5.08.020 Protective Supervision

When the Court becomes involved, it may order a service plan for the family intended to keep the family intact. If the services of the social worker and Court are refused by the family, or the family is incapable of making changes necessary for the welfare of the child(ren), or the child is at risk by remaining in the home, the Court shall order that the child be placed outside of the family home. This shall be supported by clear and convincing evidence and testimony of a qualified expert witness.

A preference shall be given, in the absence of good cause to the contrary, to a placement with:

(a) A member of the Indian child's extended family.

(b) A foster home licensed, approved, or specified by the Indian child's Tribe.

(c) An Indian foster home licensed or approved by an authorized non-Indian licensing authority.

(d) An institution for children approved by an Indian Tribe or operated by an Indian organization which has a program to meet the Indian child's needs.