Tribe: Jamestown S'Klallam Tribe
Section 33.01.07 Indian Child Welfare Committee Meetings
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E. Family Preservation Plan. The purpose of the Family Preservation Plan is to resolve the problems
within the family that may cause or have caused a child to be determined to be a “child-in-need-
of care.” The goal of the plan is to allow the family to remain together or to work towards
reunification if the child has been or will be removed.
The Family Preservation Plan may include any measures necessary for the protection, safety and
well-being of the child and the family, including but not limited to evaluation and treatment
(including involuntary residential treatment) of substance abuse, mental illness, and emotional
disturbance; parenting classes; mandatory school attendance; visitation orders; restraining
orders; and other services or activities for the benefit of the child and his or her family. The Plan
may specify that the Indian Child Welfare Department will initiate a Court action if the Plan is
not complied with.
The Family Preservation Plan shall include the protection of an unborn fetus or nursing baby
whose mother is using alcohol or other drugs, to an extent that the fetus or baby may be
endangered, and an unborn whose mother is not receiving adequate prenatal care.
Section 33.01.15 Dispositional Hearing
A. Pre-dispositional Report. The Indian Child Welfare Department shall prepare a written report
describing all reasonable and appropriate alternatives. The report shall contain a proposed
Family Preservation Plan as described in Section 33.01.07. The report shall explain the necessity
for the proposed plan and its benefits to the child and the child’s parent(s) or guardian. If
placement with someone other than the child’s parent(s) or guardian is recommended, the
report shall contain specific reasons for not recommending placement of the child with the
child’s parent(s) or guardian. The report shall also describe the efforts made to avoid an out of
home placement.
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D. Dispositional Hearing.
1. A Dispositional Hearing shall be held to decide how to best meet the needs of the child
and assist his or her family. This hearing may take place at the end of the Fact-Finding
Hearing or may take place separately. The Court shall determine the scheduling and
shall direct the Court Clerk to notify all parties.
2. The Court shall hear testimony, consider all proposed Family Preservation Plans filed
and seek recommendations from professionals experienced in providing services to
children. All parties shall be given an opportunity to contest the facts and conclusions
presented in each proposed Plan.
3. In determining an appropriate disposition, the Court shall consider all of the following
applicable factors:
a. Special physical or emotional needs of the child;
b. Social, cultural or religious traditions of the child, his or her family, or the
Jamestown Tribe;
c. Availability of resources within the child‘s extended family;
d. The child’s preference for placement, if the child is over twelve (12) years of
age;
e. The recommendation of the Jamestown Indian Child Welfare Department, the
child advocate, and any other person with an interest in the child;
f. Recommendations of professionals experienced in providing services to child;
and
g. Other factors calculated to meet the needs of the individual child and the
purposes of this Title.
Tribal Court Ordered Family Preservation Plan (Disposition).
1. If a child has been determined to be in need of care, the ICW staff shall order a Family
Preservation Plan for their protection and well-being. The Plan shall either allow the
child to remain with his or her parent(s) or guardian, subject to any such limitations and
conditions the Court may order, or the Court may order an out-of-home placement
subject to the placement preferences listed in Section 33.01.09. Before placing the child
out of the home, the Court must determine that reasonable efforts have been made to
avoid the out of home placement. An out of home placement may also be subject to any
limitations and conditions the Court may prescribe.
2. The Court may make any orders necessary for the protection and well-being of the child
and the family. Such orders may include but are not limited to: evaluation and
treatment (including involuntary residential treatment) of substance abuse, mental
illness, and emotional disturbance; parenting classes; mandatory school attendance;
mediation; visitation orders; restraining orders; and other services or activities for the benefit of the child and his or her family. The Court may make a particular placement
conditional on compliance with any of the above orders.
3. The Court may also order restitution in any reasonable amount for acts of the child
resulting in damage or injury to any individual or the Jamestown Tribe and/or order the
child to perform community service appropriate to the needs or abilities of the child.
4. In any order which places a child off Tribal lands, the Court shall include a specific plan
to ensure that the child maintains cultural and family ties with the Jamestown Tribe.
Orders for visitation shall specifically state frequency, duration, persons with whom
visitation is allowed, and whether visits are to be supervised and if so, by whom.
F. Review Hearings.
1. The Court shall conduct a hearing to review its Family Preservation Plan at least once
every six months, or earlier upon motion of any party or upon the Court’s own motion.
If the child has been placed out of the home, the hearing shall be within six months of
the date of initial placement. The first review hearing shall be scheduled by the Court at
the Dispositional Hearing. Every review hearing thereafter shall be scheduled at the
previous hearing.
2. At the hearing the Court shall review whether the parties are complying with the Plan
and shall consider whether modification of the order is necessary to protect the child
and strengthen the child’s family. If the child has been placed out of the home the Court
shall determine whether reasonable efforts have been made to return the child to the
custody of their parent(s) or guardian.