Oklahoma § 10-40.3

§ 10-40.3.

status.

Application of act - Exemptions - Determination of Indian

Oklahoma Statutes - Title 10. Children

"India

A. The Oklahoma Indian Child Welfare Act, in accordance with

the federal Indian Child Welfare Act, 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.

Added by Laws 1982, c. 107, § 4, emerg. eff. April 6, 1982. Amended

by Laws 1994, c. 30, § 2, eff. Sept 1, 1994.