Tribe: Kalispel Indian Community of the Kalispel Reservation
7-23.01 PROPOSED FAMILY PROTECTION PLAN
The Indian Child Welfare Worker may prepare a written plan describing all reasonable and appropriate alternatives for caring for the youth and assisting his or her family. It should explain why the plan is necessary and its benefits to the youth and to the family. It should fully explain any recommendations for placement of the youth. The professional opinions of all persons consulted should be included. If a family protection plan is developed, the Indian Child Welfare Worker shall file the report with the Court and provide copies to all parties prior to any hearing on the Plan.
7-23.02 OTHER PROPOSED PLANS
Any party who is involved with a youth in need of care case may prepare his or her recommendations to the Court in the form of a proposed Family Protection Plan. Copies shall be provided to all parties to the case prior to any hearing on the Plan.
7-23.03 HEARING FOR FAMILY PROTECTION PLAN
A hearing shall be held to decide what plan will best meet the needs of the youth and assist his or her family. This hearing may take place at the end of the Youth in Need of Care Hearing or may take place separately. The Court shall determine the scheduling and shall direct the Court Clerk to notify all parties. The Court shall hear testimony and consider all proposed Family Protection Plans filed. All parties shall be given an opportunity to contest the facts and conclusions presented in each proposed plan.
7-23.04 COURT ORDERED FAMILY PROTECTION PLAN (DISPOSITION)
If a youth has been determined to be in need of care, the Court shall order a Family Protection Plan for his or her protection and well-being. The Plan shall either allow the child to remain with his or her parent(s), guardian, or custodian, subject to any such limitations and conditions the Court may order or the Court may order out-of-home placement subject to the following placement preferences:
(1) Place the youth with an extended family member subject to any limitations and conditions the Court may prescribe;
(2) Place the youth in a foster home which has been licensed or approved by the Tribe, subject to any limitations and conditions the Court may order;
(3) Place the youth in another home or facility which will both meet the particular needs of the youth and will insure that the youth will keep his or her ties to the Kalispel Indian Community and to his or her family.
The Court may make other orders necessary for the protection and well-being of the youth 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 youth and his or her family. The Court may make a particular placement conditional on compliance with any of the above listed orders.
7-23.05 PLACEMENT CONTINGENT ON CONSENT TO JURISDICTION
Placement of a youth with anyone who does not reside within the jurisdiction of the Kalispel Tribe of Indians shall be contingent on the person’s written agreement to accept the jurisdiction of the Tribal Court and to cooperate fully with the Indian Child Welfare Worker and law enforcement.
7-23.06 REVIEW HEARING
The Court shall conduct a hearing to review its Family Protection Plan at least once every six months, or earlier upon motion of any party. 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 youth and strengthen the youth’s family.