DMR.1.4.010 Taking a Child into Emergency Custody

(a) Any law enforcement officer, the Child Welfare Director, Assistant Child Welfare Director, or a designated child welfare worker may take a child into emergency custody without a Children's Court order, under circumstances in which the officer, Director, or Assistant Director reasonably believes:

(1) Failure to remove the Child may result in a substantial risk of death, serious injury, or serious emotional harm;

(2) The child, or another child living or staying in the same household, is the victim of or in immediate danger of physical, sexual, or emotional harm by other than accidental means.

(3) The child, or another child living or staying in the same household, is deprived of necessary custodial, medical, or other care for reasons other than poverty.

(4) The child is suffering from illness or injury or is in immediate danger from his or her surroundings and removal from these surroundings is necessary.

(5) The child will cause injury or harm to self or another, or to the property of another, or will be or has been subject to injury or harm by another, or another child living or staying in the same household will be or has been subject to injury or harm by another.

(6) The child is without a parent or guardian.

(7) The child is receiving inadequate care during the period of time a parent is missing, incarcerated, hospitalized, or institutionalized.

(8) The child has been abandoned by identified or unidentified parents, without provision for necessary custodial, medical, and other care.

(9) The child's parent, guardian, or custodian, is unavailable, unwilling, or unable to provide necessary supervision or care such that the child's safety or well-being, or the safety or well-being of another child living or staying in the same household is at imminent risk.

(10) The parent, guardian, or custodian is absent and it appears from the circumstances, that the Child is unable to provide for his/her own basic necessities of life, and no satisfactory arrangements have been made by the parent, guardian, or custodian to provide for such necessities and no alternative arrangements, except removal are available to protect the Child.

(11) The child's parent, court-appointed guardian, or custodian signs a statement alleging that he or she is unable to provide necessary custodial care or make appropriate provision for the child's special custodial, medical or other specified needs after consultation with the Child Welfare Director or the Assistant Child Welfare Director.

(12) The child has habitually run away from his or her parents, guardians, or custodians.

(13) The child is habitually truant from home.

(14) The child will run away or be taken away so as to be unavailable for further Children's Court proceedings.

(15) The child is under twelve (12) years of age and has violated tribal, state, or federal law.

(16) The child has engaged in conduct prohibited to minors, or which would be criminal if done by an adult, and whose parent or guardian fails, or has failed, or is unable to correct or regulate such conduct.

(17) The child is suffering from alcohol or other drug abuse, for which the parent is unwilling or unable to provide appropriate treatment.

(18) The child is sixty (60) days old or younger and has been treated for, or diagnosed with, Neonatal Abstinence Syndrome by a doctor who is competent to treat or diagnose that condition, or samples of blood, urine or meconium of the child or the mother obtained during pregnancy or shortly after birth indicate the presence of addictive illicit drugs or non-prescribed addictive prescription drugs after analysis using current standards for drug screens.

(19) Emergency custody of the child would be permitted under the law of the state where the child is physically found at the time of the institution of emergency custody procedures.

(b) A person who takes a child into emergency custody without a Children's Court order, under the circumstances described in Section DMR.1.4.010(a) of this ordinance, shall make reasonable efforts to provide immediate notice to the Children's Court which may be accomplished through submission of an emergency custody form, and/or provide immediate notice to the Child's Tribe if different from the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. Upon notification, the Children's Court shall schedule a hearing pursuant to Section DMR.1.4.040 of this ordinance, and the Child Welfare Director or Assistant Child Welfare Director shall file a petition with the Children's Court pursuant to Subchapter 1.5 of this ordinance before or at the hearing scheduled pursuant to Section DMR.1.4.040 of this ordinance.

(c) Any person taking a child into emergency custody under this section shall immediately attempt to notify the parent, guardian or custodian by the most practical means which may be accomplished through delivery of an emergency custody form, and shall continue to reasonably make such attempts until notification is made. Any law enforcement officer acting under this section shall also immediately attempt to notify the Child Welfare Director or Assistant Child Welfare Director. If the child is physically transferred to the Child Welfare Director or Assistant Child Welfare Director, the Director or the Assistant Director shall thereafter continue notification attempts until notification is made. The person notifying the parent, guardian, or custodian, need not inform such person of the location of the child if the notifying person reasonably believes that providing such information will imminently endanger the child.

(d) If the person taking a child into emergency custody, or the Child Welfare Director or Assistant Child Welfare Director, believes the child to be in need of prompt medical diagnosis or treatment that person or a designee shall deliver the child to a hospital or physician, for that purpose, and may consent to the medical care of the child.

(e) The agency taking a child into emergency custody shall thereafter have the authority to make all decisions regarding the care and well-being of the child until the child is released from custody under Section DMR.1.4.020 of this ordinance, or by order of the court, unless custody is transferred to the Child Welfare Director or Assistant Child Welfare Director, in which case such authority shall transfer therewith. The agency taking a child into custody or the Child Welfare Director or Assistant Child Welfare Director retains custody during any placement made under Section DMR.1.4.030Section DMR.1.4.030(b) or Section DMR.1.4.030(c) of this ordinance.