Statutes | Cherokee Code Chapter 7B Article 5 ยง 7B-504 | 2019

(a)

The child protective custody order shall be in writing and shall direct a law enforcement officer or other authorized person in the department of human services to assume custody of the child and to make due return on the order. A copy of the order shall be given to the childs parent, guardian, custodian, or caretaker by the official executing the order.

(1)

An officer receiving an order for custody issued under this chapter which is complete and regular on its face may execute it in accordance with its terms. The officer is not required to inquire into the regularity or continued validity of the order and shall not incur criminal or civil liability for its due service.

(b)

If the child is being removed from the home, the Court shall include in its order a determination that removal is in the best interest of the child or that remaining in the home would be contrary to the welfare of the child. This finding must be child specific and contain details that are unique to the childs case.

(1)

When a child is removed from the home, the Court shall also include in its order a determination as to whether reasonable efforts undersection 7B-903 were made or were not required to prevent the removal of the child.

(Ord. No. 524 , 7-17-2015)