Detention and shelter care.

(a) A minor alleged to be a juvenile offender may be detained, pending a court hearing, in the following places: (1) A foster care facility approved by the tribe; (2) A detention home approved by the tribe; or (3) A private family home approved by the tribe. (b) A minor who is 16 years of age or older may be detained in a jail facility used for the detention of adults only if: (1) A facility in paragraph (a) of this section is not available or would not assure adequate supervision of the minor; (2) The minor is housed in a separate room from the detained adults; and (3) Routine inspection of the room where the minor is housed is conducted every 30 minutes to assure his or her safety and welfare.