Statutes | Kalispel Tribe Law and Order Code Chapter 7 § 7-20 § 7-20.10 | 2020

Upon receipt of a report that a youth is in need of care, law enforcement shall take the following action:

(1) Law enforcement shall immediately investigate the report. Law enforcement shall notify the Indian Child Welfare Worker of all reports received. If the Indian Child Welfare Worker is not available, C.P.S. shall be notified. Based on the investigation, a detailed written report shall be completed by law enforcement. A copy of such report shall be delivered to the Indian Child Welfare Worker and C.P.S. within three (3) working days of the date the report was received.

(2) If law enforcement reasonably believes the youth is in immediate and serious danger from his or her surroundings and removal is necessary for the youths safety or well-being, the officer may take the youth into custody provided, that if there is sufficient time and a judge or judicial officer is available, law enforcement shall first request an emergency custody order.
(3) If law enforcement takes a youth into custody without first obtaining an emergency custody order, he or she shall:

     (A) Release the youth to the youths parent(s), guardian or custodian and issue verbal counsel or warning as may be appropriate or

     (B) Immediately notify the Indian Child Welfare Worker and the Indian Child Welfare Advisory Committee and request direction as to whether the youth should be placed out-of-home and if so where or

     (C) If the Indian Child Welfare Worker and the Indian Child Welfare Advisory Committee cannot be reached, the officer may place the youth out-of-home, but shall continue attempts to notify the Indian Child Welfare Worker. Placement of the youth shall be in a facility approved by a member of the Social Services Staff or the Indian Child Welfare Advisory Committee for emergency outof-home placement in that particular case. A list of persons to contact in emergency placements may be set by the Social Services Staff and the Indian Child Welfare Advisory Committee and provided to law enforcement.

     (D) If the youth if not released, immediate and continuing efforts shall be made by both law enforcement and the Indian Child Welfare Worker to notify the youths parent(s), guardian or custodian as to the circumstances surrounding the youths custody.