reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.600 - Policy on Indian child welfare.

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 removal of Indian children from their families and, if removal is necessary and lawful, to prioritize the placement of an Indian child with the Indian child’s extended family and tribal community. The state recognizes the inherent jurisdiction of Indian tribes to make decisions regarding the custody of Indian children. The state also recognizes the importance of ensuring that Indian children and Indian families receive appropriate services to obviate the need to remove an Indian child from the Indian child’s home and, if removal is necessary and lawful, to effect the child’s safe return home. ORS 419B.600 to 419B.654 create additional safeguards for Indian children to address disproportionate rates of removal, to improve the treatment of and services provided to Indian children and Indian families in the child welfare system and to ensure that Indian children who must be removed are placed with Indian families, communities and cultures. [2020 s.s.1 c.14 §1]
Note:
419B.600 to 419B.665 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 419B or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.606 - Custody; presumption of continued custody.

(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 the parent currently has, or previously had, custody of the Indian child.
(3) For purposes of ORS 419B.600 to 419B.654, the following individuals are presumed to have continued custody of an Indian child:
(a) The Indian child’s biological mother.
(b) A man who is married to the Indian child’s biological mother.
(c) A man whose parentage has been acknowledged or established as described in ORS 419B.609. [2020 s.s.1 c.14 §3; 2021 c.398 §48]
Note:
See note under 419B.600.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.609 - Acknowledgment or establishment of parentage.

(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 (2) of this section, acknowledged orally or in writing by the man to the court, to the Department of Human Services or to an Oregon licensed adoption agency.
(2)(a) If a man acknowledges paternity of an Indian child as provided in subsection (1)(d) of this section, the department or the adoption agency must notify the court of the man’s acknowledgment immediately or, if a matter is not yet pending in this state, immediately upon filing a petition or being served with a copy of a petition alleging that the child is within the jurisdiction of the court under ORS 109.276 or 419B.100.
(b) No later than 30 days after receiving the man’s oral or written acknowledgment under subsection (1)(d) of this section or receiving notice under paragraph (a) of this subsection of the man’s acknowledgment, the court shall order blood tests, subject to the provisions of ORS 109.252.
(c) If any person fails to comply with the court’s order for blood tests within a reasonable amount of time, the court shall consider the person to have refused to submit to the test for the purposes of ORS 109.252.
(d) If the blood tests ordered under paragraph (b) of this subsection do not confirm the man’s paternity as provided in ORS 109.258, or if the man has refused to consent to the blood tests, the man’s parentage has not been acknowledged or established for purposes of subsection (1) of this section. [2020 s.s.1 c.14 §4; 2021 c.398 §41]
Note:
See note under 419B.600.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.612 - Best interests of Indian child.

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 419B.654, ORS chapter 419B, or the Indian Child Welfare Act, the court shall, in consultation with the Indian child’s tribe, consider the following:
(1) The protection of the safety, well-being, development and stability of the Indian child;
(2) The prevention of unnecessary out-of-home placement of the Indian child;
(3) The prioritization of placement of the Indian child in accordance with the placement preferences under ORS 419B.654;
(4) The value to the Indian child of establishing, developing or maintaining a political, cultural, social and spiritual relationship with the Indian child’s tribe and tribal community; and
(5) The importance to the Indian child of the Indian tribe’s ability to maintain the tribe’s existence and integrity in promotion of the stability and security of Indian children and families. [2020 s.s.1 c.14 §5; 2021 c.398 §49]
Note:
See note under 419B.600.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.615 - Assistance enrolling child in tribe; notice to parents.

(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 has reason to know that the child is an Indian child, and if the department reasonably believes that the Indian child is eligible for enrollment in a tribe, the department shall notify the Indian child’s parent of the parent’s right to object to the department’s assistance under subsection (1) of this section. [2020 s.s.1 c.14 §7; 2021 c.398 §47]
Note:
See note under 419B.600.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.618 - Determination of Indian child’s tribe.

