ORS 109.278 ICWA compliance report; court findings regarding inquiry, notice and placement preferences; documentation of compliance; training; forms; rules

In a proceeding for the adoption or readoption of a minor child, within 90 days after service of a petition or amended petition upon the Director of Human Services as required under ORS 109.285 or 109.385, the Department of Human Services shall file with the court an ICWA compliance report. The ICWA compliance report must reflect the department’s review of the petition or amended petition and must advise the court on whether the documentation submitted by the petitioner is sufficient and complete for the court to make the findings required under subsection (2) of this section. Nothing in this subsection or subsection (3) of this section requires the department to make a determination of law regarding the documentation provided by the petitioner.

Upon receiving an ICWA compliance report, the court shall order the matter to proceed if the court finds that the petitioner satisfied the inquiry requirements under ORS 419B.636 (2) and, if applicable, the notice requirements under ORS 419B.639 (2).

If the court finds, subject to the procedures under ORS 419B.636 (4), that there is reason to know that the child is an Indian child, the court’s order under this subsection must include a finding regarding whether the proposed adoptive placement complies with the preferences under ORS 419B.654 (2). If the court finds that the proposed adoptive placement does not comply with the preferences or that the documentation provided by the petitioner is insufficient for the court to make a finding, the court shall direct the petitioner to amend the petition to cure the deficiency or file a motion under ORS 419B.654 (3) for authority to make the placement contrary to the placement preferences under ORS 419B.654 (2).

If the court finds that the petitioner failed to satisfy the inquiry or, if applicable, the notice requirements under ORS 419B.636 (2) and 419B.639 (2), or if the documentation supplied by the petitioner is insufficient for the court to make those findings, the court shall direct the petitioner to cure the inquiry or notice deficiency and file an amended petition.

The court shall order the petitioner to appear and show cause why the court should not dismiss the petition if the court directs the petitioner to file an amended petition or a motion under paragraph (b) of this subsection and the petitioner fails to do so within a reasonable amount of time.

The department shall, by rule, provide a nonexhaustive description of the documentation that petitioners or moving parties in proceedings under ORS 109.266 to 109.410 may submit to the court to document compliance with the inquiry and notice requirements under ORS 419B.636 (2) and (4) and 419B.639 (2) and (3) and the placement preferences under ORS 419B.654, including:

Descriptions of the consultations the petitioner or moving party made with the individuals described in ORS 419B.636 (2) and the responses the petitioner or moving party obtained;

Descriptions of any oral responses and copies of any written responses the petitioner or moving party obtained from the individuals described in ORS 419B.636 (2) or 419B.639 (3);

Copies of any identification cards or other records indicating the membership of the child or the child’s parent in an Indian tribe;

Copies of any tribal court records regarding the Indian child;

Any reports, declarations or testimony on the record documenting the due diligence of the petitioner or moving party to identify and work with all of the tribes of which the petitioner or moving party has reason to know that the child may be a member or in which the child may be eligible for membership; and

The declaration of compliance regarding ORS 419B.639 (2) notices the petitioner sent, as described in ORS 109.285 (5)(d) and 109.385 (7)(b).

The department shall adopt any other rules for the preparation of ICWA compliance reports that are necessary for the department to carry out the department’s duties under ORS 109.266 to 109.410.

The State Court Administrator may prepare and make available to the public forms and information to assist petitioners to comply with the requirements under this section, ORS 109.285, 109.385, 419B.636 (2), 419B.639 (2) and (3) and 419B.654 (2) and (3) and any related rules, including:

Forms of petitions required under ORS 109.285 and 109.385, motions to request a deviation from the placement preferences under ORS 419B.654 (3) and notices required under ORS 419B.639 (2); and

Worksheets and checklists to assist petitioners with the inquiry required under ORS 419B.636 (2), the notices required under ORS 419B.639 (2) and assessing whether proposed adoptive placements satisfy the preferences under ORS 419B.654 (2).

The Judicial Department may design and offer trainings to courts having jurisdiction over adoption matters regarding the application of ORS 419B.600 to 419B.654 to adoptions of minor children, including but not limited to identifying when there is reason to know that the child is an Indian child and making findings regarding the sufficiency of inquiry and notice and the appropriateness of adoptive placements.