Title 34, Human Services; Juvenile Code; Corrections

(1) The court may order that the child or ward or any other person be present during the hearing. (2) The court shall notify the parties listed in ORS 419B.470 and any other interested parties of the hearing. The notice shall state the time and place of the hearing. Upon request …

(1) A permanency hearing shall be conducted in the manner provided in ORS 418.312, 419B.310, 419B.812 to 419B.839 and 419B.908, except that the court may receive testimony and reports as provided in ORS 419B.325. (2) At a permanency hearing the court shall: (a) If the case plan a…

(1) Except as provided in subsection (2) of this section, the Department of Human Services shall simultaneously file a petition to terminate the parental rights of a child or ward’s parents and identify, recruit, process and approve a qualified family for adoption if the child or…

(1) The parental rights of the parents of a ward may be terminated as provided in this section and ORS 419B.502 to 419B.524, only upon a petition filed by the state or the ward for the purpose of freeing the ward for adoption if the court finds it is in the best interests of the …

The rights of the parent or parents may be terminated as provided in ORS 419B.500 if the court finds that the parent or parents are unfit by reason of a single or recurrent incident of extreme conduct toward any child. In such case, no efforts need to be made by available social …

The rights of the parent or parents may be terminated as provided in ORS 419B.500 if the court finds that the parent or parents are unfit by reason of conduct or condition seriously detrimental to the child or ward and integration of the child or ward into the home of the parent …

The rights of the parent or parents may be terminated as provided in ORS 419B.500 if the court finds that the parent or parents have failed or neglected without reasonable and lawful cause to provide for the basic physical and psychological needs of the child or ward for six mont…

The rights of the parent or parents may be terminated as provided in ORS 419B.500 if the court finds that the parent or parents have abandoned the child or ward or the child or ward was left under circumstances such that the identity of the parent or parents of the child or ward …

(1) The rights of the parent may be terminated as provided in ORS 419B.500 if the court finds that the child or ward was conceived as the result of an act that led to the parent’s conviction for rape under ORS 163.355, 163.365 or 163.375 or other comparable law of another jurisdi…

(1) The use of mediation shall be encouraged in cases involving: (a) A parent or guardian in a juvenile dependency proceeding in which the child is taken into protective custody or placed in substitute care; or (b) The termination of parental rights. (2) If the child or ward is a…

(1) If the parents are determined to be financially eligible, and request the assistance of appointed counsel, the court shall appoint an attorney to represent them at state expense. Appointment of counsel under this section is subject to ORS 135.055, 151.216 and 151.219. (2) The…

(1) The court shall hold a hearing on the question of terminating the rights of the parent or parents. The court may not hold the hearing any earlier than 10 days after service or final publication of the summons. The facts on the basis of which the rights of the parents are term…

(1) Except as provided in ORS 109.382, 109.383, 419B.532 or 419B.651, unless there is an appeal from the order terminating the rights of the parent or parents, the order permanently terminates all rights of the parent or parents whose rights are terminated and the parent or paren…

(1) After the entry of an order terminating the rights of the parent or parents of the ward, the court may: (a) Place the ward in the legal custody and guardianship of a public or private institution or agency authorized to consent in loco parentis to the adoption of children. An…

(1) Notwithstanding ORS 109.276, a prospective adoptive parent is not required to file a petition for adoption when: (a) One of the following has occurred: (A) A juvenile court that is a circuit court has entered an order of permanent commitment of a ward to the Department of Hum…

(1) Whenever a juvenile court has before it an action to terminate parental rights, the juvenile court or the Department of Human Services may request the services of the Attorney General. (2) Whenever an action to terminate parental rights is before a juvenile court pursuant to …

(1) As used in this section, “former parent” means a person who was previously the legal parent of a ward and whose parental rights to the ward have been terminated. (2)(a) In a proceeding under ORS 419B.500, the Department of Human Services or a ward may file a motion to reinsta…

