Rule 5.676.Requirements for detention

Detention is not the default. No child may be ordered detained unless the court finds a prima facie showing that the child is described by section 300, that continuance in the home of the parent, Indian custodian or guardian is contrary to the child’s welfare, and that at least one statutory ground for detention is present.

Where the court knows or has reason to know the child is an Indian child, there is a further finding: detention must be necessary to prevent imminent physical damage or harm to the child — and the court must state the supporting facts on the record.

The court may rely solely on written police, probation or social worker reports or other documents. Those reports must carry the statutory information plus three things: what services have been provided and what services or safety plans could remove the need for custody; where a parent is in a certified substance abuse treatment facility that allows a dependent child to live with them, whether the child could be returned to that parent; and, where continued detention is recommended, information about any parent or guardian the child was not living with, and about any relative or nonrelative extended family member with whom the child might be detained instead.

For an Indian child the reports must go considerably further: the risk of imminent physical damage or harm and the evidence that removal remains necessary; the steps taken to notify the parents, Indian custodian and tribe; where the parents or Indian custodian are unknown, a detailed account of efforts to find them including contact with the Bureau of Indian Affairs regional director; the child’s residence and domicile; the tribe affiliated with any reservation or Alaska Native village involved; the tribal affiliation of the child and of the parents or Indian custodian; a specific and detailed account of the circumstances of the removal; where exclusive tribal jurisdiction may apply, the efforts made and being made to contact the tribe and transfer the case; the efforts to help the parents or Indian custodian so the child can safely go home; and the steps taken to consult and collaborate with the tribe, and what came of that.