ICWA Guide Online | Resources by State  | Oklahoma  | Regulations
Federal Resources | Resources by State

Okla. Admin. Code § 340:75-19-3

OKLAHOMA ADMINISTRATIVE CODE

TITLE 340. DEPARTMENT OF HUMAN SERVICES

CHAPTER 75. CHILD WELFARE

SUBCHAPTER 19. WORKING WITH INDIAN CHILDREN


340:75-19-3. Definitions


The following words and terms, when used in this Subchapter, have the following meaning unless the context clearly indicates otherwise:


"BIA" means the Bureau of Indian Affairs.


"Child custody proceeding" means any proceeding regarding child custody under the Federal and State Acts, including:


(A) "Adoptive placement" means the permanent placement of an Indian child for adoption, including any action which results in a final decree of adoption by the parent or Indian custodian for temporary placement prior to termination.


(B) "Foster care placement" means any action which removes an Indian child from the parent or Indian custodian for temporary placement in a foster home or institution, where parental rights have not been terminated.


(C) "Preadoptive placement" means the temporary placement of an Indian child in a foster home or institution after the termination of parental rights, but prior to or in lieu of an adoptive placement.


(D) "Termination of parental rights" means any action which results in the termination of the parent-child relationship.


"Extended family member" means any person as defined by the law or custom of the Indian child's tribe, or, in absence of such law or custom, a person who is at least 18 years of age and is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent.


"Federal Act" means the Federal Indian Child Welfare Act. The Federal Indian Child Welfare Act is also referred to by its acronym, FICWA.


"Indian" means any person who is a member of an Indian tribe.


"Indian child" means any unmarried or unemancipated person who is under the age of 18 and either:


(A) a member of an Indian tribe; or


(B) eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe.


"Indian child's tribe" means:


(A) the Indian tribe in which an Indian child is a member or eligible for membership; or


(B) the Indian tribe with which the Indian child has the more significant contacts if the Indian child is eligible for membership in more than one tribe.


"Indian custodian" means any Indian person who has legal custody of an Indian child under tribal law or custom or under state law or to whom temporary physical care, custody and control has been transferred by the parent of the child.


"Indian tribe" means any Indian tribe, band, nation, or other organized group or community of Indians that have federal recognition.


"MOU" means the acronym for Memorandum of Understanding.


"Parent" means any biological or adoptive parent, including adoption by tribal law or custom, of an Indian child, not to include an unwed father where paternity has not been acknowledged or established.


"Secretary" means the Secretary of the Interior.


"State Act" refers to the Oklahoma Indian Child Welfare Act. The Oklahoma Indian Child Welfare Act is also referred to by its acronym OICWA.


"Tribal court" means a court with jurisdiction over child custody proceedings and is either a Court of Indian Offenses, a court established and operated under the code or custom of an Indian tribe, or any other administrative body of a tribe which has authority over child custody proceedings.


"Tribal land" means Indian country as defined in Section 1151 of Title 18 and any lands, not covered under such section, title to which is either held by the United States in trust for the benefit of any Indian tribe or individual or held by any Indian tribe or individual subject to a restriction by the United States against alienation. This land may also be referred to as "trust land." Tribal land is under the jurisdiction of either the federal government or an Indian tribe. The state does not usually have jurisdiction over tribal land.


  


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