court finds that the minor is a youth-in-need-of-care, the Court shall dispose of the child in a manner that is consistent with the child's best interests and which is the least restrictive setting for the child, pursuant to §                      of this Code.

(f) Finality of Court Order - A finding by the Court that the minor is a youth-in-need-of-care shall be considered to be a final order for purposes of appeal.

SILETZ INDIAN CHILD WELFARE CODE, PART III
DISPOSITION AND PLACEMENT PROVISIONS

§8.416 POLICY:

The removal of a minor from his or her home for either temporary foster care placement, long-term placement, or termination of parental rights must result from a judicial determination that continued custody would be contrary to the health and welfare of the minor. Reasonable efforts shall be made to prevent or eliminate the need to remove the minor from his or her home, and reasonable efforts shall be made to make possible the minor's return to his or her home, before foster care placement, termination of parental rights, or long-term placement can be instituted, provided however, that nothing in this section shall prevent the emergency removal of a child as allowed by this Code. Where more than one minor is removed from a home, it shall be the Tribe's policy to keep all of the children so removed in a single placement or shelter. This policy shall take precedence over any conflicting placement preferences within this Code.

§8.417 PRE-DISPOSITIONAL REPORT:

(a) Contents - The Court shall order the caseworker to prepare a report to the Court for the disposition of a minor who is a youth-in-need-of-care. The dispositional report shall be filed at least five (5) days before the dispositional hearing, except by order of the Court. The report shall:

(1) Contain a specific plan for the care and assistance to the minor or his or her parent(s), guardian or custodian which is calculated to resolve the problems presented in the petition. The plan shall provide for the least restrictive available alternative to the minor, and shall be consistent with both the minor's and the Tribe's best interests;

(2) Contain a detailed explanation showing the necessity for the proposed dispositional plan and the benefits to the minor and his or her parent(s), guardian or custodian under the proposed plan;

(3) If the caseworker recommends placement of the minor with someone other than the minor's parent(s), guardian or custodian, the report shall contain specific reasons for not recommending placement of the minor with his or her parent(s), guardian or custodian.

(b) Reports Offered by Parties - Copies of all predispositional reports shall be served on the minor (or his or her legal representative), and his or her parent(s), guardian, or custodian at least five (5) days priori to the dispositional hearing. Any part may submit a separate pre-dispositional report to the Court, which shall include his or her own recommendations for consideration by the Court, within the same time period set forth above.

§8.418 DISPOSITIONAL HEARING:

(a) Time - A dispositional hearing shall take place not more than twenty (20) days after the hearing on the petition. The dispositional hearing may be held immediately after the hearing on the petition if:

(1) Either the presenting officer or one of the parties requests that the disposition hearing be expedited because of extraordinary circumstances; or

(2) The Court determines that an expedited dispositional hearing is in the best interests of the child.

The time for the dispositional hearing shall be set at the fact finding hearing and such announcement shall constitute notice to all the parties of the dispositional hearing.

(b) Purpose - The Court shall hear testimony at the dispositional hearing for the purpose of determining the proper disposition of the youth.

(c) Evidence to the Considered by Court - The Court shall consider:

(1) The pre-dispositional report submitted by the tribal caseworker;

(2) Any alternative pre-dispositional reports submitted for review; and

(3) Any and all evidence presented by any party contesting the factual contents and conclusions of the pre-dispositional reports submitted for consideration.

(d) The dispositional order constitutes a final order for purposes of appeal.

§8.419 DISPOSITION OF YOUTH-IN-NEED-OF-CARE:

(a) Priority of Dispositional Alternatives - Upon making a finding that a minor is a youth-in-need-of-care, the Court may order any of the following dispositions, which are listed in order of priority:

(1) Permit the minor to remain with his or her parent(s), guardian or custodian under protective supervision, subject to such limitations and conditions as the Court may prescribe;

(2) Place the minor with an extended family member under protective supervision within the boundaries of the Service Area, subject to such limitations and conditions as the Court may prescribe;

(3) Place the minor in a foster home that has been licensed or approved by the Tribe within the Service Area, under protective supervision, subject to such limitations and conditions as the Court may prescribe;

(4) Place the minor in a shelter care or residential facility under protective supervision, as designated by the Court;

(5) Place the minor in a foster home or extended family member's home that has been approved by the Tribe, outside the Service Area, subject to such limitations and conditions as the Court may prescribe;

(6) Transfer legal custody of the minor to an agency responsible for the care of youth-in-need-of-care, or to an extended family member or other person who the Court finds to be qualified to receive and care for the minor, subject to such limitations and conditions as the Court may prescribe;

(7) Recommend the initiation of proceedings for the termination of parental rights;

(8) Recommend that either full or partial emancipation be ordered; or

(9) Place the minor in a long-term placement, considering long-term guardianship as an alternative to adoption or termination of parental rights.

(b) Conditions Upon Parties - The Court has the authority to impose conditions or limitations upon a minor, his or her parent(s), guardian, custodian or any other party pursuant to this Code in order to protect the best interests of the minor. The conditions or limitations shall be designed to improve the condition of the child if he or she is found to be a youth-in-need-of-care. Such conditions or limitations include, but are not limited to:

(1) Counseling or therapy;

(2) Restrictions or visitation with one or both parents;

(3) Payment of support or other necessary costs;

(4) Participation in Tribal-sponsored activities;

(5) Restrictions on associations;

(6) Curfew restrictions; and

(7) Any other conditions or dispositions which the Court finds are necessary to protect the best interests of the minor.

