1.

The Court of Appeals has ruled that the Wilburs were wrongfully denied the status of parties in the trial court proceedings in August, 1990, and that the trial on appeal would be an entirely new proceeding limited to the issue of placement of the child, but involving new discovery, evidence and testimony. Such a proceeding would necessarily entail further delay in permanency planning for this child. The child was born September 12, 1989, and has lived with intervenors Marvin and Brenda Wilbur, Jr., since shortly after his birth, without benefit of permanency planning, under a series of temporary custody orders.

2.

The parental rights of the child's natural parents, Mary Beth and Norman Joe Galicia, were terminated by order of the trial court, orally entered November 29, 1990, and formally entered in writing December 4, 1990. No appeal was taken from this decision and the Tribal Court of Appeals has ruled that the approval of consent and relinquishment of parental rights is final and irrevocable as a matter of tribal law. As a result of this ruling, the child is now available for adoption by any interested person. The parties agree that it is in the best interests of the child that permanency planning as well as long-term placement of this child be determined in the context of adoption proceedings and not in the context of custody or placement orders in a juvenile dependency proceeding. Based upon the length of time the child has been in the Wilburs' physical custody, it is in his best interest that dispositional placement be with the Wilburs. In light of the bonding and length of time the child has been with the Wilburs, a placement with anyone other than the Wilburs would not be "consistent with the best interests of the child" as that term is used in Section 8.8.06(e) of the Lummi Code.

3.

In view of the foregoing agreement of the parties, the parties now stipulate that the child is placed in the physical custody of Marvin and Brenda Wilbur, Jr., pending the completion of adoptive proceedings. All persons having an interest in adopting the child shall file appropriate adoption petitions on or before May 15, 1991, and the clerk shall serve a copy of all such petitions filed on any person who previously or subsequently files such a petition. The trial court may, in its discretion, consolidate any or all petitions filed for hearing in one proceeding. All proceedings shall be conducted in accordance with the provisions of the Lummi Tribal Adoption Code, Section 8.8.04, and such other provisions of the Tribal Code as shall, in the opinion of the court, be applicable.

4.

The clerk of the court shall, by certified mail or personal service, provide a copy of this settlement agreement and order to Marvin and Brenda Wilbur, Jr., Lummi Children's Services, Norman and Mary Beth Galicia, Darrell and Dena Rosario, and any other person who, to the knowledge of Lummi Children's Services or the court, has expressed an interest in adopting this child.