A. If, at any time after the petition of abuse is filed, 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 local law enforcement agency and/or the local protective services 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 for their safety until the local law enforcement agency or the local protective services agency arrives at the home. If the temporary removal of the protected individual from the home is completed by the head of the Tribe’s Peace Officers, the head of the Tribe’s Peace Officers shall notify the Director of the Department of Social Services, so that the Director of the Department of Social Services may coordinate with the local protective services agency and complete the filing requirements of subsection (C) of this section.

C. If a protected individual is removed from a home 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 applicable petition of abuse 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 hold an emergency hearing to address the emergency situation, which may include the temporary removal and placement of the protected individual in accordance with the Guardianship Act of 2023.

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