|
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]
|