3-4-12. EMERGENCY CUSTODY OF CHILD - AMENDMENT

1. Emergency Removal of a Child. If there are reasonable grounds to believe that a child is in danger, any officer of the Court or a police officer may make an emergency removal of a child from the parent or guardian, and take temporary emergency custody of the child, if such removal is reasonably necessary for the welfare of that child. Such removals shall be done on an emergency basis only. No officer of the Tribe may deprive a parent or guardian of the custody of a child under this section unless emergency circumstances pose an immediate threat to the safety of the child and others.
2. Temporary Emergency Placement of Child. After taking emergency custody of a child, the officer shall place the child with a responsible relative or with a tribally-licensed social services agency or shelter.
3. Written Report by the Officer.
   1. The officer of the Court or the police officer who makes an emergency removal of a child shall submit a written report on the incident to the Tribe’s Prosecutor’s Office within twenty-four (24) hours of the child’s removal from the custody of the parent or guardian. The Tribal Prosecutor of Juvenile Presenting Officer will attach the officer’s report to the Petition and file the Petition and report with the court.
   2. If no report by the officer is filed with the Prosecutor’s Office within twenty-four (24) hours after taking emergency custody of the child, the temporary emergency custody of the child shall automatically lapse and custody of the child will be returned to the parent or guardian.
4. Notice to the Parent or Guardian. The person removing the child will make all reasonable efforts to give notice to the parent or guardian of the removal, along with notice of the first hearing in court.
5. Notice to the Children’s Court. After a child is taken into temporary emergency custody, the person who removed the child shall attempt to contact the Children’s Court, so that a hearing may be scheduled. Notice to the Court shall be made, no later than 5:00 o’clock p.m. the next court working day.
6. Necessity for scheduling a timely initial hearing. After receiving notice of an emergency removal of a child, the clerk of court shall schedule an initial hearing. The initial hearing must be commenced within seventy-two (72) hours after the child is removed, except as provided below in subsection (7) of this section.
7. Time Limitations in Emergency Custody Cases.
   1. No later than seventy-two (72) hours after an officer takes a child into emergency custody, the Tribe shall file a child and family protection petition with t he Children’s Court and an initial hearing on the Petition will be held in the Children’s Court. If the seventy-two (72) hour time period elapses during a weekend or a court holiday, the Tribe will have until the end of the next working court day to file the Petition and hold the initial hearing.
   2. Except as provided above in Section 7 (a), if an initial hearing on the Petition is not held within seventy-two (72) hours after an officer takes a child into emergency custody, the temporary emergency custody will automatically lapse, and legal and physical custody of the child must be returned to the parent or guardian, unless the court makes an express finding of extraordinary circumstances. The basis of a finding of extraordinary circumstances must be set forth on record.