12.40.080 Basis for removal.
(a) A child may be placed in emergency custody/detention for up to 15 days if the Tribal Court at a hearing finds a prima facie showing that the child is a CINA and one or more of the following conditions exist:
(1) The child is suffering from an illness or injury, and no parent/guardian/caretaker is providing adequate care for him; or
(2) The child has been subjected to aggravated circumstances, child is in imminent danger from his/her 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; or
(3) The child will be subject to injury or abuse by others or by himself if not placed in custody by the court; or
(4) The child is an abandoned infant, or has been abandoned by his/her parent/guardian/caretaker, or;
(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; or
(7) A safely surrendered infant.
(b) If a child was taken into emergency custody without a hearing, the Court shall conduct a hearing within three Court days 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 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(h), adopted, 3/24/2016.]