Statutes | Siletz Tribal Code ยง 8.030 | 2019
(a) Guiding Principals for Disposition
In determining the appropriate disposition for a child-in-need-of &ndashcare, the court shall take into account the best interest of the child and the child&rsquos health, safety, and welfare. A child shall be placed with relatives where possible, and shall be placed in the least restrictive setting in proximity to the parents or custodians, if possible, given the special needs of the child.
(b) Conditions Upon Parties - The Court has the authority to impose conditions and limitations upon a child, the childs parent(s), guardian or custodian, and any other party pursuant to this Code in order to protect the safety and best interests of a child found to be a child-in-needof-care. Conditions and limitations may include, but are not limited to:
(1) Counseling, therapy, and/or participation in services, including restrictions on access to reports generated as part of such counseling, therapy, or evaluations
(2) Restrictions on visitation and communication with one or both parents
(3) Payment of support or other necessary costs
(4) Participation in tribally-sponsored activities
(5) Restrictions on associations
(6) Restrictions on use of alcohol or drugs
(7) Drug testing
(8) Curfew restrictions
(9) Restitution for out-of-home care if the child is removed from the home and
(10) Any other conditions or dispositions that the Court finds are appropriate to protect the best interests of the child.
(c) Written Findings Required for Removal - Where a child is removed from the home or placed in an out-of-home placement, the Court shall make written findings that continued custody by the parents or custodian or in the home would be contrary to the health and welfare of the child and that removal from the home is in the best interests of the child.
(d) Placement Preference - When a child found to be a child-in-need-of care requires an out of home placement, the placement preferences shall take into account the best interests of the child and the childs health, safety, and welfare, shall be followed:
(1) Permit the child to remain with his or her parent(s), guardian or custodian under protective supervision, subject to such limitations and conditions as the Court may prescribe
(2) Place the child with a grandparent within the Service Area, under protective supervision, subject to such limitations and conditions as the Court may prescribe
(3) Place the child with an extended family member or other relative within the Service Area, under protective supervision, subject to such limitations and conditions as the Court may prescribe
(4) Place the child in a foster home that has been licensed or approved by the Tribe within the Service Area, under protective supervision, subject to such limitations and conditions as the Court may prescribe
(5) Place the child in a shelter care or residential facility within the Service Area, under protective supervision, subject to such limitations and conditions as the Court may prescribe
(6) Place the child in a foster home or extended family members home that has been approved by the Tribe, outside the Service Area, subject to such limitations and conditions as the Court may prescribe
(7) Transfer legal custody of the child to an agency responsible for the care of children-in-need-of-care, or to an extended family member or other person who the Court finds to be qualified to receive and care for the child, subject to such limitations and conditions as the Court may prescribe
(8) Recommend that full or partial emancipation be ordered
(9) Place the child in a long-term permanent placement, considering long-term guardianship as an alternative to the termination of parental rights based upon the individual circumstances and best interests of the child
(10) Recommend the initiation of proceedings for certification of a customary adoption and/or
(11) Recommend the initiation of proceedings for the termination of parental rights
(12) The ICW Program and Court shall take all available steps to ensure that the placement selected is and remains subject to the jurisdiction of the Tribal Court, including but not limited to having the placement expressly consent in writing to the continuing jurisdiction of the Tribal Court for all matters related to the child.
(e) Party Receiving Custody Shall Submit to Tribal Court Jurisdiction - Whenever the child within the jurisdiction of the court is placed in a home or facility located outside of the Siletz Service Area, the Court shall retain jurisdiction over the child and require the party receiving custody of the child to sign an agreement that:
(1) The child will be returned to the Court upon order of the Court and
(2) The party receiving custody of the child consents to the jurisdiction of the Tribal Court.
Absent such a signed agreement, any person or institution accepting placement of a child pursuant to this Code shall be deemed to have consented to Tribal Court jurisdiction for purposes of determination of the childs placement, and to return the child to the Court upon request or order of the Court.
(f) Notice to Parties and Court of Changes - The parties and the Court shall be notified of any changes in the childs placement, or of any determination from a court of competent jurisdiction affecting a parent(s), guardian or custodians legal right to custody of the child.
(g) In all cases in which a child is placed in a non-Siletz home, the ICW Program will provide mandatory cultural training to the family and provide information and support to the family to facilitate participation in cultural events and activities with the child.