(2)(a) 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).
(b)(A) 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).
(B) 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.
(c) 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.
(3)(a) 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:
(A) 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;
(B) 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);
(C) Copies of any identification cards or other records indicating the membership of the child or the child’s parent in an Indian tribe;
(D) Copies of any tribal court records regarding the Indian child;
(E) 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
(F) 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).
(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.
(c) 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:
(A) 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
(B) 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).
(d) 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. [2021 c.398 §7]
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 109 - Parent and Child Rights and Relationships
Section 109.001 - Breast-feeding in public place.
Section 109.012 - Liability of parents for expenses and education of children.
Section 109.035 - Security required before foreign travel with child.
Section 109.041 - Relationship between adopted child and natural and adoptive parents.
Section 109.065 - Establishing parentage.
Section 109.070 - Presumption of parentage; establishing paternity by voluntary acknowledgment.
Section 109.072 - Petition to vacate or set aside parentage determination.
Section 109.073 - Social Security number of parent in paternity order.
Section 109.090 - Interpretation of ORS 109.060 to 109.090.
Section 109.096 - Notice to putative father when parentage not established.
Section 109.100 - Petition for support; effect of judgment; parties.
Section 109.103 - Proceeding to determine custody or support of child.
Section 109.124 - Definitions for ORS 109.124 to 109.230.
Section 109.125 - Who may initiate proceedings; petition; parties.
Section 109.135 - Circuit court jurisdiction; equity action; place of commencement.
Section 109.175 - Determination of legal custody after parentage established.
Section 109.225 - Notice to Center for Health Statistics after petition filed; filing notice.
Section 109.231 - Records open to public.
Section 109.237 - Attorney fees.
Section 109.243 - Relationship of child resulting from assisted reproduction to mother’s spouse.
Section 109.247 - Application of law to children resulting from assisted reproduction.
Section 109.252 - Authority for blood test; effect of refusal to submit to test; payment for test.
Section 109.254 - Selection of experts to make tests; admissible evidence.
Section 109.256 - Compensation of experts.
Section 109.259 - Temporary child support pending determination of parentage.
Section 109.260 - Applicability to criminal actions for nonsupport.
Section 109.266 - Definitions for ORS 109.266 to 109.410.
Section 109.268 - Interpretation of adoption laws; agreement for continuing contact.
Section 109.270 - Rules regarding home studies and placement reports.
Section 109.274 - Confidentiality of petitioners.
Section 109.283 - Application for home study by Oregon resident.
Section 109.287 - Adoption Summary and Segregated Information Statement; exhibits; confidentiality.
Section 109.301 - Consent to adoption in general.
Section 109.302 - Consent to adoption of Indian child; withdrawal of consent.
Section 109.323 - Consent when custody of child has been awarded in divorce proceedings.
Section 109.324 - Consent when parent has deserted or neglected child.
Section 109.326 - Consent when spouse not parent.
Section 109.327 - Consent by organization located outside Oregon.
Section 109.329 - Adoption of person 18 years of age or older or legally married.
Section 109.331 - Consenting agency disclosure of county and case number of adoption proceeding.
Section 109.332 - Grandparent visitation in stepparent adoption.
Section 109.342 - Medical history of child and biological parents required; content; form.
Section 109.346 - Adoption-related counseling for birth parent.
Section 109.347 - Civil action for failure to pay for counseling; attorney fees.
Section 109.350 - Judgment of adoption or readoption.
Section 109.353 - Notice of voluntary adoption registry required before judgment entered; waiver.
Section 109.381 - Effect of judgment of adoption.
Section 109.400 - Adoption report form.
Section 109.410 - Certificate of adoption; form; persons eligible to receive certificate; status.
Section 109.425 - Definitions for ORS 109.425 to 109.507.
Section 109.430 - Policy and purpose.
Section 109.435 - Adoption records to be permanently maintained.
Section 109.445 - Information of registry confidential.
Section 109.450 - Child placement agency to maintain registry; Department of Human Services duties.
Section 109.455 - Persons eligible to use registry.
Section 109.465 - Content of affidavit; notice of change in information.
Section 109.475 - Processing affidavits; notification of match.
Section 109.480 - Counseling of registrant.
Section 109.485 - Registry information to be maintained permanently.
Section 109.490 - Limits on releasing information.
Section 109.495 - Registrant fee.
Section 109.500 - Genetic, social and health history; availability; fee.
Section 109.503 - Access to adoption records for search; duties of searcher.
Section 109.505 - Support services; adoption and reunion issues.
Section 109.506 - Rulemaking; fees.
Section 109.510 - Age of majority.
Section 109.570 - Legislative findings.
Section 109.572 - Definitions for ORS 109.570 to 109.580.
Section 109.580 - Relative caregiver affidavit.
Section 109.670 - Right to donate blood.
Section 109.672 - Certain persons immune from liability for providing care to minor.
Section 109.680 - Disclosure by mental health care provider without minor’s consent; civil immunity.
Section 109.697 - Right to contract for dwelling unit and utilities without parental consent.
Section 109.701 - Short title.
Section 109.704 - Definitions for ORS 109.701 to 109.834.
Section 109.707 - Proceedings governed by other law.
Section 109.711 - Application to Indian tribes.
Section 109.714 - International application of ORS 109.701 to 109.834.
Section 109.717 - Effect of child custody determination.
Section 109.724 - Notice to persons outside state.
Section 109.727 - Appearance and limited immunity.
Section 109.731 - Communication between courts.
Section 109.734 - Taking testimony in another state.
Section 109.737 - Cooperation between courts; preservation of records.
Section 109.741 - Initial child custody jurisdiction.
Section 109.744 - Exclusive, continuing jurisdiction.
Section 109.747 - Jurisdiction to modify determination.
Section 109.751 - Temporary emergency jurisdiction.
Section 109.754 - Notice; opportunity to be heard; joinder.
Section 109.757 - Simultaneous proceedings.
Section 109.761 - Inconvenient forum.
Section 109.764 - Jurisdiction declined by reason of conduct.
Section 109.767 - Information to be submitted to court.
Section 109.771 - Appearance of parties and child.
Section 109.774 - Definitions for ORS 109.774 to 109.827.
Section 109.777 - Enforcement under Hague Convention.
Section 109.781 - Duty to enforce.
Section 109.784 - Temporary order for parenting time or visitation.
Section 109.787 - Registration of child custody determination; notice; fee; hearing.
Section 109.791 - Enforcement of registered determination.
Section 109.794 - Simultaneous proceedings.
Section 109.797 - Expedited enforcement of child custody determination.
Section 109.801 - Service of petition and order.
Section 109.807 - Warrant to take physical custody of child.
Section 109.811 - Costs, fees and expenses.
Section 109.814 - Recognition and enforcement.
Section 109.821 - Role of district attorney.
Section 109.824 - Role of law enforcement officer.
Section 109.827 - Costs and expenses of district attorney and law enforcement officers.
Section 109.831 - Application and construction.