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

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

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Issued 6-27-02

(a) At the earliest opportunity, the Child Welfare (CW) worker inquires about possible Indian heritage of all children for whom services are provided. This information is documented in the record. • 1 through 4

(b) The Oklahoma Indian Child Welfare Act (OICWA) requires the state court to make a determination of the Indian status of a child when:

(1) the court is told by an interested party, an officer of the court, a tribe, an Indian organization, or a public or private agency;
(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 child resides in an Indian community.

(c) The court seeks verification of the Indian status of the child from the Indian tribe or the Bureau of Indian Affairs (BIA). The determination by the Indian tribe is conclusive. The BIA determination is conclusive in the absence of a contrary determination by the Indian tribe. • 5 & 6

INSTRUCTIONS TO STAFF 340:75-19-8

1. The Child Welfare (CW) worker makes every effort to identify the Indian heritage of children receiving CW services. Sources of information include the reporting party, DHS records, the IMS system, the child's parents and extended family, tribe(s), and the Bureau of Indian Affairs (BIA).

2. When the tribe is known or suspected, the Department notifies, at the earliest opportunity, the appropriate tribal CW program of involvement with an Indian child.

3. The CW worker submits a written request on Form DCFS-59 (new form number 04TB002E), Letter to Verify Tribal Membership or Eligibility and Extended Family by certified mail, return receipt requested, to the tribe(s) or the BIA if the tribe(s) is unknown or uncertain.

4. If a response is not received within six weeks of the original request, a second Form DCFS-59 (new form number 04TB002E) is sent by certified mail, return receipt requested, marked "second request."

5. After receiving the response from the tribe or the BIA either confirming or refuting membership or eligibility for membership, the local worker requests the court at the next review to issue a ruling as to the applicability of the Indian Child Welfare Act (ICWA).

6. If there is not a response to the second request, the CW worker documents the efforts made to determine the applicability of the Federal ICWA and asks the court to issue a finding affirming the Federal ICWA does or does not apply based upon the best available information.

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