The purpose of the Oklahoma Indian Child Welfare Act is the clarification of state policies and procedures regarding the implementation by the State of Oklahoma of the federal Indian Child Welfare Act, P.L. 95-608. It shall be the policy of the state to recognize that Indian tribes and nations have a valid governmental interest in Indian children regardless of whether or not said children are in the physical or legal custody of an Indian parent or Indian custodian at the time state proceedings are initiated. It shall be the policy of the state to cooperate fully with Indian tribes in Oklahoma in order to ensure that the intent and provisions of the federal Indian Child Welfare Act are enforced. Added by Laws 1982, c. 107, § 2, emerg. eff. April 6, 1982. Amended by Laws 1994, c. 30, § 1, eff. Sept 1, 1994.
Notes of Decisions
Cited in
26
cases (
3 in the last 5 years), 1985–2025 · leading case:
In the Matter of M.K.T., 2016 OK 4 (Okla. 2016).
In the Matter of M.K.T., 2016 OK 4 (Okla. 2016).
· cites it 12× “, 35 and noted a legislative amendment to 10 O.S. § 40.1 36 when we explained that Indian tribes and nations have a valid governmental interest in Indian children and a continued cultural relationship between the child and that child's tribe.”
State v. Pigg, 368 P.3d 771 (Okla. 2016).
· cites it 2× “2011 § 40.6: "The placement preferences specified in 25 U.”
In Re the Guardianship of Q.G.M., 808 P.2d 684 (Okla. 1991).
· cites it 4× “" Title 10 O.S.Supp.1982 § 40.1 provides: "The purpose of the Oklahoma Indian Child Welfare Act is the clarification of state policies and procedures regarding the implementation by the State of Oklahoma of the Federal Indian Child Welfare Act, P.”
In Re Js, 2008 OK CIV APP 15 (Okla. Civ. App. 2008).
· cites it 2× “Section 1912(d) of ICWA provides that: Any party seeking to effect a foster care placement of, or termination of parental rights to, an Indian child under State law shall satisfy the court that active efforts have been made to provide remedial services and rehabilitative…”
Matter of Adoption of DMJ, 741 P.2d 1386 (Okla. 1985).
“NOTES [1] That the adoptive mother-appellee is one-fourth Cherokee is of no legal significance to these proceedings. [2] 25 U.”
Johnson v. Howard, 741 P.2d 1386 (Okla. 1985).
“10 O.S.Supp.1984 § 40.1. . 10 O.S.Supp.1984 § 40.”
In the Matter of I.T.S., 2021 OK 38 (Okla. 2021).
· cites it 3× “10 When ICWA applies, the Oklahoma Indian Child Welfare Act (OICWA), 10 O.S.2011 §§ 40.1, et seq. , also applies.”
Matter of Adoption of R.R.R., 763 P.2d 94 (Okla. 1988).
“) 22 The policy under the Oklahoma Indian Child Welfare Act, 10 O.S.Supp.1982 § 40.1, is to fully cooperate with Indian tribes in order to ensure that provisions of the Federal Indian Child Welfare Act, 25 U.”
Stephens v. State, 177 P.3d 590 (Okla. Civ. App. 2008).
· cites it 2× “When ICWA applies, the Oklahoma Indian Child Welfare Act, 10 O.S.2001 § 40.1, et seq. (OICWA), also applies.”
In Re Hj, 2006 OK CIV APP 153 (Okla. Civ. App. 2006).
“" 10 O.S.2001 § 40.1. The federal Indian Child Welfare Act of 1978, 25 U.”
Matter of Adoption of RRR, 763 P.2d 94 (Okla. 1988).
“) [22] The policy under the Oklahoma Indian Child Welfare Act, 10 O.S.Supp. 1982 § 40.1, is to fully cooperate with Indian tribes in order to ensure that provisions of the Federal Indian Child Welfare Act, 25 U.”
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