Library: Policy

340:75-19-8. Identification of an Indian child

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Revised 9-15-16

(a) The Oklahoma Indian Child Welfare Act (OICWA) per Section 40.3(C) of Title 10 of the Oklahoma Statutes (10 O.S. §§ 40.3(C) 1-3) requires the state court to seek a determination of the child's Indian status when the:

(1) court is 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;

(2) child who is the subject of the proceeding gives the court reason to believe he or she is an Indian child; or

(3) court has reason to believe the child's residence or domicile is within a predominantly Indian community.

(b) The court seeks verification of the Indian status of the child from the Indian tribe.The determination of membership by the Indian tribe is conclusive.

INSTRUCTIONS TO STAFF 340:75-19-8

Revised 9-16-21

1. The child welfare (CW) specialist, in an attempt to determine the applicability of the Federal and State Indian Child Welfare Act:

(1) inquires at the earliest opportunity about the possible Indian status of each child receiving CW services.  Sources of potential information include, but are not limited to:

(A) the reporting party;

(B) Oklahoma Human Services  (OKDHS) records;

(C) the OKDHS Information Management System (IMS);

(D) the child's parents and extended family;

(E) tribe(s); and

(F) the Bureau of Indian Affairs (BIA);

(2) when the tribe is known or suspected, notifies the appropriate Indian child welfare program of OKDHS involvement with an Indian child at the earliest opportunity;

(3) submits Form 04TB002E, Letter to Verify Tribal Membership or Eligibility and Extended Family, by certified mail, return receipt requested, to the tribe or the BIA when the tribe is unknown or uncertain;

(4) when a response is not received within six weeks of the original request, submits a second Form 04TB002E by certified mail, return receipt requested, marked "second request"; and

(5) provides the response from the tribe or the BIA to the court for filing that indicates whether the child is a tribal member or eligible for tribal membership.