(c) Party Receiving Custody Must Agree to Submit to Tribal Court Jurisdiction - Whenever the minor is placed in a home or facility located outside of the Siletz Service Area, the Court shall require the party receiving custody of the minor to sign an agreement that:

(1) The minor will be returned to the Court upon Court Order; and

(2) The party receiving custody of the minor consents to the jurisdiction of the Tribal Court.

Absent such a signed agreement, any person or institution accepting placement of a minor pursuant to this Ordinance shall be deemed to have consented to Tribal Court jurisdiction for purposes of determination of the child's placement, and to return such child to the Court upon request or order of the Court.

§8.420 REVIEW OF DISPOSITIONAL ORDER:

(a) Time Frame for Court's Review - The Court will review dispositional orders within its discretion; provided, however, that within six (6) months of the original dispositional hearing and every six (6) months thereafter so long as the child remains within the jurisdiction of the Court, the child is in short term or temporary care, or the child is in a placement which is not within the preferences of this Code, the Court shall review the status of a child to:

(1) Determine the continuing need for appropriateness both of the Court's continuing jurisdiction and of the placement;

(2) Determine the extent of compliance with the case plan;

(3) Determine the extent of progress made toward easing or lessening the cause that initially required the placement in foster care; and

(4) Project a likely date by which the minor may be returned home or placed for adoption or legal guardianship.

(b) Modification of Disposition - The Court may modify a dispositional order at any time upon motion and a showing of good cause. Any of the following individuals may initiate the motion:

(1) The minor;

(2) The minor's parent, guardian or custodian;

(3) The tribal caseworker; or

(4) The presenting officer.

The tribal caseworker shall monitor the agreed disposition throughout its term. If the tribal caseworker finds that there has been a failure to comply with the terms of the agreed disposition, he or she may recommend that the presenting officer file a motion for modification of the dispositional order with the Court.

§8.421 PERMANENCY PLANNING HEARING:

(a) Time Frame - Within eighteen (18) months of the original placement the Court shall hold a permanency planning hearing in accordance with this Code to determine the long-term status of the minor. The permanency planning hearing may be combined with the periodic review.

(b) Evidence Considered by Court - The Court shall review the reports of the Tribal Social Services Department, and shall consider any other evidence and testimony, including evidence concerning the parent(s) or guardian's treatment or efforts at rehabilitation.

(c) Standard - The Court shall return a minor to the physical custody of his or her parent(s) unless by a preponderance of evidence it finds that returning the minor would cause a substantial risk to the physical or emotional well-being of the minor. The burden is on the Tribal Social Services Department to prove that the minor will be at risk if returned to his or her parent(s).

(c) Dispositional Alternatives - If the Court determines not to return the minor to his or her parent(s) pursuant to subsection (3) above, the Court may order, but is not limited to, any of the following dispositions:

(1) Placing the minor with guardian, who shall be appointed by the Court;

(2) Maintaining the minor in foster care for a further, specified period of time;

(3) Maintaining the minor in foster care on a permanent or long-term basis; or

(4) Recommending that parental rights be terminated and that the minor be placed for adoption.

(d) Periodic Review by Court - If the Court determines to continue placement of the minor pursuant to subsection 4(a), (b), or (c) above, the Court shall, every six months after the initial permanency planning hearing, continue periodic reviews of the placement in order to determine:

(1) The appropriateness of the placement;

(2) The appropriateness of, and extent of compliance with, the permanency plan for the minor; and

(3) The adequacy of services provided to the minor and his or her parent(s) under the permanency plan.

(e) 18th Month Review - By the end of the eighteenth (18th) month of foster care, the Tribal Social Services Department shall make a decision regarding the long-term placement of the minor; provided, however, that it is within the Court's discretion to extend the foster placement of a minor if the Court determines that substantial progress has been made by the parent(s), and that it is in the best interest of the minor.

(f) Need for Subsequent Hearings - Subsequent permanency planning hearings need not be held if:

(1) The minor has been adopted;

(2) The minor is a ward of a guardian; or

(3) The minor is in long-term foster placement that is intended to be permanent in nature.

(g) Notice to Parties of Change in Minor's Placement - The removal of the minor from his or her parent(s) home, change of the minor's placement, or a determination affecting a parent(s), guardian, or custodian's legal right to custody of a minor shall require notice of such change to the parties, and the Court shall conduct a review hearing upon the written request of any party.

(h) Recommendation by Caseworker - The Tribal Social Services Department shall have the duty to recommend long-term options for a minor within the jurisdiction of the Court. The caseworker shall submit a report at least five (5) days before the periodic review hearing conducted before the Tribal Court. This report shall discuss compliance with the placement preferences of the Tribe, the long term prospects of reuniting the minor with his or her family, the placement options available to the minor, and the caseworker's recommendations concerning which placement would serve the best interests of the minor.

(i) All Court records and records of the Tribal Social Services Department regarding placement of a minor within the jurisdiction of the Court under this Code are confidential, and shall be made available only to the following:

(1) A party and his or her legal representative;

(2) The minor's parent(s), guardian, or custodian;

(3) Such other persons who the Court determines have a valid reason to review those records; and

(4) The Court, if such records are not already part of the Court records.

(j) Continuing Jurisdiction of Court - For dispositional purposes, jurisdiction over a minor under this Code shall continue until he or she reaches eighteen (18) years of age, unless such jurisdiction is terminated prior thereto by order of the Court.

