5.07.090 Emergency Removal

(a) If from the investigation it shall appear that there is probable cause to believe that the child is in immediate danger and that danger cannot be removed, emergency removal from the home should be considered. An emergency placement of the child from its own family should be considered in the following types of situations:

(1) The abuse or maltreatment in the home, present or threatened, is such that the child could suffer serious injury to body or mind if left there.

(2) The child is in need of immediate medical or psychological care, which the parent/caretaker refuses to obtain.

(3) A child's age, physical, or mental condition renders him or her incapable of self-protection.

(b) Authorization and duties of the BIA/Tribal police and social services. In any case where a BIA/Tribal police officer or social worker has reasonable grounds to believe that an Indian child is in danger of serious and imminent physical or emotional harm, and that the removal of the child from the child's home or residence is necessary to avoid such harm, and if the Court is unavailable to issue a custody order, or if the issuance of a custody order would involve a delay which could contribute to the risk of harm to a child, the police officer or social worker may take the child into emergency protective care.

(c) Procedure upon emergency removal of child. Upon the emergency removal of an Indian child into emergency protective care, the BIA/Tribal police officer or social worker shall:

(1) Immediately notify the child's parents or custodian of such removal and the reasons therefore. If attempts to so notify the child's parents or custodian are unsuccessful, then immediate notifications shall be made of the child's nearest relatives.

(2) Immediately notify the Social Service Agency designated to take such notice.

(3) If the return of the physical custody of the child can be accomplished without danger of such harm to the child, the child shall be returned to the parent or custodian.

(4) If the return of the child to the child's parent or custodian is impossible or would involve continued risk of such harm to the child, then the child shall be placed in the physical custody of a responsible adult member of the child's extended family if such a person is available, and placement can be accomplished without risk of such harm to the child.

(5) If temporary protective care as set forth above is not available, then the child shall be placed with a secure home, family, or shelter-care facility having been approved for such placement by Social Services. In no case shall such a child be placed in a jail facility or other detention facility where the child is in contact with adults for the reason of having been accused or convicted of a crime.

(6) Make and deliver a written report, containing the circumstances surrounding the emergency protective care and the basis therefore, to the Tribal Court before the end of the next working day of the Court.

(d) The Turtle Mountain Tribal Court may consider and order the emergency removal of a perpetrator of child abuse and neglect from a home, in cases where removing the child would have an adverse effect on the emotional health and well-being of the child. This emergency removal may be

accomplished by a restraining order or protective custody proceedings.