1. (a) A parent, Indian custodian, or tribe may request transfer of a state court proceeding for foster care placement or termination of parental rights of an Indian child to tribal court. Whenever a parent, Indian custodian, or tribe seeks to transfer the case, it is presumptively in the Indian child's best interest to transfer the case to the Indian tribe's jurisdiction. When a proper request for transfer is made, jurisdiction is transferred by the state court to the tribal court unless:

   1. (1) either parent objects to such transfer;
   2. (2) the court finds good cause to deny transfer of the case; or
   3. (3) the tribal court declines the transfer.

2. (b) In determining if good cause exists, recommendations to the court do not include:

   1. (1) whether the case is at an advanced stage;
   2. (2) whether transfer would result in a change in the child's placement;
   3. (3) the Indian child's contacts with the tribe or reservation;
   4. (4) the tribal court's prospective placement for the Indian child; or
   5. (5) the socio-economic conditions and any perceived inadequacy of tribal or Bureau of Indian Affairs social services or judicial systems.

Added at 19 Ok Reg 2209, eff 6-27-02

Amended at 30 Ok Reg 839, eff 7-1-13

Amended at 33 Ok Reg 1635, eff 9-15-16