Current through Vol. 42, No. 1, September 16, 2024
(a)
Emergency removal and placement of
the Indian child domiciled on but temporarily located off the
reservation. Per Section 1922 of Title 25 of the United States Code (
25
U.S.C. §
1922) of the Federal Indian
Child Welfare Act, the Indian child who is a resident of or is domiciled on a
reservation, but temporarily located off the reservation from his or her parent
or Indian custodian is subject to emergency removal and emergency placement in
a foster home or institution, under applicable State law, to prevent imminent
physical damage or harm to the child. The State authority, official, or agency
involved in the emergency removal, as appropriate:
(1) ensures the emergency removal or
placement terminates immediately when the removal or placement is no longer
necessary to prevent imminent physical damage or harm to the child;
(2) expeditiously initiates a child custody
proceeding;
(3) transfers the child
to the jurisdiction of the appropriate Indian tribe; or
(4) restores the child to the parent or
Indian custodian.
(b)
Emergency order removing the Indian child accompanied by
affidavit. Per Section
40.5
of Title 10 of the Oklahoma Statutes (10 O.S. §
40.5
):
(1) when the court order authorizes the
emergency removal of the Indian child from the child's parent or Indian
custodian in accordance with 25 U.S.C. 211922, the order is accompanied by an
affidavit containing:
(A) the names, tribal
affiliations, and addresses of the Indian child, the parents of the Indian
child, and Indian custodians if any;
(B) a specific and detailed account of the
circumstances and the reasons for the removal; and
(C) a statement of the specific actions that
have been taken to assist the parents or Indian custodians so that the child
may be safely returned to their custody; and
(2) no pre-adjudicatory custody order may
remain in force or in effect for more than 30 calendar days without a
determination by the court, supported by clear and convincing evidence and the
testimony of at least one qualified expert witness, that custody of the child
by the parent or Indian custodian is likely to result in serious emotional or
physical damage to the child. The court may, for good and sufficient cause
shown, extend the emergency custody order for an additional 60 calendar
days.
Added at 19 Ok Reg
2209, eff 6-27-02; Amended at 30 Ok Reg 839, eff
7-1-13
