1. (1) If an individual or agency takes a child into protective custody, the individual or agency shall, at the commencement of the emergency proceeding, make a good faith effort to:

   1. (a) Determine whether the individual or agency has reason to know that the child is an Indian child pursuant to section 19-1.2-107 (3)(b); and
   2. (b) Contact by telephone, email, facsimile, or other means of immediate communication any tribe of which the child is or may be a member or eligible for membership to determine the child's tribal affiliation. Notification must include the basis for the child's removal; the time, date, and place of the initial hearing; and a statement that the tribe has the right to participate in the proceeding as a party or in an advisory capacity pursuant to section 19-1.2-113.

2. (2) An emergency removal or placement of an Indian child pursuant to this section terminates immediately when the removal or placement is no longer necessary to prevent imminent physical harm or danger to the Indian child. In such a removal or placement, the court shall:

   1. (a) Make a finding on the record that the emergency removal or placement is necessary to prevent imminent physical harm or danger to the Indian child;
   2. (b) Promptly hold a hearing on whether the emergency removal or placement continues to be necessary when new information indicates that the emergency situation has ended;
   3. (c) At any court hearing during the emergency proceeding, determine whether the emergency removal or placement is no longer necessary to prevent imminent physical harm or danger to the Indian child; and
   4. (d) Immediately terminate, or ensure that the individual or agency that took the child into protective custody immediately terminates, the emergency proceeding once the court or agency possesses sufficient evidence to determine that the emergency removal or placement is no longer necessary to prevent imminent physical harm or danger to the Indian child.

3. (3) A petition for a court order authorizing the emergency removal or continued emergency placement of an Indian child, and its accompanying documents, must contain a statement of the risk of imminent physical harm or danger to the Indian child and any evidence that the emergency removal or placement continues to be necessary to prevent the imminent physical harm or danger to the Indian child. The petition, and its accompanying documents, must also contain the following information:

   1. (a) The name, age, and last-known address of the Indian child;
   2. (b) The name and last-known address of the Indian child's parents or Indian custodian, if any;
   3. (c) The steps taken to provide notice to the Indian child's parents, custodian, and tribe about the emergency proceeding;
   4. (d) If the Indian child's parents or Indian custodian is unknown, a detailed explanation of what efforts have been made to locate and contact them, including contact with the appropriate federal bureau of Indian affairs regional director;
   5. (e) The residence and domicile of the Indian child;
   6. (f) If either the residence or domicile of the Indian child is believed to be on a reservation or in an Alaska Native village, the name of the tribe affiliated with that reservation or village;
   7. (g) The tribal affiliation of the Indian child and the child's parents or Indian custodian;
   8. (h) A specific and detailed account of the circumstances that led the individual or agency responsible for the emergency removal of the Indian child to take that action;
   9. (i) If the Indian child is believed to reside or be domiciled on a reservation where the tribe exercises exclusive jurisdiction over child custody matters, a statement of efforts made to contact the tribe and transfer the Indian child to the tribe's jurisdiction; and
   10. (j) A statement of the efforts that have been taken to assist the Indian child's parents or Indian custodian so that the Indian child may be safely returned to the custody of the parents or Indian custodian.

4. (4) An emergency removal regarding an Indian child must not be continued for more than thirty days, unless the court determines that restoring the Indian child to the parent or Indian custodian would subject the Indian child to imminent physical harm or danger, and:

   1. (a) The court has approved a motion to transfer the case to a tribal court but has not been able to transfer the proceeding to the jurisdiction of the appropriate Indian tribe; or
   2. (b) Despite diligent efforts, the court has been unable to hold a hearing based on the criteria set forth in section 19-1.2-123. In such a case, the court shall schedule the hearing within seven days after the determination made pursuant to this subsection (4).

Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1797, § 2, effective August 6.