Okla. Stat. » Title 10 — CHILDREN
Oklahoma Statutes

Okla. Stat. tit. 10, § 40.8 (2026)

Payment of foster care expenses under certain

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circumstances. A. In the event the Department of Human Services has legal custody of an Indian child, and that child is placed with a tribally licensed or approved foster home, the state shall pay the costs of foster care in the same manner and to the same extent the state pays the costs of foster care to state-licensed or state-approved foster homes, provided that the tribe shall have entered into an agreement with the state pursuant to Section 8 herein, which shall require tribal cooperation with state plans required by federal funding laws. B. The state shall pay the costs of foster care of a child placed with a tribally licensed or approved foster home where the placement is made by a tribe having jurisdiction of the proceeding, provided that the tribe shall have entered into an agreement with the state pursuant to Section 8 herein, which shall require tribal cooperation with state plans required by federal funding laws. Added by Laws 1982, c. 107, § 9, emerg. eff. April 6, 1982.

Notes of Decisions
Cited in 1 case, 2007–2007 · leading case: Cherokee Nation v. Nomura, 2007 OK 40, 160 P.3d 967.
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Cherokee Nation v. Nomura, 2007 OK 40, 160 P.3d 967. “Under the provisions of 10 O.S. § 40.8, 40.4 and 25 U.S.S. (sic) § 1908 this Court finds that such a proceeding would consti *972 tute a child custody proceeding as defined by both ICWA and OICWA, regardless of whether the proceeding was determined to be voluntary or involuntary.”
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