Chapter 6 : Section 02

Removal and Temporary Custody of an Indian Child

Procedures

Considering Emergency Intervention

Assess the health and safety of each child in the home.

If any child is in present danger or impending danger of severe physical damage or harm, work with the family and tribe to identify and implement any emergency interventions that can ensure the child’s safety.

To determine what kind of intervention is most appropriate consider all alternatives. See Present Danger Assessment and Planning and Safety Planning, as applicable.

When present danger or impending danger is identified or the Department is considering removal, the DCS Specialist will request a Safety Team Decision Making (TDM) meeting following procedures in Team Decision Making. The DCS Specialist will invite the family and the tribe to participate in the Safety TDM.

Removal and Temporary Custody

If no voluntary emergency intervention or in-home safety plan can ensure the Indian child’s safety, the Department shall take temporary custody of the child to provide emergency out-of-home care, following the ICWA placement preferences, if possible. See Temporary Custody.

An Indian child who is a resident or domiciled on an Indian reservation and taken into temporary custody because the child is suffering or will imminently suffer abuse or neglect (imminent physical damage or harm) must be returned to a parent or custodian, or transferred to the jurisdiction of the Indian child’s tribe, as soon as the child is no longer in present or impending danger of severe physical damage or harm.

If the Indian child is not a resident or domiciled on an Indian reservation and is taken into temporary custody because the child is suffering or will imminently suffer severe physical damage or harm, the child must be returned to a parent or custodian within 72 hours, excluding weekends and holidays, unless a dependency petition is filed or a voluntary foster care agreement is executed before a judge.

An Indian child who is taken into temporary custody for medical or psychological diagnosis must be returned within 12 hours, excluding weekends and holidays, unless the examination reveals abuse or neglect.

If the child is a member of or eligible for membership in the Navajo Nation, comply with the requirements of the DCS/Navajo Intergovernmental Agreement (including notifying the Nation within 48 hours [excluding weekends and holidays] of any removal or petition by calling the Navajo Children and Family Services ICWA Office at 928-871-6806).

If the child is a member of or eligible for membership in the Pascua Yaqui Nation, comply with the requirements of the DCS/Pascua Yaqui Memorandum of Understanding (including notifying the Pascua Yaqui Tribe within 48 hours [excluding weekends and holidays] of any removal or petition by emailing ICWA@pascuayaqui-nsn.gov).

Placing the child with a Relative (Kin)

If a relative or kin is identified, follow procedures in Kinship Care.

Prior to placing with a relative or kin, notify the tribe of the potential caregiver. If the relative or kin lives on the reservation, the tribe can provide prior tribal child protective services or criminal reports that may be a factor in considering the caregiver.

Make efforts to place siblings together. If this is not possible, arrange for regular sibling contact.

Exploring if the Tribe will take custodial responsibility for the child

When a Temporary Custody Notice (TCN) has been served, work with the child's or parent's tribe to determine if the tribe may accept responsibility for the child(ren).

Contact the Indian child's tribe, inform the tribe of the child’s removal, the Team Decision Making process, and that a dependency petition may be filed in state court concerning a child that may be a member or eligible for membership.

Ask the tribe’s designated social service and/or ICWA representative if the tribe can assume custodial responsibility for the child within 72 hours. If so, obtain the following:

• If available, obtain the parent’s, guardian’s, caretaker’s or Indian custodian’s agreement with the child’s transfer to the tribe (if the parent objects to transfer to the tribe, contact the Attorney General’s office).

• Obtain the date, time, and name of the tribal representative who will take physical custody of the child.

Provide the following information to the tribe:

• why temporary custody is necessary (e.g. what factors put the child at risk of present or impending danger of severe physical damage or harm and any active efforts to prevent the need for removal);

• recommendations concerning continued custody of the child;

• identifying information about the child and parent;

• any other available information the tribe may request;

• a copy of the TCN ; and

• any other available information the tribe may request.

If the tribe does not assume responsibility for the child within 72 hours and the child will need to remain out of the home, follow procedures in Voluntary Placement of an Indian Child or Out of Home Dependency.

Prior to filing a dependency petition, inform the Assistant Attorney General if there is reason to know the child is an Indian child and subject to the requirements of the ICWA.

If a dependency petition is filed, tribal officials may notify the Arizona Juvenile Court at any time of the tribe’s intention to intervene as a party and/or request transfer of jurisdiction of the case. Request dismissal of the dependency petition if the Arizona Juvenile Court transfers jurisdiction of the case to the tribe.

Assist the Indian child’s tribe to determine the tribe’s ability to assume custodial care, offer services, or placement assistance for the child by providing the following information:

• information about any relative or other significant person who is willing and able to care for the child, at least on a short-term basis;

• any special needs the Indian child may have;

• resources needed to meet the needs of the child;

• legal status of the child, alternatives to filing a dependency petition and time frame for filing a dependency petition; and

• services available to the parents.

Coordinate with tribal social services and/or an ICWA representative regarding transfer of the case. Provide protective services to the child until responsibility for the case is resolved

Voluntary Placement

If the parent, guardian or Indian custodian agrees to place the child in a voluntary placement, consult with the Office of the Attorney General and follow the procedures described in Voluntary Placement of an Indian Child, regarding written consent for a voluntary placement and placement preferences.

Documentation

In Notes, document all contact with child’s parents, Indian custodian and tribal social services. File copies of all written correspondences in the hard copy case record.

Document the need for a Present Danger Plan or Safety Plan and specific intervention taken in Guardian.

In Notes, document:

• efforts to prevent removal and alternatives to out-of-home care that were discussed with the parent, guardian or Indian custodian;

• recommendations concerning continued custody of the child; and

• dates and results of any medical or psychological examinations of the child.

Document child, parent and grandparent information and affiliated tribal information using the Native American Indian Detail tab. Ensure the Potential ICWA box is selected.

Document the living arrangement under Person Detail.

Document whether the living arrangement is an ICWA compliant placement and whether the Nation is in agreement with the living arrangement in Notes.

In Notes, document the reasons why siblings are placed in separate living arrangements and the efforts to maintain sibling contact.

Follow all other documentation instructions outlined in Temporary Custody.

Effective Date: March 6, 2024

Revision History: November 30, 2012, December 13, 2016, February 1, 2021