Okla. Admin. Code § 340:75-19-9

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

Section 340:75-19-9 - Child Protective Services reports of abuse or neglect regarding the Indian child

(a) State jurisdiction does not extend to the Indian child who resides on tribal land. Oklahoma Department of Human Services (OKDHS)reports child abuse or neglect that occurs on tribal land involving an Indian child victim and an Indian or non-Indian perpetrator as addressed in the Memorandum of Understanding (MOU) for Reporting and Investigating Child Abuse Criminal Offenses in Indian Country between the OKDHS, tribal law enforcement and Child Protective Services (CPS) agencies, BIA, United States Attorney's offices for the Western, Northern, and Eastern Districts of Oklahoma, Federal Bureau of Investigation, and Indian Health Services.

(1) The MOU requires that OKDHS notify these entities of reports involving abuse, neglect, or both, of the Indian child that occurs on tribal land.

(2) The MOU provides extensive guidelines for use and contact numbers and addresses for all parties who require notification of CPS reports.

(b) The investigation or assessment of reports of abuseor neglect of a non-Indian child residing or found on tribal land is not within the tribe's jurisdiction. These reports are referred to OKDHS for disposition.

Okla. Admin. Code § 340:75-19-9

Added at 19 Ok Reg 2209, eff 6-27-02; Amended at 22 Ok Reg 854, eff 5-12-05; Amended at 30 Ok Reg 839, eff 7-1-13