Oklahoma § 10-40.4 - Indian child custody proceedings – Notice

§ 10-40.4. Indian child custody proceedings – Notice

A. In all Indian child custody proceedings of the Oklahoma

Indian Child Welfare Act, including voluntary court proceedings and

review hearings, the court shall ensure that the district attorney

or other person initiating the proceeding shall send notice to the

parents or to the Indian custodians, if any, and to the tribe that

is or may be the tribe of the Indian child, and to the appropriate

Bureau of Indian Affairs area office, by certified mail return

receipt requested, except as provided by subsection B of this

section. The notice shall be written in clear and understandable

language and include the following information:

Oklahoma Statutes - Title 10. Children

1. The name and tribal affiliation of the Indian child;

2. A copy of the petition by which the proceeding was

initiated;

3. A statement of the rights of the biological parents or

Indian custodians, and the Indian tribe:

a.

to intervene in the proceeding,

b.

to petition the court to transfer the proceeding to

the tribal court of the Indian child, and

c.

to request an additional twenty (20) days from receipt

of notice to prepare for the proceeding; further

extensions of time may be granted with court approval;

4. A statement of the potential legal consequences of an

adjudication on the future custodial rights of the parents or Indian

custodians;

5. A statement that if the parents or Indian custodians are

unable to afford counsel, counsel will be appointed to represent

them; and

6. A statement that tribal officials should keep confidential

the information contained in the notice.

B. Notice of review hearings shall be sent, via regular firstclass mail, to the tribe of the Indian child unless the tribe is

present at the time the review hearing is set and consents to the

date of the review. A tribe's right to notice under this section is

not dependent on intervention into the case. The notice shall be

evidenced by filing a certificate of mailing prior to the review

hearing.

Added by Laws 1982, c. 107, § 5, emerg. eff. April 6, 1982. Amended

by Laws 1994, c. 30, § 3, eff. Sept 1, 1994; Laws 2006, c. 136, § 2,

eff. Nov. 1, 2006; Laws 2017, c. 81, § 1, eff. Nov. 1, 2017.