Rule 5.484.Emergency proceedings involving an Indian child

Division 2. Rules Applicable in Family and Juvenile Proceedings · Chapter 2. Indian Child Welfare Act · Adopted 2020 · no amendments on record · Last verified September 10, 2026

In one sentenceRule 5.484 limits emergency removal of an Indian child to preventing imminent physical damage or harm, lists what the petition must contain, and caps the emergency at 30 days.

Full Text of Rule 5.484

Text sizeJump to: (a) (b) (c)

(a) Standards for removal

Whenever it is known or there is reason to know the case involves an Indian child, the court may not order an emergency removal or placement of the child without a finding that the removal or placement is necessary to prevent imminent physical damage or harm to the child. The petition requesting emergency removal or continued emergency placement of the child or its accompanying documents must contain the following:

(1) A statement of the risk of imminent physical damage or harm to the 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;

(2) The name, age, and last known address of the Indian child;

(3) The name and address of the child’s parents and Indian custodian, if any;

(4) The steps taken to provide notice to the child’s parents, Indian custodian, and tribe about the emergency proceeding;

(5) If the child’s parents and Indian custodian are unknown, a detailed explanation of what efforts have been made to locate and contact them;

(6) The residence and the domicile of the Indian child;

(7) 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;

(8) The tribal affiliation of the child and of the parents or Indian custodian;

(9) A specific and detailed account of the circumstances that led to the emergency removal of the child;

(10) 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

(11) A statement of the efforts that have been taken to assist the parents or Indian custodian so the Indian child may safely be returned to their custody.

(b) Return of Indian child when emergency situation has ended

(1) Whenever it is known or there is reason to know the child is an Indian child and there has been an emergency removal of the child from parental custody, any party who asserts that there is new information indicating that the emergency situation has ended may request an ex parte hearing by filing a request on Request for Ex Parte Hearing to Return Physical Custody of an Indian Child (form ICWA-070) to determine whether the emergency situation has ended.

(2) If the request provides evidence of new information establishing that the emergency placement is no longer necessary, the court must promptly schedule a hearing. At the hearing the court must consider whether the child’s removal and placement is still necessary to prevent imminent physical damage or harm to the child. If the court determines that the child’s emergency removal or placement is no longer necessary to prevent imminent physical damage or harm to the child, the court must order the child returned to the physical custody of the parents or Indian custodian.

(3) In accordance with rules 3.10 and 3.20, this procedure is governed by the provisions of division 6, chapter 3 and division 11, chapter 4 of title 3 of the California Rules of Court.

An emergency removal must not continue for more than 30 days unless the court makes the following determinations:

(1) Restoring the child to the parent or Indian custodian would subject the child to imminent physical damage or harm;

(2) The court has been unable to transfer the proceeding to the jurisdiction of the appropriate Indian tribe; and

(3) It has not been possible to have a hearing that complies with the substantive requirements of the Indian Child Welfare Act for a foster care placement proceeding.

End

Plain-English Summary

The standard is higher than for an ordinary removal and is stated as a prohibition: the court may not order an emergency removal or placement of an Indian child without finding it necessary to prevent imminent physical damage or harm to the child.

The petition must carry eleven specified items, and the list is a fair summary of what the court needs to test that finding — the risk of imminent harm and evidence the placement continues to be necessary; the child’s name, age and last known address; the parents’ and Indian custodian’s names and addresses; the steps taken to notify them and the tribe; a detailed explanation of efforts to locate them if unknown; the child’s residence and domicile; the tribe affiliated with any reservation or village involved; the tribal affiliations; a specific and detailed account of the circumstances that led to the removal; efforts to contact a tribe with exclusive jurisdiction; and the efforts made to help the parents so the child may safely be returned.

Ending the emergency has its own route: any party asserting new information that the emergency has passed may request an ex parte hearing. Where the request shows such information, the court must promptly schedule a hearing, and if it finds removal is no longer necessary to prevent imminent harm, it must order the child returned to the parents or Indian custodian.

The outer limit is 30 days. An emergency removal must not continue beyond it unless the court determines that returning the child would subject them to imminent harm, that it has been unable to transfer the proceeding to the tribe, and that it has not been possible to hold a hearing meeting ICWA’s substantive requirements for foster care placement.

Frequently Asked Questions

What is the standard for emergency removal of an Indian child?

The court may not order emergency removal or placement without a finding that it is necessary to prevent imminent physical damage or harm to the child.

How long can an emergency removal last?

Not more than 30 days, unless the court determines that returning the child would subject them to imminent harm, that it has been unable to transfer the proceeding to the tribe, and that an ICWA-compliant foster care hearing has not been possible.

How do I get my child back if the emergency has passed?

File a Request for Ex Parte Hearing to Return Physical Custody of an Indian Child (form ICWA-070) with evidence of new information. If it shows the placement is no longer necessary, the court must promptly schedule a hearing.

Amendment History

Rule 5.484 adopted effective January 1, 2020.

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified September 10, 2026. · Official source

Also known as: emergency removal Indian child CaliforniaICWA-070 return custodyimminent physical damage or harm ICWA30 day emergency removal limit