Statutes | Crow Tribe of Montana Law and Order Code Title 9 Part 3 ยง 9-3-105 | 2018
(1) Authorization and duties of Tribal Police and Tribal Social Services. Whenever a Tribal police officer or Tribal Social Services worker has reasonable grounds to believe that a child is in danger of serious and imminent physical or emotional harm and that. the removal of the child from the childs home residence is necessary to avoid harm, and if the Court is unavailable to issue a custody order, or if the issuance of a custody order would involve a delay that would contribute to the risk of harm to the child, the police officer or Social Services worker may take the child into temporary protective care.
(2) Procedure Upon Removal of a Child. Upon the removal of a child into emergency protective care, the Tribal police officer or Social Services worker shall:
(a) Immediately notify the childs parents or custodian of such removal, and the reasons therefor. If attempts to so notify the childs parents or custodian are unsuccessful, then best efforts shall immediately be made to notify the childs nearest relatives.
(b) Immediately notify the Director of Social Services, or the Social Services personnel designated to take such notice, of such removal.
(c) If return of physical custody of the child can be accomplished without danger of harm to the child, the child shall be returned to the parents or custodian.
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(d) If the return of the child to the childs parents or custodian is impossible or would involve continued risk of such harm to the child, then the child shall be placed in the physical custody of a responsible adult member of the childs extended family if such a person is available and if placement can be accomplished without risk of harm to the child. In order to protect the privacy of the parents or custodian, the Tribal police officer or Tribal social worker shall contact the childs relatives only to the extent necessary to investigate the case and determine whether appropriate placement can be made within the extended family.
(e) If temporary protective care as set forth above is not available, then the child shall be placed with a secure home, family, or
shelter care facility having been approved for such placement by Tribal Social Services. A child shall not be placed in a jail facility or other environment where the child is in contact with persons in such a facility for the reason of having been accused or convicted of a crime or delinquent act, unless such a placement is determined, by a Tribal Court Judge, to be necessary for the benefit of the child or to insure the childs continued presence in the area.
(f) Upon the placement of the child, the Tribal police officer or Social Services worker shall make and deliver a report to the Director of Tribal Social Services containing a summary of the circumstances surrounding the temporary protective care and the basis therefor.