Statutes | Lummi Nation Code of Laws Title 8 Chapter 8.07 ยง 8.07.040 | 2020
(a) Unless the case is exempted under (b) of this section, the Lummi Nation acting through its Children Services Department (or successor agency) shall file a petition to permanently suspend the legal relationship between a parent and a child who continues to remain in the legal custody of the Lummi Nation:
(1) no later than the 15th consecutive month that the child has been in out-of-home placement, or a cumulative amount of 15 months in the previous 22 months in out-of-home placement trial home visits or runaway episodes are not included in calculating 15 months in out-of-home placement
(2) no later than 60 days after a determination that the child is an abandoned infant as defined in LCL 8.01.090(k) or
(3) no later than 60 days after a determination under LCL 8.05.120 that reasonable efforts to reunify the family are no longer required.
(b) An exemption can be made from the requirement under (a) of this section on a written finding by the Court that:
(1) the child is being cared for by a relative as a non-parental child custodian
(2) there are compelling reasons under the individual circumstances of that case that permanently suspending the legal relationship between the parent and child is not in the best interests of the child the determination shall be made in writing and must explicitly describe the basis for the exception or
(3) that the Lummi Children Services Department has not provided to the family of the child, consistent with the time period in the case plan, the services deemed necessary in the plan for the safe return of the child to the parent&rsquos home.
(c) Simultaneously with a proceeding to permanently suspend the legal relationship between the parent and child in accordance with this Chapter, the Lummi Children Services Department must begin to identify, recruit, process, and approve a qualified family for permanent placement.