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Okla.
Admin. Code § 340:75-19-4
OKLAHOMA
ADMINISTRATIVE CODE
TITLE
340. DEPARTMENT OF HUMAN SERVICES
CHAPTER
75. CHILD WELFARE
SUBCHAPTER
19. WORKING WITH INDIAN CHILDREN
340:75-19-4.
Applicability of the Acts to child custody proceedings
(a) The Federal and Oklahoma Indian Child Welfare Acts (Acts)
are applicable to any child custody proceeding which involves:
(1) foster care placement, including any involuntary action that
removes an Indian child from the parent or Indian custodian
for temporary placement and parental rights have not been terminated;
(2) termination of parental rights, including any action resulting
in the termination of the parent-child relationship;
(3) pre-adoptive placement, including temporary placement of an Indian
child in a foster home or institution after parental rights
have been terminated, but
prior to or in lieu of adoptive placement; or
(4) adoptive placement, including permanent placement of an Indian
child for adoption.
(b) The Federal and State Acts do not apply to
placements that are a result of delinquency unless termination of
parental rights has been requested. The Acts also do not
apply to divorce custody proceedings if one of the parents
is awarded custody.
(c) The State Act applies to all state voluntary and
involuntary proceedings regardless of whether the children are in the
physical or legal custody of an Indian parent or Indian
custodian at the time state proceedings are initiated.
[Source:
Added at 19 Ok Reg 2209, eff 6-27-02]
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