Okla. Admin. Code § 340:75-19-11

OKLAHOMA ADMINISTRATIVE CODE

TITLE 340. DEPARTMENT OF HUMAN SERVICES

CHAPTER 75. CHILD WELFARE

SUBCHAPTER 19. WORKING WITH INDIAN CHILDREN


340:75-19-11. Notice and appointment of counsel


(a) Both the Federal and State Indian Child Welfare Act (ICWA) address procedures for notice to Indian tribes of voluntary and involuntary child custody proceedings, including review hearings, involving Indian children. The State ICWA requires that the state court ensure that the initiating party, usually the district attorney send notice to the parents, Indian custodians, child's tribe, and the appropriate Bureau of Indian Affairs office [10 O.S. § 40.4] The notice is sent by registered mail, return receipt requested.


(b) The notice is written in clear and understandable language and includes:


(1) the name and tribal affiliation of the Indian child;


(2) a copy of the petition;


(3) a statement of the rights of the biological parents or Indian custodians, and the Indian tribe to:


(A) intervene in the proceeding;


(B) petition the court to transfer the proceeding to the tribal court;


(C) request an additional 20-day extension to prepare for the proceeding. The court may approve further extensions of time;


(4) a statement of the potential legal consequences of an adjudication on the future custodial rights of the parents or Indian custodians;


(5) a statement that counsel will be appointed for the parent or custodian if they are unable to afford counsel; and


(6) a statement that tribal officials should keep the information contained in the notice confidential.


(c) Under the Federal ICWA, a proceeding for foster care placement or termination of parental rights is not held until at least ten days after receipt of notice by the parent or Indian custodian and the tribe.


(d) Failure to abide by the appropriate notice provisions may result in invalidation of the state court's action.



[Source: Added at 19 Ok Reg 2209, eff 6-27-02]

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