ORS 419B.639
Notice to tribe in emergency proceeding
- notice in other proceedings
- form and timing of notice
- exception
(1)
Intentionally left blank —Ed.(a)
In an emergency proceeding, if there is reason to know that a child is an Indian child and the nature of the emergency allows, the Department of Human Services must notify by telephone, electronic mail, facsimile or other means of immediate communication any tribe of which the child is or may be a member.(b)
Notification under this subsection must include the basis for the child’s removal, the time, date and place of the initial hearing and a statement that the tribe has the right to participate in the proceeding as a party or in an advisory capacity under ORS 419B.875 (Parties to proceedings).(2)
Except as provided in subsection (1) of this section, if there is reason to know that a child alleged to be within the court’s jurisdiction under ORS chapter 109, 418, 419A or 419B is an Indian child and notice is required, the party providing notice must:(a)
Promptly send notice of the proceeding as described in subsection (3) of this section; and(b)
File a copy of each notice sent under this section with the court, together with any return receipts or other proof of service.(3)
Notice under subsection (2) of this section must:(a)
Be sent to:(A)
Each tribe of which the child may be a member or of which the Indian child may be eligible for membership;(B)
The child’s parents;(C)
The child’s Indian custodian, if applicable; and(D)
The appropriate United States Bureau of Indian Affairs Regional Director 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.(b)
Be sent by registered or certified mail, return receipt requested.(c)
Be in clear and understandable language and include the following:(A)
The child’s name, date of birth and place of birth;(B)
To the extent known, all names, including maiden, married and former names or aliases, of the child’s parents, the parents’ birthplaces and tribal enrollment numbers;(C)
To the extent known, the names, dates of birth, places of birth and tribal enrollment information of other direct lineal ancestors of the child;(D)
The name of each Indian tribe of which the child is a member or in which the Indian child may be eligible for membership;(E)
If notice is required to be sent to the United States Bureau of Indian Affairs under paragraph (a) of this subsection, to the extent known, information regarding the child’s direct lineal ancestors, an ancestral chart for each biological parent, and the child’s tribal affiliations and blood quantum;(F)
A copy of the petition or motion initiating the proceeding and, 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;(H)
In a proceeding under ORS chapter 419B:(i)
A statement that the child’s parent or Indian custodian has the right to participate in the proceeding as a party to the proceeding under ORS 419B.875 (Parties to proceedings);(ii)
A statement that the child’s tribe has the right to participate in the proceeding as a party or in an advisory capacity under ORS 419B.875 (Parties to proceedings);(iii)
A statement that if the court determines that the child’s parent or Indian custodian is unable to afford counsel, the parent or Indian custodian has the right to court-appointed counsel; and(iv)
A statement that the child’s parent, Indian custodian or tribe has the right, upon request, to up to 20 additional days to prepare for the proceeding;(I)
In a proceeding under ORS 109.266 (Definitions for ORS 109.266 to 109.410) to 109.410 (Certificate of adoption), a statement that the child’s tribe may intervene in the proceeding;(J)
A statement that the child’s parent, Indian custodian or tribe has the right to petition the court to transfer the child custody proceeding to the tribal court;(K)
A statement describing the potential legal consequences of the proceeding on the future parental and custodial rights of the parent or Indian custodian;(L)
The mailing addresses and telephone numbers of the court and contact information for all parties to the proceeding and individuals notified under this section; and(M)
A statement that the information contained in the notice is confidential and that the notice should not be shared with any person not needing the information to exercise rights under ORS 419B.600 (Policy on Indian child welfare) to 419B.654 (Placement preferences).(4)
If there is a reason to know that the Indian child’s parent or Indian custodian has limited English proficiency and may not understand the contents of the notice under subsection (2) of this section, the court must provide language access services as required by Title VI of the Civil Rights Act of 1964 and other applicable federal and state laws. If the court is unable to secure translation or interpretation support, the court shall contact or direct a party to contact the Indian child’s tribe or the local office of the United States Bureau of Indian Affairs for assistance identifying a qualified translator or interpreter.(5)
Intentionally left blank —Ed.(a)
A hearing that requires notice under subsection (2) of this section may not be held until at least 10 days after the latest of receipt of the notice by the Indian child’s parent, Indian custodian or tribe or, if applicable, the United States Bureau of Indian Affairs. Upon request, the court shall grant the Indian child’s parent, Indian custodian or tribe up to 20 additional days from the date upon which notice was received by the parent, Indian custodian or tribe to prepare for participation in the hearing.(b)
Nothing in this subsection prevents a court at an emergency proceeding before the expiration of the waiting period described in paragraph (a) of this subsection from reviewing the removal of an Indian child from the Indian child’s parent or Indian custodian to determine whether the removal or placement is no longer necessary to prevent imminent physical damage or harm to the Indian child. [2020 s.s.1 c.14 §16; 2021 c.398 §15]
Source:
Section 419B.639 — Notice to tribe in emergency proceeding; notice in other proceedings; form and timing of notice; exception, https://www.oregonlegislature.gov/bills_laws/ors/ors419B.html.
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