Okla. Admin. Code § 340:75-19-7 - Transfer of proceeding to tribal court
(a) A parent, Indian custodian, or tribe may
request transfer of a state court proceeding for foster care placement or
termination of parental rights of an Indian child to tribal court. Whenever a
parent, Indian custodian, or tribe seeks to transfer the case, it is
presumptively in the Indian child's best interest to transfer the case to the
Indian tribe's jurisdiction. When a proper request for transfer is made,
jurisdiction is transferred by the state court to the tribal court unless:
(1) either parent objects to such
transfer;
(2) the court finds good
cause to deny transfer of the case; or
(3) the tribal court declines the
transfer.
(b) In
determining if good cause exists, recommendations to the court do not include:
(1) whether the case is at an advanced
stage;
(2) whether transfer would
result in a change in the child's placement;
(3) the Indian child's contacts with the
tribe or reservation;
(4) the
tribal court's prospective placement for the Indian child; or
(5) the socio-economic conditions and any
perceived inadequacy of tribal or Bureau of Indian Affairs social services or
judicial systems.
Notes
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