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  • § 7B-402. Elements of Petition

    Statutes | Cherokee Code Chapter 7B Article 4 § 7B-402

    (a) The petition shall contain the name, date of birth, address of the child, the name and last known address of each party as determined by C.C. § 7B-401.1, and allegations of facts sufficient to invoke jurisdiction over the child. The petition may contain information on more than one...

  • § 7B-401.1. Parties

    Statutes | Cherokee Code Chapter 7B Article 4 § 7B-401.1

    (a) Petitioner. Only the director of human services or the directors authorized representative may file a petition alleging that a child is maltreated under this chapter. The petitioner shall remain a party until the Court terminates its jurisdiction in the case. (b) Parents. The childs...

  • § 7B-400. Proceeding in Cherokee Court

    Statutes | Cherokee Code Chapter 7B Article 4 § 7B-400

    (a)    A petition alleging that a child residing on Tribal trust land has been maltreated shall be commenced in the Cherokee Court. The absence of a child from the childs home pursuant to a protection or safety plan during an investigative assessment or the provision of...

  • § 7B-306. Privileges not grounds for failing to report or for excluding evidence 

    Statutes | Cherokee Code Chapter 7B Article 3 § 7B-306

    (a) No privilege shall be grounds for any person or institution failing to report that a child may have been maltreated, even if the knowledge or suspicion is acquired in an official professional capacity, except when the knowledge or suspicion is gained by an attorney from that attorneys client...

  • § 7B-305. Immunity of persons reporting and cooperating in an investigative assessment

    Statutes | Cherokee Code Chapter 7B Article 3 § 7B-305

    Anyone who makes a report pursuant to this chapter, cooperates with the department of human services in a protective services investigative assessment, testifies in any judicial proceeding resulting from a protective services report, investigative assessment, or otherwise participates in a program...

  • § 7B-304. Authority of medical professionals in maltreatment cases

    Statutes | Cherokee Code Chapter 7B Article 3 § 7B-304

    (a) Any physician or administrator of a hospital, clinic, or other medical or behavioral health facility to which a suspected maltreated child is brought for medical diagnosis or treatment shall have the right, when authorized by a judge to retain physical custody of the child in the facility when...

  • § 7B-303. Interference with investigative assessments

    Statutes | Cherokee Code Chapter 7B Article 3 § 7B-303

    (a) If any person obstructs or interferes with an investigative assessment required by this article, the director may file a petition naming that person as respondent and request an order directing the respondent to cease the obstruction or interference. The petition shall be verified and shall...

  • § 7B-302.3. Access to confidential information

    Statutes | Cherokee Code Chapter 7B Article 3 § 7B-302.3

    (a) All information received by the department of human services, including the identity of the reporter, shall be held in strictest confidence by the department, except under the following circumstances: (1) Disclosing to another governmental entity in order to protect a child and carry out its...

  • § 7B-302.2. Substantiation of maltreatment

    Statutes | Cherokee Code Chapter 7B Article 3 § 7B-302.2

    (a) If the initial investigative assessment indicates that maltreatment has occurred, the ICWT shall decide whether immediate removal of the child or any other children in the home is necessary for their protection. The director is ultimately responsible for removal decisions in controversial cases...

  • § 7B-302.1. Investigative assessments for reports of abandonment and aggravated circumstances of child maltreatment

    Statutes | Cherokee Code Chapter 7B Article 3 § 7B-302.1

    (a) Where the form of child maltreatment reported is abandonment or constitutes an aggravated circumstance as defined in this chapter, the director shall immediately initiate an investigative assessments pursuant to C.C. section 7B-302 and shall take steps to secure an order for emergency custody...