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A. A child who must be taken from the home but who does not require physical restriction shall be given temporary care in a shelter facility approved and designated by the Indian Child Welfare Department and shall not be placed in detention.

B. No child under the age of fourteen (14) years of age, and, except upon the order of the Court, no child fourteen (14) years or age or older and under sixteen (16) years of age, shall be detained in a jail, lockup or other place used for confinement of adult offenders or persons charged with a crime. An exception may be used by the Court only if no other suitable place of confinement is available.

C. A child fourteen (14) years of age or older shall be detained separately from adult offenders or persons charged with a crime, including any child ordered by the Court to be held for criminal proceedings.

D. The official in charge of a jail or other facility for the detention of adult offenders or persons charged with a crime shall inform the Court and Tribal Prosecutor immediately when a child who is or appears to be under the age of eighteen (18) is received at the facility, except for a child ordered by the Court to be held for criminal proceedings.