SILETZ INDIAN CHILD WELFARE CODE, PART IV
TERMINATION OF PARENTAL RIGHTS SECTION

§8.422 PURPOSE:

The purpose of this section is to provide a means by which the Court may order termination of a parent-child relationship in both voluntary and non-voluntary situations. It is further the purpose of this chapter to provide meaningful and clear standards to be applied to termination proceedings and to ensure competent, stable, and on-going care of the minor by prompt and final adjudication.

§8.423 POLICY:

Non-voluntary termination of parental rights over a child is a serious matter and an action that the Court may take only after all remedies have been exhausted in an attempt to maintain the stability of the family or to maintain a minimum level of positive contact between the child and his or her family, including extended family.

§8.424 EFFECT ON MINOR'S OTHER RIGHTS:

An adjudication of termination of parental rights shall have no effect on any of the following:

(a) The minor's enrollment status as a member of the Tribe;

(b) The minor's degree of blood quantum;

(c) The minor's rights of inheritance from his or her natural parents; or

(d) The minor's relationship with his or her extended family members, where appropriate.

§8.425 STANDARD FOR TERMINATION:

The Court may terminate a parent's rights when the Court finds, beyond a reasonable doubt, that:

(a) The parent is unfit;

(b) The conduct or condition of the parent is such as to render him or her unable to care for that child and that such conduct or condition is unlikely to change within one (1) year; and

(c) Continued contact between the minor and the parent on any basis is not in the minor's best interests.

§8.426 FACTORS TO BE CONSIDERED BY THE COURT:

In making determinations pursuant to subsection (D), above, the Court shall consider, but is not limited to, any of the following factors:

(a) The parent has abandoned the minor and made no effort to contact the minor for more than a two (2) year time period;

(b) The parent's emotional illness, mental illness, or mental deficiency is of such duration or nature as to render the parent unable to care for the ongoing physical, mental and emotional needs of the minor within one (1) year from the date of determination of illness;

(c) The parent has abused or neglected the minor, as those terms are defined in this Code;

(d) The parent has imbibed excessive amounts of intoxicating liquors or illegal substances or drugs over a period of one (1) or more years;

(e) The parent has been imprisoned for a period of one (1) or more years;

(f) A competent court has rendered an adjudication of a plea of guilty by the parent to the charge that the parent, either intentionally, recklessly, willfully, or wantonly caused the death or injury of a minor's sibling;

(g) The parent has failed to provide a home or reasonable substitute physical care and maintenance for the minor where custody of the minor has been lodged with others;

(h) The parent has failed to maintain regular visitation or other contact with the child as designated in a plan to reunite the child with the parent, and has failed to attempt to rectify any problems that may have inhibited the parent from doing so;

(i) The parent has failed to maintain consistent contact or communication with the child over a period of two (2) or more years, and that failure is not the result of interference or intimidation by any other individual, whether that individual is employed by the Tribe in any way, or is a physical custodian of the child at any time during the pendency of any child custody proceedings pursuant to this Code;

(j) Attempts by the Tribal Social Services Department to aid the parent in rehabilitation efforts have been unsuccessful, and the parent has not made any substantial progress toward rehabilitation on his or her own; or

(k) The minor was left alone under such circumstances that the identity of the parent is unknown and cannot be ascertained, despite diligent searching, and the parent has not come forward to claim the minor within six (6) months after the date on which the minor was found.

§8.427 BEST INTEREST OF THE MINOR:

In considering termination of parental rights, the Court shall give primary consideration to the best interests of the minor as shown by the minor's physical, mental, and emotional condition and needs.

§8.428 INITIATION BY PETITION:

Any proceedings concerning the non-voluntary termination of parental rights under this Code shall be initiated only when the presenting officer has filed a petition seeking termination of the parent-child relationship, pursuant to subsection (G) of this section. The petition shall include:

(a) The name, age, residence, and tribal status of the minor who is the subject of the petition;

(b) The names, residences and tribal status, if known, of the minor's parent(s), guardian or custodian;

(c) A citation to the specific section of this Code which gives the Court jurisdiction over the termination proceeding;

(d) A brief and concise statement of the facts and circumstances supporting the request for termination of the parent-child relationship.

§8.429 HEARING:

(a) A hearing shall be held within thirty (30) days after the presenting officer has filed a petition to terminate a parent-child relationship. The Court shall conduct the hearing for the purpose of determining whether parental rights should be terminated based upon a finding, supported by evidence beyond a reasonable doubt, of the following:

(1) The parent abandoned the minor;

(2) The parent willfully and repeatedly caused physical injuries to the minor, which caused or created a substantial risk of death, disfigurement or impairment of bodily functions;

(3) The parent will fully and repeatedly committed acts of sexual abuse on the minor, or permitted another individual to commit the same; or

(4) The parent has voluntarily agreed to terminate his or her parental rights.

(b) The hearing shall be conducted in accordance with the Rules of Court. The Court shall schedule and give notice of a hearing pertaining to the termination of parental rights to the following individuals at least ten (10) days before the hearing:

(1) The minor;

(2) The minor's parent(s);

(3) The minor's guardian or custodian, if any;

(4) Any other persons who the Court deems appropriate.

(c) The Court shall issue a summons, which shall include a petition for termination of parental rights, attached to the notice of the hearing, and deliver a copy thereof to all necessary of those individuals listed in this subsection.

