---
kind: "section"
citation: "25 C.F.R. § 11.1104"
title: "25"
number: "11.1104"
heading: "Shelter care."
url: "https://uscodex.org/cfr/25/11.1104"
---

# §11.1104. Shelter care.

- (a) A minor alleged to be a minor-in-need-of-care may be detained, pending a court hearing, in the following places:
  - (1) A foster care facility authorized under tribal or state law to provide foster care, group care or protective residence;
  - (2) A private family home approved by the tribe; or
  - (3) A shelter care facility operated by a licensed child welfare services agency and approved by the tribe.
- (b) A minor alleged to be a minor-in-need-of care may not be detained in a jail or other facility used for the detention of adults. If such minor is detained in a facility used for the detention of juvenile offenders, he or she must be detained in a room separate from juvenile offenders, and routine inspection of the room where the minor is detained must be 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.