Chapter 6.05
YOUTH – GENERAL PROVISIONS
Sections:
6.05.030 Establishment of Court system.
6.05.050 Effect of adjudication.
6.05.060 Cooperation with agencies.
6.05.090 Shelter care, foster care, detention, and other placement facilities – Standards.
6.05.110 Shelter care alternatives.
6.05.120 Placement preference – Generally.
6.05.140 Confidentiality of hearings and conferences.
6.05.150 Confidentiality of records.
6.05.010 Purpose.
Recognizing that the young people of the Chehalis Tribal Community are the Tribe’s most important resource and that their welfare is of paramount importance to the Chehalis Tribe, and further recognizing that parents and youths share rights to a permanent and sustaining family, the Business Committee hereby declares that it is the policy of this Tribe to afford each young person in the Chehalis Tribal Community such care, guidance and control, in his or her own home whenever possible, as will best serve his or her welfare, his or her family, extended family, and the interest of the Chehalis Tribe; to preserve, strengthen and protect the youth’s cultural and ethnic identity and pride as a Native American whenever possible; to secure for each youth removed from his or her home that care, guidance and control which most approximates that which should have been exercised by his or her parents to help him or her develop into a responsible, well-adjusted adult; to improve any conditions and home environment which contribute to his or her need of care or to his or her delinquency by providing a mechanism for the Tribal Court and the Tribal Social Service programs to guide and assist youths in need of care, delinquent youths, and their families and extended families, consistent with individual rights; and at the same time, to protect the peace and security of the Chehalis Tribal Community and its individual residents from violence or law-breaking by youths. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.1.1.010.]
6.05.020 Definitions.
For purposes of this title, unless otherwise expressly provided, the following definitions apply:
“Abandoned” means when a custodial parent, guardian or other custodian, for a period exceeding two days, has left a youth without making arrangements for reasonable care and supervision of the youth.
“Abuse and neglect” means any of the following:
1. The nonaccidental, physical injury of a youth which causes or creates a substantial risk of death, disfigurement, or impairment of bodily functions; or
2. Sexual abuse of a youth; or
3. Emotional abuse of a youth, including emotional abuse through the use of unreasonably abusive language, derogatory remarks on the cultural or ethnic heritage of the youth or his or her parents, or repeated accusations known to be false or which should have been known to be false through reasonable investigation, to the extent that the youth manifests a substantial behavioral problem; or
4. The failure or inability of a parent, guardian or other custodian to fulfill parental duties to the extent that the youth’s physical or emotional health, safety and welfare are harmed or threatened thereby; or
5. Any other act or omission which indicates a serious disregard of consequences likely to result in substantial emotional or physical damage to the youth.
“Chehalis Indian” means any person enrolled, or eligible for enrollment other than by adoption, in the Chehalis Tribe; and includes a youth who has a parent enrolled in the Chehalis Tribe regardless of the youth’s enrollment in any other Indian Tribe.
“Competent” means to be able to understand fully and comprehend the consequences of a particular act or decision a person may make.
“Counsel” means any person admitted to the Tribal Court Bar pursuant to CTC 3.15.140 through 3.15.240.
“Custodial parent” means that parent to whom a court has granted the exclusive care, custody and control of a youth although another parent retains rights of visitation, but in the absence of evidence to the contrary, both natural parents are presumed to be custodial parents.
“Custodian” means any person who has undertaken temporary physical care, custody and control of a youth with the permission of the youth’s parent, including the duty to provide food, clothing, shelter, ordinary medical care, education and discipline for the youth and, in an emergency, to authorize surgery or other extraordinary care. Legal custody may be taken from a parent only by court action.
“Delinquent act” means any act or omission by a youth that, if committed by an adult, would be designated a crime by the Chehalis Tribal Code.
“Desertion.” It is presumed that a youth has been deserted:
1. By his or her custodial parent if that parent has, for a period exceeding two years, left the youth without making adequate arrangements for reasonable care and supervision of the youth; or
2. By his or her noncustodial parent if that parent has failed for a period exceeding two years to indicate, despite an ability to do so, any interest in health, education, and general welfare of the youth; or
3. By both parents, notwithstanding subsections (1) and (2) of this definition, if the Youth Court finds that they have left the youth without making adequate arrangements for reasonable care and supervision of the youth and that the identities of the parents are unknown and have been unknown for a period exceeding 90 days after leaving the youth, and if reasonable, diligent, and recurring efforts to identify and locate the youth’s parents have failed.
