|
Okla. Stat.
§ 40.3
Oklahoma
Statutes
Title
10. Children
Chapter
1B. Indian Child Welfare Act
§ 40.3. Application
of act--Exemptions--Determination of Indian status
A. The Oklahoma Indian Child Welfare Act, [FN1]
in accordance with the federal Indian Child Welfare Act, [FN2]
applies to all child custody proceedings involving any Indian child except
the following:
1.
A child custody proceeding arising from a divorce proceeding; or
2.
A child custody proceeding arising from an adjudication of delinquency,
unless there has been a request for termination of parental rights.
B.
Except as provided for in subsection A of this section, the Oklahoma Indian
Child
Welfare Act applies to all state voluntary and involuntary child custody
court proceedings involving Indian children, regardless of whether or
not the children involved are in the physical or legal custody of an Indian
parent or Indian custodian at the time state proceedings are initiated.
C.
The court shall seek a determination of the Indian status of the child
in accordance with the preceding standard in the following circumstances:
1.
The court has been informed by an interested party, an officer of the
court, a tribe, an Indian organization or a public or private agency that
the child is Indian; or
2.
The child who is the subject of the proceeding gives the court reason
to believe he is an Indian child; or
3.
The court has reason to believe the residence or domicile of the child
is a predominantly
Indian community.
D.
The court shall seek verification of the Indian status of the child from
the Indian tribe or the Bureau of Indian Affairs. A determination of membership
by an Indian tribe shall be conclusive. A determination of membership
by the Bureau of Indian Affairs shall be conclusive in the absence of
a contrary determination by the Indian tribe.
E.
The determination of the Indian status of a child shall be made as soon
as practicable in order to ensure compliance with the notice requirements
of Section 40.4 of this title.
CREDIT(S)
Laws 1982, c. 107, §
4, emerg. eff. April 6, 1982; Laws 1994, c. 30, § 2, eff. Sept. 1,
1994.
[FN1]
Title 10, § 40 et seq.
[FN2]
25 U.S.C.A. § 1901 et seq.
|