{"data":{"id":"us-ok/okla.-stat.-tit.-10-10-40.3","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10, § 10-40.3","heading":"Application of act - Exemptions - Determination of Indian","body":"status.\n\nA. The Oklahoma Indian Child Welfare Act, in accordance with\n\nthe federal Indian Child Welfare Act, applies to all child custody\n\nproceedings involving any Indian child except the following:\n\n1. A child custody proceeding arising from a divorce\n\nproceeding; or\n\n2. A child custody proceeding arising from an adjudication of\n\ndelinquency, unless there has been a request for termination of\n\nparental rights.\n\nB. Except as provided for in subsection A of this section, the\n\nOklahoma Indian Child Welfare Act applies to all state voluntary and\n\ninvoluntary child custody court proceedings involving Indian\n\nchildren, regardless of whether or not the children involved are in\n\nthe physical or legal custody of an Indian parent or Indian\n\ncustodian at the time state proceedings are initiated.\n\nC. The court shall seek a determination of the Indian status of\n\nthe child in accordance with the preceding standard in the following\n\ncircumstances:\n\n1. The court has been informed by an interested party, an\n\nofficer of the court, a tribe, an Indian organization or a public or\n\nprivate agency that the child is Indian; or\n\n2. The child who is the subject of the proceeding gives the\n\ncourt reason to believe he is an Indian child; or\n\n3. The court has reason to believe the residence or domicile of\n\nthe child is a predominantly Indian community.\n\nD. The court shall seek verification of the Indian status of\n\nthe child from the Indian tribe or the Bureau of Indian Affairs. A\n\ndetermination of membership by an Indian tribe shall be conclusive.\n\nA determination of membership by the Bureau of Indian Affairs shall\n\nbe conclusive in the absence of a contrary determination by the\n\nIndian tribe.\n\nE. The determination of the Indian status of a child shall be\n\nmade as soon as practicable in order to ensure compliance with the\n\nnotice requirements of Section 40.4 of this title.","path":["OK Code","Title 10"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os10.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"aabed5add185808b95fb19089d339e46792830bc23e37122459b1f8136cfe6ce","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10-10-40.2","next":"us-ok/okla.-stat.-tit.-10-10-40.4"},"notice":"GroundRules: Original legal text. Not legal advice."}