A. If the child who is taken into protective custody due to the need of immediate emergency medical treatment or mental health care to protect the child’s health or welfare, the Court may issue an emergency ex parte order upon the application of the Tribal Prosecutor. The application for an emergency ex parte order may be verbal or in writing and shall be supported by facts sufficient to demonstrate to the Court that there is reasonable cause to believe that the child is in need of emergency treatment or care to protect the child’s health or welfare.

B. The emergency ex parte order shall be in effect until a full hearing is conducted. A copy of the application, notice for full hearing and a copy of any emergency ex parte order issued by the Court shall be served upon such parent, guardian or person having custody or control of the child. Within twenty-four (24) hours of the filing of the application, the Court shall hold a full hearing on the application, regardless of whether an emergency ex parte order had been issued or denied.