As used in ORS 419B.550 to 419B.558: (1) “Domicile” of a minor means the legal residence or domicile of the custodial parent or guardian. (2) “Emancipation” means conferral of certain rights of majority upon a minor, as enumerated in ORS 419B.552. (3) “Minor” means a person under…

(1) A juvenile court, upon the written application of a minor who is domiciled within the jurisdiction of such court, is authorized to enter a judgment of emancipation in the manner provided in ORS 419B.558. A judgment of emancipation shall serve only to: (a) Recognize the minor …

(1) The juvenile court shall conduct a preliminary hearing on the minor’s application for emancipation within 10 days of the date on which it is filed or as soon as possible thereafter. At the time of the preliminary hearing, the court may issue a temporary custody order, stay an…

(1) The juvenile court in its discretion may enter a judgment of emancipation where the minor is at least 16 years of age and the court finds that the best interests of the minor will be served by emancipation. In making its determination, the court shall take into consideration …

The Legislative Assembly finds that the United States Congress recognizes the special legal status of Indian tribes and their members. It is the policy of the State of Oregon to protect the health and safety of Indian children and the stability and security of Indian tribes and f…

As used in ORS 419B.600 to 419B.654, unless the context provides otherwise: (1)(a) “Child custody proceeding” means a matter arising under ORS chapter 109, 418, 419A or 419B in which the legal custody or physical custody of an Indian child is an issue. (b) “Child custody proceedi…

(1) An individual has custody of an Indian child under ORS 419B.600 to 419B.654 if the individual has physical custody or legal custody of the Indian child under any applicable tribal law, tribal custom or state law. (2) An Indian child’s parent has continued custody of the India…

(1) A man’s parentage of an Indian child is acknowledged or established for purposes of ORS 109.266 to 109.410 and 419B.600 to 419B.654 and ORS chapter 419B if the man’s parentage has been: (a) Established under ORS 109.065; (b) Established under tribal law; (c) Recognized in acc…

In a child custody proceeding involving an Indian child, when making a determination regarding the best interests of the child under ORS 109.266 to 109.410 or 419B.600 to 419B.654, ORS chapter 419B, the Indian Child Welfare Act (25 U.S.C. 1901 et seq.) or any regulations or rules…

(1) Unless an Indian child’s parent objects, the Department of Human Services shall provide assistance with enrolling an Indian child within the juvenile court’s jurisdiction under ORS 419B.100 in a tribe with which the child is eligible for enrollment. (2) In any child custody p…

(1) In a child custody proceeding in which an Indian child is alleged to be within the jurisdiction of the court under ORS chapter 109, 418, 419A or 419B, or in a hearing under ORS 419C.626 involving an Indian child, the Indian child’s tribe is: (a) If the Indian child is a membe…

In any child custody proceeding based on allegations that an Indian child is within the jurisdiction of the court under ORS 109.266 to 109.410 or ORS chapter 419B, the court must determine the residence and domicile of the Indian child and whether the Indian child is a ward of tr…

For purposes of ORS 419B.600 to 419B.654: (1) A person’s domicile is the place the person regards as home, where the person intends to remain or to which, if absent, the person intends to return. (2) An Indian child’s domicile is, in order of priority, the domicile of: (a) The In…

(1)(a) The Department of Human Services shall make a good faith effort to enter into a tribal-state agreement with any Indian tribe within the borders of this state. (b) The department may also enter into a tribal-state agreement with any Indian tribe outside of this state having…

(1) 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. (2) If a tribe is not subject to Public Law 83-280, the tribe has exclusive jurisdicti…

(1) Except as provided in subsection (5) of this section, the court shall transfer a child custody proceeding under ORS 109.266 to 109.410 or ORS chapter 419B involving an Indian child if, at any time during the proceeding, the Indian child’s parent, Indian custodian or tribe pet…

Upon granting a transfer motion under ORS 419B.630, the court shall expeditiously: (1) Notify the tribal court of the pending dismissal of the child custody proceeding; (2) Transfer all information regarding the proceeding, including pleadings and court records, to the tribal cou…

