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Okla. Admin. Code § 340:75-19-11
OKLAHOMA
ADMINISTRATIVE CODE
TITLE
340. DEPARTMENT OF HUMAN SERVICES
CHAPTER
75. CHILD WELFARE
SUBCHAPTER
19. WORKING WITH INDIAN CHILDREN
340:75-19-11.
Notice and appointment of counsel
(a) Both the Federal and State Indian Child Welfare Act
(ICWA) address procedures for notice to Indian tribes of voluntary
and involuntary child custody proceedings, including review hearings, involving Indian
children. The State ICWA requires that the state court ensure
that the initiating party, usually the district attorney send notice
to the parents, Indian custodians, child's tribe, and the appropriate
Bureau of Indian Affairs office [10 O.S. §
40.4] The notice is sent by registered mail, return receipt
requested.
(b) The notice is written in clear and understandable language
and includes:
(1) the name and tribal affiliation of the Indian
child;
(2) a copy of the petition;
(3) a statement of the rights of the biological
parents or Indian custodians, and the Indian tribe to:
(A) intervene in the proceeding;
(B) petition the court to transfer the proceeding
to the tribal court;
(C) request an additional 20-day extension to prepare
for the proceeding. The court may approve further extensions of
time;
(4) a statement of the potential legal consequences of
an adjudication on the future custodial rights of the parents
or Indian custodians;
(5) a statement that counsel will be appointed for
the parent or custodian if they are unable to afford
counsel; and
(6) a statement that tribal officials should keep the
information contained in the notice confidential.
(c) Under the Federal ICWA, a proceeding for foster care
placement or termination of parental rights is not held until
at least ten days after receipt of notice by the
parent or Indian custodian and the tribe.
(d) Failure to abide by the appropriate notice provisions may
result in invalidation of the state court's action.
[Source:
Added at 19 Ok Reg 2209, eff 6-27-02]
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