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Okla.
Admin. Code § 340:75-19-10
OKLAHOMA
ADMINISTRATIVE CODE
TITLE
340. DEPARTMENT OF HUMAN SERVICES
CHAPTER
75. CHILD WELFARE
SUBCHAPTER
19. WORKING WITH INDIAN CHILDREN
340:75-19-10.
Emergency removal of Indian children
(a) Under the Federal and State Indian Child Welfare Act
(Acts), emergency removal of an Indian child from the parents
or Indian custodian is allowed only in order to prevent
imminent physical injury or harm to the child.
(b) Pre-adjudicatory custody orders under the Indian Child Welfare Act
(ICWA) are time-limited. A pre-adjudicatory custody order cannot remain in
effect for more than 30 days without a determination by
the court, supported by clear and convincing evidence and the
testimony of at least one qualified expert witness, that custody
of the child by the parent or Indian custodian is
likely to result in serious emotional or physical damage to
the child. The court may, for good and
sufficient cause shown, extend the emergency custody order for an
additional 60 days.
(c) The Federal Act allows the state to remove an
Indian child who normally resides on tribal land but is
temporarily located on state land for a limited emergency basis
in order to prevent imminent physical damage or harm to
the child. Section 1922 of Title 25 of the United
States Code and Section 40.5 of Title 10 of the
Oklahoma Statutes require that emergency custody is terminated when it
is no longer necessary to prevent imminent physical injury or
harm. The court order authorizing such emergency removal must be
accompanied by an affidavit which includes:
(1) the names, tribal affiliations, and addresses of the
Indian child, the parents of the Indian child, and Indian
custodians;
(2) a specific and detailed account of the circumstances
and the reasons for the removal; and
(3) a statement of the specific actions that have
been taken to assist the parents or Indian custodians so
that the child may be returned to their custody.
[Source:
Added at 19 Ok Reg 2209, eff 6-27-02]
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