ORS 419B.627 Jurisdiction; limitations; tribal court assumption of jurisdiction

Except as otherwise provided in this section, the court’s jurisdiction under ORS 109.276 (4) or 419B.100 (1) in a case involving an Indian child is concurrent with the Indian child’s tribe.

If a tribe is not subject to Public Law 83-280, the tribe has exclusive jurisdiction in a case described in ORS 109.276 (4) or 419B.100 (1) involving an Indian child if:

The Indian child is a ward of a tribal court of the tribe; or

The Indian child resides or is domiciled within the reservation of the tribe.

An Indian tribe subject to Public Law 83-280 may limit the court’s exercise of jurisdiction under ORS 109.276 (4) or 419B.100 (1) over an Indian child by entering into a tribal-state agreement described in ORS 419B.624.

The court shall decline to exercise its jurisdiction under ORS 109.276 (4) or 419B.100 (1) over an Indian child who is a ward of a tribal court or who resides or is domiciled within the reservation of a tribe if:

The tribe has entered into a tribal-state agreement in which the state has agreed to decline jurisdiction; and

The tribal-state agreement provides that the tribe has default jurisdiction over those cases.

If the court declines to exercise its jurisdiction under paragraph (b) of this subsection, the court shall coordinate with the tribal court to facilitate the tribal court’s assumption of jurisdiction.

The court shall:

Allow the Indian child’s parent, Indian custodian or tribe to participate in any communications under this subsection with a tribal court or, if the person is unable to participate in a communication, provide the person with an opportunity to represent facts and legal arguments supporting the person’s position before the court makes a decision regarding jurisdiction;

Create records of any communications under this subsection;

Notify the Indian child’s parent, Indian custodian or tribe in advance of each communication; and

Provide the Indian child’s parent, Indian custodian or tribe with access to the record of the communication.

Communications between the court and a tribal court regarding calendars, court records and similar matters may occur without informing the parties or creating a record of the communications.

As used in this paragraph, “record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

Notwithstanding subsections (2) and (3) of this section, the juvenile court has temporary exclusive jurisdiction over an Indian child who is taken into protective custody under ORS 419B.150 or 419B.152.