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, 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, 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]