(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.

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(2) An Indian child’s parent has continued custody of the Indian child under ORS § 419B.600 to 419B.654 if the parent currently has, or previously had, custody of the Indian child.

(3) For purposes of ORS § 419B.600 to 419B.654, the following individuals are presumed to have continued custody of an Indian child:

(a) The Indian child’s biological mother.

(b) A man who is married to the Indian child’s biological mother.

(c) A man whose parentage has been acknowledged or established as described in ORS § 419B.609. [2020 s.s.1 c.14 § 3; 2021 c.398 § 48]

See note under 419B.600.