Statutes | Cherokee Code Chapter 7B Article 3 ยง 7B-302.2 | 2019
(a)
If the initial investigative assessment indicates that maltreatment has occurred, the ICWT shall decide whether immediate removal of the child or any other children in the home is necessary for their protection. The director is ultimately responsible for removal decisions in controversial cases where ICWT finds difficulty reaching consensus. Where the allegations of maltreatment are substantiated, the director shall immediately but in no more than five working days file a petition alleging maltreatment pursuant to article 4 of this chapter.
(1)
If immediate removal does not seem necessary, the ICWT shall immediately but in no more than five working days from determination provide or arrange for protective services and shall immediately schedule a child and family team meeting for the ICWT and the family involved to engage the familys protective capacities and to reach an agreement on what services are necessary to prevent the removal of the child from the home.
(A)
If the parent, guardian, custodian, or caretaker refuses to accept services or refuses to agree to participate in the child and family team meeting arranged by the director, the director shall immediately or in no less than five working days from initial refusal or absence from initial child and family team meeting sign and file a petition seeking to invoke the jurisdiction of the Court for the protection of the child or children.
(b)
If immediate removal seems necessary for the protection of the child or other children in the home, the director or ICWT shall seek consent from the parent, guardian, custodian or caretaker for the removal and placement of the child(ren) and proceed under C.C. subsections 7B-302(a)(l) and7B-302(a)(1)(A). Where the investigative assessment shows that it is warranted, the director may assume temporary custody of the child for the childs protection pursuant to article 5 of this chapter.
(1)
Once the child is removed, the ICWT shall immediately but in no more than five working days from removal, provide or arrange for protective services and shall immediately or no more than five working days schedule a child and family team meeting for the ICWT and the family involved to engage the familys protective capacities and to reach an agreement on what services are necessary in the case plan to enable reunification with the child.
(c)
Whenever a child is maltreated by someone within the childs home environment and the child is removed, by consent or otherwise due to such maltreatment, the director or ICWT shall conduct a thorough review of the background of the person(s) alleged to have been responsible for the maltreatment. This review shall include a criminal history check and a review of any available mental and behavioral health records. If the review reveals that those responsible for the maltreatment have a history of violent behavior or sex offense(s), upon an adjudicatory hearing finding that the child was maltreated by such individual, the director or ICWT shall include in the predisposition report described in C.C. 7B-808 that those found to have maltreated the child shall submit to a comprehensive clinical behavioral health assessment by a licensed clinician.
(Ord. No. 524 , 7-17-2015)