Statutes | Lummi Nation Code of Laws Title 8 Chapter 8.05 ยง 8.05.130 | 2020
(a) The Lummi Nation recognizes the child&rsquos need for stability and permanence if the child cannot be safely returned to the parental home in a reasonable period of time that is based on the child&rsquos individual needs. In such a case, a safe and stable non-parental permanent home must be found for the child such as relative placement, guardianship, or customary adoption. Priorities of homes for placement are stated in LCL 8.01.130(c).
(b) The Lummi Children Services Department, in consultation with the child&rsquos family, must develop a permanency plan for children placed out of the home, which shall determine whether, and by what likely date the child will be:
(1) reunified with a parent
(2) placed permanently with a fit and willing relative
(3) placed into a legal guardianship Title 8 (Children&rsquos Code) LIBC Resolution #2013-131 23
(4) placed into a customary adoptive home or
(5) placed in another planned permanent living arrangement, but only in cases where the Lummi Children Services Department has documented to the court a compelling reason for determining that it would not be in the best interests of the child to follow one of the four specified options above.
(c) No later than twelve months after the date that a child enters foster care, the Children&rsquos Court must conduct a hearing for the purpose of evaluating and determining the permanency plan under (a) of this section and whether the Lummi Children Services Department, in consultation with the child&rsquos family, has made reasonable efforts to finalize the permanency plan.
(d) If the child remains in foster care, the court must review and make the same determination no less frequently than every 12 months thereafter. A permanency planning hearing may be combined with the review hearing required under LCL 8.05.110.
(d) In the case of a child who will not be returned to the parent, the court must consider both in-state and out-of-state available homes, if placement in such home is consistent with the priorities in LCL 8.01.130. Permanent placement of a child may not be delayed or denied on the basis that the eligible placement is out of the state.
(e) Reasonable efforts to finalize an alternate permanency plan may be made concurrently with efforts to reunify the child and family.
(f) If a child has remained in foster care for 15 consecutive months, or a cumulative amount of 15 of the most recent 22 months, the provisions for initiation of proceeds to permanently suspend the legal relationship between the parents and the child, as set out in LCL 8.07.040, shall apply.
(g) If the child is 16 years of age or older, the Lummi Nation shall begin services to assist the child to learn independent living skills.
(h) The Court shall consult in an age-appropriate manner with the child regarding the proposed permanency plan