SECTION 340:75-19-23. Adoptive placement of the Indian child

(a)   Adoptive placement preference for the Indian child. Adoptive placements are defined by the Federal Indian Child Welfare Act (ICWA) as the permanent placement of the Indian child for adoption, including any action resulting in a final decree of adoption. ICWA establishes an order of placement preference for the Indian child in an adoptive placement. Unless the court finds good cause to deviate from the ICWA-specified, placement preference, or the Indian child's tribe has established by resolution a different order of specified preference, Section 1915 of Title 25 of the United States Code (25 U.S.C. § 1915) requires that Indian children in adoptive placement are placed in descending order:

(1)   a member of the child's extended family;

(2)   other members of the Indian child's tribe; or

(3)   members of other Indian families.

(b)   Standards applied to adoptive placement preference. The criteria for the placement of the Indian child, per 25 U.S.C. §1915(d) includes consideration of the prevailing social and cultural standards of the Indian community in which the parent or extended family resides or in which the parent or extended family members maintain social and cultural ties. The court, where appropriate, considers the preference of the Indian child or parent.

(c)   Adoptive placement with non-Indian family. Adoptive placement in a non-Indian resource is considered only after the Oklahoma Department of Human Services determines, no:

(1)   extended family are available for adoptive placement;

(2)   Indian families of the child's tribe are available for adoptive placement; and

(3)   Indian families of other tribes are available for adoptive placement.

(d)   Good cause hearing required prior to placement in non-family or non-Indian resource. Prior to the adoptive placement of the Indian child in a placement that deviates from the preference order, the court must conduct a hearing to determine if good cause exists to deviate from the adoptive placement preference order.

[Source: Added at 19 Ok Reg 2209, eff 6-27-02; Amended at 30 Ok Reg 839, eff 7-1-13; Amended at 33 Ok Reg 1635, eff 9-15-16]