Okla. Admin. Code § 340:75-19-8

OKLAHOMA ADMINISTRATIVE CODE

TITLE 340. DEPARTMENT OF HUMAN SERVICES

CHAPTER 75. CHILD WELFARE

SUBCHAPTER 19. WORKING WITH INDIAN CHILDREN


340:75-19-8. Identification of an Indian child


(a) At the earliest opportunity, the Child Welfare (CW) worker inquires about possible Indian heritage of all children for whom services are provided. This information is documented in the record.


(b) The Oklahoma Indian Child Welfare Act (OICWA) requires the state court to make a determination of the Indian status of a child when:


(1) the court is told by an interested party, an officer of the court, a tribe, an Indian organization, or a public or private agency;


(2) the child who is the subject of the proceeding gives the court reason to believe he is an Indian child; or


(3) the court has reason to believe the child resides in an Indian community.


(c) The court seeks verification of the Indian status of the child from the Indian tribe or the Bureau of Indian Affairs (BIA). The determination by the Indian tribe is conclusive. The BIA determination is conclusive in the absence of a contrary determination by the Indian tribe.


  


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

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