(2) the following persons are authorised to take a child into protective custody under this section:

(a) a peace officer

(b) a counselor OR

(c) an employee of the Department of Human Services

(3)(a) prior to taking a child into protective custody under this section, the person taking the child into protective custody must determine whether there is reason to know the child is an Indian child

(b) If there is reason to know the child is an Indian child, the emergency notification requirements of section 16 (1) of this 2020 special session Act must be met prior to taking the child into protective custody

(4)(a) except as provided in paragraph (b), a child may be taken into protective custody without a court order only when there is reasonable cause to believe that:

(A) there is an imminent threat of severe harm to the child

(B) the child poses an imminent threat of severe harm to self or others OR

(C) there is an imminent threat that the child’s parent or guardian will cause the child to be beyond the reach of the juvenile court before the court can order that the child be taken into protective custody under paragraph (6)

(b) if there is reason to know that the child is an Indian child, the child may be taken into protective custody without a court order only when it is necessary to prevent imminent physical damage or harm to the child

(4) a person authorised to take a child into protective custody will apply for a protective custody order, as described in paragraph (6), by submitting a declaration based on information and belief that sets forth with particularity:

(a) why protective custody is necessary and the least restrictive means available to:

(A) protect the child from abuse

(B) prevent the child from inflicting harm on self or others

(C) ensure that the child remains within the reach of the juvenile court to protect the child from abuse or to prevent the child from inflicting harm on self or others OR

(D) if the department knows or has reason to know that the child is an Indian child, prevent imminent physical damage or harm to the child.

(b) why protective custody is in the best interests of the child.

(5)(a) the applicant under paragraph (4) will deliver the declaration described in paragraph (4) to the juvenile court

(b) at the applicant’s request, instead of the declaration described in paragraph (4), the judge may take an oral statement under oath. If the applicant makes the oral statement to the judge out of court, the applicant will record the oral statement and retain a copy of the recording. The recording constitutes a declaration for the purposes of paragraph (4)

(6) the juvenile court may order that a child be taken into protective custody if, after reviewing the declaration described in paragraph (4), the court determines that:

(a) protective custody is necessary and the least restrictive means available to:

(A) protect the child from abuse

(B) prevent the child from inflicting harm on self or others

(C) ensure that the child remains within the reach of the juvenile court to protect the child from abuse or prevent the child from inflicting harm on self or others

(D) ensure the safety of a child who has run away from home OR

(E) if the department knows or has reason to know that the child is an Indian child, prevent imminent physical damage or harm to the child AND

(b) protective custody is in the best interests of the child

(7) when the court issues a protective custody order under paragraph (6), the court may transmit the signed order to the applicant by a form of electronic communication approved by the court that delivers a complete printable image of the signed order. The court shall file the original order in the court record