§8.430 REPORTS PERTAINING TO THE TERMINATION OF PARENTAL RIGHTS:

(a) At least ten (10) days before any hearing pertaining to the termination of parental rights, the tribal caseworker, in consultation with the Tribal Youth Board, shall prepare and present a written report to the Court. The report shall contain:

(1) The findings, opinions and recommendations, if any, of all professionals consulted regarding the termination of the parent-child relationship;

(2) The social history both of the parent and the minor; and

(3) Any and all other facts that are necessary and pertinent to the proper adjudication of parental rights.

The Tribal Youth Board shall serve a copy of the report upon the parent whose parental rights are being terminated, and upon his or her attorney, if any, at least ten (10) days before the termination of parental rights hearing.

(b) A parent who is the subject of a hearing under this section of this Code has the right to file a written report of his or her own with the Court. The Court shall provide the presenting officer with a copy of the report at the time that the parent files it.

(c) The Court may, in its discretion, order other individuals or agencies to submit written reports to the Court concerning the termination of the parent-child relationship. At least ten (10) days before the termination of parental rights' hearing, the Court shall serve upon the parent who is the subject of the parental termination hearing, and upon his or her attorney, copies of any additional reports filed with the Court pursuant to this subsection.

(d) The Court may, in its discretion, subpoena experts who have knowledge of the parent-child relationship which is the subject of the hearing, including physicians, psychiatrists, mental health professionals, social workers, and any individual from the community who is cognizant of the traditional child-rearing methods and attitudes of the Tribe. The Court may subpoena the presence of any other witnesses or persons who the Court determines have a direct interest in the case. If the proposed witness(es) are not subject to tribal subpoena, the Court may request that they appear and testify, or seek aid from the nearest court with jurisdiction over the witness(Es) in obtaining a subpoena.

§8.431 COURT APPOINTED ADVOCATE FOR MINOR:

In any proceeding for non-voluntary termination of parental rights, or any rehearing or appeal thereon, the Court may, within its discretion, appoint an advocate to represent the minor as his or her counsel or guardian ad litem, if the court determines that the interests of the child will not be represented by any parties to the proceeding. The Court may appoint a guardian ad litem for the child in voluntary termination of parental rights proceedings.

§8.432 JUDGMENT ORDERING DISPOSITION: If the Court terminates an individual's parental rights, the Court shall issue a judgment detailing its decision and the reasons for the decision and ordering the disposition of the minor as follows:

(a) Place the minor with an extended family member; or

(b) Place the minor in a foster care or shelter care facility which has been approved by the Tribe; and, in either case,

(c) Place the minor in long-term placement and proceed to the Adoption Section of this Code.

§8.433 FINALITY OF ORDER:

A judgment of non-voluntary termination of parental rights is a final order for purposes of appeal.

§8.434 VOLUNTARY TERMINATION OF PARENTAL RIGHTS:

The Court may terminate parental rights for any parent who desires to voluntarily terminate his or her parental rights. In exercising jurisdiction over a voluntary termination proceeding, the Court shall require that:

(a) No voluntary termination of parental rights shall be accepted by the Court prior to ten (10) days after the birth of the child to whom the parent seeks to sever his or her parental rights;

(b) No voluntary termination shall occur until a written report has been submitted to the Court by a recognized social services agency of the Tribe, indicating that social services and counseling have been offered to the parent, that the consequences of the parent's actions have been fully explained to, and are understood by the parent, and that such action is in the best interest of the minor; or

(c) If a parent has waived his or her right to appear at the termination hearing, such waiver is executed, in writing, before a judge of the Court, and that the waiver is knowing and voluntary.

(d) In any proceeding for voluntary termination of parental rights, if the Court has reasonable doubt concerning the emotional state of mind of the parent, or of the parent's ability to fully understand the consequences of his or her decision, the Court shall place the child with the Tribal Social Services Department for a period not to exceed thirty (30) days, in order to allow he parent to consider his or her decision. The Court shall further order legal and psychological counseling for the parent in order to assure his or her understanding of the consequences of his or her decision. A report indicating that counseling has been completed shall be made to the Court. Immediately after the end of the thirty (30) days period, the Court shall conduct a hearing and:

(1) Return custody of the child to the parent;

(2) Process the petition for voluntary termination of parental rights; or

(3) Extend the period for no more than thirty (30) additional days to allow further counseling At the expiration of the further counseling, the Court shall resume the hearing and proceed as permitted by this Code.

(e) Any minor freed for placement through a parent's voluntary termination of his or her parental rights shall be placed according to the provisions of this Code.

SILETZ INDIAN CHILD WELFARE CODE, PART V
LONG-TERM PLACEMENT PROVISIONS

§8.435 GUARDIANSHIP:

(a) Policy - It shall be the policy of the Siletz Tribe to prefer guardianship as a long-term placement option for tribal children over either adoption or long-term foster care.

(b) Authority to Appoint - The Tribal Court is empowered to appoint a guardian, either of the minor's person or of his or her estate or both, subject to the requirements of other provisions of this Code. Appointment of a guardian ad litem shall not be subject to the requirements of this subsection.

(c) Initiation of Hearing - A guardianship hearing under this Section shall be initiated by:

(1) A petition of any person on behalf of the minor; or

(2) A petition of the minor if he or she is twelve (12) years of age or older; or

(3) A motion by the Court.

