Okla. Stat. § 40.6

Oklahoma Statutes

Title 10. Children

Chapter 1B. Indian Child Welfare Act

§ 40.6. Placement preference

The placement preferences specified in 25 U.S.C. Section 1915, shall apply to all preadjudicatory placements, as well as preadoptive, adoptive and foster care placements. In all placements of an Indian child by the Oklahoma Department of Human Services (DHS), or by any person or other placement agency, DHS, the person or placement agency shall utilize to the maximum extent possible the services of the Indian tribe of the child in securing placement consistent with the provisions of the Oklahoma Indian Child Welfare Act. [FN1] This requirement shall include cases where a consenting parent evidences a desire for anonymity in the consent document executed pursuant to Section 60.5 of this title. [FN2] If a request for anonymity is included in a parental consent document, the court shall give weight to such desire in applying the preferences only after notice is given to the child's tribe and the tribe is afforded twenty (20) days to intervene and request a hearing on available tribal placement resources which may protect parental confidentiality, provided that notice of such hearing shall be given to the consenting parent.


Laws 1982, c. 107, § 7, eff. April 6, 1982; Laws 1994, c. 30, § 4, emerg. eff. Sept. 1, 1994.

[FN1] Title 10, § 40 et seq.

[FN2] Renumbered as Title 10, § 7503-2.1.

Home  |   Search  |   Disclaimer  |   Privacy Statement  |   Site Map