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.