1.

The dependency petition alleges that D.N., a minor Indian child, is a dependent child and should be made a ward of the Lummi Tribal Court for her protection on the basis of (1) parental neglect, (2) drug and alcohol abuse by her parents which place her at risk, and (3) sexual abuse committed by, or at least not prevented by, her parents.

2.

Bret and Carol N. admit the allegations of numbers (1) and (2), and admit that D.N. has been the victim of sexual abuse during a time when Bret and Carol N. were responsible for her welfare. They deny that either of them sexually abused the child. However, they acknowledge that those allegations to which they have admitted form the basis for a dependency action in the Lummi Tribal Court.

3.

The parties agree that if this stipulation and agreed plan is adopted by the court and adhered to by the parties, judicial resolution of the contested allegations is unnecessary.

4.

The Lummi Tribal Court has present and continuing jurisdiction over the parties and the subject matter of this action, and any objections which Bret or Carol N. may have to the court's jurisdiction over D.N., or over either Bret or Carol N. for the purpose of protecting the best interest of D.N., are hereby waived.

5.

The allegations that sexual abuse was committed by Bret or Carol N. shall be dismissed by the court without prejudice; provided, however, that no information given by the parents at the evaluation described below in paragraph 6 may be used against them in any subsequent criminal proceedings concerning the sexual abuse or neglect of the child.

6.

Bret and Carol N. make no judicial admission of the truth of the allegations that they sexually abused D.N., but agree to submit to a psycho-sexual evaluation, and subsequent treatment plan, if necessary, to be conducted and formulated by Carole Seegert, Ph.D., Traywick, Green & Associates, 6314 19th Street West, Suite 18, Tacoma, Washington, or such other evaluator as agreed by the parties. The parties further agree that the evaluator shall be informed of the allegations of the petition for the purpose of conducting the evaluation, but shall reach her own professional opinions regarding the truth of the allegations in the course of performing the evaluation and in formulating a treatment or therapy plan if necessary. In conducting the evaluation, the evaluator shall accept as true the findings, including the sexual abuse of the child by the parents, made by the Lummi Juvenile Court August 9, 1990, unless she is convinced that it is more probable than not that the court's findings were inaccurate--provided, however, that this shall not affect the admission of Bret and Carol N. contained in this stipulation. The evaluator shall perform her duties for the court and not on behalf of any party, regardless of how she is compensated.

7.

Lummi Children's Services, on behalf of D.N. and Bret and Carol N., shall sign all releases of information necessary to provide the evaluator with information he or she deems necessary for the full and competent, professional performance of the duties assigned. The parties agree that the initial information given to the therapist will be agreed upon and known to all parties before its dissemination to the evaluator.

8.

The evaluator shall report periodically to Lummi Children's Services regarding the progress of the evaluation, preliminary or final conclusions, and a recommended therapy and treatment plan, together with the progress which Bret and Carol N. are making in complying with such recommended therapy and treatment plan. After receipt of the initial information to be provided to the evaluator pursuant to paragraph 7 above, the evaluator shall have access to all persons and information deemed by her relevant to the inquiry, including Lummi Children's Services caseworkers, D.N.'s therapist, the parties, and D.N.'s maternal and paternal grandparents, Vern and Mary Johnson, and Ruth and Charles N.. A review hearing shall be scheduled to consider a formal progress report provided by the evaluator.

9.

Bert and Carol N. shall sign all releases of information necessary to provide Children's Services with information necessary to formulate a case plan and to evaluate their progress in compliance with such case plan. They shall document their progress in whatever form specified by Lump Children's Services.

a.

Bret and Carol N. shall obtain an updated aftercare treatment plan for drug and alcohol abuse from Lummi CARE, or other drug and alcohol evaluation program acceptable to the court, and comply with all aspects of any drug or alcohol treatment plan developed in that process except to the extent modified by the court. Bret and Carol N. shall submit to random urine analysis at the request of Lummi Children's Services. Bret and Carol N. shall maintain a drug and alcohol free home and shall completely abstain from the use of alcohol, any and all illicit drugs, and the abuse or misuse of any prescription drugs.

b.

Bret and Carol N. shall demonstrate compliance with all recommendations of the evaluator for any and all mental health issues identified in the evaluation referenced in paragraph 5 above, including but not limited to the sexual issues identified by the evaluator as set out in paragraph 6.

c.

Bret and Carol N. shall enroll in and attend parenting classes and shall demonstrate the ability to perform appropriate parenting skills.

d.

To demonstrate stability, Bret and Carol N. shall obtain and maintain the equivalent of one full time job between the two of them, and maintain their own residence for a period of six months or more.

e.

Bret and Carol N. shall demonstrate an ability to constructively involve the child's care givers (Charles and Ruth N.) in the child's life as well as to constructively involve the remainder of D.N.'s extended family, including Vern and Mary Johnson. The parties agree to family therapy involving Bret and Carol N., Ruth and Charles N., and Vern and Mary Johnson. D.N. shall be involved in such therapy when and if her therapist deems it appropriate. The parties recognize that they cannot compel the maternal and paternal grandparents to participate in such therapy, but all parties agree to use their best efforts to encourage such participation with the goal of reinforcing D.N. as a member of an extended family.

11.

The parties stipulate to the entry of an agreed dependency order containing the provisions of this stipulation, which order will, by its entry, supersede any prior orders of the court to the extent that the stipulation is inconsistent with those orders. This matter shall be set for periodic review hearings to monitor the progress of the parents in compliance with the orders of the court and to monitor the welfare of the child in her continued placement.

12.

The parties understand and agree that the Lummi Indian Nation is or may be contemplating the initiation of proceedings to terminate the parental rights of Bret and Carol N. and further understand that the parents' progress or lack of progress and compliance with this order shall be a significant factor in both the Nation's decision whether to proceed with such a filing and in the court's resolution of such a petition if and when it is filed.