Document Type

Article

Publication Date

4-15-1992

Abstract

In the Blackfeet Tribal Court of Appeals, the Court reversed a lower court order determining a dispute over an emergency custody order. Teh Court made the determination to reverse the lower court determination partly based on the lack of sufficient evidence to warrant emergency removal of the child. Ch. 7, Se. 4, of the Blackfeet Law and order Code requires a show cause hearing where evidence is presented to substantiate immediate and//or apparent danger of violence or serious bodily injury to the child. Additionally, a child is entitled to representation through guardian-ad-litem. The Court clarified that a Juvenile Officer is in no way guardian ad litem, pursuant to Ch. 7, Sec. 6 of the Law and Order Code. The Children were immediately returned to the mother, allowing for the father to properly file a petition for change of custody.

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