Oklahoma Administrative Code
Title 340 - Department of Human Services
Chapter 75 - Child Welfare Services
Subchapter 19 - Working With Indian Children
Section 340:75-19-13 - Qualified expert witness testimony in the case requiring Indian Child Welfare Act compliance
Current through Vol. 42, No. 1, September 16, 2024
(a) Per Section 1912 of Title 25 of the United States Code ( 25 U.S.C. § 1912) no foster care placement or termination of parental rights may be ordered without the testimony of a qualified expert witness that the continued custody of the Indian child by the parent or Indian custodian is likely to result in serious emotional or physical damage or harm to the child.
(b) A qualified expert witness has specific knowledge of the Indian tribe's culture and customs. Persons with the following characteristics, in descending order, meet the requirements for a qualified expert witness, a:
(c) The court or any party may request the assistance of the Indian child's tribe or the Bureau of Indian Affairs agency serving the child's tribe in locating persons qualified to serve as an expert witness.
Added at 19 Ok Reg 2209, eff 6-27-02; Amended at 30 Ok Reg 839, eff 7-1-13