(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 is eligible for membership in only one tribe, the tribe of which the Indian child is a member or eligible for membership.
(b) If the Indian child is a member of one tribe but is eligible for membership in one or more other tribes, the tribe of which the Indian child is a member.
(c) If the Indian child is a member of more than one tribe or if the Indian child is not a member of any tribe but is eligible for membership with more than one tribe:
(A) The tribe designated by agreement between the tribes of which the Indian child is a member or in which the Indian child is eligible for membership; or
(B) If the tribes are unable to agree on the designation of the Indian child’s tribe, the tribe designated by the court.
(2) When designating an Indian child’s tribe under subsection (1)(c)(B) of this section, the court shall, after hearing, designate the tribe with which the Indian child has the more significant contacts, taking into consideration the following:
(a) The preference of the Indian child’s parent;
(b) The duration of the Indian child’s current or prior domicile or residence on or near the reservation of each tribe;
(c) The tribal membership of the Indian child’s custodial parent or Indian custodian;
(d) The interests asserted by each tribe;
(e) Whether a tribe has previously adjudicated a case involving the Indian child; and
(f) If the court determines that the Indian child is of sufficient age and capacity to meaningfully self-identify, the self-identification of the Indian child. [2020 s.s.1 c.14 §8; 2021 c.398 §12]
Note:
See note under 419B.600.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.621 - Judicial determination of Indian child’s residence, domicile and status as ward.

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 with any tribal courts to the extent necessary to make a determination under this section. [2020 s.s.1 c.14 §9; 2021 c.398 §3]
Note:
See note under 419B.600.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.622 - Domicile.

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 the Indian child’s parents do not have the same domicile, the Indian child’s parent who has physical custody of the Indian child;
(b) The Indian child’s Indian custodian; or
(c) The Indian child’s guardian. [2020 s.s.1 c.14 §6]
Note:
See note under 419B.600.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.624 - Tribal-state agreements.

(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 residing in this state.
(2) The purposes of a tribal-state agreement are to promote the continued existence and integrity of the Indian tribe as a political entity and to protect the vital interests of Indian children in securing and maintaining political, cultural and social relationships with their tribe.
(3) A tribal-state agreement may include agreements regarding default jurisdiction over cases in which the state courts and tribal courts have concurrent jurisdiction, the transfer of cases between state courts and tribal courts, the assessment, removal, placement, custody and adoption of Indian children and any other child welfare services provided to Indian children.
(4) A tribal-state agreement must:
(a) Provide for the cooperative delivery of child welfare services to Indian children in this state, including the utilization, to the extent available, of services provided by the tribe or an organization whose mission is to serve the American Indian or Alaska Native population to implement the terms of the tribal-state agreement; and
(b) If services provided by the tribe or an organization whose mission is to serve the American Indian or Alaska Native population are unavailable, provide for the department’s use of community services and resources developed specifically for Indian families and that have the demonstrated experience and capacity to provide culturally relevant and effective services to Indian children. [2020 s.s.1 c.14 §10; 2021 c.398 §50]
Note:
See note under 419B.600.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.627 - Jurisdiction; limitations; tribal court assumption of jurisdiction.

