reglab/housing_qa huggingface dataset:
OR Rev Stat § 419B.630 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 419B - Juvenile Code: Dependency|Section 419B.630 - Motion to transfer to tribal court; objection; good cause to deny transfer.

(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 tribal court. (2) Upon receipt of a transfer motion, the court shall contact the Indian child’s tribe and request a timely response regarding whether the tribe intends to decline the transfer. (3) Transfer of the proceeding is inappropriate if: (a) The Indian child’s tribe has declined the transfer; (b) One or both of the Indian child’s parents object to the transfer; or (c) Good cause exists to deny the transfer. (4)(a) If a party objects to the transfer motion for good cause, the court shall fix the time for hearing on objections to the motion. (b) At the hearing, the objecting party has the burden of proof of establishing by clear and convincing evidence that good cause exists to deny the transfer. (c) If the Indian child’s tribe contests the assertion that good cause exists to deny the transfer, the court shall give the tribe’s argument substantial weight. (d) When making a determination whether good cause exists to deny the transfer motion, the court may not consider: (A) Whether the proceeding is at an advanced stage; (B) Whether there has been a prior proceeding involving the Indian child in which a transfer motion was not filed; (C) Whether the transfer could affect the placement of the Indian child; (D) The Indian child’s cultural connections with the tribe or the tribe’s reservation; (E) The socioeconomic conditions of the Indian child’s tribe or any negative perception of tribal or United States Bureau of Indian Affairs’ social services or judicial systems; or (F) Whether the transfer serves the best interests of the Indian child. (5)(a) The court shall deny the transfer motion if: (A) The tribe declines the transfer orally on the record or in writing; (B) The Indian child’s parent objects to the transfer; or (C) The court finds by clear and convincing evidence, after hearing, that good cause exists to deny the transfer. (b) Notwithstanding paragraph (a)(B) of this subsection, the objection of the Indian child’s parent does not preclude the transfer if: (A) The objecting parent dies or the objecting parent’s parental rights are terminated and have not been reinstated under ORS 419B.532; and (B) The Indian child’s remaining parent, Indian custodian or tribe files a new transfer motion subsequent to the death of the objecting parent or the termination of the parental rights of the objecting parent. (6) If the court denies a transfer under this section, the court shall document the basis for the denial in a written order. [2020 s.s.1 c.14 §13; 2021 c.398 §4] Note: See note under 419B.600.
OR Rev Stat § 419B.633 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 419B - Juvenile Code: Dependency|Section 419B.633 - Transfer to tribal court.

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 the juvenile court under ORS 419B.100, direct the Department of Human Services to: (a) Coordinate with the tribal court and the Indian child’s tribe to ensure that the transfer of the proceeding and the transfer of custody of the Indian child is accomplished with minimal disruption of services to the Indian child and the Indian child’s family; and (b) Provide the Indian child’s tribe with documentation related to the Indian child’s eligibility for state and federal assistance and information related to the Indian child’s social history, treatment diagnosis and services and other relevant case and service related data; and (4) Dismiss the proceeding upon confirmation from the tribal court that the tribal court received the transferred information. [2020 s.s.1 c.14 §14; 2021 c.398 §5] Note: See note under 419B.600.
OR Rev Stat § 419B.642 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 419B - Juvenile Code: Dependency|Section 419B.642 - Qualified expert witness.

(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 request the assistance of the United States Bureau of Indian Affairs in locating individuals meeting the criteria described in subsection (3) or (4) of this section. The petitioner shall file a declaration with the court describing the efforts the petitioner made under this subsection to identify a qualified expert witness. (2) At a hearing under ORS 109.326, 109.330, 419B.340, 419B.365, 419B.366 or 419B.521, if the court has found that there is reason to know that a child is an Indian child, at least one qualified expert witness must testify regarding: (a) Whether the continued custody of the Indian child by the child’s parent or custody by the child’s Indian custodian is likely to result in serious emotional or physical damage to the Indian child; and (b) The prevailing social and cultural standards and child rearing practices of the Indian child’s tribe. (3) A person is a qualified expert witness under this section if the Indian child’s tribe has designated the person as being qualified to testify to the prevailing social and cultural standards of the tribe. (4) If the Indian child’s tribe has not identified a qualified expert witness, the following individuals, in order of priority, may testify as a qualified expert witness: (a) A member of the Indian child’s tribe or another person who is recognized by the tribe as knowledgeable about tribal customs regarding family organization or child rearing practices; (b) A person having substantial experience in the delivery of child and family services to Indians and extensive knowledge of prevailing social and cultural standards and child rearing practices within the Indian child’s tribe; or (c) Any person having substantial experience in the delivery of child and family services to Indians and knowledge of prevailing social and cultural standards and child rearing practices in Indian tribes with cultural similarities to the child’s tribe. (5) In addition to testimony from a qualified expert witness, the court may hear supplemental testimony regarding information described in subsection (2) of this section from a professional having substantial education and experience in the area of the professional’s specialty. (6) No petitioning party, employees of the petitioning party or an employee of the Department of Human Services may serve as a qualified expert witness or a professional under this section. [2020 s.s.1 c.14 §17; 2021 c.398 §52] Note: See note under 419B.600.
OR Rev Stat § 419B.646 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 419B - Juvenile Code: Dependency|Section 419B.646 - Right to appear; withdrawal by party.

