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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]
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