Determination regarding improper removal or retainment; effect of determination; exception.

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(2) If the court finds that the Indian child has been improperly removed or improperly retained, the court shall order the Department of Human Services to immediately return the Indian child to the child’s parent or Indian custodian and dismiss the proceeding, unless the court determines by clear and convincing evidence that doing so would subject the child to substantial and immediate danger or a threat of substantial and immediate danger. [2021 c.398 §39]

Note: See note under 419B.600.


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