Okla. Admin. Code § 340:75-19-14

OKLAHOMA ADMINISTRATIVE CODE

TITLE 340. DEPARTMENT OF HUMAN SERVICES

CHAPTER 75. CHILD WELFARE

SUBCHAPTER 19. WORKING WITH INDIAN CHILDREN


340:75-19-14. Placement preferences for Indian children


(a) The Federal and State Indian Child Welfare Acts (ICWA) establish an order of placement preferences for foster care, pre-adoptive, and adoptive placements for Indian children. These placement preferences are in order of most preferable to least preferable. The order of placement preferences for foster and pre-adoptive placements differs from the order of placement preferences for adoptive placements. The State ICWA establishes placement preferences prior to adjudication.


(b) Indian children in foster care or pre-adoptive placements are placed in the least restrictive, most family-like setting. The child is placed in reasonable proximity to the child's home, taking into account any special needs of the child. Indian children in foster care or pre-adoptive placements are placed in the following order of preference, absent good cause to the contrary:


(1) a member of the Indian child's extended family;


(2) a foster resource home licensed, approved, or specified by the Indian child's tribe;


(3) an Indian foster resource home licensed or approved by an authorized non-Indian licensing authority; or


(4) an institution for children approved by an Indian tribe or operated by an Indian organization which has a program suitable to meet the Indian child's needs.


(c) Indian children in adoptive placements are placed in the following order of preference, absent good cause to the contrary:


(1) a member of the child's extended family;


(2) other members of the Indian child's tribe; or


(3) other Indian families.


(d) Tribes may establish their own order of preference by tribal resolution, which may differ from those set out in the Federal ICWA. Tribes who have Tribal/State Agreements for Foster Care set out their order of preference in the Agreement.


(e) Pursuant to Section 40.6 of Title 10 of the Oklahoma Statutes DHS utilizes to the maximum extent possible the services of the Indian child's tribe in securing placement consistent with the State and Federal ICWA.


(f) The court may find good cause to modify the placement preferences when:


(1) requested by the biological parents or the child when the child is of sufficient age;


(2) the child has extraordinary physical or emotional needs as established by the testimony of a qualified expert witness; or


(3) after a diligent search has been conducted for families meeting the preference criteria, suitable families for placement are not available.




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

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