12.40.040 Emergency custody/detention petition.
(a) In order to request an extension of emergency custody, YSS must file a petition documenting a prima facie showing that the child is a CINA and that one of more of the conditions that would make the child a CINA exist.
Any petition filed under this section must include allegations that:
(1) The child is suffering from an illness or injury, and no parent/guardian/caretaker is providing adequate care for him;
(2) The child is in imminent danger from his surroundings, removal is necessary for the safety or wellbeing of the child, or failure to remove the child may result in a substantial risk of harm to the child;
(3) The child will be subject to injury or abuse by others or by himself if not placed in custody by the court;
(4) The child has been abandoned by his parent/guardian/caretaker;
(5) No parent/guardian/caretaker is able or willing to provide adequate supervision and care for the child; or
(6) The child will run away or be taken beyond the jurisdiction of the court, and will be unavailable for further proceedings.
(b) If a child was taken into emergency custody without a hearing, the court shall conduct a hearing within 48 hours, not to include nonjudicial from when the child was taken into emergency custody to determine whether the emergency custody was proper.
(c) In assessing whether or not the child should be returned to the home, the Tribal Court may consider previous findings of child maltreatment by the parent/guardian/caretaker and the availability of other family members to care for the child as well as the facts leading to the present removal of the child. [Ord. 46A § 1701(d), adopted, 3/24/2016.]