(a) "Former parent" means a person who was previously the legal parent of an Indian child subject to a judgment of adoption under ORS 109.350 or 419B.529 and whose parental rights have not been restored under ORS 109.382 to 419B.652.
(b) "Prior Indian custodian" means a person who was an Indian child’s Indian custodian before entry of a judgment of adoption of the child under ORS 109.350 or 419B.529.
(2) If a judgment of adoption of an Indian child under ORS 109.350 or 419B.529 is vacated, or the adoptive parent has voluntarily consented to the termination of parental rights, the court vacating the judgment or terminating the parental rights must notify, by registered or certified mail with return receipt requested, the Indian child’s former parents, prior Indian custodian, if any, and Indian tribe.
(3) The notice required under subsection (2) of this section must:
(a) Include the Indian child’s current name and any former names as reflected in the court record;
(b) Inform the recipient of the right to move the court for the return of custody of and restoration of parental rights to the Indian child under this section;
(c) Provide sufficient information to allow the recipient to participate in any scheduled hearings; and
(d) Be sent to the last known address in the court record.
(4)(a) An Indian child’s former parent or prior Indian custodian may waive notice under this section by executing waiver of notice in person before the court and filing the waiver with the court. The waiver must clearly set out the conditions to the waiver, if any.
(b) Prior to the execution of a waiver under this subsection, the court must explain to the former parent or prior Indian custodian, on the record in detail and in the language of the former parent or prior Indian custodian:
(A) The former parent’s right to legal counsel, if applicable;
(B) The terms and consequences of the waiver; and
(C) How the waiver may be revoked.
(c) After execution of the waiver, the court shall certify that it provided the explanation as required under paragraph (b) of this subsection and that the former parent or prior Indian custodian fully understood the explanation.
(5) At any time prior to the entry of a judgment of adoption or readoption of the Indian child, the former parent or prior Indian custodian may revoke a waiver executed by the former parent or prior Indian custodian by filing a written revocation with the court or by making a statement of revocation on the record in a proceeding for the adoption of the Indian child.
(6)(a) If a judgment of adoption or readoption of an Indian child under ORS 109.350 or 419B.529 is vacated other than as provided in ORS 109.382 or 419B.651 or the adoptive parent of the Indian child has voluntarily consented to the termination of parental rights, an Indian child’s former parent or prior Indian custodian may intervene in the proceeding and move the court for the Indian child to be returned to the custody of the former parent or prior Indian custodian and for the parental rights to the Indian child to be restored.
(b)(A) The moving party shall provide by registered or certified mail, return receipt requested, notice of the motion for the Indian child to be returned to the custody of the former parent or prior Indian custodian and the time set for filing objections to the motion, together with notice of proceeding in the form required under ORS 419B.639 (3), to:
(i) Each tribe of which the child may be a member or in which the Indian child may be eligible for membership;
(ii) The child’s parents;
(iii) The child’s Indian custodian, if applicable; and
(iv) The appropriate United States Bureau of Indian Affairs Regional Director listed in 25 C.F.R. 23.11(b), if the identify or location of the child’s parents cannot be ascertained.
(B) The petitioner shall file a declaration of compliance, including a copy of each notice sent under this subsection, together with any return receipts or other proof of service.
(c) Upon the filing of an objection to the motion, the court shall fix the time for hearing on objections.
(d) The court shall order the Indian child returned to the custody of the former parent or prior Indian custodian or restore the parental rights to the Indian child unless the court finds, by clear and convincing evidence, that the return of custody or restoration of parental rights is not in the child’s best interests, as described in ORS 419B.612. The court’s order must include a transition plan for the physical custody of the child, which may include protective supervision under ORS 419B.331. [2021 c.398 §32]
Note: See note under 109.382.
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.