Library: Policy
340:75-19-19. Termination of parental rights to the Indian child
Revised 7-1-13
Proceedings to terminate parental rights to the Indian child, pursuant to the Federal Indian Child Welfare Act, per Section 1912(f) of Title 25 of the United States Coderequire:
(1) evidence beyond a reasonable doubt, supported by testimony of a qualified expert witness that continued custody by the parent or Indian custodian is likely to result in serious emotional or physical harm or damage to the child; and
(2) a showing that active efforts were made to provide remedial and rehabilitative services designed to prevent the breakup of the Indian family and that these efforts proved unsuccessful.
Revised 9-15-16
1.Active efforts.Evidence that active efforts were provided to the family must be presented in any court proceeding to terminate parental rights to the Indian child.The CW specialist:
(1) researches the child and family's history and case record to determine what, when any, prior services were provided to the family related to the reason for removal;
(2) when research indicates the family did not receive prior services, staffs the case with the supervisor before making a recommendation for termination of parental rights.
2.Consultation regarding termination of parental rights decisions.The CW specialist staffs each decision involving termination of parental rights to the Indian child with the CW supervisor prior to making a recommendation to the district attorney.When there is a question as to the sufficiency of the evidence, the CW supervisor consults with the Oklahoma Department of Human Services Legal Services.