“Detention” means the placement of a youth in a physically restrictive facility other than a shelter or foster care placement.
“Domicile” means the place where a person intends to reside permanently, but:
1. Any determination of domicile is to be governed by Tribal law and custom; and
2. Any youth who resides with a member of his or her extended family within the Tribe’s jurisdiction is presumed to be domiciled within the Tribe’s jurisdiction; and
3. Substantial periods of time spent outside the Tribe’s jurisdiction for purposes of education, employment, family, health, or other similar reasons do not affect domicile within the Tribe’s jurisdiction.
“Emergency situation” means any situation in which a youth is in immediate danger of physical damage or harm from his or her surroundings and in which the youth’s removal is immediately necessary.
“Extended family member” means, to the extent consistent with Tribal law and custom, any adult who is competent to care for a youth, and who is the youth’s grandparent, aunt or uncle, brother or sister, first or second cousin, step-parent, or other family member, including non-Indian people.
“Guardian” means any person not the parent of the youth who has been appointed by a court to undertake the legal responsibility of daily support and supervision of the youth.
“Guardian ad litem” means any person appointed by the Youth Court or any other court of competent jurisdiction to represent the interests of a youth in legal proceedings.
“Holidays” include Federal holidays, days when Chehalis Tribal offices are closed and days when all Tribal staff are authorized to attend funerals with pay.
“Indian” means any person who is a member of, or eligible for membership in, an Indian tribe, or who is an Alaskan Native, including the following:
1. An enrolled Indian:
a. A person who is enrolled or who has an application pending for enrollment in a Federally or state-recognized tribe; or
b. A person determined, or eligible to be found, to be an Indian by the Secretary of the Interior.
2. Alaskan Native: A person of one-fourth degree or more Alaskan Indian (including Tsimshian Indians), Eskimo, or Aleut blood, or combination thereof.
3. A Canadian Indian: A person who is a member of a treaty tribe, Metis community or nonstatus Indian community from Canada.
4. An unenrolled Indian: A person considered to be an Indian by the Chehalis Tribe.
“Indian youth” means any unmarried Indian under the age of 18 years 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. For purposes of this title, an Indian youth is deemed a member of a particular Indian tribe if she/he is enrolled in that tribe or has an application pending for enrollment in that tribe.
“Initiating party” means that party, other than the Tribe, who begins an action in Youth Court pursuant to CTC 6.20.010.
“Judicial officer” means the Court officer whose position is provided for in CTC 3.10.080.
“Parent” means any biological parent of a youth, or any person who has lawfully adopted a youth, including adoptions under any Tribal law or custom. It does not include the unwed father whose paternity has not been previously established by a court or through public records or acknowledged by the father.
“Parent and child relationship” means the legal relationship existing between the youth and his or her parents incident to which the law confers or imposes rights, privileges, duties, and obligations. It includes the mother and child relationship and the father and child relationship, and extends equally to every youth and to every parent regardless of the marital status of the parents.
“Parental duties” shall be governed by Tribal law and custom but shall include at a minimum the provision by the parent, guardian or other custodian of adequate food, clothing, shelter, medical and mental health care, education, supervision and guidance necessary for the youth’s health, morals and well-being.
“Probable cause” means facts which support a reasonable belief of the existence of a particular conclusion.
“Reasonable Doubt.” Reserved.
“Shelter care” means a residence approved by the Business Committee for the purpose of providing temporary physical care to youths, but does not include detention facilities.
“Termination of a parent-child relationship” means the complete severance of all rights, powers, privileges, immunities, duties, and obligations, including any rights to custody, control, visitation, or support existing between a youth and his parents.
“Ward of the Court” means any youth over whom the Youth Court is asserting jurisdiction or respecting whom an action is pending in the Youth Court.
“Youth” means any unmarried person under the age of 18 years not otherwise emancipated.
“Youth caseworker” means that person hired by the Tribe to assist in the development of systems for the identification, investigation and treatment of youths in need of care, and to assist in the development of youth protective placement services, foster home licensing regulations, and other duties.
“Youth Court” means the Tribal Court when exercising jurisdiction under this title.
“Youth Court judge” means any duly appointed or elected judge in the Tribal Court when exercising jurisdiction under this title.
“Youth Home Director” means the Director of the Chehalis Youth Home or his/her designee.
