A. Except as provided in subsection (B) of this section, a child shall not be detained by law enforcement officials or the Indian Child Welfare Department any longer than is reasonably necessary to obtain name, age, residence and other necessary information and to contact parents, guardians or custodians.

B. The child shall be released to the care of the parents or other responsible adult unless his or her immediate welfare or the protection of the community requires that the child be detained. The parent(s) or other person(s) to whom the child is released may be required to sign a written promise to bring the child to the Court at a time set or to be set by the Court.

C. If the child is not released as provided in subsection (A) of this section, the child shall be taken directly to the Court or to the place of detention or shelter approved by the Department and designated by the Court without unnecessary delay unless admitted to a facility for medical treatment pursuant to this chapter.

D. No child shall be detained pursuant to subsection (B) for a period exceeding ninety-six (96) hours without an order of the Court. If no Court order is issued within such time, the child must be released.

E. Notwithstanding the provisions of subsection (D) of this section, a child who is alleged to be a runaway from another tribal jurisdiction or a state may be held in a detention facility or jail up to seven days during which time arrangements shall be made for returning the child to his or her parent, guardian or custodian.