Statutes | Cherokee Code Chapter 7B Article 5 ยง 7B-503 | 2019

(a)

Whenever a petition is filed under C.C. chapter 7B, articles 4 or 5, the Court shall rule on the petition for custody and make separate findings and rulings on the best interests of the child for purposes of the childs placement. In no case shall a child alleged to be maltreated be placed in secure custody.

(b)

When a request is made for custody of the child to be transferred to the department, the Court shall first consider physical placement of the child with the childs parent, relative, guardian, custodian, or other responsible adult. An order for child protective custody shall be made only when there is a reasonable factual basis to believe the matters alleged in the petition are true, there are no other reasonable means available to protect the child, and any of the following apply:

(1)

The child has been abandoned as defined in C.C. subsection 7B-101(a)(1) or relinquished under C.C. subsection 7B-500.1.

(2)

The child has suffered physical injury, substantial emotional harm or sexual abuse.

(3)

The child is exposed to a substantial risk of physical injury, substantial emotional harm or developmental delay or sexual abuse because the parent, guardian, custodian, or caretaker has created the conditions likely to cause injury, harm or maltreatment.

(4)

Parent, guardian, custodian or caretaker has failed to provide, or is unable to provide, adequate supervision or protection and the child is exposed to a substantial risk of physical injury, emotional harm or developmental delay, or sexual abuse as a result of the lack of supervision.

(5)

The child, parent, guardian or caretaker is in need of medical or behavioral health treatment to cure, alleviate, or prevent suffering serious physical harm, substantial emotional harm or developmental delay or behaviors that interfere with appropriate benchmarks for childhood social, emotional and educational development and the childs parent, guardian, custodian, or caretaker is unwilling or unable to provide or consent to the medical or behavioral health treatment.

(6)

The parent, guardian, custodian, or caretaker consents to the custody order.

(7)

The child is a runaway and consents to custody.

(Ord. No. 524 , 7-17-2015)