In re Adoption of B.T.S. , March 7, 2016 (Oklahoma)
Synopsis provided by Westlaw: Prospective adoptive parents filed a petition for adoption which also sought to terminate mother and father’s parental rights and an order determining that child was eligible for adoption without mother’s consent. The District Court, Cherokee County, Sandy Crosslin, J., determined child was eligible for adoption without mother’s consent. Mother appealed.
Holding provided by Westlaw: The Court of Civil Appeals, Deborah B. Barnes, J., held that:
1. mother was not prejudiced by prospective adoptive parents’ failure to comply with the notice provisions of the Oklahoma Indian Child Welfare Act (OICWA);
2. the Indian Child Welfare Act’s (ICWA) heightened burden of proof beyond a reasonable doubt did not apply to proceeding to determine whether Indian child could be adopted without mother’s consent; and
3. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) did not apply to interstate adoption jurisdiction dispute.
Affirmed as corrected.
Read the full opinion at the National Indian Law Library website.