Okla. Admin. Code § 340:75-19-7

Current through Vol. 42, No. 2, October 1, 2024

Section 340:75-19-7 - Transfer of proceeding to tribal court

(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.

Okla. Admin. Code § 340:75-19-7

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

Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/15/2016