Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 75 - Licensing Services › Subchapter 19 - Working With Indian Children › Section 340:75-19-3 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Subchapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Active efforts"
per Section 671(A) of Title 42
				  of the United States Code (
				  42 U.S.C. §
										671(A) ) means actions
				  intended primarily to maintain and reunite an Indian child with his or her
				  family or tribal community and constitutes more than reasonable efforts.
"Child custody proceeding"
means any proceeding
				  regarding child custody under the Federal and State Acts, including:
(A)
"Adoptive placement"
means the permanent
				  placement of the Indian child for adoption, including any action that results
				  in a final decree of adoption.
(B)
"Foster care placement"
means any action
				  removing the Indian child from the parent or Indian custodian for temporary
				  placement in a foster home, institution, or the home of a guardian or
				  conservator where the parent or Indian custodian cannot have the child returned
				  upon demand, but where parental rights have not been terminated.
(C)
"Preadoptive placement"
means the temporary
				  placement of the Indian child in a foster home or institution after the
				  termination of parental rights, but prior to or in lieu of an adoptive
				  placement.
(D)
"Termination of parental rights"
means any
				  action resulting in the termination of the parent-child relationship.
"Extended family member"
means any person as
				  defined by the law or custom of the Indian child's tribe, or, in absence of
				  such law or custom, a person who is at least 18 years of age and is the Indian
				  child's grandparent, aunt or uncle, brother or sister, brother-in-law or
				  sister-in-law, niece or nephew, first or second cousin, or stepparent.
"Indian"
means any person who is a member of an
				  Indian tribe, or who is an Alaska Native and a member of a Regional Corporation
				  per Section 7 of the Alaska Native Claims Settlement Act
				  43 U.S.C. §
										1606.
"Indian child"
means any unmarried person under
				  18 years of age and is:
(A) a member of an Indian tribe; or
(B) eligible for membership in an Indian tribe and the
				  biological child of a member of an Indian tribe.
"Indian child's tribe"
means:
(A) the Indian tribe in which an Indian child is a member or
				  eligible for membership; or
(B) the Indian tribe with which the Indian child, who is a
				  member of or is eligible for membership in more than one tribe, has the more
				  significant contacts, as designated.
"Indian country
or
tribal land"
means lands, per
				  18 U.S.C. §
										1151, and any lands not covered under Section
				  1151, title to which is held by the United States in trust for the benefit of
				  any Indian tribe or individual or held by any Indian tribe or individual
				  subject to a restriction by the United States against alienation. Tribal land
				  may also be referred to as "trust land."
"Indian custodian"
means any Indian person who
				  has legal custody of the Indian child under tribal law or custom or under state
				  law or to whom temporary physical care, custody, and control was transferred by
				  the child's parent.
"Indian tribe"
means any Indian tribe, band,
				  nation, or other organized group or community of Indians federally recognized
				  as eligible for the services provided to Indians by the Secretary of the
				  Interior because of their status as Indians, including an Alaska Native village
				  per Section 3 (c) of the Alaska Native Claims Settlement Act,
				  43
				  U.S.C. 1602(c).
"Parent"
means any biological parent of the
				  Indian child, or an Indian person who has lawfully adopted an Indian child,
				  including adoptions under tribal law or custom, but not including an unwed
				  father where paternity has not been acknowledged or established.
"Secretary"
means the Secretary of the
				  Interior.
"State Act"
means the Oklahoma Indian Child
				  Welfare Act that is referred to by the acronym OICWA.
"Tribal-certified foster home"
means a foster
				  home maintained and certified through an Indian tribe.
"Tribal court"
means a court with jurisdiction
				  over child custody proceedings, including:
(A) a court of Indian offenses;
(B) a court established and operated under the code or custom
				  of an Indian tribe; or
(C) any other administrative body of a tribe that has
				  authority over child custody proceedings.
"Youth"
means a child 13 through 17 years of
				  age.
Added at 19 Ok Reg
				  2209, eff 6-27-02; Amended at 24 Ok Reg 1044, eff 6-1-07; Amended at 30 Ok Reg
				  839, eff 7-1-13