(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 Indian child without associating with local counsel if the attorney establishes to the satisfaction of the Oregon State Bar that: (a) The attorney will appear in a court in this state for the limited purpose of participating in a proceeding under ORS chapter 419B subject to the provisions of ORS 419B.600 to 419B.654; (b) The attorney represents an Indian child’s parent, Indian custodian or tribe; and (c) The Indian child’s tribe has affirmed the Indian child’s membership or eligibility for membership under tribal law. (3) Notwithstanding ORS 419B.875 (1)(a)(H), an Indian custodian or tribe may notify the court, orally on the record or in writing, that the Indian custodian or tribe withdraws as a party to the proceeding. [2020 s.s.1 c.14 §19] Note: See note under 419B.600.
OR Rev Stat § 419B.647 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 419B - Juvenile Code: Dependency|Section 419B.647 - Right to counsel.

(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 means to employ suitable counsel possessing skills and experience commensurate with the nature of the petition and the complexity of the case, the court shall appoint suitable counsel to represent the Indian child’s parent or Indian custodian if the parent or Indian custodian is determined to be financially eligible under the policies, procedures, standards and guidelines of the Public Defense Services Commission. (2) Upon presentation of the order of appointment under this section by the attorney for the Indian child, any agency, hospital, school organization, division or department of the state, doctor, nurse or other health care provider, psychologist, psychiatrist, police department or mental health clinic shall permit the attorney for the Indian child to inspect and copy any records of the Indian child involved in the case, without the consent of the Indian child or the Indian child’s parent or Indian custodian. This subsection does not apply to records of a police agency relating to an ongoing investigation prior to bringing charges. [2020 s.s.1 c.14 §20] Note: See note under 419B.600.
OR Rev Stat § 419B.648 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 419B - Juvenile Code: Dependency|Section 419B.648 - Right to examine reports or documents.

(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 discovery exception under ORS 419B.881 or precluded under state or federal law. (2) The preservation of confidentiality under this section does not relieve the court or any petitioners in an adoption proceeding from the duty to comply with the placement preferences under ORS 419B.654 (2) if the child is an Indian child. [2020 s.s.1 c.14 §21; 2021 c.398 §28] Note: See note under 419B.600.
OR Rev Stat § 419B.651 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 419B - Juvenile Code: Dependency|Section 419B.651 - Vacating order or judgment regarding jurisdiction, placement, guardianship or termination of parental rights; effect of vacated order or judgment.

(1) A petition to vacate an order or a judgment involving an Indian child regarding jurisdiction, placement, guardianship or the termination of parental rights may be filed in a pending child custody proceeding involving the Indian child or, if none, in any state or local court of competent jurisdiction by: (a) The Indian child who was alleged to be within the jurisdiction of the court under ORS 109.276 or 419B.100; (b) The Indian child’s parent or Indian custodian from whose custody such child was removed or whose parental rights were terminated; or (c) The Indian child’s tribe. (2)(a) The court shall vacate an order or judgment involving an Indian child regarding jurisdiction, placement, guardianship or the termination of parental rights if the court determines that any provision of ORS 418.312, 419B.627, 419B.630, 419B.639 (2), (3)(a) or (b) or (5)(a), 419B.647 (1) or 419B.648 or, where required, ORS 419B.642 (2), 419B.645 or 419B.654 has been violated and the court determines it is appropriate to vacate the order or judgment. (b) If the vacated order or judgment resulted in the removal or placement of the Indian child, the court shall order the child immediately returned to the Indian child’s parent or Indian custodian and the court’s order must include a transition plan for the physical custody of the child, which may include protective supervision under ORS 419B.331. (c) If the vacated order or judgment terminated parental rights, the court shall order the previously terminated parental rights to be restored. (d) If the state or any other party affirmatively asks the court to reconsider the issues under the vacated order or judgment, the court’s findings or determinations must be readjudicated. (3) As used in this section, "termination of parental rights" includes the involuntary termination of parental rights under ORS chapter 419B or the termination of parental rights resulting from an adoption proceeding under ORS 109.266 to 109.410. [2020 s.s.1 c.14 §22; 2021 c.398 §37] Note: See note under 419B.600.
OR Rev Stat § 419B.652 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 419B - Juvenile Code: Dependency|Section 419B.652 - Determination regarding improper removal or retainment; effect of determination; exception.

