Or. Admin. Code § 413-115-0020

Current through Register Vol. 63, No. 10, October 1, 2024

Section 413-115-0020 - Department Authority

Once it is found that an Indian child is involved, and the tribe or tribes who have an interest have been determined, the authority of the Department must be established. In some instances, the Department will have no authority to become involved in a case.

(1) Jurisdiction.

(a) Concurrent Jurisdiction. Except as otherwise provided in this section, the juvenile court's jurisdiction under ORS 419B.100(1) in a case involving an Indian child is concurrent with the Indian child 's tribe.

(b) Exclusive Jurisdiction. If a tribe is not subject to Public Law 83-280, the tribe has exclusive jurisdiction in a case described in ORS 419B.100(1) involving anIndian child if:

(A) The Indian child is a ward of a tribal court of the Indian child's tribe; or

(B) The Indian child resides or is domiciled within the reservation of the tribe.

(2) Tribe-State Agreements.

(a) An Indian tribe subject to Public Law 83-280 may limit the juvenile court's exercise of jurisdiction under ORS 419B.100(1) over an Indian child by entering into a tribal-state agreement.

(b) The juvenile court must decline to exercise its jurisdiction under ORS 419B.100(1) over an Indian child who is a ward of a tribal court of the Indian child's tribe, or who resides or is domiciled within the reservation of the tribe, if:

(A) The tribe has entered into a tribal-state agreement in which the state has agreed to decline jurisdiction; and

(B) The tribal-state agreement provides that the tribe has default jurisdiction over those cases.

(3) Notwithstanding subsections (1) and (2) of this section, the juvenile court has temporary exclusive jurisdiction over an Indian child who is placed into protective custody under ORS 419B.150 or 419B.152.

Or. Admin. Code § 413-115-0020

CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17; CWP 9-2017, f. 8-5-17, cert. ef. 8/6/2017; CWP 123-2018, amend filed 12/12/2018, effective 12/12/2018; CWP 148-2020, temporary amend filed 12/31/2020, effective 1/1/2021 through 6/29/2021; CWP 16-2021, amend filed 06/29/2021, effective6/29/2021; CWP 32-2021, amend filed 12/30/2021, effective 1/1/2022

Statutory/Other Authority: ORS 418.005, ORS 418.627 & ORS 409.050

Statutes/Other Implemented: ORS 418.005, ORS 419B.100 & ORS 419B.118