Statutes | 4 HCC § 3 Chapter IV § 15 | 2020
a. Authority. If the assigned social worker investigating a report of child abuse or neglect finds that the grounds for removal, listed in paragraph b, below, have been met, such person may remove the child from the home in which the child is residing and place the child in a temporary receiving home or other appropriate placement.
b. Grounds. No child shall be removed from the home of a child&rsquos parent(s), guardian(s), or custodian(s) without the consent of the parent(s), guardian(s), or custodian(s) absent a specific order of the Court, except as follows:
(1) When failure to remove the child may result in a substantial risk of death, permanent injury, or serious emotional harm, etc.
(2) When the parent(s), guardian(s), or custodian(s) is absent and it appears from the circumstances that the child is unable to provide for his own basic necessities of life, and that no satisfactory arrangements have been made by the parent(s), guardian(s), or custodian(s) to provide such necessities.
c. Power to Remove. CFS social workers employed by the Hocak Nation shall have the power to remove a child pursuant to this Section provided that:
(1) Reasonable grounds existed at the time of the removal to believe the removal was necessary
(2) The person removing the child ensures the safety and well-being of the child, until such time as the Court assumes control of the matter and
(3) The person removing the child complies with the notice provisions contained in paragraph d, below.
d. Notice to the Parent(s), Guardian(s), or Custodian(s). An Order issued by the Court shall articulate good cause for removal. The Court shall make all reasonable efforts to notify the parent(s), guardian(s), or custodian(s) within twelve (12) hours of the Court knowing that the child was removed. Reasonable efforts shall include personal, telephone, and written contacts at their residence, place of employment, or other locations where the parent(s), guardian(s), or custodian(s) are known to frequent with regularity. If the parent(s), guardian(s), or custodian(s) cannot be found, notice shall be given to members of the traditional family of the child.