(d) Contents of Petition - The petition for guardianship shall include:

(1) The name, age, residence, and Indian status of the minor;

(2) The name, age, residence, and Indian status of the prospective guardian;

(3) The name, age, residence and Indian status of the minor's parent(s);

(4) A statement of the specific facts which form the basis for the petition and the Court's jurisdiction; and

(5) A description of any previous Court hearings concerning the minor.

(e) Notice to Parties - The Court shall give at least ten (10) days notice of the date, time, place, and purpose of the guardianship hearing to the person currently having custody and are of the minor, to the minor's parent(s) if parental rights have not been terminated, to the tribal caseworker, to the petitioner and to such other persons as the Court deems appropriate.

(f) Caseworker Report - The tribal caseworker shall prepare and present a written report to the Court at least three (3) days before the guardianship hearing. The report shall contain:

(1) Information concerning the qualifications of the proposed guardian; and

(2) The tribal caseworker's recommendations concerning the proposed guardianship.

(g) Standard - In appointing a guardian, the Court shall be guided by the best interests of the minor; provided, however, that if the minor is twelve (12) years of age or older, the Court shall consider the youth's preference in appointing a guardian.

§8.436 ADOPTION:

(a) Policy - It is the policy of the Siletz Tribe that its children should be adopted only as a matter of last resort, and that alternative long-term placements that maintain the connection between the minor and his or her parent(s) and family, such as guardianship and long-term foster care, should be considered first. A decree of adoption shall not terminate the legal relationship between the minor and the minor's natural family members, except by order of the Court.

(b) Who May Be Adopted - The following persons may be adopted pursuant to this Code:

(1) A minor who is subject to the jurisdiction of the Siletz Tribal Court;

(2) An adult, both of whose parents are dead, and who is subject to the jurisdiction of the Siletz Tribal Court.

(c) Who May File Petition - The following persons may file a petition to adopt a Siletz minor:

(1) Any adult;

(2) An individual who is legally separated from his or her spouse may file a petition to adopt without the consent of the other spouse;

(3) Married persons who maintain a home together must both petition for adoption; provided, however, that if one of the spouses is the natural parent of the child to be adopted, the natural parent shall not be party to the petition.

(d) Preference in Adoption - Preference in adoption shall be given in the following order:

(1) Any adult member of the minor's extended family shall be given in the following order:

(2) Any adult member of the minor's extended family who is either a member of, or eligible for membership in, any other federally-recognized Indian tribe, or any married couple, one of whom meets the requirements of this subsection;

(3) Any adult member of the minor's extended family who is either a member of, or eligible for membership in, any other Indian tribe or cultural group, regardless of whether that group has status as a federally-recognized Indian tribe, or any couple, one of whom meets the requirements of this subsection;

(4) If this order of preference cannot be met, for good cause shown, then placement will be permitted with any person who has knowledge of anyone with a desire to foster the minor's tribal affiliation and special needs;

(5) A non-Indian married couple; or

(6) A non-Indian individual.

(e) Initiation of Proceedings by Petition - Any person(s) wishing to adopt shall initiate the proceedings by filing a verified petition, under oath, with the Tribal Court. The petition shall contain:

(1) The full name, residence, place of birth, date of birth and sex of the minor to be adopted, with documentary proof of the date and place of the birth of the minor to be adopted;

(2) Documentary proof of the minor's membership status in the Tribe, if such proof exists;

(3) The full name, date and place of birth, occupation of the adoptive parent(s), statement of relationship to the minor, documentary proof of the adoptive parent(s)' Indian heritage or tribal membership;

(4) Proof of consent to the adoption;

(5) The names and addresses, if known, of all persons whose consent to the adoption is required, but who have not consented, and the facts and circumstances which excuse any lack of consent;

(6) The names and addresses of all persons who have or claim a right of custody to or visitation with the child, or who are required to make payments of money for the support of the child; and

(7) The reasons the petitioner desires to adopt the minor.

(f) When Adoptions Permitted - Adoptions of Siletz children will be permitted only when one or more of the following have occurred:

(1) The minor's parent(s)' rights have been terminated, either voluntarily or involuntarily;

(2) The minor has been abandoned by his or her parents; or

(3) The parent has been declared mentally incompetent by a competent tribunal.

(g) Written Consent Required - Written consent to an adoption is required of the following persons:

(1) The biological or adoptive mother;

(2) The biological, adoptive or acknowledged father;

(3) The minor's legal custodian, if he or she is empowered to consent; and

(4) The minor, if he or she is twelve (12) years of age or older.

Where required by this Code, written consents shall be attached to the petition for adoption. Written consent to an adoption shall be signed and acknowledged before a Notary Public. Consent shall not be accepted or acknowledged by the Court unless signed and acknowledged more than ten (10) days after the birth of the child, except by order of the Court. An interpreter shall be provided if required by the Court. The Court shall have authority to inquire as to the circumstances behind the signing of a consent under this section.

(h) Withdrawal of Consent - Written consent to an adoption may not be withdrawn after the entry of a final order of adoption. Consent may be withdrawn prior to the final order of adoption upon a showing by a preponderance of the evidence at a hearing before the Court either that the consent was obtained by fraud, duress or coercion, or that the best interests of the child require that the consent to adoption be voided.

(i) When Written Consent Not Required - Written consent to an adoption is not required if:

(1) The parent's right's have been terminated involuntarily;

(2) The parent has voluntarily terminated his or her parental rights;

(3) The parent has been declared mentally incompetent by a competent tribunal.

