Okla. Admin. Code § 340:75-19-12 - Adjudication of an Indian child
(a)
Time restriction for pre-adjudicatory custody of the Indian child .
Perthe Oklahoma Indian Child Welfare Act (OICWA), Section
40.5
of Title 10 of the Oklahoma Statutes, the maximum time period for
pre-adjudicatory custody of the Indian child is 90 - calendar days.
(b)
Standards of evidence for deprived
adjudication of the Indian child . Adjudication of an Indian child per
Section 1912(e) of Title 25 of the United States Code requires a determination,
by the court supported by clear and convincing evidence, including testimony of
a qualified expert witness, that the continued custody of the child by the
parent or Indian custodian is likely to result in serious emotional or physical
damage or harm to the child.
(c)
Demonstration of active efforts . A party petitioning a state court
for foster care placement of an Indian child must demonstrate to the court that
active efforts were made to prevent removal of the child from the parent or
Indian custodian and those efforts were unsuccessful.
Notes
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