Okla. Admin. Code § 340:75-19-8 - Identification of an Indian child
(a) The
Oklahoma Indian Child Welfare Act (OICWA) per Section
40.3(C)
of Title 10 of the Oklahoma Statutes (10 O.S. §
40.3(C)1-3
) requires the state court to seek a determination of the child's Indian status
when the:
(1) court is informed by an
interested party, an officer of the court, a tribe, an Indian organization, or
a public or private agency that the child is Indian;
(2) child who is the subject of the
proceeding gives the court reason to believe he or she is an Indian child;
or
(3) court has reason to believe
the child's residence or domicile is within a predominantly Indian
community.
(b) The court
seeks verification of the Indian status of the child from the Indian tribe. The
determination of membership by the Indian tribe is conclusive.
Notes
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