(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 (4) or 419B.100 (1) involving an Indian child if:
(a) The Indian child is a ward of a tribal court of the tribe; or
(b) The Indian child resides or is domiciled within the reservation of the tribe.
(3)(a) An Indian tribe subject to Public Law 83-280 may limit the court’s exercise of jurisdiction under ORS 109.276 (4) or 419B.100 (1) over an Indian child by entering into a tribal-state agreement described in ORS 419B.624.
(b) The court shall decline to exercise its jurisdiction under ORS 109.276 (4) or 419B.100 (1) over an Indian child who is a ward of a tribal court or who resides or is domiciled within the reservation of a tribe if:
(A) The tribe has entered into a tribal-state agreement in which the state has agreed to decline jurisdiction; and
(B) The tribal-state agreement provides that the tribe has default jurisdiction over those cases.
(c)(A) If the court declines to exercise its jurisdiction under paragraph (b) of this subsection, the court shall coordinate with the tribal court to facilitate the tribal court’s assumption of jurisdiction.
(B) The court shall:
(i) Allow the Indian child’s parent, Indian custodian or tribe to participate in any communications under this subsection with a tribal court or, if the person is unable to participate in a communication, provide the person with an opportunity to represent facts and legal arguments supporting the person’s position before the court makes a decision regarding jurisdiction;
(ii) Create records of any communications under this subsection;
(iii) Notify the Indian child’s parent, Indian custodian or tribe in advance of each communication; and
(iv) Provide the Indian child’s parent, Indian custodian or tribe with access to the record of the communication.
(C) Communications between the court and a tribal court regarding calendars, court records and similar matters may occur without informing the parties or creating a record of the communications.
(D) As used in this paragraph, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(4) Notwithstanding subsections (2) and (3) of this section, the juvenile court has temporary exclusive jurisdiction over an Indian child who is taken into protective custody under ORS 419B.150 or 419B.152. [2020 s.s.1 c.14 §12; 2021 c.398 §1]
Note:
See note under 419B.600.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 Oregon Public Defense 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; 2023 c.281 §67]
Note:
See note under 419B.600.
2023 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.
2023 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.
2023 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.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.657 - Reports to Legislative Assembly.

No later than September 15 of every even-numbered year, the Department of Human Services and the Judicial Department shall report to the interim committees of the Legislative Assembly relating to children regarding:
(1) The number of Indian children involved in dependency proceedings during the prior two-year period.
(2) The average duration Indian children were in protective custody.
(3) The ratio of Indian children to non-Indian children in protective custody.
(4) Which tribes the Indian children in protective custody were members of or of which they were eligible for membership.
(5) The number of Indian children in foster care who are in each of the placement preference categories described in ORS 419B.654 and the number of those placements that have Indian parents in the home.
(6) The number of Indian children placed in adoptive homes in each of the placement preference categories described in ORS 419B.654 and the number of those placements that have Indian parents in the home.
(7) The number of available placements and common barriers to recruitment and retention of appropriate placements.
(8) The number of times the court found that good cause existed to deviate from the statutory placement preferences under ORS 419B.654 when making a finding regarding the placement of a child in a dependency proceeding.
(9) The number of cases that were transferred to tribal court under ORS 419B.633.
(10) The number of times the court found good cause to decline to transfer jurisdiction of a dependency proceeding to tribal court upon request and the most common reasons the court found good cause to decline a transfer petition.
(11) The efforts the Department of Human Services and the Judicial Department have taken to ensure compliance with the provisions of ORS 419B.600 to 419B.654 and the amendments to statutes by sections 24 to 60, chapter 14, Oregon Laws 2020 (first special session), in dependency proceedings.
(12) The number of ICWA compliance reports, as defined in ORS 109.266, in which the department reported the petitioner’s documentation was insufficient for the court to make a finding regarding whether the petitioner complied with the inquiry or notice requirements under ORS 419B.636 (2) or 419B.639 (2).
(13) The total number and the ratio of all ICWA compliance reports that indicated there was a reason to know that the child was an Indian child. [2020 s.s.1 c.14 §61; 2021 c.398 §79]
Note:
See note under 419B.600.
2023 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.
2023 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.
2023 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.
2023 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]
2023 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]
2023 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]
2023 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]
2023 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.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.823 - Service of summons generally.

The summons must be served, either inside or outside of the state, in a manner reasonably calculated under all the circumstances to apprise the person served of the existence and pendency of the juvenile proceeding and to afford the person a reasonable opportunity to appear. Service of summons may be made, subject to the restrictions and requirements of ORS 419B.824, by the following methods:
(1) Personal service of the summons and petition upon the person to be served;
(2) Substituted service by leaving a copy of the summons and petition at a person’s dwelling house or usual place of abode;
(3) Office service by leaving the summons and petition with a person who is apparently in charge of an office;
(4) Service by mail; or
(5) Alternative service as ordered by the court under ORS 419B.824 (5). [Formerly 419B.821]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.827 - Responsibility for costs of service of summons and travel expenses of party summoned.

