Statutes | Lummi Nation Code of Laws Title 8 Chapter 8.05 ยง 8.05.120 | 2020
(a) When a child is removed from a family home, the court must make a determination within 45 days after removal as to whether reasonable efforts were made to prevent or eliminate the need for removal of the child from the home. The Children&rsquos Court must make a new determination at each subsequent review hearing.
(b) Reasonable efforts to prevent a childs removal from home or to reunify the child and family are not required if the parent has voluntarily relinquished parental rights to the child, or the Children&rsquos Court determines that the child cannot be safely returned to the parent&rsquos home because:
(1) the parent has subjected the child to aggravated circumstances including or equivalent to torture, chronic abuse, or sexual abuse
(2) the parent has been convicted of:
(A) intentional homicide or voluntary manslaughter of another child of the parent, or has aided or abetted, attempted, conspired, or solicited to commit such a crime or
(B) a felony assault that results in serious bodily injury to the child or another child of the parent.
(c) If the Children&rsquos Court determines that reasonable efforts to return the child to a parental home are not required, or no longer required because no parent is participating in a reunification plan and appropriate efforts by the Nation to achieve participation by a parent do not indicate a reasonable likelihood of future success, a permanency hearing must be held within 30 days of that determination. In appropriate circumstances, the two hearings may be consolidated.