18 MAC Pt. 303, R. 3.3.4
Petition for emergency removal – A petition for a court order authorizing the
Cite as 18 Miss. Admin. Code Pt. 303, R. 3.3.4
Petition for emergency removal – A petition for a court order authorizing the
emergency removal or continued emergency placement, or its accompanying
documents, should contain a statement of the risk of imminent physical damage or
harm to the Indian child and any evidence that the emergency removal or placement
continues to be necessary to prevent such imminent physical damage or harm to the
child. The petition or its accompanying documents should also contain the following
information:
1. The name, age, and last known address of the Indian Child;
2. The name and address of the child’s parents and Indian custodians, if any;
3. The steps taken to provide notice to the child’s parents, custodians, and Tribe
about the emergency proceeding;
4. If the child’s parents and Indian custodians are unknown, a detailed
explanation of what efforts have been made to locate and contact them,
including contact with the appropriate BIA Regional Director (see
www.bia.gov);
5. The residence and the domicile of the Indian Child;
6. If either the residence or the 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. The Tribal affiliation of the child and of the parents or Indian custodians;
8. A specific and detailed account of the circumstances that led the agency
responsible for the emergency removal of the child to take that action;
9. If the 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 that have been made and are being made to contact the Tribe and
transfer the child to the Tribe’s jurisdiction; and a statement of the efforts
that have been taken to assist the parents or Indian custodians so the Indian
Child may safely be returned to their custody.