---
kind: "section"
citation: "25 C.F.R. § 11.1004"
title: "25"
number: "11.1004"
heading: "Detention and shelter care."
url: "https://uscodex.org/cfr/25/11.1004"
---

# §11.1004. Detention and shelter care.

- (a) A minor alleged to be a juvenile offender may be detained, pending a court hearing, in the following places:
  - (1) A foster care facility approved by the tribe;
  - (2) A detention home approved by the tribe; or
  - (3) **A private family home approved by the tribe.**
- (b) A minor who is 16 years of age or older may be detained in a jail facility used for the detention of adults only if:
  - (1) A facility in [paragraph (a)](#a) of this section is not available or would not assure adequate supervision of the minor;
  - (2) The minor is housed in a separate room from the detained adults; and
  - (3) Routine inspection of the room where the minor is housed is conducted every 30 minutes to assure his or her safety and welfare.

## Notes

### Authority

Authority: 5 U.S.C. 301; R.S. 463, 25 U.S.C. 2; R.S. 465, 25 U.S.C. 9; 42 Stat. 208, 25 U.S.C. 13; 38 Stat. 586, 25 U.S.C. 200.

### Source

Source: 58 FR 54411, Oct. 21, 1993, unless otherwise noted.