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If a child who has been adjudicated as a deprived child and who has been placed in the custody of the Indian Child Welfare Department becomes unmanageable and uncontrollable while in the legal custody of the Indian Child Welfare Department, the Department may return the child to the Court for further disposition or may provide information to the Tribal Prosecutor and request the filing of a petition alleging the child to be delinquent, in need of supervision or in need of mental health treatment, if such petition is warranted by the facts in the case.