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Okla. Admin. Code § 340:75-19-10

OKLAHOMA ADMINISTRATIVE CODE

TITLE 340. DEPARTMENT OF HUMAN SERVICES

CHAPTER 75. CHILD WELFARE

SUBCHAPTER 19. WORKING WITH INDIAN CHILDREN


340:75-19-10. Emergency removal of Indian children


(a) Under the Federal and State Indian Child Welfare Act (Acts), emergency removal of an Indian child from the parents or Indian custodian is allowed only in order to prevent imminent physical injury or harm to the child.


(b) Pre-adjudicatory custody orders under the Indian Child Welfare Act (ICWA) are time-limited. A pre-adjudicatory custody order cannot remain in effect for more than 30 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 days.


(c) The Federal Act allows the state to remove an Indian child who normally resides on tribal land but is temporarily located on state land for a limited emergency basis in order to prevent imminent physical damage or harm to the child. Section 1922 of Title 25 of the United States Code and Section 40.5 of Title 10 of the Oklahoma Statutes require that emergency custody is terminated when it is no longer necessary to prevent imminent physical injury or harm. The court order authorizing such emergency removal must be accompanied by an affidavit which includes:


(1) the names, tribal affiliations, and addresses of the Indian child, the parents of the Indian child, and Indian custodians;


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


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


  


[Source: Added at 19 Ok Reg 2209, eff 6-27-02]