SECTION 340:75-19-12. Adjudication of an Indian child

(a)   Time restriction for pre-adjudicatory custody of the Indian child. Per the Oklahoma Indian Child Welfare Act (OICWA), Section 40.5 of Title 10 of the Oklahoma Statutes, the maximum time period for pre-adjudicatory custody of the Indian child is 90-calendar days.

(b)   Standards of evidence for deprived adjudication of the Indian child. Adjudication of an Indian child per Section 1912(e) of Title 25 of the United States Code requires a determination, by the court supported by clear and convincing evidence, including testimony of a qualified expert witness, that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage or harm to the child.

(c)   Demonstration of active efforts. A party petitioning a state court for foster care placement of an Indian child must demonstrate to the court that active efforts were made to prevent removal of the child from the parent or Indian custodian and those efforts were unsuccessful.

[Source: Added at 19 Ok Reg 2209, eff 6-27-02; Amended at 33 Ok Reg 1635, eff 9-15-16]