ORS 419B.603
Definitions
(1)
Intentionally left blank —Ed.(a)
“Child custody proceeding” means a matter arising under ORS chapter 109, 418, 419A or 419B in which the legal custody or physical custody of an Indian child is an issue.(b)
“Child custody proceeding” does not include:(A)
A proceeding for the custody or support of, or parenting time with, a child under ORS 109.100 (Petition for support), 109.103 (Proceeding to determine custody or support of child) or 109.119 (Rights of person who establishes emotional ties creating child-parent relationship or ongoing personal relationship); or(B)
An emergency proceeding.(2)
“Emergency proceeding” means any court action that involves the emergency removal or emergency placement of an Indian child, including removal under ORS 419B.150 (When protective custody authorized), with or without a protective custody order, or a shelter care proceeding under ORS 419B.185 (Evidentiary hearing).(3)
Intentionally left blank —Ed.(a)
“Extended family member” has the meaning given that term by the law or custom of an Indian child’s tribe.(b)
If the meaning of “extended family member” cannot be determined under paragraph (a) of this subsection, “extended family member” means a person who has attained 18 years of age and who is the Indian child’s grandparent, aunt, uncle, brother, sister, sister-in-law, brother-in-law, niece, nephew, first cousin, second cousin, stepparent or, as determined by the Indian child’s tribe, clan or band member.(4)
“Indian” means a person who is a member of an Indian tribe or who is an Alaska Native and a member of a regional corporation as defined in section 7 of the Alaska Native Claims Settlement Act (43 U.S.C. 1606).(5)
“Indian child” means any unmarried person who has not attained 18 years of age and:(a)
Is a member or citizen of an Indian tribe; or(b)
Is eligible for membership or citizenship in an Indian tribe and is the biological child of a member of an Indian tribe.(6)
“Indian custodian” means an Indian, other than the Indian child’s parent, who has custody, as described in ORS 419B.606 (Custody) (1), of the Indian child, or to whom temporary physical care, custody and control has been transferred by the Indian child’s parent.(7)
“Indian tribe” or “tribe” means any Indian tribe, band, nation or other organized group or community of Indians federally recognized as eligible for the services provided to Indians by the United States Secretary of the Interior because of their status as Indians, including any Alaska Native village as defined in 43 U.S.C. 1602(c).(8)
“Juvenile court” has the meaning given that term in ORS 419A.004 (Definitions).(9)
“Member” or “membership” means a determination by an Indian tribe that a person is a member or citizen in that Indian tribe.(10)
“Parent” means:(a)
A biological parent of an Indian child;(b)
An Indian who has lawfully adopted an Indian child, including adoptions made under tribal law or custom; or(c)
A father whose parentage has been acknowledged or established under ORS 109.065 (Establishing parentage) or 419B.609 (Acknowledgment or establishment of parentage).(11)
“Party” or “parties” means parties to a proceeding, as described in ORS 419B.875 (Parties to proceedings).(12)
“Reservation” means Indian country as defined in 18 U.S.C. 1151 and any lands not covered under that section, title to which is held by the United States in trust for the benefit of an Indian tribe or individual or held by an Indian tribe or individual subject to a restriction by the United States against alienation.(13)
“Tribal court” means a court with jurisdiction over Indian child custody proceedings and that is either a Court of Indian Offenses, a court established and operated under the code or custom of an Indian tribe or any other administrative body of a tribe that is vested with authority over Indian child custody proceedings. [2020 s.s.1 c.14 §2; 2021 c.398 §11]
Source:
Section 419B.603 — Definitions, https://www.oregonlegislature.gov/bills_laws/ors/ors419B.html.
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