(j) Investigation of Prospective Parent - Within sixty (60) days of the filing of a petition for adoption, the tribal caseworker shall investigate the prospective parent. Within thirty (30) days of a court-ordered investigation of a minor to be adopted, the tribal caseworker shall file a written report with recommendations for or against placement with the applicant.

(k) Adoption Hearing - A hearing shall be held within ninety (90) days of receipt of an adoption petition for the purpose of determining if it is in the minor's best interest to be placed with petitioners.

(1) The Court shall give at least twenty (20) days notice of the hearing to the following:

(A) All persons whose consent is required;

(B) The petitioner;

(C) The tribal caseworker; and

(D) Such other persons as the Court deems appropriate.

(2) In determining the best interest of the minor, the Court shall examine:

(A) Validity of the written consent;

(B) Any court orders that terminate the parental rights of the minor's parent(s);

(C) Length of time the minor may have been ward of the Court;

(D) Special conditions of the minor;

(E) Parental communication with the minor;

(F) The minor's consent to adoption if he or she is fourteen (14) years of age or older; and

(G) Pre-adoption reports.

(l) Procedures - Following are the procedures that the Court must follow at any adoption hearing:

(1) The adoptive parent(s) shall appear personally at the hearing;

(2) The Court shall examine any biological, adoptive, or acknowledged parent who is consenting to the adoption so that the Court can determine whether the consent was voluntary and how well he or she understood the meaning of the consent given. If the Court determines that the validity of any consent is in issue, the Court shall notify all persons whose consent is necessary for completion of the adoption, and shall require each of them to appear in person before the Court for further inquiry.

(3) The Court shall examine all persons appearing at the hearing regarding the suitability of the minor for adoption, the validity of the consent to adoption, and the financial, moral, and physical fitness and responsibility of the adoptive parents, and whether the best interests of the minor will be promoted by the adoption.

(4) The Court shall examine members of the minor's natural, extended family to determine whether the minor's legal relationship to his or her extended family should be terminated.

(m) Entry of Adoption Decree - If the Court is satisfied that it is in the best interest of the minor to grant the adoption petition, the Court may enter a final decree of adoption as follows:

(1) In the case of a minor who has lived with the adoptive parents for more than one (1) year before the adoption petition has been filed, the final decree of adoption shall be entered immediately; and

(2) In all other cases, the Court shall order that the minor be placed in the legal custody of the adoptive parent until the minor has lived with the adoptive parent for at least one year; at the expiration of the year, the Court shall request a supplemental report. If the Court determines that the best interest of the minor are served by the adoption, it shall enter the final decree of adoption immediately.

(n) Contents of Adoption Decree - The final decree of adoption shall include such necessary facts as are necessary to establish that the minor is eligible and suitable for adoption, and that the adoptive home and parents are adequate and capable of providing the proper care of the minor, as shown by the investigative reports and the findings of the Court upon the evidence produced at the hearings.

(o) Denial of Petition - If the Court determines that the adoption will not be in the best interests of the minor, the Court shall deny the petition. The Court may, at that time, request the Tribal Social Services Division, or other agencies authorized to provide such services, to assist in the placement and care of the minor. In any case where the Court finds that the best interest of the minor will not be served by the adoption, the Court shall appoint a guardian for the care of the minor, in accordance with the applicable provisions of this Code.

(p) Alteration of Birth Certificate - Within five (5) days after the Court has entered the final decree of adoption, the Division of Vital Statistics of the State Board of Health of the State which issued the original certificate of birth shall be notified by the Clerk of the Court that the adoption has taken place, giving the full name, sex, birthday, and names of the natural parents, in order that a new record of birth in the new name with the name or names of the adopting parents can be recorded; and said Division shall be provided with a certified copy of the final decree of adoption.

(q) Minor Assumes Adoptive Surname - Minors who are adopted by order of the Court shall assume the surname of the person(s) by whom they are adopted, unless the Court orders otherwise. They shall be entitled to the same rights as children of heirs of the persons adopting them; provided, however, that adoption does not confer tribal membership status on an adopted child who is not otherwise eligible for membership. Adoption does not terminate the rights of natural extended family members of the minor, as a group, except by order of the Court.

(r) Confidentiality of Record - All records, reports, proceedings, and orders in adoption cases are confidential and permanent records of the Court:

(1) Confidential records of the Court pertaining to adoptions shall be sealed and shall not be available for release to, or inspection by, the public, except by order of the Court;

(2) Information contained in such records shall be released upon petition to the Court by the adopted individual after he or she has reached the legal age of majority, or upon showing of good and sufficient cause by persons other than the adopted person who has petitioned for such information. In either case, no information shall be released unless;

(A) The biological parent(s) has been given actual and confidential notice by the Court of a petition for release of information or a notice of intent to issue such information has been published in a local newspaper of general distribution without revealing the name of the biological parent; and

(B) The biological parent has consented in writing before the Court to release of the requested confidential information; or

(C) The Court determines that the need for the information is greater than the right of the biological parent(s) to privacy.

The Court may refuse to divulge the name of the biological parent(s), but grant the request for release of other information; provided, however, that release of the information will not lead to the discovery of the name of the biological parent(s).

SILETZ INDIAN CHILD WELFARE CODE, PART VI
EMANCIPATION

§8.437 REQUIREMENTS FOR EMANCIPATION:

(a) When Permitted - Tribal Court may declare a minor emancipated either pursuant to a petition for emancipation, or as a dispositional alternative if the minor:

(1) Wishes to be free from parental control and protection and no longer needs that control and protection; or

(2) Is a minor-in-need-of-care as defined by this Code, and the minor meets all of the requirements set forth in subsection (2) of this section.

