Oklahoma Administrative Code
Title 340 - Department of Human Services
Chapter 75 - Child Welfare Services
Subchapter 19 - Working With Indian Children
Section 340:75-19-8 - Identification of an Indian child
Universal Citation: OK Admin Code 340:75-19-8
Current through Vol. 42, No. 1, September 16, 2024
(a) The Oklahoma Indian Child Welfare Act (OICWA) per Section 40.3(C) of Title 10 of the Oklahoma Statutes (10 O.S. § 40.3(C)1-3 ) requires the state court to seek a determination of the child's Indian status when the:
(1) court is informed by an
interested party, an officer of the court, a tribe, an Indian organization, or
a public or private agency that the child is Indian;
(2) child who is the subject of the
proceeding gives the court reason to believe he or she is an Indian child;
or
(3) court has reason to believe
the child's residence or domicile is within a predominantly Indian
community.
(b) The court seeks verification of the Indian status of the child from the Indian tribe. The determination of membership by the Indian tribe is conclusive.
Added at 19 Ok Reg 2209, eff 6-27-02; Amended at 30 Ok Reg 839, eff 7-1-13
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