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Library: Policy

340:75-19-1. Child Welfare Services Tribal Program purpose and designation as review location for child's tribe or Secretary of the Interior

Revised 7-1-13

(a) The Oklahoma Department of Human Services (OKDHS) Child Welfare Services (CWS) Tribal Program Section provides services to Indian children and families in compliance with federal and state regulations. 

(b) CWS is the established location for OKDHS records review by the child's tribe or the Secretary of the Interior per Section 40.9 of Title 10 of the Oklahoma Statutes that requires OKDHS to establish a single location where all records of every involuntary foster care, pre-adoptive placement and adoptive placement by the courts of any Indian child in custody or under the supervision of OKDHS is available within seven calendar days of a request by the tribe of the Indian child or by the Secretary of Interior.  The records include, but are not limited to:

  • (1) the state child welfare specialist's reports;

  • (2) a summary of the efforts to rehabilitate the Indian child's parents;

  • (3) a list of the names and addresses of families and tribally approved homes contacted regarding placement; and

  • (4) a statement of reason for the final placement decision.  • 1

INSTRUCTIONS TO STAFF 340:75-19-1

Revised 8-15-17

1.Requests by the child's tribe or the Secretary of the Interior (Secretary) to review the records of an Indian child.

(1) The Oklahoma Department of Human Services (DHS) district office immediately notifies the DHS tribal program staff when the child's tribe or the Secretary requests to review the records of an Indian child.

(2) The DHS tribal program staff, in consultation with the local district, decides whether the records are reviewed at the DHS tribal program staff office or the local DHS office, and notifies the requesting tribe or Secretary of the date and location of the review.

(A) When the records are reviewed at the local office, the DHS tribal program staff travels to the local office for the review.

(B) When the review occurs at the DHS tribal program staff office, the DHS child welfare specialist brings the case record to the tribalprogram staff office and is present at the review.

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