Oregon Statutes 419B.633 – Transfer to tribal court
Upon granting a transfer motion under ORS § 419B.630, the court shall expeditiously:
Terms Used In Oregon Statutes 419B.633
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
(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 court;
(3) If the Indian child is alleged to be within the jurisdiction of the juvenile court under ORS § 419B.100, direct the Department of Human Services to:
(a) Coordinate with the tribal court and the Indian child’s tribe to ensure that the transfer of the proceeding and the transfer of custody of the Indian child is accomplished with minimal disruption of services to the Indian child and the Indian child’s family; and
(b) Provide the Indian child’s tribe with documentation related to the Indian child’s eligibility for state and federal assistance and information related to the Indian child’s social history, treatment diagnosis and services and other relevant case and service related data; and
(4) Dismiss the proceeding upon confirmation from the tribal court that the tribal court received the transferred information. [2020 s.s.1 c.14 § 14; 2021 c.398 § 5]
See note under 419B.600.