Skip to main content
Loading…
This section is included in your selections.

A. The Indian Child Welfare Department shall notify the Court, the Tribal Prosecutor and the Guardian Ad Litem whenever a child in the custody of the Indian Child Welfare Department is moved from one location to another. Foster parents shall be notified by the Indian Child Welfare Department prior to movement of the child pursuant to the provisions of Chapter 4 of this Title.

B. The Indian Child Welfare Department shall inform the Court and attorney regarding the location of the child unless the movement was due to an emergency situation, in which case the notification required under this paragraph shall be within one business day after such movement. As used in this subsection “emergency situation” means a movement of the child requested by a person having actual physical custody of a child, if the request is made at a time when the business offices of the parties to be notified are closed, or if movement is for emergency medical treatment.

C. The Indian Child Welfare Department shall not move any deprived child from one placement to another if the child has already been moved once since the last Court hearing without first obtaining the approval of the Court following a hearing into the reasons and necessity for moving the child. However, the Indian Child Welfare Department may move the child due to an emergency, in which case a hearing shall be conducted concerning the reasons and necessity for moving the child, if requested in writing, within ten (10) days following the moving of the child. Court approval shall not be required for movement to or from a children’s shelter due to an emergency, including a placement failure, a placement disruption or similar cause.