Adoptive placement preference for
the Indian child.
Adoptive placements are defined by the Federal Indian
Child Welfare Act (ICWA) as the permanent placement of the Indian child for
adoption, including any action resulting in a final decree of adoption. ICWA
establishes an order of placement preference for the Indian child in an
adoptive placement. Unless the court finds good cause to deviate from the ICWA
- specified, placement preference, or the Indian child's tribe has established
by resolution a different order of specified preference, Section 1915
25 of the United States Code (
25 U.S.C. §
) requires that Indian children in
adoptive placement are placed in descending order:
(1) a member of the child's extended
(2) other members of the
Indian child's tribe; or
members of other Indian families.
Standards applied to adoptive
The criteria for the placement of the Indian
25 U.S.C. §
consideration of the prevailing social and cultural standards of the Indian
community in which the parent or extended family resides or in which the parent
or extended family members maintain social and cultural ties. The court, where
appropriate, considers the preference of the Indian child or parent.
Adoptive placement with non-Indian
Adoptive placement in a non-Indian resource is considered only
after the Oklahoma Department of Human Servicesdetermines, no:
(1) extended family are available for
families of the child's tribe are available for adoptive placement;
(3) Indian families of other
tribes are available for adoptive placement.
Good cause hearing required prior
to placement in non-family or non-Indian resource. Prior to the adoptive
placement of the Indian child in a placement that deviates from the preference
order, the court must conduct a hearing to determine if good cause exists to
deviate from the adoptive placement preference order.
Okla. Admin. Code §
Added at 19 Ok Reg
2209, eff 6-27-02 ; Amended at 30 Ok Reg 839, eff
Register, Volume 33, Issue 24, September 1, 2016, eff.