340:75-19-3 - Definitions

340:75-19-3. Definitions

The following words and terms, when used in this Subchapter, shall have the following meaning, unless the context clearly indicates otherwise:

"Active efforts" per Section 671(A) of Title 42 of the United States Code ( 42 U.S.C. § 671(A)) means actions intended primarily to maintain and reunite an Indian child with his or her family or tribal community and constitutes more than reasonable efforts.

"Child custody proceeding" means any proceeding regarding child custody under the Federal and State Acts, including:

(A) "Adoptive placement" means the permanent placement of the Indian child for adoption, including any action that results in a final decree of adoption.

(B) "Foster care placement" means any action removing the Indian child from the parent or Indian custodian for temporary placement in a foster home, institution, or the home of a guardian or conservator where the parent or Indian custodian cannot have the child returned upon demand, but where parental rights have not been terminated.

(C) "Preadoptive placement" means the temporary placement of the Indian child in a foster home or institution after the termination of parental rights, but prior to or in lieu of an adoptive placement.

(D) "Termination of parental rights" means any action resulting in the termination of the parent-child relationship.

"Extended family member" means any person as defined by the law or custom of the Indian child's tribe, or, in absence of such law or custom, a person who is at least 18 years of age and is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent.

"Indian" means any person who is a member of an Indian tribe, or who is an Alaska Native and a member of a Regional Corporation per Section 7 of the Alaska Native Claims Settlement Act 43 U.S.C. § 1606.

"Indian child" means any unmarried person under 18 years of age and is:

(A) a member of an Indian tribe; or

(B) eligible for membership in an Indian tribe and the biological child of a member of an Indian tribe.

"Indian child's tribe" means:

(A) the Indian tribe in which an Indian child is a member or eligible for membership; or

(B) the Indian tribe with which the Indian child, who is a member of or is eligible for membership in more than one tribe, has the more significant contacts, as designated.

"Indian country or tribal land" means lands, per 18 U.S.C. § 1151, and any lands not covered under Section 1151, title to which is held by the United States in trust for the benefit of any Indian tribe or individual or held by any Indian tribe or individual subject to a restriction by the United States against alienation. Tribal land may also be referred to as "trust land."

"Indian custodian" means any Indian person who has legal custody of the Indian child under tribal law or custom or under state law or to whom temporary physical care, custody, and control was transferred by the child's parent.

"Indian tribe" means any Indian tribe, band, nation, or other organized group or community of Indians federally recognized as eligible for the services provided to Indians by the Secretary of the Interior because of their status as Indians, including an Alaska Native village per Section 3 (c) of the Alaska Native Claims Settlement Act, 43 U.S.C. 1602(c).

"Parent" means any biological parent of the Indian child, or an Indian person who has lawfully adopted an Indian child, including adoptions under tribal law or custom, but not including an unwed father where paternity has not been acknowledged or established.

"Secretary" means the Secretary of the Interior.

"State Act" means the Oklahoma Indian Child Welfare Act that is referred to by the acronym OICWA.

"Tribal-certified foster home" means a foster home maintained and certified through an Indian tribe.

"Tribal court" means a court with jurisdiction over child custody proceedings, including:

(A) a court of Indian offenses;

(B) a court established and operated under the code or custom of an Indian tribe; or

(C) any other administrative body of a tribe that has authority over child custody proceedings.

"Youth" means a child 13 through 17 years of age.

(Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/15/2016)

Added at 19 Ok Reg 2209, eff 6-27-02 ; Amended at 24 Ok Reg 1044, eff 6-1-07 ; Amended at 30 Ok Reg 839, eff 7-1-13

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