In re Welfare of Norcross, (1991)

• Court: Lummi Tribal Court of Appeals
• Writing for the Court: Per Curiam.
• Decision Date: 21 October 1991
• Docket Number: 89-JVDP-0847
• Citation: In re Welfare of Norcross (Lummi Tribal Ct. of App. 1991)
• Parties: IN RE THE WELFARE OF DESIREE NORCROSS, A MINOR INDIAN CHILD

IN RE THE WELFARE OF DESIREE NORCROSS, A MINOR INDIAN CHILD

No. 89-JVDP-0847

Lummi Tribal Court of Appeals

October 21, 1991

Attorney Jan P. Olson of Ellis & Li for appellants Bret and Carol Norcross; attorney Harry L. Johnson for the Lummi Indian Nation; Edna Harper for Lummi Children's Services guardian ad litem Ramona Bennett for Desiree Norcross.

Before: Chief Justice Charles R. Hostnik, Associate Justice Elizabeth Fry, and Associate Justice Rosemary J. Irvin.

Per Curiam.

SUMMARY

Lummi Children's Services successfully petitioned to make Desiree Norcross a ward of the Lummi Tribal Court based on allegations of parental neglect, drug and alcohol abuse, and sexual abuse. Legal custody was awarded to Lummi Children's Services and the child was placed in the physical custody of her paternal grandparents. The parents appealed.

Prior to the commencement of the appellate trial, the parties presented to the court a document entitled "Stipulation and Order of Agreed Dependency." In this document Desiree's parents admitted the truth of the allegations regarding parental neglect and drug and alcohol abuse, and while disputing the truth of the allegations regarding sexual abuse, agreed to participate in a psycho-sexual evaluation and treatment program. After a discussion in open court with the appellate panel, the parties agreed to certain emendations in the Stipulation and it was then approved by the court.

ORDER APPROVING STIPULATION AND ORDER OF REMAND

This matter came before the court for appellate trial on October 21, 1991. Prior to commencement of the appellate trial, the parties presented to the court a document entitled "Stipulation and Order of Agreed Dependency."

After hearing argument from each of the parties and reviewing the proposed Stipulation of Agreed Dependency, the appellate panel finds that it is in the best interests of Desiree Norcross, the child who is the subject of this action, that the stipulation (as amended by interlineations resulting from discussions in open court) be approved. A copy of the approved stipulation is included as part of this order.

It is further ordered that this matter shall be remanded to the trial court for entry of an Agreed Dependency Order and for such periodic review hearings as the trial court deems necessary, pursuant to the provisions of paragraph 11 of the attached stipulation.

STIPULATION AND ORDER OF AGREED DEPENDENCY

Comes now the Lummi Indian Nation, acting through Lummi Children's Services, and Bret and Carol Norcross, parents of the above named minor child, and Ramona Bennett, duly appointed guardian ad litem for above named minor child, all parties to this action, and the undersigned, their attorneys and stipulate as follows:

1. The dependency petition alleges that Desiree Norcross, a minor Indian child, is a dependent child and should be made a ward of the Lummi Tribal Court for her protection on the basis of (1) parental neglect, (2) drug and alcohol abuse by her parents which place her at risk, and (3) sexual abuse committed by, or at least not prevented by, her parents.

2. Bret and Carol Norcross admit the allegations of numbers (1) and (2), and admit that Desiree Norcross has been the victim of sexual abuse during a time when Bret and Carol Norcross were responsible for her welfare. They deny that either of them sexually abused the child. However, they acknowledge that those allegations to which they have admitted form the basis for a dependency action in the Lummi Tribal Court.

3. The parties agree that if this stipulation and agreed plan is adopted by the court and adhered to by the parties, judicial resolution of the contested allegations is unnecessary.

4. The Lummi Tribal Court has present and continuing jurisdiction over the parties and the subject matter of this action, and any objections which Bret or Carol Norcross may have to the court's jurisdiction over Desiree Norcross, or over either Bret or Carol Norcross for the purpose of protecting the best interest of Desiree Norcross, are hereby waived.

5. The allegations that sexual abuse was committed by Bret or Carol Norcross shall be dismissed by the court without prejudice; provided, however, that no information given by the parents at the evaluation described below in paragraph 6 may be used against them in any subsequent criminal proceedings concerning the sexual abuse or neglect of the child.

6. Bret and Carol Norcross make no judicial admission of the truth of the allegations that they sexually abused Desiree Norcross but agree to submit to a psycho-sexual evaluation, and subsequent treatment plan, if necessary, to be conducted and formulated by Carole Seegert, Ph.D., Traywick, Green & Associates, 6314 19th Street West, Suite 18, Tacoma, Washington, or such other evaluator as agreed by the parties. The parties further agree that the evaluator shall be informed of the allegations of the petition for the purpose of conducting the evaluation, but shall reach her own professional opinions regarding the truth of the allegations in the course of performing the evaluation and in formulating a treatment or therapy...