(b) Minor's Eligibility - Minor is not eligible for emancipation unless he or she:

(1) Is sixteen (16) years of age;

(2) Is self-supporting;

(3) Understands the consequences and responsibilities that result from being free from parental control and protection; and

(4) Demonstrates the requirements of subsection (c) above by presenting the Court with an acceptable plan for independent living.

§8.438 PETITION:

The petition for emancipation shall state:

(a) The name, age and address of the minor;

(b) The name and address of each living parent;

(c) The name and address of the minors guardian or custodian, if any;

(d) The reasons why emancipation would be in the best interests of the minor;

(e) The purpose for which emancipation is sought.

§8.439 CONSENT OF PARENT(S), GUARDIAN, OR CUSTODIAN:

The minor must obtain the consent of each living parent, guardian or custodian having control of the person or property of the youth. If the person who is to consent to the petition is unavailable or his or her whereabouts are unknown, or if a parent, guardian or custodian unreasonably withholds consent, the Court, acting in the best interests of the minor, may waive this requirement as to the parent, guardian or custodian.

§8.440 GUARDIAN AD LITEM:

The Court may appoint a representative or a guardian ad litem to represent the interests of the minor at the hearing.

§8.441 POWER OF EMANCIPATED MINOR:

After a hearing the Court may remove the disabilities of minority as requested in the petition if found to be in the best interests of the youth. Emancipation may be for either general or limited purposes. Except for specific constitutional and statutory age requirements for voting and use of alcoholic beverages, a minor whose disabilities are removed for general purposes has the power and capacity of an adult, including, but not limited to:

(a) The right to be domiciled where he or she desires;

(b) The right to receive and control all earnings;

(c) The capacity to sue and be sued; and

(d) The capacity to contract.

SILETZ INDIAN CHILD WELFARE CODE, PART VII
INTERVENTION IN/TRANSFER FRONT STATE COURT PURSUANT TO
THE INDIAN CHILD WELFARE ACT

§8.442 POLICY:

It shall be the policy of the Siletz Tribe to request transfer of child custody proceedings taking place in state court under the Indian Child Welfare Act of 1978, 25 USC § 1901 et seq. ("ICWA") involving Siletz minors, except where good cause exists to the contrary. If a question exists whether the Tribal Court will accept jurisdiction over a particular child custody proceeding, the Tribe must request an advisory opinion from the Tribal Court prior to filing a petition with the State Court for transfer of the proceedings.

§8.443 PROCEDURE FOR TRANSFER:

(a) Who Has Authority to Request Transfer - The ICWA Transfer Committee shall have sole authority to determine, by a majority vote, whether or not the Tribe will request transfer of jurisdiction to the Tribal Court in a particular case:

(1) The Committee shall be composed of the Tribal Social Services Director, the Tribal Operations Manager, and the Tribal Chairman;

(2) The Committee's decision in each case shall be reduced to writing and be signed by all three Committee members;

(3) In the event the Committee decides not to seek transfer, the Committee may reconsider its decision at any time if new information is obtained, or if changed circumstances require it;

(4) It is within the Committee's discretion to request transfer of a proceeding for placement purposes only.

(b) Assessment of Case by Social Services Department and Recommendation - Within fourteen (14) days of receipt of notice of any kind that a Siletz minor is the subject of an ICWA custody proceeding in state court, the Tribal Social Services Department shall prepare an assessment of the minor and the minor's family situation, and shall make a written recommendation to the ICWA Transfer Committee concerning whether the case should be transferred from state court to the jurisdiction of the Tribal Court. The recommendation shall consider, among other factors, the following:

(1) The age of the minor;

(2) Any special needs of the family, if any;

(3) The location and circumstances of the family;

(4) Whether the state has made any serious attempt to reunite the family;

(5) The availability of Tribal services that can address the minor's needs;

(6) The availability of a suitable tribal home for placement of the minor;

(7) Whether financial assistance for the care of the minor will continue to be available if transfer of jurisdiction occurs; and

(8) The cost to the Tribe of legal services required to accomplish transfer of jurisdiction;

(c) Procedure upon Acceptance of Transfer - If the ICWA Transfer Committee votes to seek transfer of a particular child custody proceeding, the Tribe shall petition the Tribal Court to issue an order indicating that it will accept the transferred child custody proceedings. If the Tribal Court issues an order indicating that it will accept jurisdiction of the transferred proceedings, the Tribe shall prepare a petition for transfer of jurisdiction and shall present the petition to the state court having jurisdiction over the Siletz minor in question. The petition shall state that the Tribal Court has issued an order indicating that it will accept the transfer of jurisdiction. The petition may be presented either by the Tribe's legal counsel or the Tribe's social services staff.

(d) Notice of Transfer - The Tribal Court shall give notice, by certified, return receipt mail, to all parties to the state court proceeding at issue that a petition to transfer jurisdiction has been filed. The notice shall state clearly:

(1) That all parties to the state court proceeding shall be granted standing in the Tribal Court to express their views concerning whether the transfer of jurisdiction should be accepted or declined by the Tribal Court;

(2) The date, time and location of the Tribal Court hearing on this issue; and

(3) A brief explanation of the subject of the hearing.

