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Okla.
Admin. Code § 340:75-19-3
OKLAHOMA
ADMINISTRATIVE CODE
TITLE
340. DEPARTMENT OF HUMAN SERVICES
CHAPTER
75. CHILD WELFARE
SUBCHAPTER
19. WORKING WITH INDIAN CHILDREN
340:75-19-3. Definitions
The following words and
terms, when used in this Subchapter, have the following meaning unless
the context clearly indicates otherwise:
"BIA"
means the Bureau of Indian Affairs.
"Child
custody proceeding"
means any proceeding regarding child custody under the Federal and State
Acts, including:
(A) "Adoptive
placement"
means the permanent placement of an Indian child for adoption, including
any action which results in a final decree of adoption by the parent or
Indian custodian for temporary placement prior to termination.
(B) "Foster
care placement"
means any action which removes an Indian child from the parent or Indian
custodian for temporary placement in a foster home or institution, where
parental rights have not been terminated.
(C) "Preadoptive
placement"
means the temporary placement of an Indian child in a foster home or institution
after the termination of parental rights, but prior to or in lieu of an
adoptive placement.
(D) "Termination
of parental rights"
means any action which results in the termination of the parent-child
relationship.
"Extended
family member"
means any person as defined by the law or custom of the Indian child's
tribe, or, in absence of such law or custom, a person who is at least
18 years of age and is the Indian child's grandparent, aunt or uncle,
brother or sister, brother-in-law or sister-in-law, niece or nephew, first
or second cousin, or stepparent.
"Federal
Act" means
the Federal Indian Child Welfare Act. The Federal Indian Child Welfare
Act is also referred to by its acronym, FICWA.
"Indian"
means any person who is a member of an Indian tribe.
"Indian
child"
means any unmarried or unemancipated person who is under the age of 18
and either:
(A) a member of an Indian
tribe; or
(B) eligible for membership
in an Indian tribe and is the biological child of a member of an Indian
tribe.
"Indian
child's tribe"
means:
(A) the Indian tribe
in which an Indian child is a member or eligible for membership; or
(B) the Indian tribe
with which the Indian child has the more significant contacts if the Indian
child is eligible for membership in more than one tribe.
"Indian
custodian"
means any Indian person who has legal custody of an Indian child under
tribal law or custom or under state law or to whom temporary physical
care, custody and control has been transferred by the parent of the child.
"Indian
tribe"
means any Indian tribe, band, nation, or other organized group or community
of Indians that have federal recognition.
"MOU"
means the acronym for Memorandum of Understanding.
"Parent"
means any biological or adoptive parent, including adoption by tribal
law or custom, of an Indian child, not to include an unwed father where
paternity has not been acknowledged or established.
"Secretary"
means the Secretary of the Interior.
"State
Act" refers
to the Oklahoma Indian Child Welfare Act. The Oklahoma Indian Child Welfare
Act is also referred to by its acronym OICWA.
"Tribal
court"
means a court with jurisdiction over child custody proceedings and is
either a Court of Indian Offenses, a court established and operated under
the code or custom of an Indian tribe, or any other administrative body
of a tribe which has authority over child custody proceedings.
"Tribal
land"
means Indian country as defined in Section 1151 of Title 18 and any lands,
not covered under such section, title to which is either held by the United
States in trust for the benefit of any Indian tribe or individual or held
by any Indian tribe or individual subject to a restriction by the United
States against alienation. This land may also be referred to as "trust
land." Tribal land is under the jurisdiction of either the federal
government or an Indian tribe. The state does not usually have jurisdiction
over tribal land.
[Source:
Added at 19 Ok Reg 2209, eff 6-27-02]
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