(a) When Child Protective Services (CPS) receives a report involving a child residing on state land who is either identified or believed to be Indian, the investigation or assessment is conducted according to OAC 340:75-3.  The child's tribe is notified and advised of the report and given the opportunity to accompany the Child Welfare (CW) worker on the investigation or assessment.  • 1

(b) When a CPS report is received involving a child known or believed to be Indian and the child is residing on tribal land, the CW worker immediately notifies the tribe of the report to allow the tribe to assess the report and provide appropriate child welfare services.  If there is not a tribal social worker, the referral is made to the appropriate Bureau of Indian Affairs (BIA) office.  State jurisdiction does not extend to an Indian child who is residing on tribal land.

(c) The responsibilities of CW for reporting child abuse or neglect that occurs on tribal land involving an Indian child victim and an Indian or non-Indian perpetrator are addressed in the Memorandum of Understanding (MOU) for Reporting and Investigating Child Abuse Criminal Offenses in Indian Country between the Oklahoma Department of Human Services (OKDHS), tribal law enforcement and CPS agencies, BIA, United States Attorney's offices for the Western, Northern, and Eastern Districts of Oklahoma, Federal Bureau of Investigation (FBI), and Indian Health Services (IHS).  The MOU requires that CW notify these entities of any report involving abuse, neglect, or both, of an Indian child that occurs on tribal land.  The MOU provides extensive guidelines for use and contact numbers and addresses for all parties who require notification of CPS reports.

(d) The investigation or assessment of reports of abuse, neglect, or both, of a non Indian child residing or found on tribal land does not fall under the jurisdiction of the tribe.  These reports are referred to CW for disposition.