§ 2-106. Children taken into custody prior to filing of petition; protective custody.
A. A child may be taken into protective custody prior to the filing of a petition:
1. By a peace officer or officer of the Court, without a Court order, if the child’s surroundings are such as to endanger the welfare of the child;
2. By an order of the Court issued upon the application of the Tribal Prosecutor. The application presented by the Tribal Prosecutor may be supported by a sworn affidavit which may be based upon information and belief. The application shall state facts sufficient to demonstrate to the Court that there is reasonable suspicion to believe the child is in need of protection due to abandonment, abuse or neglect, or is in surroundings that are such as to endanger the welfare of the child. The application may be verbal, if verbal, a written application shall be submitted to the Court no later than the close of the next day that the Court is open for business; and
3. By order of the Court when the child is in need of medical treatment or mental health treatment in order to protect the child’s health or welfare and the child’s parent(s), legal guardian, custodian or other person responsible for the child’s health or welfare is unwilling or unavailable to consent to such medical or mental health treatment or other action pursuant to this Code.
B. Whenever a child is taken into protective custody:
2. Such child may be taken before the Judge of the Court for the purpose of obtaining an order for protective custody. The child may be placed in the custody of the Indian Child Welfare Department, if ordered by the Court, for placement in a relative’s home or in foster care if such placement is determined by the Indian Child Welfare Department to meet the needs of the child.
3. Such child may be taken directly to or retained in a health care facility for medical treatment, when it reasonably appears to the peace officer or officer of the Court that the child is in need of immediate treatment to preserve the child’s health or as otherwise directed by the Court.
4. Such child may be taken directly to or retained in a mental health facility for mental health care or an in-patient mental health evaluation or in-patient mental health treatment when it reasonably appears to the peace officer or officer of the Court that the child is in need of emergency mental health care to preserve the child’s health or as otherwise directed by the Court.
5. The Court shall be immediately notified, verbally or in writing, that the child has been taken into protective custody. If notification is verbal, written notification shall be sent to the Court no later than the close of the next day that the Court is open for business.
6. No child taken into protective custody pursuant to this section shall be confined in any jail, adult lockup or adult or juvenile detention facility. No child shall be transported or detained in a secure facility in association with delinquent, criminal, vicious or dissolute persons.