§ 40.3. Application of act--Exemptions--Determination of Indian status
Oklahoma Statutes AnnotatedTitle 10. Children
10 Okl.St.Ann. § 40.3
§ 40.3. Application of act--Exemptions--Determination of Indian status
A. The Oklahoma Indian Child Welfare Act, in accordance with the federal Indian Child Welfare Act,1 applies to all child custody proceedings involving any Indian child except the following:
B. Except as provided for in subsection A of this section, the Oklahoma Indian Child Welfare Act applies to all state voluntary and involuntary child custody court proceedings involving Indian children, regardless of whether or not the children involved are in the physical or legal custody of an Indian parent or Indian custodian at the time state proceedings are initiated.
D. The court shall seek verification of the Indian status of the child from the Indian tribe or the Bureau of Indian Affairs. A determination of membership by an Indian tribe shall be conclusive. A determination of membership by the Bureau of Indian Affairs shall be conclusive in the absence of a contrary determination by the Indian tribe.
Credits
Laws 1982, c. 107, § 4, emerg. eff. April 6, 1982; Laws 1994, c. 30, § 2, eff. Sept. 1, 1994.
Footnotes
25 U.S.C.A. § 1901 et seq.
10 Okl. St. Ann. § 40.3, OK ST T. 10 § 40.3
Current with emergency effective legislation through Chapter 106 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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