Statutes | Lummi Nation Code of Laws Title 8 Chapter 8.05 ยง 8.05.070 | 2020
(a) No later than 45 days after the child is removed from the home, and at least 7 days before the fact-finding hearing, the Lummi Children Services Department shall file a proposed Child Protection and Reunification Plan with the court and provide a copy to parties and the guardian ad litem. If the Plan does not have the agreement of all parties, any party not in agreement with the Plan may present objections to the Plan and propose alternatives to the Plan at the fact-finding hearing.
(b) If the Children&rsquos Court enters an order under LCL 8.05.050 that a child is in need of protection, the court shall enter an order adopting a Child Protection and Reunification Plan. The Child Protection and Reunification Plan shall have the goal to preserve the unity of the family whenever possible, and may include, but is not limited to, any of the following:
(1) permitting the child to remain with the child&rsquos parents, guardian, or custodian subject to those conditions and limitations the court may prescribe, including the protective supervision or legal custody of the child by the Lummi Children Services Department
(2) ordering removal of the child from the home of the parents, guardians or custodians and placement in the legal custody of the Lummi Nation
(3) requiring action as needed to remove barriers to reunification and to provide for the protection and well-being of the child which may include, but is not limited to:
(A) ordering that the child&rsquos parents, guardian or custodian take necessary steps to establish for the child a home that is safe and stable, and is free from substance abuse, violence and criminal activity
(B) entering restraining or no-contact orders as needed for the protection of the child
(C) ordering the child and the child&rsquos parents, guardian or custodian to participate in evaluation, treatment, and monitoring for problems such as substance abuse, mental illness, or emotional disturbance the court may require residential treatment if needed.
(D) ordering parenting classes
(E) mandating the child&rsquos school attendance
(F) establishing requirements for visitation and communications with parents and siblings
(G) ordering any other services or activities for the benefit of the child and the family
(H) providing for any other culturally appropriate remedy which would properly address the issues found to have caused the minor to be in need of protection
(I) requiring releases to be signed allowing for the monitoring of compliance with treatment, services and other court ordered activities
(J) ordering the parties to cooperate to establish paternity, if in the best interests of the child
(K) ordering the parties to cooperate to document the child&rsquos family tree and tribal associations, and to assist as appropriate in the enrollment of the child if the child is eligible for enrollment in the Lummi tribe and is not enrolled in any other tribe
(L) requiring that the parties maintain a relationship between the child and the child&rsquos extended family, unless maintaining that relationship would not benefit the child or would interrupt the child&rsquos re-unification with the parents and
(M) ordering the parties to appear at all scheduled court hearings and maintain contact with the child welfare workers.
(c) To the extent that information needed to monitor the progress on the Child Protection and Reunification Plan is confidential, such as health and substance abuse information, the court shall issue necessary orders allowing the court and the parties to review the information.