Okla. Admin. Code § 340:75-19-10

Current through Vol. 42, No. 4, November 1, 2024

Section 340:75-19-10 - Emergency removal of the Indian child

(a)Emergency removal and placement of the Indian child domiciled on but temporarily located off the reservation. Per Section 1922 of Title 25 of the United States Code ( 25 U.S.C. § 1922 ) of the Federal Indian Child Welfare Act, the Indian child who is a resident of or is domiciled on a reservation, but temporarily located off the reservation from his or her parent or Indian custodian is subject to emergency removal and emergency placement in a foster home or institution, under applicable State law, to prevent imminent physical damage or harm to the child. The State authority, official, or agency involved in the emergency removal, as appropriate:

(1) ensures the emergency removal or placement terminates immediately when the removal or placement is no longer necessary to prevent imminent physical damage or harm to the child;

(2) expeditiously initiates a child custody proceeding;

(3) transfers the child to the jurisdiction of the appropriate Indian tribe; or

(4) restores the child to the parent or Indian custodian.

(b)Emergency order removing the Indian child accompanied by affidavit. Per Section 40.5 of Title 10 of the Oklahoma Statutes (10 O.S. § 40.5 ):

(1) when the court order authorizes the emergency removal of the Indian child from the child's parent or Indian custodian in accordance with 25 U.S.C. 211922, the order is accompanied by an affidavit containing:

(A) the names, tribal affiliations, and addresses of the Indian child, the parents of the Indian child, and Indian custodians if any;

(B) a specific and detailed account of the circumstances and the reasons for the removal; and

(C) a statement of the specific actions that have been taken to assist the parents or Indian custodians so that the child may be safely returned to their custody; and

(2) no pre-adjudicatory custody order may remain in force or in effect for more than 30 calendar days without a determination by 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. The court may, for good and sufficient cause shown, extend the emergency custody order for an additional 60 calendar days.

Okla. Admin. Code § 340:75-19-10

Added at 19 Ok Reg 2209, eff 6-27-02; Amended at 30 Ok Reg 839, eff 7-1-13