Tribe: Lummi Tribe of the Lummi Reservation
8.05.080 Disposition after a Child is
Found to Be in Need of Protection.
If the Tribal Court finds that a child is in need
of protection under this Chapter, the Court
shall order a Child Protection Plan be entered
for the child’s future protection and well-
being. The Court shall receive a proposed Child Protection Plan from the child welfare
worker assigned to the case. The Court shall
receive testimony, reports or other material
relating to the mental, physical and social
history of the child, and the child’s parent,
guardian or custodian, as necessary for the
purpose of determining proper disposition of
the case. A Child Protection Plan may not
extend beyond the date on which the child
becomes 18 years old, unless the child enters
into a voluntary placement plan after the child
turns eighteen. The Child Protection Plan
may include any of the following, giving due
weight to the need to preserve the unity of the
family whenever possible:
(a) permit the child to remain with the child’s
parents, guardian, or custodian subject to
those conditions and limitations the Court may
prescribe, including the protective supervision
of the child by a local social service agency or
placement conditioned upon compliance with
the Court’s orders;
(b) ordering removal of the child from the
home of the parents, guardians or custodians
and placement in tribal custody;
(c) order the child and the child’s parents,
guardian or custodian to participate in
counseling or other treatment program as
ordered by the Court;
(d) require action necessary for the protection
and well-being of the child including but not
limited to:
(1) child support and/or restraining or no-
contact orders;
(2) evaluation and treatment (including
involuntary residential treatment and drug
testing) for substance abuse, mental illness,
and/or emotional disturbance;
(3) parenting classes;
(4) mandatory school attendance;
(5) visitation and communication orders;
(6) any other services or activities for the
benefit of the child and the family;
(7) provide for any other culturally
appropriate remedy which would properly
address the issues found to have caused the
minor to be in need of protection;
(8) providing that failure to comply with a
Child Protection Plan may be punished by
contempt of court or a charge of
Disobedience of Lawful Order of the Court
under this Code;
(9) require releases to be signed allowing
for the monitoring of compliance with
treatment, services and other court ordered
activities;
(10) Establishment of paternity, if in the
best interests of the child;
(11) Require maintaining a relationship
between the child and the extended family
to the extent that resources are reasonably
available, unless maintaining that
relationship would not benefit the child or
would interrupt the child’s re-unification
with the parents.