5.02.220 Place of Detention or Shelter Care

(a) Juvenile offender. A child alleged to be a juvenile offender may be detained, pending a hearing in the following places:

(1) A foster care facility on the reservation licensed or approved by the tribe; or

(2) A detention facility on the reservation approved by the tribe; or

(3) A private home on the reservation approved by the tribe.

(b) Minors in need of care. A minor in need of care may be detained, pending a hearing, in the following places:

(1) A foster care facility on the reservation licensed or approved by the tribe; or

(2) A private family home on the reservation approved by the tribe; or

(3) A shelter care facility on the reservation approved by the tribe.

(1) In any case where an Indian youth is arrested or detained by the Bureau of Indian Affairs or tribal law enforcement personnel for an offense relating to alcohol or substance abuse, other than for a status offense as defined by the Juvenile Justice and Delinquency Prevention Act of 1974, under circumstances where such youth may not be immediately restored to the custody of his parents or guardians, and where there is space available in an appropriate licensed and supervised emergency shelter or half-way house, such youth shall be referred to such facility in lieu of incarceration in a secured facility unless such youth is deemed a danger to himself or to other persons.

(2) In any case where there is a space available in an appropriately licensed and supervised emergency shelter or half-way house, the Bureau of Indian Affairs and tribal courts are encouraged to refer Indian youth convicted of offenses directly or indirectly related to alcohol and substance abuse to such facilities in lieu of sentencing to incarceration in a secured juvenile facility.

(d) Exceptions. An alleged juvenile offender may be detained in a jailor facility used for the detention of adults only if:

(1) A facility as described in (1), (2) and (3) of (a) is not available for restraint of the minor;

(2) Detention is in a cell separate from adults; and

(3) Adequate supervision is provided twenty-four (24) hours per day.