25 CFR § 11.1104 - Shelter care.

---
identifier: "/us/cfr/t25/s11.1104"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "25 CFR § 11.1104 - Shelter care."
title_number: 25
title_name: "Indians"
section_number: "11.1104"
section_name: "Shelter care."
chapter_name: "BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR"
subchapter_number: "B"
subchapter_name: "LAW AND ORDER"
part_number: "11"
part_name: "COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
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."
regulatory_source: "58 FR 54411, Oct. 21, 1993, unless otherwise noted."
cfr_part: "11"
---


# 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.