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
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.