Okla. Admin. Code § 340:75-19-11 - Notice of Indian child custody proceedings
(a)
Statutory notice
of
Indian child custody proceeding. The Federal and Oklahoma Indian Child
Welfare Act address procedures for notice to Indian tribes of voluntary and
involuntary child custody proceedings, including review hearings, involving
Indian children. The Oklahoma Indian Child Welfare Act per Section
40.4
of Title 10 of the Oklahoma Statutes (10 O.S. §
40.4
) requires the state court to ensure the initiating party, usually the district
attorney, sends notice by certified mail, return receipt requested, to the:
(1) Indian child's parents;
(2) Indian custodians;
(3) child's tribe; and
(4) the appropriate Bureau of Indian Affairs
office.
(b)
Notice
requirements. Per 10 O.S. §
40.4,
the notice of the Indian child custody proceeding is written in clear and
understandable language and includes:
(1)
name, date of birth, birthplace, and tribal affiliation of the Indian
child;
(2) a copy of the
petition;
(3) name of petitioner
and name and address of petitioner's attorney;
(4) a statement of the rights of the parents
or Indian custodian, and the Indian tribe to:
(A) intervene in the proceeding;
(B) petition the court to transfer the
proceeding to the tribal court;
(C)
request an extension of time, up to 20 additional calendar days, to prepare for
the proceeding;
(5) a
statement of the potential legal consequences of the proceedings on the future
custodial rights of the parents or Indian custodians;
(6) a statement that counsel will be
appointed for the parent or custodian when unable to afford counsel;
(7) mailing addresses and phone numbers of
the court, information related to all parties to the proceeding, and
individuals notified; and
(8) a
statement that tribal officials must keep information contained in the notice
confidential.
(c) Under
the Federal Act, a proceeding for foster care placement or termination of
parental rights is not held until 10-calendar days after receipt of notice by
the parent or Indian custodian and the tribe.
(d)
Invalidation of action upon showing
of certain violations. Per
25
U.S.C. §
1914, motions to invalidate
state court actions based on violations of the provisions of
25
U.S.C. §§
1911, 1912, and 1913 may
be filed by:
(1) the Indian child who is the
subject of any action for foster care placement or termination of parental
rights under Oklahoma law;
(2) any
parent or Indian custodian from whose custody the child was removed;
and
(3) the child's
tribe.
Notes
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