(c) Any information regarding the source of the report of a youth in need of care will be kept
confidential.
6-3.04 Emergency Protective Care.
(a) Whenever a Tribal or Bureau of Indian Affairs Police Officer or Reservation social worker has
reasonable grounds to believe that a Spokane Indian child or an Indian child is in danger of
serious and imminent physical or emotional harm and that the removal of the child from the
child's home is necessary to avoid such harm, and if the Court is unavailable to issue a custody
order, or if the issuance of a custody order would involve a delay which would contribute to the
risk of harm to the child, the policy officer or social worker may take the child into Emergency
Protective care.
(b) Upon the removal of a Spokane Indian child or an Indian child into protective care, the Tribal or
Bureau of Indian Affairs police officer or social worker shall:
(1) Immediately notify the child's parents or custodian of such removal, and the reasons
therefore. If attempts to notify the child's parents or custodian are unsuccessful, then the
child's nearest relatives shall be notified.
(2) The police shall notify the Reservation social worker of the removal or if the social worker is
unavailable, the Chairperson of the Indian Child Welfare Advisory Committee.
(3) If the return of the child to the child's parents or custodian is impossible or would involve
continued risk to the child, then the child shall be placed in foster care, or a shelter care
facility. A child shall not be placed in a jail facility unless such a placement is determined, by
a Tribal Youth Court Judge, to be necessary for the best interests of the child.
(4) Upon the placement of a child, the Tribal police officer or social worker shall make and
deliver a report to the Tribal Youth Court and the Indian Child Welfare Advisory Committee
Chairperson containing a summary of the circumstances surrounding the Emergency
Protective Care.
6-3.05 Termination of Protective Care.
(a) In no case shall emergency temporary care extend beyond 36 hours, exclusive of weekends and
holidays.
(b) Prior to the expiration of this period, the Reservation social worker shall:
(1) Cause the child to be returned to the child's parents or custodian; or
(2) Have the child brought before a Tribal Youth Court Judge for an emergency hearing to
determine further placement of the child.
6-3.06 Emergency Hearing. In the case of an emergency hearing, the Reservation social worker shall make
every reasonable effort to notify the child's parents or custodian of the time and place of the hearing, and
inform the parents or custodian of their right to attend the hearing and be heard.
(a) Notice hereunder shall be provided by personal service unless otherwise provided for by a Court
Order.
(b) If notice of such hearing was not received by the child's parent or custodian, the parent or
custodian can request a new hearing, such hearing to take place as soon as possible, but no
later than 5 days after its request.
(c) If the Court continues the emergency, temporary care pursuant to an emergency hearing, the
Reservation social worker, or their appointee, shall file a petition as provided below and there
shall be an "initial" hearing within 14 days of such emergency order.
(d) This matter will then proceed as a case initiated hereunder by virtue of a petition.
6-3.07 Initiation of Proceedings - Petition.
(a) All Court proceedings under this part shall be initiated by a petition filed with the Tribal Youth
Court.
(b) The petitions shall contain the following information:
(1) Identification of the youth. The name, age, sex, and residence of the youth so far as is
known to the petitioner.
(2) Identification of parent, guardian, or custodian.
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Revised Spokane Law & Order Code, 5/14/2013