SECTION 340:75-19-8. Identification of an Indian child

(a)   The Oklahoma Indian Child Welfare Act (OICWA) per Section 40.3(C) of Title 10 of the Oklahoma Statutes (10 O.S. § 40.3(C) 1-3) requires the state court to seek a determination of the child's Indian status when the:

(1)   court is 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;

(2)   child who is the subject of the proceeding gives the court reason to believe he or she is an Indian child; or

(3)   court has reason to believe the child's residence or domicile is within a predominantly Indian community.

(b)   The court seeks verification of the Indian status of the child from the Indian tribe. The determination of membership by the Indian tribe is conclusive.

[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]