Okla. Admin. Code § 340:75-19-8

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

Section 340:75-19-8 - Identification of an Indian child

(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.

Okla. Admin. Code § 340:75-19-8

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