OAR 413-115-0120
Notice Required Prior to a Child Custody Proceeding or Court Hearing
(1)
Notice must be provided for each child custody proceeding under ORS chapter 419B in which there is reason to know the child is an Indian child.(2)
The Department must send notice for a child custody proceeding to:(a)
The parent or parents;(b)
The Indian custodian (if applicable);(c)
The Indian child’s tribe or tribes (or the tribes in which the child is eligible for membership if a biological parent is a member);(d)
Any other party to the case; and(e)
The Portland Regional Director of the United States Bureau of Indian Affairs, as listed in 25 C.F.R. 23.11(b), if the identity or location of the child’s parents, Indian custodian or tribe cannot be ascertained.(3)
Except for an emergency removal made pursuant to OAR 413-115-0070 (Emergency Removal and Return Upon Demand), the Department may not request a child custody proceeding regarding an Indian child until the following time frames have been met:(a)
Not less than ten days after receipt of notice by any the recipients in (2)(a)-(e) of this rule;(b)
Not less than thirty days after receipt of notice by any of the recipients in (2)(a)-(e) of this rule, if an additional twenty days has been requested the parent, Indian custodian, Indian child’s tribe or the BIA; or(c)
Not less than fifteen days after receipt of the notice by the appropriate regional BIA director.(4)
Notice for each child custody proceeding must be provided to a tribe even if the tribe has not intervened or has declined jurisdiction. If a tribe has declined jurisdiction, the tribe maintains the right to participate as an interested party or to intervene at any point in the case.(5)
Service of notice for a child custody proceeding.(a)
The Department must provide notice of a child-custody proceeding by registered or certified mail, with return receipt requested.(b)
In addition to providing notice of a child-custody proceeding by registered or certified mail, the Department may provide personal service, electronic service, or call the noticed party.(6)
Content of notice for a child custody proceeding. Notice must be in clear and understandable language and include at a minimum:(a)
The name, birthdate, and birthplace of the child;(b)
The name of each Indian tribe in which the child is a member (or may be eligible for membership or enrollment if a biological parent is a member);(c)
All known names (including maiden, married, former or aliases) of the parents, the parents’ birthdates and birthplaces, and tribal enrollment numbers, if known;(d)
If known, the names, birthdates, birthplaces, and tribal enrollment information of other direct lineal ancestors of the child, such as a grandparent;(e)
A copy of the petition, complaint, or other document by which the proceeding was initiated;(f)
If a hearing has been scheduled, information on the date, time, and location of the hearing;(g)
The name of the petitioner and the name and address of the petitioner’s attorney, if any;(h)
A statement setting forth the right of any parent, Indian custodian or the Indian child’s tribe, if not already a party, to intervene and participate in the proceeding;(i)
A statement that if the parent or Indian custodian is unable to afford counsel, counsel may be appointed by the court to represent them;(j)
A statement of the right of the parent or Indian custodian and the Indian child’s tribe to have, upon request, twenty additional days to prepare for the child-custody proceeding;(k)
The location, mailing address, and telephone number of the court;(l)
Information related to all parties to the hearing and individuals notified under this section;(m)
A statement of the right of the parent or Indian custodian or the Indian child’s tribe to petition the court to transfer the child-custody proceeding to the Indian child’s tribal court pursuant to 25 U.S.C 1911 and 25 C.F.R. §23.115.(n)
The potential legal consequences of the child-custody proceeding on future custodial rights of the parent or Indian custodian; and(o)
A statement that the notified party must keep the information contained in the notice confidential and may only reveal it to individuals who need the information to exercise their rights under the Act.(7)
Copies of notice for a child custody proceeding.(a)
To the BIA. The Department must provide a copy of the notices under this rule to the appropriate regional director of the BIA. The copy must include all the information in section (6) of this rule. A copy of these notices may be provided by personal service, registered or certified mail, with return receipt requested.(b)
To the court. The Department must file with the court a copy of each notice sent pursuant to this rule together with any return receipts or other proofs of service.(8)
Notice required prior to each court hearing.(a)
Notice of any court hearing subsequent to the initiation of a child custody proceeding must be provided to the child’s tribe or tribes.(b)
Notice for a court hearing described in (a) of this section must include the date, time and location of the hearing.(c)
Notice for a court hearing described in (a) of this section may be provided in person, telephonically or electronically.
Source:
Rule 413-115-0120 — Notice Required Prior to a Child Custody Proceeding or Court Hearing, https://secure.sos.state.or.us/oard/view.action?ruleNumber=413-115-0120.