“Youth in need of care” means any youth who:
1. Has no parent, guardian or other custodian able, willing and available to fulfill parental duties; or
2. Has been abused or neglected; or
3. Has been abandoned; or
4. Has been committing delinquent acts as a result of pressures, guidance or approval of his or her parent, guardian or other custodian; or
5. Has run away from home; or
6. Is in serious conflict with his or her parent, guardian or other custodian to the point where assistance outside the immediate family is needed or requested by the parent, guardian, or other custodian. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.1.2.020.]
6.05.030 Establishment of Court system.
There is hereby established for the Confederated Tribes of the Chehalis Reservation a division of the Tribal Court to be known as the Chehalis Youth Court. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.1.3.010.]
6.05.040 Judges.
A. The Youth Court consists of such number of judges as the Business Committee may appoint from time to time.
B. To be eligible to serve as a regularly appointed judge of the Youth Court, a person must satisfy the eligibility requirements of CTC 3.10.030.
C. Duties of the judge are regular and permanent. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.1.3.020.]
6.05.050 Effect of adjudication.
A. No adjudication upon the status of any youth under the jurisdiction of the Youth Court is deemed criminal or a conviction of a crime unless the Youth Court refers the matter to the adult Tribal Court for criminal prosecution.
B. A disposition by the Youth Court of a matter involving custody of a youth, and any evidence submitted therein, is neither admissible as evidence against the youth in any court other than the Youth Court nor grounds for disqualifying the youth for any employment. [Res. 2011-020; Res. 2006-63. Prior code § 12.1.3.030.]
6.05.060 Cooperation with agencies.
The Youth Court is hereby authorized to cooperate fully with Federal, state, tribal, public or private agencies, to participate in any diversion, rehabilitative, or training programs, and to receive grants-in-aid to carry out the purposes of this title, and to utilize such social services as may be furnished by any Federal, state, or tribal agency. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.1.3.040.]
6.05.070 Rules.
Except as otherwise expressly provided in this title, the Rules of the Chehalis Tribal Court, CTC Title 4, Division I, as now or hereafter amended, shall be followed in the Chehalis Youth Court. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.1.3.050.]
6.05.080 Continuances.
A. Except as otherwise expressly provided in this title, the Youth Court may continue any proceeding:
1. Upon motion of a party;
2. Upon a finding that there exists good cause for the continuance, including time to perfect service or to produce material evidence or witnesses currently unavailable although due diligence has been exercised to procure them, if it is reasonable to believe that the evidence or witnesses will soon become available; and
3. Upon its own motion, if the Court considers it to be in the best interests of the youth.
B. A continuance suspends the time limits for filing of requests and petitions, and the holding of hearings under this title. [Res. 2011-020; Res. 2006-63. Prior code § 12.1.4.010.]
6.05.090 Shelter care, foster care, detention, and other placement facilities – Standards.
A. The Business Committee, upon receiving recommendations from the Chehalis social services staff and the Youth Court judge, shall prescribe and enforce rules and regulations governing the licensing and operation of shelter care, foster care, detention, and other placement facilities.
B. The Business Committee may delegate its responsibility under CTC 6.05.090 through 6.05.110 to a Tribal agency or department.
C. The rules and regulations shall include the following:
1. Cleanliness standards;
2. Heat, water and light standards;
3. Personnel standards;
4. Occupancy standards;
5. Visitation privileges;
6. Provisions for medical, mental health, and dental care; and
7. Provisions for food, furnishings, clothing and toilet articles. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.1.5.010.]
6.05.100 Care and treatment.
A. The Youth Home Director is responsible for enforcing policies and procedures governing the administration of shelter care, foster care, detention and other placement facilities for youths.
