Okla. Admin. Code § 340:75-19-12

OKLAHOMA ADMINISTRATIVE CODE

TITLE 340. DEPARTMENT OF HUMAN SERVICES

CHAPTER 75. CHILD WELFARE

SUBCHAPTER 19. WORKING WITH INDIAN CHILDREN

 


340:75-19-12. Adjudication of an Indian child


(a) Under the Oklahoma Indian Child Welfare Act (OICWA), Section 40.5 of Title 10 of the Oklahoma Statutes, pre-adjudicatory custody of an Indian child is time limited. No custody order prior to adjudication shall remain in effect more than 30 days without a specific determination by the court, supported by clear and convincing evidence including the testimony of at least one qualified expert witness, that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. If good and sufficient cause is shown, the court may extend the effective period of the pre-adjudicatory custody order for an additional 60 days. The maximum time period for pre-adjudicatory custody allowed under the Oklahoma Act is 90 days.


(b) Adjudication of an Indian child requires:


(1) testimony of a qualified expert witness that continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child;


(2) clear and convincing evidence; and


(3) a showing that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and these efforts have proved unsuccessful.



[Source: Added at 19 Ok Reg 2209, eff 6-27-02]

Home  |   Search  |   Disclaimer  |   Privacy Statement  |   Site Map