Statutes | 10 GTBC ยง 114 | 2020
(a) Investigative Orders: Orders for Examination. The Court may, upon a clear showing that probable cause exists to determine that a child meets the definition of an abused or neglected child, order investigation and discovery, including but not limited to, taking of photographs, gathering physical evidence, and examinations or evaluations of a child, parent, guardian or custodian, conducted by a physician, dentist, psychologist, or psychiatrist. Such orders may be issued ex parte under exigent circumstances.
(b) Authority to Remove. If the Court finds probable cause to believe a child is dependent as defined herein, and that conditions or circumstances present a substantial risk of harm to the child&rsquos life, physical health or mental well-being, the Court may issue ex parte orders to remove the child from the condition or circumstances and place the child under the protective care and custody of the GTB. The Court shall include in such an order:
(1) An authorization to enter a specified premises for purposes of removing a child and to gather evidence
(2) To place the child in protective custody pending preliminary hearing and
(3) An affidavit in support of the existence of probable cause that a child within a specific location meets the definition of a dependent child.
(c) Emergency Removal Without a Court Order. A child may be taken into protective custody without a court order by a law enforcement officer or the Tribe&rsquos protective services worker(s) if reasonable cause exists that a child meets the definition of a Dependent child, and:
(1) Failure to remove the child may result in an immediate and substantial risk of death, serious injury, or serious emotional or developmental harm to the child or
(2) The parent, guardian or custodian is absent and the child will likely be deprived of the basic necessities of life, because no alternative arrangements for care and supervision have been made and removal is necessary to protect the child.
(d) Removal: If it is clear at the time of contact with the child or family members that the risk of harm to the child outweighs the potential that the conditions or circumstances which form the grounds for removal can be substantially mitigated or eliminated by immediate and voluntary remedial efforts, the child and all children residing within the same domicile or residence shall be removed.
History: Revised Children&rsquos Code, adopted by Tribal Council on January 13,1999 as amended by Tribal Council October 1, 1999 as amended by Tribal Act #05-23.1603 enacted by Tribal Council on March 29, 2006.