ORS 419B.647 Right to counsel

If there is reason to know that a child in a proceeding under ORS chapter 419B is an Indian child:

The court shall appoint counsel to represent the Indian child.

If the Indian child’s parent or Indian custodian requests counsel to represent the parent or Indian custodian but is without sufficient financial means to employ suitable counsel possessing skills and experience commensurate with the nature of the petition and the complexity of the case, the court shall appoint suitable counsel to represent the Indian child’s parent or Indian custodian if the parent or Indian custodian is determined to be financially eligible under the policies, procedures, standards and guidelines of the Oregon Public Defense Commission.

Upon presentation of the order of appointment under this section by the attorney for the Indian child, any agency, hospital, school organization, division or department of the state, doctor, nurse or other health care provider, psychologist, psychiatrist, police department or mental health clinic shall permit the attorney for the Indian child to inspect and copy any records of the Indian child involved in the case, without the consent of the Indian child or the Indian child’s parent or Indian custodian. This subsection does not apply to records of a police agency relating to an ongoing investigation prior to bringing charges.