Oklahoma Administrative Code
Title 340 - Department of Human Services
Chapter 75 - Child Welfare Services
Subchapter 19 - Working With Indian Children
Section 340:75-19-7 - Transfer of proceeding to tribal court

Universal Citation: OK Admin Code 340:75-19-7

Current through Vol. 42, No. 1, September 16, 2024

(a) A parent, Indian custodian, or tribe may request transfer of a state court proceeding for foster care placement or termination of parental rights of an Indian child to tribal court. Whenever a parent, Indian custodian, or tribe seeks to transfer the case, it is presumptively in the Indian child's best interest to transfer the case to the Indian tribe's jurisdiction. When a proper request for transfer is made, jurisdiction is transferred by the state court to the tribal court unless:

(1) either parent objects to such transfer;

(2) the court finds good cause to deny transfer of the case; or

(3) the tribal court declines the transfer.

(b) In determining if good cause exists, recommendations to the court do not include:

(1) whether the case is at an advanced stage;

(2) whether transfer would result in a change in the child's placement;

(3) the Indian child's contacts with the tribe or reservation;

(4) the tribal court's prospective placement for the Indian child; or

(5) the socio-economic conditions and any perceived inadequacy of tribal or Bureau of Indian Affairs social services or judicial systems.

Added at 19 Ok Reg 2209, eff 6-27-02; Amended at 30 Ok Reg 839, eff 7-1-13

Disclaimer: These regulations may not be the most recent version. Oklahoma may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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