right to intervene in state court proceeding.
The Indian child's tribe
has the right to intervene at any point in a state court proceeding involving
the foster care placement or termination of parental rights to the Indian child
per Section 1911
of Title 25 of the United States Code (25 U.S.C.
1911). Upon intervening, the tribe becomes a party to the state court
inspection of the Indian child's DHS
records without a court order.
Per Section 1-6-103 of Title 10A of the
Oklahoma Statutes (10A O.S. § 1-6-103), DHS records pertaining to a child
may be inspected, and their contents disclosed, without a court order to a
federally recognized Indian tribe, upon showing of proper credentials and
pursuant to the tribal representative's lawful duties when the child who is the
subject of the record is a member or is eligible to become a member of the
tribe; and is the biological child of a member of an Indian tribe pursuant to
the provisions of the Federal Indian Child Welfare Act and the Oklahoma Indian
Child Welfare Act; provided such Indian tribe in the course of the tribe's
official duties is:
(A) investigating a
report of known or suspected child abuse or neglect or crimes against children
or for the purpose of determining whether to place a child in protective
(B) providing services to
or for the benefit of a child including, but not limited to, protective,
emergency, social and medical services; or
(C) the tribe, the tribal court, or the
tribal child welfare program asserting jurisdiction or intervention in any case
in which the child is the subject of the proceedings or is a party to the
proceedings pursuant to the authority provided in the Oklahoma Indian Child
records provided to Indian tribes include all case records, reports, and
documents per 10A O.S. § 1-6-101.
Disclosure of DHS records to
federally recognized Indian tribe to consider persons as tribal placement
resources. Per 10A O.S. § 1-6-102, DHS is authorized to disclose
DHS records in a reasonable amount of time to a federally recognized Indian
tribe pertaining to any individual who applied to provide tribal foster care,
adoptive, or guardianship placement; provided, the tribe is required to
maintain the confidentiality of the records.
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.