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A. If the evidence in an action for a divorce, for alimony without a divorce, for an annulment, for custody of a child or for the appointment of a guardian of the person of a child, for habeas corpus in subsequent proceedings in such actions, indicates that a child is deprived, the Court shall notify the Indian Child Welfare Department that the child may be a victim of abuse or neglect. The Indian Child Welfare Department shall conduct a preliminary inquiry or investigation concerning such report. The Indian Child Welfare Department shall submit all findings regarding the preliminary inquiry to the Tribal Prosecutor and send a copy of its findings to the Court within thirty (30) days of such notice and notify parties to the proceeding of the submission of the report to the Court. The Tribal Prosecutor shall advise the Court within three days of receipt of said findings whether a deprived petition will be filed. If no deprived petition is filed the Court may take appropriate action regarding the custody of the child or children or appointment of a guardian for the child or children.

B. Nothing in this section shall preclude the Court from entering an order to have the child or children taken into protective custody if evidence presented to the Court indicates a child is in surroundings that are such as to endanger the welfare of the child. If a child is taken into protective custody by such an order, the provisions of Section 2-106 of this Title apply.