Indian Child – Xxxx of Tribal Court Sample Clauses

Indian Child – Xxxx of Tribal Court. In general, if an Indian child is a xxxx of the tribal court DSHS or the superior court may not exercise any authority to place the child in xxxxxx care, unless authorized to do so under the laws of the Tribe. However, if an Indian child, who is a xxxx of the tribal court, is located off the reservation, DSHS may take steps to obtain a superior court order authorizing an emergency placement of the child in xxxxxx care in order to prevent imminent physical damage or harm to the child, including sexual abuse. Following placement, DSHS will undertake “reasonable efforts” to make it possible to return the child to its home and shall take necessary steps to insure that the emergency xxxxxx care placement of the child terminates immediately when such placement is no longer necessary to prevent imminent physical damage or harm to the child, including sexual abuse. Upon termination of the placement, the child shall immediately be returned to his/her parent(s) or Indian custodian(s). Whenever an Indian child is placed in emergency xxxxxx care, DSHS will seek tribal court approval of such placement at the earliest possible time, but in no event shall an emergency xxxxxx care placement extend for a period longer than 72 hours, excluding Saturdays, Sundays and holidays, without an order of the tribal court approving such placement, or if the tribal court is unable to issue an order within the 72 hour period, a superior court order approving such placement. DSHS will immediately seek dismissal of the superior court proceeding as soon as the tribal court exercises jurisdiction over the child.
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