Tribe: Muckleshoot Indian Tribe
12A.03.100 Family Protection Plan Report.
After a Fact Finding Hearing at which the court has found the child to be a youth in need of care:
a) MCFS shall prepare a written Family Protection Plan Report describing its recommendations for reasonable and appropriate placement and services.
b) The Family Protection Plan Report shall include:
1) A specific case plan for the care of, services, and assistance to the child and his/her parent, guardian, or custodian, that is calculated to resolve the problems presented in the Petition for Fact Finding and reunite the family where this is possible and in the best interests of the child;
2) An explanation of the necessity for the proposed plan and the benefits to the child and his/her parents, guardian, or other custodian;
3) Specific language showing compliance with the preferences for placement listed in Chapter 12.07; and
4) Specific information and recommendations when there are aggravated circumstances that could warrant a determination by the Court that family reunification efforts and services would be futile and or/ would not be in the best interests of the child, including but not limited to the following circumstances:
i. The parent has committed murder of another child of the parent;
ii. The parent has committed voluntary manslaughter of another child of the parent;
iii. The parent has aided or abetted, attempted, conspired, or solicited to commit such a murder or voluntary manslaughter;
iv. The parent has committed a felony assault that results in serious bodily injury to the child or another child or the other parent;
v. The parental rights of the parent to a sibling have been involuntarily terminated;
vi. The parent has committed sexual abuse and refused to seek or accept treatment;
vii. Where drug or alcohol abuse was a contributing factor in a determining that a child was a youth in need of care, and the parent has refused treatment for drug or alcohol abuse, or failed to complete offered treatment, or to maintain sobriety, three or more times pursuant to a treatment plan for family reunification;
viii. Where parental torture, abandonment, or chronic abuse have been contributing factors in a finding that a child is a youth in need of care.
5) For children age 13 and older, the Report must provide documentation that the child has been provided age appropriate explanations of his or her rights to education, health, visitation, and court participation; that the proposed plan was developed in consultation with the child; and that it includes and describes appropriate services to help the child transition to adulthood, including provision of the child’s credit report and assistance in addressing inaccuracies.
c) MCFS shall file the Family Protection Plan Report with the Court at least ten (10) days prior to the Family Protection Plan Hearing.
d) MCFS shall immediately mail a copy of the Report to the parties.
e) If all parties are present at the Fact Finding Hearing and are prepared and so agree, and if the Fact Finding Hearing has not resulted in any new information that would recommend delay and the Court finds it is in the best interests of the child, the Court may conduct a Family Protection Plan Hearing immediately following Fact Finding.
12A.03.110 Family Protection Plan Hearing.
) A Family Protection Plan Hearing shall, except for good cause, take place not more than forty (40) days after the Fact-finding Hearing, unless the parties agree to an expedited Hearing pursuant to part 12A.03.100(e).
b) At the Family Protection Plan Hearing the Court shall hear evidence concerning the proper case plan (including placement, continuing care, services and safety) for the child, as well as services or treatment for the parents, where relevant.
c) Unless all parties have agreed to an expedited Family Protection Plan Hearing under part (a) above, notice of the hearing shall be provided at least ten (10) days prior to hearing and in accordance with Section 12A.01.090, and shall include the date, time, and place of the hearing and a statement that the hearing is to determine the disposition of the child.
d) The parties to the Hearing shall be afforded all rights specified in Chapter 12A.01.100.
e) At the Hearing the Court shall consider the Family Protection Plan Report submitted by MCFS and shall afford the parties an opportunity to challenge the factual contents and conclusions of the Report and present additional evidence. The Judge shall also consider any alternative Family Protection Plan Report that may be prepared by the parties and their counsel, or a Guardian ad Litem, if any.
f) The Court shall take into consideration any aggravated circumstances presented pursuant to 12A.03.100(b)(4), which may warrant that family reunification efforts and services, which are ordinarily favored by Tribal policy, would be futile, and/or not in the best interests of the child for health, safety reasons, or permanency reasons.
12A.03.120 Family Protection Orders.
a) The Court may order any of the following, separately or in any combination:
1) Place the child in accordance with the placement preference of Chapter 12.07;
2) Order the child and/or his/her parent, guardian, or custodian to comply with a treatment plan approved by the Court, and may modify change, or add to the treatment or Family Protection Plan at the recommendation of any party or on its own initiative, in order to provide that the plan offers the family, where appropriate, the services necessary for the child to be reunited with the family upon successful completion;
3) Recommend that MCFS proceed to draft a permanency plan for the child.
Read Full Text of Muckleshoot Tribal Code. Title 12A Civil Proceedings—Child and Family Welfare. Section 12A.03 Dependency Proceedings. Sections 12A.03.100 Family Protection Plan Report, 12A.03.110 Family Protection Plan Hearing 12A.03.120 Family Protection Orders.