Determination of whether an Indian child has been improperly removed or retained - remedy

(1) The court, on the court's own motion or on the motion of any party, shall expeditiously determine whether an Indian child who is asserted to be within the court's jurisdiction pursuant to section 19-1.2-116 has been improperly removed or improperly retained following a visit or temporary relinquishment of custody. A motion pursuant to this section may be made orally or in writing. (2) If the court finds that the Indian child has been improperly removed or improperly retained, the court shall order the petitioning or filing party to immediately return the Indian child to the Indian child's parent or Indian custodian and dismiss the proceeding, unless the court determines that doing so would subject the Indian child to substantial and immediate danger or a threat of substantial and immediate danger. In such a case, the court shall hold a hearing within twenty-eight days in accordance with 25 U.S.C. sec. 1912 (e) and section 19-1.2-123 to determine if the return of the Indian child is appropriate.