Children removed by a State agency are placed in the custody of that particular state, however, it the child is Indian the tribe as concurrent jurisdiction with the state.
No. The family may request Cherokee Nation Indian Child Welfare to be present during the investigation. However, the location of the family's residence will determine who has jurisdiction.
If the family lives on Indian land, Cherokee Nation Indian Child Welfare is the only party that can investigate the allegations. If the family lives on State Land the State is primarily responsible for the investigation but the tribe may conjointly participate.
The State is required under law and contracts to provide Cherokee Nation Indian Child Welfare with any and all information regarding the investigation of a Cherokee child.
Yes. According to federal and most state law, the prospect for relative placement must be explored immediately upon the child entering the custody of the state and if a feasible relative placement is found the state must place the child in the home of a relative exclusive to all other placements.
Federal law requires that an Indian child be placed in an Indian foster home. If at the time the child is removed there is not an Indian home available for immediate foster care placement, the Indian could be placed in a non-Indian foster home on a short-term basis for the safety of the child. However, according to federal law and state policy, the state agency must locate an appropriate Indian home as soon as possible and the child will be relocated to meet guidelines.
You should call the local law enforcement agency. Law enforcement is responsible for the investigation of child abuse when the perpetrator is someone other than the legal caretaker or parent as this falls under criminal prosecution.
