When does a state emergency removal or placement involving a resident or domiciled reservation Indian child terminate?
Pursuant to 1922, the emergency removal terminates immediately when such removal or placement is no longer necessary to prevent imminent physical damage or harm to the child or as soon as the tribe exercises jurisdiction over the case, whichever is earlier. Imminent physical danger to the child is a narrower standard than the ICWA standard for foster care placement. In re Charles, 810 P.2d 393 (Or. Ct. App. 1991). Emergency removals or placements are to be as short as possible. Section 1922 mandates the state authority, official or agency to either initiate a child custody proceeding subject to the provisions of the ICWA, transfer the child to the jurisdiction of the appropriate Indian tribe, or restore the child to the parent or Indian custodian, as may be appropriate. Practice Tip: If it is confirmed that the child is subject to exclusive tribal jurisdiction, then the tribal court is the only court of competent jurisdiction.
Related Questions
- Can a state court exercise emergency removal jurisdiction over an Indian child who is domiciled on or resident of a reservation, while the child is on the reservation?
- When does a state emergency removal or placement involving a resident or domiciled reservation Indian child terminate?
- Is expert witness testimony required in an emergency removal of an Indian child?
