Okla. Admin. Code § 340:75-19-23

OKLAHOMA ADMINISTRATIVE CODE

TITLE 340. DEPARTMENT OF HUMAN SERVICES

CHAPTER 75. CHILD WELFARE

SUBCHAPTER 19. WORKING WITH INDIAN CHILDREN


340:75-19-23. Adoption of Indian children


(a) The Federal and State Indian Child Welfare Acts (ICWA) establish an order of placement preferences for Indian children who are in adoptive placements. Adoptive placements are defined by the Federal ICWA as the permanent placement of an Indian child after parental rights have been terminated. The Federal ICWA requires that Indian children in adoptive placements are placed in the following order of preference, unless the court finds good cause to place outside of the placement preference, or the child's tribe has established a different order of preference:


(1) a member of the child's extended family;


(2) other members of the Indian child's tribe; or


(3) members of other Indian families.


(b) The criteria for the placement of Indian children includes consideration of the prevailing social and cultural standards of the Indian community in which the parent or extended family resides or in which the parent or extended family members maintain social and cultural ties.


(c) Adoptive placement with non-Indian families is considered only after the Department has determined that:


(1) no extended family are available for adoptive placement;


(2) no Indian families of the child's tribe are available for adoptive placement; and


(3) no Indian families of other tribes are available for adoptive placement.


(d) Prior to the adoptive placement of an Indian child in a non-extended family or non-Indian resource, the court of adjudication is requested to conduct a good cause hearing.


  

  


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

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