Statutes | Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians Tribal Code Title 4 Chapter 4-2 ยง 4-2-17 | 2019
(a) Limitation on Taking Into Custody
No child who is alleged to be a child in need of supervision may be taken into custody unless such taking into custody is in accordance with provision for "interim care set forth in this section.
(b) Interim Care Without Court Order
A child may be taken into interim care by a law enforcement officer without order of the court only when:
(1) the officer has reasonable grounds to believe that the child is in circumstances which constitute a substantial danger to the childs physical safety or
(2) an agency legally charged with the supervision of the child has notified a law enforcement agency that the child has run away from a placement ordered by the Court under chapter 4-2-20 of this Code.
(c) Procedure for Interim Care
A law enforcement official taking a child into custody under the interim care provisions of this Code shall immediately:
(1) inform the child of the reasons for the custody
(2) contact the juvenile counselor who shall designate placement of the child in an appropriate juvenile shelter care facility as designated by the court
(3) take the child to the placement specified by the juvenile counselor, or in the event of the unavailability of a juvenile counselor, to an appropriate juvenile shelter care facility as designated by the court and,
(4) inform the childs family in accordance with section 4-2-17(d) of this Code.
(d) Notification of Family
The law enforcement officer or the juvenile counselor shall immediately notify the childs parent, guardian or custodian of the childs whereabouts, the reasons for taking the child into custody, and the name and telephone number of the juvenile counselor who has been contacted. Efforts to notify the childs parent, guardian or custodian shall include telephone and personal contacts at the home or place of employment or other locations where the person is known to frequent with regularity. If notification cannot be provided to the childs parent, guardian or custodian, the notice shall be given to a member of the extended family of the parent, guardian or custodian and to the childs extended family.
(e) Time Limitation on Interim Care
Under no circumstances shall any child taken into interim care under section 4-2-17(b) of this Code be held involuntarily for more than forty-eight (48) hours.
(f) Restrictions on Placement
A child taken into interim care shall not be placed in a jail or other facility intended or used for the incarceration of adults charged or convicted of criminal offenses. If a child taken into interim care is placed in a facility used for the detention of "juvenile offenders" or alleged "juvenile offenders," he must be detained in a room separate from the "juvenile offenders" or alleged "juvenile offenders."
(g) Restriction on Transportation
A child taken into interim care shall not be placed or transported in any police or other vehicle which at the same time contains an adult under arrest, unless this section cannot be complied with due to circumstances in which any delay in transporting the child to an appropriate juvenile shelter care facility would be likely to result in substantial danger to the childs physical safety. Said circumstances shall be described in writing to the supervisor of the driver of the vehicle within forty-eight (48) hours after any transportation of a child with an adult under arrest.
(h) Voluntary Services
The juvenile counselor shall offer and encourage the child and the childs family, guardian or custodian to voluntarily accept social services.
(i) Voluntary Return Home
If a child has been taken into interim care under the provisions of section 4-2-17(b) of this Code and the childs parent, guardian or custodian agree to the childs return home, the child shall be returned home as soon as practicable by the childs parent, guardian or custodian or as arranged by the juvenile counselor.
(j) Shelter and Family Services Needs Assessment
If the child refuses to return home and if no other living arrangements agreeable to the child and to the childs parent, guardian or custodian agree to the childs return home, the child shall be returned home as soon as practicable by the childs parent, guardian or custodian. The juvenile counselor also shall refer the child and his family to an appropriate social services agency for a family services needs assessment.