Okla. Admin. Code § 1:2013-37

Current through Vol. 42, No. 3, October 15, 2024

Section 1:2013-37

WHEREAS, in 2012, the People of Oklahoma, through Ballot Question No. 765, voted overwhelmingly in support of repealing sections of the Oklahoma Constitution relating to the Department of Public Welfare and granted the Legislature the authority to create a department to provide for public welfare;

WHEREAS, Chapter 7 of Title 56 of the Oklahoma Statutes, the Oklahoma Legislature replaced the Department of Public Welfare with the Oklahoma Department of Human Services and delegated authority over the Oklahoma Department of Human Services to the office of the Governor;

WHEREAS, the Oklahoma Legislature, at 10A O.S. § 1-1-102(A)(3), has found that the State has an interest in its present and future citizens as well as a duty to protect those who, because of age, are unable to protect themselves.

WHEREAS, the Oklahoma Legislature, at 10 O.S. § 40.1, recognized Indian tribes and nations have an interest in the welfare of Indian children and stated the policy of the State shall be to cooperate fully with Indian tribes in Oklahoma in order to ensure that the intent and provisions of the federal Indian Child Welfare Act are enforced;

WHEREAS, in 1994 and 2003 the State of Oklahoma entered into a Memorandum of Understanding with federally recognized Tribal Nations within Oklahoma, United States Attorney's offices for the Eastern, Northern, and Western Districts of Oklahoma, Federal Bureau of Investigation, and the Bureau of Indian Affairs for reporting and investigating child abuse in Indian Country.

NOW THERFORE, I, Mary Fallin, Governor of the State of Oklahoma, by the authority vested in me pursuant to Sections 1 and 2 of Article VI of the Oklahoma Constitution, hereby direct Ed Lake, Director of the Oklahoma Department of Human Services, as follows:

(1) Work collaboratively and collectively when able for the benefit of all children of both sovereigns;

(2) Share any and all information relating to reports and investigations of child abuse to the extent allowable by federal, state, and tribal law;

(3) Maintain open channels of communications between State and Tribal child welfare departments;

(4) Adhere to any and all Tribal-State Child Welfare agreements that have been or will be properly executed and agreed to by each sovereign.

IN WITNESS WHEREOF, I have set my hand and caused the Great Seal of the State of Oklahoma to be affixed at Oklahoma City, Oklahoma, this 12th day of November, 2013.

BY THE GOVERNOR OF THE STATE OF OKLAHOMA

Mary Fallin

ATTEST:

Chris Benge

Secretary of State

Okla. Admin. Code § 1:2013-37

Added at 31 Ok Reg 227, eff 12-13-13