Oklahoma § 10-40.5 - Emergency removal of Indian child from parent or

§ 10-40.5. Emergency removal of Indian child from parent or

custodian - Order.

A. When a court order authorizes the emergency removal of an

Indian child from the parent or Indian custodian of such child in

accordance with 25 U.S.C. Section 1922, the order shall be

accompanied by an affidavit containing the following information:

1. The names, tribal affiliations, and addresses of the Indian

child, the parents of the Indian child and Indian custodians, if

any;

2. A specific and detailed account of the circumstances that

lead the agency responsible for the removal of the child to take

that action; and

3. A statement of the specific actions that have been taken to

assist the parents or Indian custodians so that the child may safely

be returned to their custody.

B. No pre-adjudicatory custody order shall remain in force or

in effect for more than thirty (30) days without a determination by

Oklahoma Statutes - Title 10. Children

the court, supported by clear and convincing evidence and the

testimony of at least one qualified expert witness, that custody of

the child by the parent or Indian custodian is likely to result in

serious emotional or physical damage to the child. However, the

court may, for good and sufficient cause shown, extend the effective

period of such order for an additional period of sixty (60) days.

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