status.
A. The Oklahoma Indian Child Welfare Act, in accordance with the federal Indian Child Welfare Act, applies to all child custody proceedings involving any Indian child except the following: 1. A child custody proceeding arising from a divorce proceeding; or 2. A child custody proceeding arising from an adjudication of delinquency, unless there has been a request for termination of parental rights. 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. C. The court shall seek a determination of the Indian status of the child in accordance with the preceding standard in the following circumstances: 1. The court has been informed by an interested party, an officer of the court, a tribe, an Indian organization or a public or private agency that the child is Indian; or 2. The child who is the subject of the proceeding gives the court reason to believe he is an Indian child; or 3. The court has reason to believe the residence or domicile of the child is a predominantly Indian community. 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. E. The determination of the Indian status of a child shall be made as soon as practicable in order to ensure compliance with the notice requirements of Section 40.4 of this title. Added by Laws 1982, c. 107, § 4, emerg. eff. April 6, 1982. Amended by Laws 1994, c. 30, § 2, eff. Sept 1, 1994.
Notes of Decisions
Matter of Adoption of DMJ, 741 P.2d 1386 (Okla. 1985).
· cites it 2× “NOTES [1] That the adoptive mother-appellee is one-fourth Cherokee is of no legal significance to these proceedings. [2] 25 U.S.C. §§ 1901-1963 . [3] 10 O.”
Johnson v. Howard, 741 P.2d 1386 (Okla. 1985).
· cites it 2× “10 O.S.Supp.1984 § 40.3. . 25 U.S.C. § 1912 (a).”
Matter of Adoption of Baby Boy W., 831 P.2d 643 (Okla. 1992).
· cites it 2× “§ 1911 ; Okla. Stat. tit. 10, § 40.3 . There is no evidence in the record, and the appellant does not argue, that either he, the mother, or the child is a member of an Indian tribe.”
In re A.J.S., 204 P.3d 543 (Kan. 2009).
“2d 147, 151 (Iowa 2005); Okla. Stat. tit. 10, § 40.3 (2001). In South Dakota, the court merely recognized that the existing Indian family doctrine was inconsistent with ICWA’s motivating impulse and the United States Supreme Court’s decision in Holyfield .”
In re Js, 2008 OK CIV APP 15, 177 P.3d 590.
“10 O.S.2001 § 40.3(B); Cherokee Nation v.”
In re N.B., 199 P.3d 16 (Colo. Ct. App. 2007).
“Okla. Stat. tit. 10, § 40.3 (2001); Wash.”
In the Matter of I.T.S., 2021 OK 38, 490 P.3d 127.
· cites it 2× “" See 10 O.S.2011 § 40.3(A)(1)-(2). 12 ICWA defines "Secretary" as "Secretary of the Interior.”
In re Nb, 199 P.3d 16 (Colo. Ct. App. 2007).
“Okla. Stat. tit. 10, § 40.3 (2001); Wash.”
Stephens v. State, 2008 OK CIV APP 15, 177 P.3d 590.
“10 O.S.2001 § 40.3(B); Cherokee Nation v.”
In re Adoption of RLA, 2006 OK CIV APP 138, 147 P.3d 306.
· cites it 3× “" ¶ 11 The Legislature has provided in the OICWA that with the exceptions of "[a] child custody proceeding arising from a divorce proceeding," 10 O.S.2001 § 40.3(A)(1), or one from an adjudication of delinquency "unless there has been a request for termination of parental…”
Okla. Stat. tit. 10, § 40.3(A): 4 cases
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.S.C. §§ 1901-1963 . [3] 10 O.”
Johnson v. Howard, 741 P.2d 1386 (Okla. 1985).
“10 O.S.Supp.1984 § 40.3. . 25 U.S.C. § 1912 (a).”
Okla. Stat. tit. 10, § 40.3(A)(1): 2 cases
In the Matter of I.T.S., 2021 OK 38, 490 P.3d 127.
“" See 10 O.S.2011 § 40.3(A)(1)-(2). 12 ICWA defines "Secretary" as "Secretary of the Interior.”
In re Adoption of RLA, 2006 OK CIV APP 138, 147 P.3d 306.
“" ¶ 11 The Legislature has provided in the OICWA that with the exceptions of "[a] child custody proceeding arising from a divorce proceeding," 10 O.S.2001 § 40.3(A)(1), or one from an adjudication of delinquency "unless there has been a request for termination of parental…”
Okla. Stat. tit. 10, § 40.3(A)(2): 1 case
In re Adoption of RLA, 2006 OK CIV APP 138, 147 P.3d 306.
“" ¶ 11 The Legislature has provided in the OICWA that with the exceptions of "[a] child custody proceeding arising from a divorce proceeding," 10 O.S.2001 § 40.3(A)(1), or one from an adjudication of delinquency "unless there has been a request for termination of parental…”
Okla. Stat. tit. 10, § 40.3(B): 4 cases
In re Js, 2008 OK CIV APP 15, 177 P.3d 590.
“10 O.S.2001 § 40.3(B); Cherokee Nation v.”
In the Matter of I.T.S., 2021 OK 38, 490 P.3d 127.
“" See 10 O.S.2011 § 40.3(A)(1)-(2). 12 ICWA defines "Secretary" as "Secretary of the Interior.”
Stephens v. State, 2008 OK CIV APP 15, 177 P.3d 590.
“10 O.S.2001 § 40.3(B); Cherokee Nation v.”
In re Adoption of RLA, 2006 OK CIV APP 138, 147 P.3d 306.
“" ¶ 11 The Legislature has provided in the OICWA that with the exceptions of "[a] child custody proceeding arising from a divorce proceeding," 10 O.S.2001 § 40.3(A)(1), or one from an adjudication of delinquency "unless there has been a request for termination of parental…”
Okla. Stat. tit. 10, § 40.3(D)(E): 1 case
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