Oklahoma Department of Human Services skip navigationOKDHS Header Image with Agency Logo OK.gov - Oklahoma’s Official Web site
Oklahoma Department of Human Services
Sequoyah Memorial Office Building, 2400 N. Lincoln Blvd. • Oklahoma City, OK 73105
(405) 521-3646 • Fax (405) 521-6684 • Internet: www.okdhs.org
OKDHS Home > Library > Policy > OAC 340 > Chapter 75. Child Welfare > 19. Working With Indian Children > 5. Jurisdiction
340:75-19-5. Jurisdiction
<< Back 
|
Next >>

Issued 6-27-02


     Tribal courts have exclusive jurisdiction over any child custody proceeding involving an Indian child who resides within the reservation of such tribe.  The tribal court shares concurrent jurisdiction with the state court in state court proceedings for foster care placement of, or termination of parental rights to, an Indian child not residing within the reservation of the Indian child's tribe.  The tribe may request transfer of state court proceedings to tribal court.   • 1

INSTRUCTIONS TO STAFF 340:75-19-5

1.  If a request for transfer to tribal court is made, the Child Welfare (CW) worker staffs the case with the CW supervisor and then the district attorney to determine if good cause exists to request that transfer be denied.  After termination of parental rights occurs, the child custody proceeding is no longer defined as either a foster care placement proceeding or a termination of parental rights, and transfer is not addressed under the Indian Child Welfare Act (ICWA).  Objections may be made to request for transfer to tribal court after termination of parental rights.
<< Back
|
Next >>
Oklahoma Department of Human Services
Street address: Sequoyah Memorial Office Building, 2400 N. Lincoln Blvd., Oklahoma City, OK 73105
Mailing address: P.O. Box 25352, Oklahoma City, OK 73125
(405) 521-3646
Help | Web site Policies | Feedback | Accessibility | 2-1-1 Oklahoma | JOIN