ORS 419B.636
Inquiry to determine whether child is Indian child
- when there is reason to know child is Indian child
- notice
(1)
In an emergency proceeding, the person taking the child into protective custody shall make a good faith effort to:(a)
Determine whether the person has reason to know that the child is an Indian child; and(b)
Contact by telephone, electronic mail, facsimile or other means of immediate communication any tribe of which the child is or may be a member to determine the child’s affiliation.(2)
Except as provided in subsection (1) of this section or if the person already knows that a child is an Indian child, whenever a person is required under ORS 419C.626 (Review hearing by court) or ORS chapter 109, 418, 419A or 419B to determine whether the person has reason to know that the child is an Indian child, the person shall make a good faith effort to determine whether the child is an Indian child, including, at a minimum, consulting with:(a)
The child;(b)
The child’s parent or parents;(c)
Any person having custody of the child or with whom the child resides;(d)
Extended family members of the child;(e)
Any other person who may reasonably be expected to have information regarding the child’s membership or eligibility for membership in an Indian tribe; and(f)
Any Indian tribe of which the child may be a member or of which the child may be eligible for membership.(3)
A court or person has reason to know that a child is an Indian child if:(a)
The person knows that the child is an Indian child;(b)
The court has found that the child is an Indian child or that there is reason to know that the child is an Indian child;(c)
Any individual present in the proceeding, officer of the court involved in the proceeding, Indian tribe, Indian organization or agency informs the court or the person that the child is an Indian child;(d)
Any individual present in the proceeding, officer of the court involved in the proceeding, agency, Indian tribe or Indian organization informs the court or the person that information has been discovered indicating that the child is an Indian child;(e)
The child indicates to the court or the person that the child is an Indian child;(f)
The court or the person is informed that the domicile or residence of the child, the child’s parent or the child’s Indian custodian is on a reservation or in an Alaska Native village;(g)
The court or the person is informed that the child is or has been a ward of a tribal court;(h)
The court or the person is informed that the child or the child’s parent possesses an identification card or other record indicating membership in an Indian tribe;(i)
Testimony or documents presented to the court or the person indicate in any way that the child may be an Indian child; or(j)
Any other indicia provided to the court or the person, or within the knowledge of the court or the person, indicates that the child is an Indian child.(4)
Intentionally left blank —Ed.(a)
Except as provided in ORS 109.278 (ICWA compliance report), whenever a person is required to demonstrate to the court that the person made efforts to determine whether a child is an Indian child, the court shall make written findings regarding whether the person satisfied the inquiry requirements under subsection (1) or (2) of this section, as appropriate, and whether the child is an Indian child, there is reason to know that the child is an Indian child or there is not reason to know that the child is an Indian child.(b)
At the commencement of any hearing in which the court is required to inquire whether a child is an Indian child, unless the court previously found that the child is an Indian child, the court shall ask, on the record, each individual present on the matter whether the individual has reason to know that the child is an Indian child and shall make a finding regarding whether there is reason to know that the child is an Indian child.(c)
If the court finds under paragraph (a) or (b) of this subsection that there is reason to know that the child is an Indian child but the court does not have sufficient evidence to find that the child is an Indian child, the court shall order that the child be treated as an Indian child until the court finds that the child is not an Indian child.(d)
If the court finds under paragraph (a) or (b) of this subsection that there is not reason to know that the child is an Indian child, the court shall order each party to immediately inform the court if the party receives information providing reason to know that the child is an Indian child.(5)
If the court finds under subsection (4) of this section that there is reason to know that the child is an Indian child but the court does not have sufficient evidence to make a finding that the child is or is not an Indian child, the court shall require the Department of Human Services or other party to submit a report, declaration or testimony on the record that the department or the other party used due diligence to identify and work with all of the tribes of which the child may be a member or in which the child may be eligible for membership to verify whether the child is a member or is eligible for membership.(6)
Intentionally left blank —Ed.(a)
A person making an inquiry under subsection (1) or (2) of this section shall request that any tribe receiving information under this section keep documents and information regarding the inquiry confidential if a consenting parent in an adoption proceeding under ORS 109.266 (Definitions for ORS 109.266 to 109.410) to 109.410 (Certificate of adoption) requests anonymity.(b)
A consenting parent’s request for anonymity does not relieve the court or any party in an adoption proceeding from the duty to verify whether the child is an Indian child. [2020 s.s.1 c.14 §15; 2021 c.398 §14]
Source:
Section 419B.636 — Inquiry to determine whether child is Indian child; when there is reason to know child is Indian child; notice, https://www.oregonlegislature.gov/bills_laws/ors/ors419B.html.
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