OAR 413-115-0135
Mediated Agreements
(1)
Guardianships. If an Indian child is involved before the Department seeks finalization of a guardianship under ORS 419B.365 (Permanent guardianship) or ORS 419B.366 (Guardianship):(a)
The parent(s) and/or Indian custodian(s) must have had an opportunity to participate in mediation with the prospective guardian(s) for post-guardianship contact with the Indian child, and(b)
If requested by the Indian child’s tribe, an agreement is in place that requires the proposed guardian to maintain connection between the Indian child and the Indian child’s tribe.(2)
Termination of Parental Rights. If requested by the Indian child’s tribe, the Department will ensure an agreement is in place that requires the Department to maintain connection between the Indian child and the Indian child’s tribe before parental rights are terminated.(3)
Adoption. If the child is an Indian child:(a)
The Department must offer to coordinate mediation between the Indian child’s tribe and the proposed adoptive placement; and(b)
If an agreement described in paragraph (4)(a) of this subsection is in place, the Department must incorporate the terms of the agreement into the placement report.
Source:
Rule 413-115-0135 — Mediated Agreements, https://secure.sos.state.or.us/oard/view.action?ruleNumber=413-115-0135.