Statutes | Cherokee Code Chapter 7B Article 5 ยง 7B-505 | 2019

(a)

A child meeting the criteria set out in C.C. section 7B-503 may be placed in the custody of the department of human services or a person designated in the order and may be placed in:

(1)

A licensed foster home or a home otherwise authorized by law to provide such care or

(2)

A facility operated by the Tribe or

(3)

Any other home or facility, including a relatives home, which has been reviewed by the department of human services and approved by the Court and designated in the order.

(b)

When placing a child in the departments custody under this article, the Court shall first consider whether the child could safely remain in his/her own home with a fully executed services contract between the parent, guardian, custodian, or caretaker and the department of human services that included substantial in-home supervision by the ICWT and intervention services including but not limited to behavioral health services for the parent, guardian, custodian, caretaker and/or the child.

(c)

If the Court cannot be satisfied that the child could remain safely in his/her own home with services in place under (b) above, then the Court shall next consider placement with a relative of the child who is willing and able to provide proper care and supervision of the child in a safe home, including provision of any specific services for the child as recommended by the ICWT. If the Court finds that the relative is willing and able to provide proper care and supervision in a safe home and it is in the best interest of the child and when siblings are involved, the best interest of the sibling unit, then the Court shall order placement of the child with the relative.

(d)

The Court shall consider the wishes of any child that is at least 11 years of age when making placement decisions and may consider the wishes of children under the age of 11 years of age when deciding placement options.

(e)

In placing a child in the custody of the department or otherwise under this section, the Court shall also consider whether it is in the childs best interest to remain in the childs community of residence and placed in the same home or facility with other siblings, or otherwise placed in the least restrictive setting which is close in proximity to the home of the childs parent, guardian, custodian, or caretaker. Placement of a child with a relative outside of Tribal trust lands must be in accordance with C.C. chapter 7B, article 38.

(f)

In placing an Indian child enrolled or eligible for enrollment with another Tribe, the Court shall consider the Indian Child Welfare Act as it relates to a child from another Indian Tribe.

(Ord. No. 524 , 7-17-2015)