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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