(1) In an emergency proceeding, the person taking the child into protective custody shall make a good faith effort to: (a) Determine whether the person has reason to know that the child is an Indian child; and (b) Contact by telephone, electronic mail, facsimile or other means of…

(1)(a) In an emergency proceeding, if there is reason to know that a child is an Indian child and the nature of the emergency allows, the Department of Human Services must notify by telephone, electronic mail, facsimile or other means of immediate communication any tribe of which…

(1) In any child custody proceeding under ORS chapter 109 or 419B that requires the testimony of a qualified expert witness, the petitioner shall contact the Indian child’s tribe and request that the tribe identify one or more individuals meeting the criteria described in subsect…

(1) As used in this section, “active efforts” means efforts that are affirmative, active, thorough, timely and intended to maintain or reunite an Indian child with the Indian child’s family. (2) If there is reason to know that a child in a proceeding under ORS 109.266 to 109.410 …

(1) Notwithstanding ORS 9.160 and 9.320, a tribe that is a party to a proceeding under ORS 419B.875 (1)(a)(I) may be represented by any individual, regardless of whether the individual is licensed to practice law. (2) An attorney who is not barred from practicing law in this stat…

(1) If there is reason to know that a child in a proceeding under ORS chapter 419B is an Indian child: (a) The court shall appoint counsel to represent the Indian child. (b) If the Indian child’s parent or Indian custodian requests counsel to represent the parent or Indian custod…

(1) In any child custody proceeding under ORS 109.326 or 109.330 or ORS chapter 419B when there is reason to know that the child is an Indian child, each party has the right to timely examine all reports or other documents held by the Department of Human Services that are not oth…

(1) A petition to vacate an order or a judgment involving an Indian child regarding jurisdiction, placement, guardianship or the termination of parental rights may be filed in a pending child custody proceeding involving the Indian child or, if none, in any state or local court o…

(1) The juvenile court, on the court’s own motion or on the motion of any party, shall expeditiously determine whether an Indian child asserted to be within the jurisdiction of the juvenile court under ORS 419B.100 has been improperly removed or improperly retained following a vi…

(1) If the parental rights of an Indian child’s parents have not been terminated and the Indian child is in need of placement or continuation in substitute care, as defined in ORS 419A.004, except as provided in subsection (3) of this section the child must be placed in the least…

(1) As used in this section, “tribal customary adoption” means the adoption of an Indian child, by and through the tribal custom, traditions or law of the child’s tribe, and which may be effected without the termination of parental rights. (2) If the juvenile court determines tha…

No later than September 15 of every even-numbered year, the Department of Human Services and the Judicial Department shall report to the interim committees of the Legislative Assembly relating to children regarding: (1) The number of Indian children involved in dependency proceed…

(1) If any provision of ORS 109.278, 109.302, 109.382, 109.383, 419B.600 to 419B.654 or 419B.656 or the amendments to statutes and session law by sections 1 to 5, 8 to 17, 20 to 30, 34 to 37, 40 to 64 and 65b to 77, chapter 398, Oregon Laws 2021, is found to provide a lower stand…

The juvenile court shall give full faith and credit to the public acts, records and judicial proceedings of an Indian tribe applicable to an Indian child custody proceeding. [2020 s.s.1 c.14 §63] Note: See note under 419B.600.

The Department of Human Services and the Judicial Department may adopt rules to implement ORS 419B.600 to 419B.654. [2020 s.s.1 c.14 §65] Note: See note under 419B.600. JUVENILE COURT DEPENDENCY PROCEDURE

(1) ORS 419B.800 to 419B.929 govern procedure and practice in all juvenile court proceedings under this chapter. The Oregon Rules of Civil Procedure do not apply in these proceedings. (2) ORS 419B.800 to 419B.929 apply to all proceedings under this chapter pending on or filed on …