(d) Termination. After the creation of an informal custodianship status, if the natural parent or
parents consenting to the custodianship shall elect to terminate the custodianship and request
the return of the child, such requests shall be granted.
(1) If the custodian does not believe that the termination of the custodianship is in the best
interests of the child, the custodian may, in the alternative, file or cause to be filed, a
petition asking that the youth be declared a youth in need of care under Section 6-3 of this
Code.
Section 6-5 Referrals Under the Indian Child Welfare Act
6-5.01 Purpose.
(a) The purpose of this section is to provide for speedy and effective processing of referrals under
the Indian Child Welfare Act of 1978 from State or Tribal Courts, in order to best protect the
interests of a Spokane Indian child or an Indian child and the interests of the Spokane Tribe.
(b) It is intended that the Tribe investigate cases referred to them, and act or transfer to the Tribal
Youth Court those cases where transfer is in the best interests of the child.
6-5.02 Receipt of Referrals.
(a) Referrals shall be received by the Reservation social worker or Indian Child Welfare Advisory
Committee Chairperson.
(b) Upon receipt of a referral, the social worker or Indian Child Welfare Advisory Committee
Chairperson shall immediately deliver the referral to the Youth Court Judge, and the Spokane
Tribal attorney.
6-5.03 Duties of the Recipient of Referral. The recipient of a referral, upon receipt of such a referral, shall
enter in the record all essential information relevant to the referral including:
(a) The source of the referral;
(b) The names and addresses of the child and parent, guardian, or custodian;
(c) The date of the referral;
(d) The form of the proceedings in the foreign Court;
(e) The Tribal affiliation and blood quantum of the child, if known.
6-5.04 Duties of the Youth Court Judge. The Chairperson of the Indian Child Welfare Advisory Committee,
Reservation social worker and the Indian Child Welfare Advocate where practicable, shall determine if it is
necessary to request a 20 day extension to prepare the case, and if so, the Reservation social worker shall
see that such request is properly made.
6-5.05 Investigation of Referral. Upon receipt of referral and/or request of the 20 day extension, the
Reservation social service worker shall assist in the investigation of the referral.
(a) The Indian Child Welfare Advisory Committee after consulting with the Youth Court Judge and
the Reservation social worker, and after reviewing the investigation report, shall make a decision
as to whether the transfer of the case would be appropriate and in the best interests of this
child.
(b) If the Indian Child Welfare Advisory Committee determines that the transfer is in the best
interests of the child, the Chairperson of Indian Child Welfare Advisory Committee shall file or
cause to be filed a petition, with the referring Court a notice of willingness to accept jurisdiction,
affidavits, consents of parent or parents, and other documentation as may be necessary.
(c) If the Indian Child Welfare Advisory Committee determines a transfer is unacceptable, the
Indian Child Welfare Advisory Committee shall decide whether or not it would be appropriate to
intervene in the proceedings and, if so, cause such intervention procedures to be initiated.
(d) The Indian Child Welfare Advisory Committee shall complete the above duties within 10 days
after receiving the notice of referral, unless request has been made, in writing by registered
mail, for the 20 day extension as provided in the Indian Child Welfare Act.
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Revised Spokane Law & Order Code, 5/14/2013