F. Special Setting Following Emergency Hearing

An emergency proceeding should not be continued for more than 30 days unless the court finds:

•   Returning the child to the parent or Indian custodian would subject the child to imminent physical damage or harm;

•   The court has been unable to transfer the proceeding to the appropriate Tribe; and

•   It has not been possible to initiate a "child-custody proceeding."

When an Indian child is subject to removal, the best strategy is to set another hearing at the earliest possible date that accommodates the 30 day notice requirement applicable when a foster care placement is requested under ICWA. 25 U.S.C. § 1912. At that time, an ICWA compliant hearing can be conducted.