Plans of Safe Care for Infants With Prenatal Substance Exposure and Their Families - Port Gamble S'Klallam Tribe

Date: November 2024

Definitions
Citation: Law & Order Code § 16.02.02

A 'child in need of care' is one who has been neglected. This term includes the following:

  • An unborn child whose mother is using alcohol or illegal drugs
  • A nursing child whose mother is using alcohol or other drugs to an extent that the baby may be endangered
  • An unborn child whose mother is not receiving adequate prenatal care

Notification/Reporting Requirements
Citation: Law & Order Code § 16.02.03

The care of children is both a family and a Tribal responsibility. Any member of the Port Gamble S'Klallam Tribe and people residing within the jurisdiction of the Tribe who have reason to believe that a child has 
been abused or neglected may file a report that a child is in need of care.

Assessment of the Infant and Family
Citation: Law & Order Code § 16.02.24

When preparing a family protection plan, the Indian child welfare worker shall include the professional opinions of all persons consulted, including the Port Gamble S'Klallam Child Support Program's recommendation, if any.

Responsibility for Development of the Plan of Safe Care
Citation: Law & Order Code §§ 16.02.24; 16.02.27

The Indian child welfare worker shall prepare a written plan describing all reasonable and appropriate alternatives for caring for the child and assisting their family. It shall explain why the plan is necessary and its benefits to the child and the family.

If a child is in need of care, the court shall order a plan for their protection and well-being. The plan shall either allow the child to remain with their parent, guardian, or custodian or order an out-of-home placement consistent with the placement preferences listed in § 16.02.17.

Services for the Infant
Citation: Law & Order Code § 16.02.27

The court shall make any other orders necessary for the protection and well-being of the child and family. Such orders may include services or activities for the benefit of the child and their family.

Services for the Parents or Other Caregivers
Citation: Law & Order Code § 16.02.27

The court shall make any other orders necessary for the protection and well-being of the child and family. Such orders may include, but are not limited to, the following:

  • Evaluation and treatment (including involuntary residential treatment) of substance abuse, mental illness, and emotional disturbance
  • Parenting classes
  • Mandatory school attendance
  • Visitation orders
  • Other services or activities for the benefit of the child and their family

Monitoring Plans of Safe Care
Citation: Law & Order Code § 16.02.28

The court shall conduct a hearing to review its plan at least once every 6 months or earlier upon motion of any party. The court shall review whether the parties are complying with the order and shall consider whether a modification is necessary to protect the child and strengthen the family.

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