B. Such policies shall include:
1. A youth shall not be punished, ridiculed, criticized, nor in any way be penalized for expressing through speech, custom or dress the youth’s Indian or Tribal heritage;
2. A youth shall be allowed to wear his or her hair according to his personal taste and shall not be punished, ridiculed, criticized, nor in any way be penalized for the hairstyle he or she selects;
3. A youth may wear his or her own clothes rather than those supplied by the placement facility so long as they comply with the minimum standards of cleanliness provided for above in CTC 6.05.090(C);
4. Incoming and outgoing mail may be inspected for contraband but shall not be read;
5. Whenever possible, the youth shall be allowed to attend the school in which he or she is enrolled, and school work and educational assistance, at the youth’s level of development, shall be provided for the youth in all placement facilities;
6. A youth shall be permitted to attend traditional religious ceremonies provided he or she is accompanied by his or her parent, guardian or custodian;
7. A youth shall be permitted to attend the funeral and any related activities for his or her parent, guardian, custodian or any member of his or her extended family; provided, that he or she is accompanied by his or her parent, guardian or other custodian;
8. A youth shall be given the opportunity to engage in physical exercise every day;
9. A youth shall not be locked alone in a room unless he or she consents or there exists a reasonable belief that he or she may cause physical injury to himself or others if he or she is not locked alone; but if the youth is locked alone, he or she must be visited at least once an hour during daylight hours and such confinement shall not continue unnecessarily; and
10. A youth shall not be punished by physical force, solitary confinement or deprivation of meals or family visits.
C. Any person who violates any of these policies or procedures or any other standards for placement facilities may be subject to dismissal, or suspension or revocation of foster care license, or criminal prosecution under the Chehalis Tribal Code. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.1.5.020.]
6.05.110 Shelter care alternatives.
Whenever a provision of this title authorizes the placement of a youth in a shelter or other care facility:
A. The youth shall not be placed in a jail or other facility used for the detention of adults.
B. The youth may be placed in a facility used for the detention of other youths only if no other care facilities are available, but the youth shall be kept in a room separated from the youth offenders unless the youth is himself or herself being detained as a youth offender. [Res. 2011-020; Res. 2006-63. Prior code § 12.1.5.030.]
6.05.120 Placement preference – Generally.
In any placement or disposition of a youth, other than detention or adoptive placements, the youth shall be placed, unless otherwise expressly provided in this title:
A. In the least restrictive setting which most approximates a family and in which his or her special needs, if any, may be met;
B. Within reasonable proximity to his or her home, taking into account any special needs of the youth;
C. With his or her siblings, if any, whenever possible; and
D. In the absence of good cause to the contrary, in accordance with the following preference:
1. With the youth’s parent;
2. With a member of the youth’s extended family;
3. With a Tribally licensed foster family residing on or near the Chehalis Reservation;
4. In a foster or shelter care facility (including the Chehalis Youth Home) licensed by the Business Committee and located within the Tribe’s jurisdiction; or
5. With an Indian family or in an Indian facility licensed by any tribe, any Indian organization, or the State.
E. Only in exceptional circumstances may a youth be placed with a non-Indian family or in a non-Indian facility.
F. Where appropriate, the placement preferences of the youth and his parent, guardian, or other custodian shall be carefully considered but shall not be the controlling factor.
G. Subsections A, B, C, and F of this section do not constitute good cause under subsection D of this section. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.1.6.010.]
6.05.130 Best interests.
Any placement of a youth shall be governed by his or her best interests. [Res. 2011-020; Res. 2006-63. Prior code § 12.1.6.020.]
6.05.140 Confidentiality of hearings and conferences.
All Youth Court hearings and informal conferences held pursuant to this title shall be closed to the public. Only the Youth Court judge, judicial officer, Youth Home Director, youth caseworker, presenting officer, Tribal law enforcement officers, the parties and their counsel, and any persons asked to testify are permitted at the hearings and conferences, subject to CTC 6.20.080(E); however, other persons are permitted at any hearing or conference if the parties so agree. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.1.7.010.]
6.05.150 Confidentiality of records.
A. All Court records, including complaints, judgments, petitions, affidavits, testimony, reports, briefs, orders and other relevant documents of any proceeding under this title shall be confidential and at no time open to inspection or copying unless otherwise ordered by the Youth Court judge if s/he considers such disclosure to be in the best interests of the youth; however, orders and judgments may be made available by the Youth Home Director to Washington State’s Department of Social and Health Services.
B. All records concerning a youth are open to inspection by his or her parent, guardian, or other custodian, their counsel or other legal representative, and other parties to related proceedings before the Court, and to any agency to which legal custody of the youth has been transferred.
C. With the consent of the Court, records may be inspected by the youth.
D. The name, picture, place of residence, or any other identifying information concerning any youth, parent, guardian, or other custodian, or person appearing as a witness in a proceeding held pursuant to this title, shall not be published in any newspaper or newsletter or in any other publication, nor be given any other publicity unless for good cause shown it is specifically permitted by order of the Court.