(e) Conditions upon Acceptance - The Tribal Court may condition its acceptance of transfer of jurisdiction of a state court child custody proceeding, such as conditioning the transfer upon the state court's willingness to enforce tribal subpoenas and to order state employees to testify in tribal court proceedings in the event that the witnesses who should testify are beyond the Tribe's subpoena and jurisdictional authority, or imposing such other conditions as are necessary to ensure that the Tribe will have access to all necessary evidence and witnesses in the subsequent Tribal Court proceedings.

(f) Declination of Transfer by Tribal Court - The Tribal Court may decline to accept transfer of jurisdiction over a child custody proceeding if it finds that good cause exists to deny the transfer. The denial must be based upon clear and convincing evidence that the transfer would not be in the best interest of the Tribe, the minor, or the minor's family. The Tribal Court shall consider the following factors in rendering its decision:

(1) The child's emotional, cultural, and family ties.

(2) The ability of necessary witnesses to appear in Tribal Court should adjudication become necessary; and

(3) The ability of the Tribe to provide necessary services to the minor and his or her parent(s), guardian, or custodian, including, but not limited to, counseling medical treatment, and transportation.

(g) If the state court grants the petition to transfer, the Tribal Court shall immediately issue an order accepting the transfer and directing the state court to transfer its files to the Tribal Court.

(h) The applicable portions of this Code shall govern any child custody proceedings that have been transferred to Tribal Court.

§8.444 PETITION FOR TRANSFER OF JURISDICTION BY PARTY OTHER THAN TRIBE:

(a) Party to File Petition - If the parent(s), guardian, or custodian of a Siletz minor, or the minor, through his or her guardian ad litem, petitions a state court in a child custody proceeding involving that minor to transfer jurisdiction over the proceeding to the Tribal Court, such transfer shall not be effective until accepted by the Tribal Court. It shall be the duty of the party petitioning the state court for transfer of jurisdiction to file a petition for acceptance of jurisdiction with the Tribal Court in the form prescribed by this Code.

(b) Petition to be Referred to Social Services Department; Tribe Has Automatic Standing - Upon receipt of a petition for acceptance of jurisdiction from an individual, the Tribal Court shall refer the petition for an assessment by the Tribal Social Services Department. The Court shall automatically grant standing to the Siletz Tribe as an interested party to express its views concerning whether the petition for acceptance of jurisdiction should be granted or denied. The Tribal Social Services Department shall have fourteen (14) days from the date of referral by the Tribal Court in which to prepare a written assessment and to submit such assessment to the Tribal Court for its consideration.

(c) Hearing Schedule - A hearing on the petition for acceptance of jurisdiction shall be scheduled at the earliest available time following submission of the Social Service Department's assessment. If transfer of jurisdiction is granted, the Tribal Court shall enter an order to that effect and shall file a copy of the order and request that the state court transfer its files with the state court which transferred jurisdiction of the proceeding.

§8.445 TRANSFER OF PROCEEDINGS FROM/TO JURISDICTION OTHER THAN STATE COURT:

(a) The Court may accept or decline any transfer of jurisdiction over a minor from any other court, tribunal, tribal council or other governing body, or administrative body

(b) The Court may transfer a proceeding over a minor who is not a Siletz minor to another jurisdiction in accordance with the following procedures:

(1) Any person may request the Court to transfer a proceeding by filing a petition with the Court.

(2) The petition shall include:

(A) The name, age, address and tribal affiliation, if known, of the youth who is the subject of the proceeding; and

(B) A plan and concise statement of the reasons the transfer should be granted.

(3) The court shall hold a hearing on the transfer request within fourteen (14) days of the filing of the petition for transfer, unless a longer time is agreed upon.

(4) As soon as the time and place for the hearing has been established, written notice of the date, time and location of the transfer hearing shall be given to the youth, his parent, guardian, or custodian, and to the court or other judicial or administrative body to which transfer has been requested.

(5) The notice shall be delivered by a tribal law enforcement officer or an appointee of the Court. If the notice cannot be delivered personally, the notice shall be delivered by registered mail or any other method reasonably designed to give notice to the required persons.

(6) The wishes of the parent, as well as those of the minor, if he or she is over the age of fourteen (14), shall be considered, but shall not be controlling, concerning the decision to transfer. The minors best interest shall be the controlling factor in the Court's decision to accept or decline the transfer of any child custody proceedings concerning the minor.

§8.446 INTERVENTION IN CHILD CUSTODY PROCEEDINGS IN STATE COURT:

(a) Authority - The Tribe has the authority to intervene in any child custody proceeding taking place in any state court pursuant to the Indian Child Welfare Act of 1978.

(b) Procedure - The procedure for intervening in Indian Child Welfare proceedings taking place in state court shall be as follows:

(1) A request that the Tribe intervene may be made by either the ICWA Transfer Committee, a minor's parent(s), guardian, or custodian, or the minor, through his or her guardian ad litem.

(c) Assessment of Case by Social Services Department; Recommendation - Within fourteen (14) days of receipt of a request for Tribal intervention in an ICWA custody proceeding taking place in state court, the Tribal Social Services Department shall prepare an assessment of the minor and the minor's family situation, and shall make a written recommendation to the ICWA Transfer Committee concerning whether the Tribe should intervene in the proceedings pursuant to the ICWA. The recommendation shall consider, among other factors, the following:

(1) The age of the minor;

(2) Any special needs of the family, if any;

(3) The location and circumstances of the family;

(4) Whether the state has made any serious attempt to reunite the family;

(5) The cost to the Tribe of legal services required to accomplish transfer of jurisdiction.

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