Okla. Stat. tit. 10, § 10-40.5
This is the official text of Okla. Stat. tit. 10, § 10-40.5, 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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Emergency removal of Indian child from parent or
Official statutory text
custodian - Order.
A. When a court order authorizes the emergency removal of an
Indian child from the parent or Indian custodian of such child in
accordance with 25 U.S.C. Section 1922, the order shall be
accompanied by an affidavit containing the following information:
1. The names, tribal affiliations, and addresses of the Indian
child, the parents of the Indian child and Indian custodians, if
any;
2. A specific and detailed account of the circumstances that
lead the agency responsible for the removal of the child to take
that action; and
3. A statement of the specific actions that have been taken to
assist the parents or Indian custodians so that the child may safely
be returned to their custody.
B. No pre-adjudicatory custody order shall remain in force or
in effect for more than thirty (30) days without a determination by
Oklahoma Statutes - Title 10. Children Page 42
the court, supported by clear and convincing evidence and the
testimony of at least one qualified expert witness, that custody of
the child by the parent or Indian custodian is likely to result in
serious emotional or physical damage to the child. However, the
court may, for good and sufficient cause shown, extend the effective
period of such order for an additional period of sixty (60) days.
A. When a court order authorizes the emergency removal of an
Indian child from the parent or Indian custodian of such child in
accordance with 25 U.S.C. Section 1922, the order shall be
accompanied by an affidavit containing the following information:
1. The names, tribal affiliations, and addresses of the Indian
child, the parents of the Indian child and Indian custodians, if
any;
2. A specific and detailed account of the circumstances that
lead the agency responsible for the removal of the child to take
that action; and
3. A statement of the specific actions that have been taken to
assist the parents or Indian custodians so that the child may safely
be returned to their custody.
B. No pre-adjudicatory custody order shall remain in force or
in effect for more than thirty (30) days without a determination by
Oklahoma Statutes - Title 10. Children Page 42
the court, supported by clear and convincing evidence and the
testimony of at least one qualified expert witness, that custody of
the child by the parent or Indian custodian is likely to result in
serious emotional or physical damage to the child. However, the
court may, for good and sufficient cause shown, extend the effective
period of such order for an additional period of sixty (60) days.
Status: in_force · Read it on the official government site
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