E. Unless otherwise provided in this title, and except as is necessary to conduct an investigation or to properly adjudicate the matter, no person shall disclose any identifying information concerning a matter conducted pursuant to this title. The Youth Court judge, or the judicial officer, shall so warn those in attendance at each proceeding held pursuant to this title.
F. Any person who violates any provision of CTC 6.05.140 or this section is subject to a civil fine not to exceed $300.00 which is enforceable and collectable by the Tribe only. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.1.7.020.]
6.05.160 Service – How made.
A. Except as otherwise expressly provided in this title, every pleading, motion, notice and similar paper which is required or permitted under this title to be served upon a person shall be given in the following manner:
1. By personally delivering a copy to him or her by handing it to his or her counsel or to the person himself; or by leaving it at his or her office with his or her secretary or other person in charge thereof; or, if his or her office is closed or the person to be served has no office, leaving it at his or her dwelling place or usual place of residence with some person of suitable age and discretion then residing therein; or
2. If personal service cannot be made, then by certified mail, return receipt requested, postage prepaid, and properly addressed to the last known residence of the person to be served.
B. Personal service is made by a person 18 years of age or older and not a party to the action.
C. Notwithstanding the foregoing, if the Youth Court judge or judicial officer has advised a party at his first appearance before the Court that the party shall keep the Court informed as to his current mailing address, it is sufficient notice of any subsequent proceeding if:
1. The Court, during any proceeding, orally notifies the party of the date, time, and place of a subsequent proceeding; or
2. Service is made by regular mail, bearing sufficient postage, to the party’s last known mailing address or by any other method reasonably designed to give actual notice of the subsequent proceeding.
D. Subsection C of this section does not apply, however, to any required or permitted notice of such first proceeding, termination hearing, adoption hearing, or guardianship hearing.
E. A party who appears voluntarily need not be served with notice and petition, if any, upon his initial appearance or upon his or her request.
F. Service which does not meet the requirements of this section is void and confers no jurisdiction over the parties.
G. Notice shall be given orally as well as in writing if there is a reasonable indication that the recipient of the notice cannot read the language of the notice.
H. If any person upon whom notice is served fails to respond to the notice within the time prescribed in the notice or within such additional time as the Youth Court judge, under exceptional circumstances, may allow, then the matter shall proceed ex parte as to such person, and judgment may be entered in accordance with the right and justice of the case. [Res. 2011-020; Res. 2006-63. Prior code § 12.1.8.010.]
6.05.170 Rights of parties.
A. Except as otherwise expressly provided in this title, all parties, and their counsel, or other persons they have selected to represent them, shall be entitled to the following rights in every proceeding under this title:
1. A statement by the Court to the youth and his/her parent, guardian or other custodian that they have the right under this title to have a lawyer or other person represent them at the proceeding, but that they may have to pay for such representation.
2. If a party appears at a proceeding without counsel, the Court shall advise the party of the right to request a continuance of the proceeding in order to seek counsel, and upon such request, the Court may continue the proceeding for a reasonable period of time.
3. If it appears that the party cannot pay for counsel, the Court shall inform him/her of any available services which provide representation.
4. The opportunity to introduce, examine and cross-examine witnesses.
5. The opportunity to discover, offer and inspect evidence.
6. The opportunity to present arguments and statements.
7. A party need not be a witness against himself/herself.
B. In addition to the above rights, a youth alleged to have committed a delinquent act shall have the right to confront the person who brings a complaint of delinquency against him/her under Chapter 6.20 CTC, but such right is applicable only at the adjudication of delinquency hearing.
C. There is no right to trial by jury during any proceeding conducted pursuant to this title. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.1.9.010.]
6.05.180 Damage suits.
Damage suits against any employee, officer, agent, manager or director of the Chehalis Tribe or any of its departments or divisions for disputes arising under this title or the regulations promulgated hereunder are prohibited. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.1.10.020.]
6.05.190 Amendments.
All provisions of this title and any regulations promulgated hereunder are subject to revision, repeal, or amendment by the Business Committee and are effective upon their adoption. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.1.10.030.]
6.05.200 Effective date.
This title is effective immediately upon its adoption by the Business Committee, but does not affect any proceeding initiated or completed upon its effective date; however, this title shall apply to any subsequent proceeding in the same matter or subsequent proceedings affecting the custody or placement of the same youth. Prior inconsistent ordinances are hereby repealed. [Res. 2011-020; Res. 2006-63. Prior code § 12.1.10.050.]