(1) The juvenile court, on the court’s own motion or on the motion of any party, shall expeditiously determine whether an Indian child asserted to be within the jurisdiction of the juvenile court under ORS 419B.100 has been improperly removed or improperly retained following a visit or temporary relinquishment of custody. A motion under this section may be made orally on the record or in writing. (2) If the court finds that the Indian child has been improperly removed or improperly retained, the court shall order the Department of Human Services to immediately return the Indian child to the child’s parent or Indian custodian and dismiss the proceeding, unless the court determines by clear and convincing evidence that doing so would subject the child to substantial and immediate danger or a threat of substantial and immediate danger. [2021 c.398 §39] Note: See note under 419B.600.
OR Rev Stat § 419B.660 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 419B - Juvenile Code: Dependency|Section 419B.660 - Conflict of laws.

(1) If any provision of ORS 109.278, 109.302, 109.382, 109.383, 419B.600 to 419B.654 or 419B.656 or the amendments to statutes and session law by sections 1 to 5, 8 to 17, 20 to 30, 34 to 37, 40 to 64 and 65b to 77, chapter 398, Oregon Laws 2021, is found to provide a lower standard of protection to the rights of an Indian child or the Indian child’s parent, Indian custodian or tribe than the Indian Child Welfare Act: (a) The higher standard of protection in the Indian Child Welfare Act shall control; and (b) It shall not serve to render inoperative any remaining provisions of ORS 109.278, 109.302, 109.382, 109.383, 419B.600 to 419B.654 or 419B.656 or the amendments to statutes and session law by sections 1 to 5, 8 to 17, 20 to 30, 34 to 37, 40 to 64 and 65b to 77, chapter 398, Oregon Laws 2021, that may be held to provide a higher standard of protection than the Indian Child Welfare Act. (2) As used in this section, "Indian Child Welfare Act" means the federal Indian Child Welfare Act (25 U.S.C. 1901 et seq.) and related regulations. [2020 s.s.1 c.14 §64; 2021 c.398 §78] Note: See note under 419B.600.
OR Rev Stat § 419B.663 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 419B - Juvenile Code: Dependency|Section 419B.663 - Full faith and credit.

The juvenile court shall give full faith and credit to the public acts, records and judicial proceedings of an Indian tribe applicable to an Indian child custody proceeding. [2020 s.s.1 c.14 §63] Note: See note under 419B.600.
OR Rev Stat § 419B.665 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 419B - Juvenile Code: Dependency|Section 419B.665 - Rules.

The Department of Human Services and the Judicial Department may adopt rules to implement ORS 419B.600 to 419B.654. [2020 s.s.1 c.14 §65] Note: See note under 419B.600.
OR Rev Stat § 419B.800 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 419B - Juvenile Code: Dependency|Section 419B.800 - Applicability of ORS 419B.800 to 419B.929.

(1) ORS 419B.800 to 419B.929 govern procedure and practice in all juvenile court proceedings under this chapter. The Oregon Rules of Civil Procedure do not apply in these proceedings. (2) ORS 419B.800 to 419B.929 apply to all proceedings under this chapter pending on or filed on or after January 1, 2002, except when, in the opinion of the court, application in a case pending on January 1, 2002, would not be feasible or would work an injustice. (3) ORS 419B.800 to 419B.929 do not preclude a court in which they apply from regulating pleading, practice and procedure in any manner not inconsistent with ORS 419B.800 to 419B.929. [2001 c.622 §2]
OR Rev Stat § 419B.803 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 419B - Juvenile Code: Dependency|Section 419B.803 - Jurisdiction.

(1) A juvenile court having subject matter jurisdiction has jurisdiction over: (a) A party, who has been served in the matter as provided in ORS 419B.812 to 419B.839 to the extent that prosecution of the action is not inconsistent with the Constitution of this state and the Constitution of the United States; (b) A child under 12 years of age who is the subject of a petition filed pursuant to ORS 419B.100; and (c) Any other party specified in ORS 419B.875 (1). (2) Juvenile court jurisdiction is subject to ORS 109.701 to 109.834. [2001 c.622 §3]
OR Rev Stat § 419B.812 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 419B - Juvenile Code: Dependency|Section 419B.812 - Issuance of summons; time for hearing on petition.

