Okla. Stat. § 40.3

Oklahoma Statutes

Title 10. Children

Chapter 1B. Indian Child Welfare Act


§ 40.3. Application of act--Exemptions--Determination of Indian status


A. The Oklahoma Indian Child Welfare Act, [FN1] in accordance with the federal Indian Child Welfare Act, [FN2] applies to all child custody proceedings involving any Indian child except the following:


1. A child custody proceeding arising from a divorce proceeding; or


2. A child custody proceeding arising from an adjudication of delinquency, unless there has been a request for termination of parental rights.


B. Except as provided for in subsection A of this section, the Oklahoma Indian Child Welfare Act applies to all state voluntary and involuntary child custody court proceedings involving Indian children, regardless of whether or not the children involved are in the physical or legal custody of an Indian parent or Indian custodian at the time state proceedings are initiated.


C. The court shall seek a determination of the Indian status of the child in accordance with the preceding standard in the following circumstances:


1. The court has been 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; or


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 residence or domicile of the child is a predominantly Indian community.


D. The court shall seek verification of the Indian status of the child from the Indian tribe or the Bureau of Indian Affairs. A determination of membership by an Indian tribe shall be conclusive. A determination of membership by the Bureau of Indian Affairs shall be conclusive in the absence of a contrary determination by the Indian tribe.


E. The determination of the Indian status of a child shall be made as soon as practicable in order to ensure compliance with the notice requirements of Section 40.4 of this title.


CREDIT(S)


Laws 1982, c. 107, § 4, emerg. eff. April 6, 1982; Laws 1994, c. 30, § 2, eff. Sept. 1, 1994.


[FN1] Title 10, § 40 et seq.


[FN2] 25 U.S.C.A. § 1901 et seq.

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