§ 8.2.Decrees, Orders Or Judgments Affecting Indian Children - Compliance With Certain Laws

Section 8.2 adds a checklist to certain family and juvenile court paperwork whenever a minor Indian child’s custody is at stake. Decrees of adoption, divorce, or separate maintenance that place custody of a minor Indian child with a third party, orders adjudicating juvenile proceedings or terminating parental rights, and final orders in habeas corpus or guardianship-of-the-person cases that decide a child’s status, custody, or wardship must all state that the court complied with the federal Indian Child Welfare Act (25 U.S.C. § 1901 et seq.) and Oklahoma’s Uniform Child Custody Jurisdiction and Enforcement Act (43 O.S. § 551-101 et seq.).

The trial court must also make specific findings of fact about the child’s correct, full legal name and date of birth, and the written decree, order, or judgment has to recite those findings. The requirement gives a reviewing court, or a later court asked to enforce the order, a clear record that the case cleared both statutory schemes.