ORS 419C.058
Transfer of jurisdiction to tribal court
(1)
With the approval of the Chief Justice of the Supreme Court, the presiding judge of the twenty-second judicial district and, for cases arising in Wasco County or Hood River County, the presiding judge of the seventh judicial district may enter into a memorandum of understanding with the Confederated Tribes of Warm Springs regarding the adjudication and disposition of youths and adjudicated youths.(2)
A memorandum of understanding entered into under subsection (1) of this section may allow the juvenile court of the judicial district:(a)
To waive its jurisdiction over a youth and transfer the case, notwithstanding ORS 419C.005 (Jurisdiction), to the jurisdiction of the tribal court of the Confederated Tribes of Warm Springs for adjudication; or(b)
After finding the youth to be within its jurisdiction under ORS 419C.005 (Jurisdiction), to transfer the case to the tribal court of the Confederated Tribes of Warm Springs for disposition.(3)
A memorandum of understanding entered into under subsection (1) of this section applies only to youths or adjudicated youths who are enrolled members of a federally recognized tribe and who reside on the Warm Springs Reservation.(4)
A memorandum of understanding entered into under subsection (1) of this section may contain, but is not limited to, provisions relating to:(a)
The duration of the memorandum of understanding;(b)
The cases that are subject to transfer;(c)
Who may request a transfer;(d)
The custody of a youth or adjudicated youth after transfer; and(e)
The sharing of information about a case after it has been transferred. [2003 c.415 §2; 2015 c.175 §1; 2021 c.489 §61]
Source:
Section 419C.058 — Transfer of jurisdiction to tribal court, https://www.oregonlegislature.gov/bills_laws/ors/ors419C.html.
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