18 MAC Pt. 303, R. 3.3.4

Petition for emergency removal – A petition for a court order authorizing the

Year: 2026Length: 314 wordsOfficial source

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.