The Legislative Assembly finds that the United States Congress recognizes the special legal status of Indian tribes and their members. It is the policy of the State of Oregon to protect the health and safety of Indian children and the stability and security of Indian tribes and families by promoting practices designed to prevent the […]
As used in ORS 419B.600 to 419B.654, unless the context provides otherwise: (1)(a) “Child custody proceeding” means a matter arising under ORS chapter 109, 418, 419A or 419B in which the legal custody or physical custody of an Indian child is an issue. (b) “Child custody proceeding” does not include: (A) A proceeding for the […]
(1) An individual has custody of an Indian child under ORS 419B.600 to 419B.654 if the individual has physical custody or legal custody of the Indian child under any applicable tribal law, tribal custom or state law. (2) An Indian child’s parent has continued custody of the Indian child under ORS 419B.600 to 419B.654 if […]
(1) A man’s parentage of an Indian child is acknowledged or established for purposes of ORS 109.266 to 109.410 and 419B.600 to 419B.654 and ORS chapter 419B if the man’s parentage has been: (a) Established under ORS 109.065; (b) Established under tribal law; (c) Recognized in accordance with tribal custom; or (d) Subject to subsection […]
In a child custody proceeding involving an Indian child, when making a determination regarding the best interests of the child under ORS 109.266 to 109.410 or 419B.600 to 419B.654, ORS chapter 419B, the Indian Child Welfare Act (25 U.S.C. 1901 et seq.) or any regulations or rules regarding ORS 109.266 to 109.410 or 419B.600 to […]
(1) Unless an Indian child’s parent objects, the Department of Human Services shall provide assistance with enrolling an Indian child within the juvenile court’s jurisdiction under ORS 419B.100 in a tribe with which the child is eligible for enrollment. (2) In any child custody proceeding under ORS chapter 419B, when the department determines the department […]
(1) In a child custody proceeding in which an Indian child is alleged to be within the jurisdiction of the court under ORS chapter 109, 418, 419A or 419B, or in a hearing under ORS 419C.626 involving an Indian child, the Indian child’s tribe is: (a) If the Indian child is a member of or […]
In any child custody proceeding based on allegations that an Indian child is within the jurisdiction of the court under ORS 109.266 to 109.410 or ORS chapter 419B, the court must determine the residence and domicile of the Indian child and whether the Indian child is a ward of tribal court. The court shall communicate […]
For purposes of ORS 419B.600 to 419B.654: (1) A person’s domicile is the place the person regards as home, where the person intends to remain or to which, if absent, the person intends to return. (2) An Indian child’s domicile is, in order of priority, the domicile of: (a) The Indian child’s parents or, if […]
(1)(a) The Department of Human Services shall make a good faith effort to enter into a tribal-state agreement with any Indian tribe within the borders of this state. (b) The department may also enter into a tribal-state agreement with any Indian tribe outside of this state having significant numbers of member children or membership-eligible children […]
(1) Except as otherwise provided in this section, the court’s jurisdiction under ORS 109.276 (4) or 419B.100 (1) in a case involving an Indian child is concurrent with the Indian child’s tribe. (2) If a tribe is not subject to Public Law 83-280, the tribe has exclusive jurisdiction in a case described in ORS 109.276 […]
(1) Except as provided in subsection (5) of this section, the court shall transfer a child custody proceeding under ORS 109.266 to 109.410 or ORS chapter 419B involving an Indian child if, at any time during the proceeding, the Indian child’s parent, Indian custodian or tribe petitions the court to transfer the proceeding to the […]
Upon granting a transfer motion under ORS 419B.630, the court shall expeditiously: (1) Notify the tribal court of the pending dismissal of the child custody proceeding; (2) Transfer all information regarding the proceeding, including pleadings and court records, to the tribal court; (3) If the Indian child is alleged to be within the jurisdiction of […]
(1) In an emergency proceeding, the person taking the child into protective custody shall make a good faith effort to: (a) Determine whether the person has reason to know that the child is an Indian child; and (b) Contact by telephone, electronic mail, facsimile or other means of immediate communication any tribe of which the […]
(1)(a) In an emergency proceeding, if there is reason to know that a child is an Indian child and the nature of the emergency allows, the Department of Human Services must notify by telephone, electronic mail, facsimile or other means of immediate communication any tribe of which the child is or may be a member. […]
(1) In any child custody proceeding under ORS chapter 109 or 419B that requires the testimony of a qualified expert witness, the petitioner shall contact the Indian child’s tribe and request that the tribe identify one or more individuals meeting the criteria described in subsection (3) or (4) of this section. The petitioner may also […]
(1) As used in this section, “active efforts” means efforts that are affirmative, active, thorough, timely and intended to maintain or reunite an Indian child with the Indian child’s family. (2) If there is reason to know that a child in a proceeding under ORS 109.266 to 109.410 or ORS chapter 419B is an Indian […]
(1) Notwithstanding ORS 9.160 and 9.320, a tribe that is a party to a proceeding under ORS 419B.875 (1)(a)(H) may be represented by any individual, regardless of whether the individual is licensed to practice law. (2) An attorney who is not barred from practicing law in this state may appear in any proceeding involving an […]
(1) If there is reason to know that a child in a proceeding under ORS chapter 419B is an Indian child: (a) The court shall appoint counsel to represent the Indian child. (b) If the Indian child’s parent or Indian custodian requests counsel to represent the parent or Indian custodian but is without sufficient financial […]
(1) In any child custody proceeding under ORS 109.326 or 109.330 or ORS chapter 419B when there is reason to know that the child is an Indian child, each party has the right to timely examine all reports or other documents held by the Department of Human Services that are not otherwise subject to a […]