The court may authorize payment of travel expenses of any party summoned. Except as provided in this section, responsibility for the payment of the cost of service of summons or other process on any party, and for payment of travel expenses so authorized, shall be borne by the party issuing the summons or requesting the court to issue the summons. When the Department of Human Services issues the summons or requests the court to issue the summons, responsibility for such payment shall be borne by the county. [Formerly 419B.280]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.830 - Return of summons.

The summons must be promptly returned to the clerk with whom the petition is filed with proof of service or mailing or with proof that the person to be served cannot be found. The summons may be returned by first class mail. [2001 c.622 §10]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.836 - Effect of error in summons or service of summons.

Failure to comply with provisions of ORS 419B.812, 419B.815, 419B.818, 419B.819, 419B.822 and 419B.839 relating to the form of summons, issuance of summons or who may serve summons does not affect the validity of service of summons or the existence of jurisdiction over the person if the court determines that the served person received actual notice of the substance and pendency of the action. The court may allow amendment to a summons or affidavit or certificate of service of summons. The court shall disregard any error in the content of summons that does not materially prejudice the substantive rights of the party to whom summons was issued. If service is made in any manner complying with ORS 419B.812 to 419B.839, the court shall also disregard any error in the service of summons that does not violate the due process rights of the party against whom summons was issued. [2001 c.622 §12; 2003 c.205 §15]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.839 - Required and discretionary summons.

(1) Summons in proceedings to establish jurisdiction under ORS 419B.100 must be served on:
(a) The parents of the child without regard to who has legal or physical custody of the child;
(b) The legal guardian of the child;
(c) A putative father of the child who satisfies the criteria set out in ORS 419B.875 (1)(a)(C), except as provided in subsection (4) of this section;
(d) A putative father of the child if notice of the initiation of filiation or parentage proceedings was on file with the Center for Health Statistics of the Oregon Health Authority prior to the initiation of the juvenile court proceedings, except as provided in subsection (4) of this section;
(e) The person who has physical custody of the child, if the child is not in the physical custody of a parent; and
(f) The child, if the child is 12 years of age or older.
(2) If it appears to the court that the welfare of the child or of the public requires that the child immediately be taken into custody, the court may indorse an order on the summons directing the officer serving it to take the child into custody.
(3) Summons may be issued requiring the appearance of any person whose presence the court deems necessary.
(4) Summons under subsection (1) of this section is not required to be given to a putative father whom a court of competent jurisdiction has found not to be the child’s legal parent or who has filed a petition for filiation that was dismissed if no appeal from the judgment or order is pending.
(5) If a guardian ad litem has been appointed for a parent under ORS 419B.231, a copy of a summons served on the parent under this section must be provided to the guardian ad litem. [2001 c.622 §13; 2003 c.205 §9; 2005 c.160 §3; 2005 c.450 §6; 2009 c.595 §365; 2017 c.651 §43]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.842 - When arrest warrant authorized.

(1) No person required to appear as provided in ORS 419B.812 to 419B.839 shall without reasonable cause fail to appear or, where directed in the summons, to bring the child before the court.
(2) If the summons cannot be served, if the person to whom the summons is directed fails to obey it or if it appears to the court that the summons will be ineffectual, the court may direct issuance of a warrant of arrest against the person summoned or against the child. [Formerly 419B.282]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.846 - Service of restraining order.

(1) A sheriff may serve a restraining order issued under ORS 419B.845 in the county in which the sheriff was elected and in any county that is adjacent to the county in which the sheriff was elected.
(2) A sheriff may serve and enter into the Law Enforcement Data System a copy of a restraining order under ORS 419B.845 that was transmitted to the sheriff by a court or law enforcement agency using an electronic communication device. Before transmitting a restraining order to a sheriff under this subsection by telephonic facsimile or electronic mail, the person sending the copy must receive confirmation from the sheriff’s office that an electronic communication device is available and operating. For purposes of this subsection, "electronic communication device" means a device by which any kind of electronic communication can be made, including but not limited to communication by telephonic facsimile and electronic mail. [2003 c.304 §14; 2007 c.255 §14; 2011 c.269 §8]