3-3-13. EMERGENCY CUSTODY OF CHILD.

If it appears that a child is in danger for whatever reason if the Court is unavailable to issue a custody order; any officer of the Court including a Police Officer, or Court Counselor, may make an emergency removal of a child, if such removal is deemed necessary for the welfare of that child. Such removals shall be done on an emergency basis only. The Officer or Counselor who makes an emergency removal of a child shall submit a written report on the incident, along with a petition for custody order before the end of the next working day of the Court. This policy shall reflect the following guidelines and standards:

1. The police officer’s report, or other officer of the Court conducting the emergency removal, shall be submitted to the RST Prosecutor’s Office within 24 hours of the child’s removal from an emergency situation;
2. The Temporary Emergency Custody Order shall automatically lapse, resulting in the child being returned to the custody of the parent or legal guardian, in the event no police officer’s report is filed;
3. The Court shall set up a preliminary hearing to be held within a reasonable time, preferably within 48 to 72 hours after the child is removed and no later than 5 days to determine if probable cause for removal exists;
4. The Court shall set aside specific days of the week and specific hours expressly for the purpose of the preliminary hearing to determine if probable cause exists to warrant the continued removal of the child from the home;
5. The Chief of Police and other supervisory officers shall implement and develop policies and procedures to assure compliance with 3-3-13 of the Law and Order Code as well as with this resolution;
6. These procedures shall be developed and implemented no later than 30 days following the passage of this Resolution;
7. Failure to implement and enforce the provision of 3-3-13 of the Law and Order Code and this Resolution shall be grounds for disciplinary action for officers and supervisory personnel, as provided by other appropriate sections of the Law and Order Code;
8. Any office, or representative of the Court or of the Tribe who is in a position to enforce the provisions of this Resolution who neglects to do so shall be subject to the sanctions in Section (G) above;
9. The Tribal Prosecutor’s office must file their petition by the end of the next working day if removal occurs after the close of business hours on a Friday or a holiday.