There Are Three Things You Must Do to Remove a Child From an Indian Custodians’ Home
Video Transcribed: What do you have to prove to get emergency removal of an Indian child? Hi, my name is Ryan Cannonie. I’m an attorney in Tahlequah with Wirth Law Office. And anytime you deal with the Indian Child Welfare Act, which if you see my videos, there’s dozens of them about it because it’s a huge part of my practice, you have to understand that there’s both the Oklahoma and a Federal Indian Child Welfare Act. And at least in Oklahoma, we have to follow both.
Most states have their own versions of this. So there’s a Texas Indian Child Welfare Act, so on, so forth. Now the federal one though actually has a section, it’s 1922. And it discusses, what about an emergency removal of a child?
Now emergency removal is when someone goes to the court and says, “Hey judge, I’m asking for guardianship,” or for whatever case may be, “to remove this child from their parents and put them in my care because of an emergency exists.
This child is in danger, could be harmed.” Now with Indian children, there’s the Indian Child Welfare Acts, and those also regulate beyond just the regular Oklahoma state law as to what you have to prove on these types of situations.
So in a situation involving tribal children, there are three different burdens that people have to face to remove a child from their parent’s home or Indian custodians’ home.
Now those are the emergency standard. There’s a standard for just a change, meaning just to remove from the home. And there’s another standard, like I said, three, to actually terminate parental rights. Now to remove a child from the home, you actually have to prove certain imminent issues with that child.
Now, if your attorney can’t talk to you about these, then you probably need to be asking what their credentials are with the Indian Child Welfare Act. If you have questions about the Indian Child Welfare Act, if you have questions about custody, possibly guardianship, adoption of a Native American child, or if you yourself are someone whose child was taken from you, then please give us a call. Go to tahlequahattorney.com, when you need a Tahlequah Lawyer.
