Lac Courte Oreilles Law Library
Lac Courte Oreilles Tribal Code of Law.

DMR.1.4.030 Holding a Child in Emergency Custody

(a) A child may be held in emergency custody if the Child Welfare Director or Assistant Child Welfare Director has probable cause to believe that any of the conditions enumerated in Section DMR.1.4.010(a) of this ordinance exists.

(b) No child shall be held in secure custody, as defined in Section DMR.1.2.010(x) of this ordinance, unless the child consents to secure custody in order to protect him or her from an imminent physical threat from another, or such secure custody is ordered by the Children's Court.

(c) A child may be held in emergency custody in any of the following places:

(1) The home of a parent or guardian.

(2) The home of a relative.

(3) The home of a custodian.

(4) The home of another responsible adult.

(5) A licensed foster home provided the placement does not violate the terms of the license.

(6) A licensed group home provided the placement does not violate the terms of the license.

(7) A nonsecure facility operated by a child welfare agency.

(8) A hospital or physician's office.

(9) A drug or alcohol treatment facility.

(d) The Child Welfare Director or Assistant Child Welfare Director shall immediately notify the child's parent, guardian, or custodian that the child is in custody, the reasons for the custody, and the location of the child unless there is reason to believe that such information will present imminent danger to the child.