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A. If, at any time during the guardianship case or after the appointment of a guardian, an emergency situation arises that makes the home unsafe or not in the best interest of the protected individual, the Department of Social Services shall immediately contact the applicable local agency to investigate and handle the emergency situation.

B. The Director of the Department of Social Services, or the appropriate head of the Tribe’s Peace Officers, may temporarily remove the protected individual from the home or from the control of the guardian or any interested parties for the protected individual’s safety until the applicable local agency arrives.

C. If a protected individual is removed from a home or from the control of a guardian or any interested parties pursuant to this section, the Director of the Department of Social Services shall file documentation of the removal from the home with the Tribal Court, or coordinate with the person or organization that filed the guardianship petition to accomplish the filing of the appropriate documentation.

D. Within five (5) calendar days of any filing made pursuant to this section, the Tribal Court shall appoint a temporary guardian or hold an emergency hearing to address the emergency situation, which may include the appointment of a temporary guardian.

E. The appointment of a temporary guardian pursuant to this section shall not exceed fourteen (14) calendar days, unless extended by the Tribal Court.

F. Any out-of-home placement of a child pursuant to this section shall be made in accordance with:

1. The Department of Social Services Act of 2023, and the Department of Social Services’ internal policies and procedures; or

2. If the Department of Social Services Act of 2023 and the Department of Social Services are not in existence, then the Department of Indian Child Welfare Establishment and Organization Act of 2013, and the Department of Indian Child Welfare’s internal policies and procedures. (Res. 2023-60)