Okla. Stat. tit. 10, § 10-40.4
This is the official text of Okla. Stat. tit. 10, § 10-40.4, part of Oklahoma’s Stat. tit. 10, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 10,." Browse the sections below, each linked to its official government source.
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Indian child custody proceedings – Notice
Official statutory text
A. In all Indian child custody proceedings of the Oklahoma
Indian Child Welfare Act, including voluntary court proceedings and
review hearings, the court shall ensure that the district attorney
or other person initiating the proceeding shall send notice to the
parents or to the Indian custodians, if any, and to the tribe that
is or may be the tribe of the Indian child, and to the appropriate
Bureau of Indian Affairs area office, by certified mail return
receipt requested, except as provided by subsection B of this
section. The notice shall be written in clear and understandable
language and include the following information:
Oklahoma Statutes - Title 10. Children Page 41
1. The name and tribal affiliation of the Indian child;
2. A copy of the petition by which the proceeding was
initiated;
3. A statement of the rights of the biological parents or
Indian custodians, and the Indian tribe:
a. to intervene in the proceeding,
b. to petition the court to transfer the proceeding to
the tribal court of the Indian child, and
c. to request an additional twenty (20) days from receipt
of notice to prepare for the proceeding; further
extensions of time may be granted with court approval;
4. A statement of the potential legal consequences of an
adjudication on the future custodial rights of the parents or Indian
custodians;
5. A statement that if the parents or Indian custodians are
unable to afford counsel, counsel will be appointed to represent
them; and
6. A statement that tribal officials should keep confidential
the information contained in the notice.
B. Notice of review hearings shall be sent, via regular first-
class mail, to the tribe of the Indian child unless the tribe is
present at the time the review hearing is set and consents to the
date of the review. A tribe's right to notice under this section is
not dependent on intervention into the case. The notice shall be
evidenced by filing a certificate of mailing prior to the review
hearing.
Indian Child Welfare Act, including voluntary court proceedings and
review hearings, the court shall ensure that the district attorney
or other person initiating the proceeding shall send notice to the
parents or to the Indian custodians, if any, and to the tribe that
is or may be the tribe of the Indian child, and to the appropriate
Bureau of Indian Affairs area office, by certified mail return
receipt requested, except as provided by subsection B of this
section. The notice shall be written in clear and understandable
language and include the following information:
Oklahoma Statutes - Title 10. Children Page 41
1. The name and tribal affiliation of the Indian child;
2. A copy of the petition by which the proceeding was
initiated;
3. A statement of the rights of the biological parents or
Indian custodians, and the Indian tribe:
a. to intervene in the proceeding,
b. to petition the court to transfer the proceeding to
the tribal court of the Indian child, and
c. to request an additional twenty (20) days from receipt
of notice to prepare for the proceeding; further
extensions of time may be granted with court approval;
4. A statement of the potential legal consequences of an
adjudication on the future custodial rights of the parents or Indian
custodians;
5. A statement that if the parents or Indian custodians are
unable to afford counsel, counsel will be appointed to represent
them; and
6. A statement that tribal officials should keep confidential
the information contained in the notice.
B. Notice of review hearings shall be sent, via regular first-
class mail, to the tribe of the Indian child unless the tribe is
present at the time the review hearing is set and consents to the
date of the review. A tribe's right to notice under this section is
not dependent on intervention into the case. The notice shall be
evidenced by filing a certificate of mailing prior to the review
hearing.
Status: in_force · Read it on the official government site
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