(1) As used in this section and ORS 419B.815, 419B.819 and 419B.824, a "true copy" of a summons or petition means an exact and complete copy of the original summons or petition with a certificate upon the copy signed by an attorney of record or a party that indicates that the copy is exact and complete. (2) A summons under ORS 419B.815 or 419B.819 must be titled "In the matter of _____, a child" and must contain the name of the person to be served and the address at which the summons and petition may be served. (3) The summons must be issued no later than 30 days after the filing of a petition alleging jurisdiction under ORS 419B.100, a petition to establish a permanent guardianship under ORS 419B.365 or a petition seeking termination of parental rights under ORS 419B.500, 419B.502, 419B.504, 419B.506 or 419B.508. (4) The petitioner, the petitioner’s attorney, the juvenile department, the district attorney, the Attorney General or the Department of Human Services may issue a summons. (5) The summons must be signed by the: (a) Petitioner; (b) Petitioner’s attorney; (c) Juvenile department; (d) District attorney; (e) Attorney General; or (f) Department of Human Services. (6) The summons must be served with a true copy of the petition. (7) The summons and petition may be served by any competent person 18 years of age or older who is a resident of the state where service is made or of this state. (8) The summons and petition may be transmitted by telegraph, facsimile or electronic mail as provided in ORS 419B.848 (3). (9) The court shall fix the date and time for the hearing on a petition at a reasonable time after service or, if service is by publication, final publication of the summons. The time may not be less than 24 hours after service or, if service is by publication, final publication in a proceeding to establish jurisdiction under ORS 419B.100 and may not be less than 10 days after service or, if service is by publication, final publication in a proceeding to establish permanent guardianship or terminate parental rights. [2001 c.622 §5; 2003 c.205 §1; 2017 c.737 §10]
OR Rev Stat § 419B.816 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 419B - Juvenile Code: Dependency|Section 419B.816 - Notice to person contesting petition to establish jurisdiction.

If the person appears in the manner provided in ORS 419B.815 (2)(b) or (c) and the person contests the petition, the court, by written order provided to the person in person or mailed to the person at the address provided by the person, or by oral order made on the record, shall: (1) Inform the person of the time, place and purpose of the next hearing or hearings related to the petition; (2) Require the person to appear personally at the next hearing or hearings related to the petition; (3) Inform the person that, if the person is represented by an attorney, the person’s attorney may not attend the hearing in place of the person, unless the person is the child at issue in the proceeding who has been served with summons in accordance with ORS 419B.839 (1)(f); (4) Inform the person that, if the court has granted the person an exception in advance under ORS 419B.918, the person may appear in any manner permitted by the court under ORS 419B.918; and (5) Inform the person that, if the person fails to appear as ordered for any hearing related to the petition, the court may establish jurisdiction without further notice, either on the date specified in the summons or order or on a future date, and may take any other action that is authorized by law including, but not limited to, making the child a ward of the court and removing the child from the legal and physical custody of the parent or other person having legal or physical custody of the child. [2003 c.205 §10b; 2007 c.497 §4]
OR Rev Stat § 419B.820 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 419B - Juvenile Code: Dependency|Section 419B.820 - Notice to parent contesting petition to establish permanent guardianship or terminate parental rights.

If the parent appears in the manner provided in ORS 419B.819 (2)(b) or (c) and the parent contests the petition, the court, by written order provided to the parent in person or mailed to the parent at the address provided by the parent or by oral order made on the record, shall: (1) Inform the parent of the time, place and purpose of the next hearing or hearings related to the petition; (2) Require the parent to appear personally at the next hearing or hearings related to the petition; (3) Inform the parent that, if the parent is represented by an attorney, the parent’s attorney may not attend the hearing in place of the parent; (4) Inform the parent that, if the court has granted the parent an exception in advance under ORS 419B.918, the parent may appear in any manner permitted by the court under ORS 419B.918; and (5) Inform the parent that, if the parent fails to appear as ordered for any hearing related to the petition, the court, without further notice and in the parent’s absence, may: (a) Terminate the parent’s rights or, if the petition seeks to establish a permanent guardianship, grant the guardianship petition either on the date specified in the order or on a future date; and (b) Take any other action that is authorized by law. [2003 c.205 §5; 2007 c.497 §7] Note: 419B.820 was added to and made a part of ORS chapter 419B by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 419B.821 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 419B - Juvenile Code: Dependency|Section 419B.821

[2001 c.622 §8; 2003 c.230 §1; renumbered 419B.823 in 2003]