Statutes | Menominee Tribal Code Part II Chapter 278 Article II ยง 278-32 | 2020
A.
The law enforcement officer taking a child into physical custody, as authorized by this article, shall immediately consult with the Department and, within 24 hours:
(1)
Release the child to the childs parent(s), guardian(s) or caretakers(s) when there is no immediate danger to the child and issue verbal counsel to ensure the childs safety or
(2)
Deliver the child to the Department or
(3)
Deliver the child to an appropriate relative placement or shelter care facility or
(4)
Deliver the child to a medical facility if the child is believed to be suffering from a serious physical or mental condition or illness which requires either prompt treatment or prompt diagnosis and
(5)
Notify the Department, in writing, in any of the above situations.
B.
The Department or law enforcement officer taking the child into custody shall give written notice thereof as soon as possible, and in no case later than 72 hours, to the childs parent(s), guardian(s) or caretaker(s) and to the Prosecutor, together with a statement providing the reason(s) for taking the child into custody.
C.
When a child is taken into custody and is not released to the childs parent(s), guardian(s) or caretaker(s):
(1)
The person taking the child into custody shall immediately attempt to notify the parent, guardian, or caretaker by the most practical means, together with a statement providing the reason for taking the child into custody.
(2)
The person taking the child into custody shall continue such attempt until the parent, guardian, or caretaker is notified, or the child is delivered to the Department under this section, whichever occurs first.
(3)
If the child is delivered to the Department, the Department worker or another person at their direction shall continue the attempt to notify until the parent(s), guardian(s), or caretaker(s) are notified.
(4)
If no parent(s), guardian(s) or caretaker(s) can be found the Department may give notice at the last known physical address or to an immediate relative of the parent(s), guardian(s) or caretaker(s).
D.
The Department shall review the need for continued custody after delivery of the child to relative placement or the facility and shall release the child from custody if appropriate. The Department shall determine whether the child can be released from custody with the provision of appropriate services to the family or under specified restrictions.
E.
Improper removal. If any party asserts or the Court has reason to believe that the child may have been improperly removed from the custody of his or her parent, or that the child has been improperly retained, the Court must determine whether there was improper removal or retention.
(1)
If the Court finds that the child was improperly removed or retained, the Court must terminate the custody proceedings and the child must be returned immediately to his or her parent or guardian or caretaker, unless returning the child would subject the child to substantial and immediate danger or threat of such danger.
(3)
Failure to act within these custody time lines does not deprive the Court of personal or subject matter jurisdiction or of competency to exercise that jurisdiction.