OAR 413-115-0030
Tribal Membership and Enrollment
(1)
Tribal Determination of Membership or Eligibility for Membership.(a)
The determination of whether the child is a member of a tribe (or eligible for membership), is solely within the jurisdiction of the tribe, except as otherwise provided in tribal or federal law.(b)
The determination of whether a biological parent is a member of a tribe is solely within the jurisdiction of the tribe, except as otherwise provided by tribal or federal law.(c)
When the Indian child is a member or eligible for membership in only one tribe, that tribe is the Indian child’s tribe.(d)
When 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 is the Indian child’s tribe.(e)
When 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, the Indian child’s tribe is:(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)
Department Responsibilities.(a)
When a child may be a member or enrolled or eligible for membership or enrollment in a tribe, the Department must follow all notification requirements in OAR 413-115-0050 (Notification to the Tribe of Placement or Change in Placement) and notice requirements in OAR 413-115-0120 (Notice Required Prior to a Child Custody Proceeding or Court Hearing).(b)
When a child may be a member of or enrolled in, or eligible for membership of or enrollment in, more than one tribe, the Department must gather and document information to assist the court in making a determination for purposes of the Act. The information, if available, must include, but is not limited to:(A)
The parents’ preference for the membership or enrollment of the child.(B)
The length of past domicile or residence on or near the reservation of each tribe.(C)
Tribal membership or enrollment of the child’s custodial parent or Indian custodian.(D)
Interest asserted by each tribe in the child-custody proceeding.(E)
Whether there has been a previous adjudication with respect to the child by a court of one of the tribes.(F)
Self-identification of the child if the child is of sufficient age and capacity to meaningfully self-identify.(c)
When the Department receives tribal confirmation regarding the status of a child’s membership or enrollment or eligibility for membership or enrollment, the Department must:(A)
Document in the Department’s information system either:(B)
Submit any and all confirmation from the tribe(s) regarding the child’s membership or enrollment status at subsequent court hearings.(d)
The Department must:(A)
Identify and work with all of the tribes of which the Department knows or has reason to know the child may be a member (or eligible for membership); and(B)
Treat the child as an Indian child when there is reason to know the child may be an Indian child unless it is determined by the court that the child does not meet the definition of an Indian child.(e)
Unless an Indian child’s parent objects, the Department must provide assistance with enrolling an Indian child within the juvenile court’s jurisdiction under ORS 419B.100 (Jurisdiction) in a tribe with which the child is eligible for enrollment.(f)
In any proceeding under ORS chapter 419B where there is reason to know the child is an Indian child and the Department reasonably believes that the Indian child is eligible for enrollment in a tribe, the Department must notify the Indian child’s parent of the parent’s right to object to the Department’s assistance under subsection (e) of this section.
Source:
Rule 413-115-0030 — Tribal Membership and Enrollment, https://secure.sos.state.or.us/oard/view.action?ruleNumber=413-115-0030.