Oregon Statutes 419B.651 – Vacating order or judgment regarding jurisdiction, placement, guardianship or termination of parental rights; effect of vacated order or judgment
(1) A petition to vacate an order or a judgment involving an Indian child regarding jurisdiction, placement, guardianship or the termination of parental rights may be filed in a pending child custody proceeding involving the Indian child or, if none, in any state or local court of competent jurisdiction by:
Terms Used In Oregon Statutes 419B.651
- 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.
(a) The Indian child who was alleged to be within the jurisdiction of the court under ORS § 109.276 or 419B.100;
(b) The Indian child’s parent or Indian custodian from whose custody such child was removed or whose parental rights were terminated; or
(c) The Indian child’s tribe.
(2)(a) The court shall vacate an order or judgment involving an Indian child regarding jurisdiction, placement, guardianship or the termination of parental rights if the court determines that any provision of ORS § 418.312, 419B.627, 419B.630, 419B.639 (2), (3)(a) or (b) or (5)(a), 419B.647 (1) or 419B.648 or, where required, ORS § 419B.642 (2), 419B.645 or 419B.654 has been violated and the court determines it is appropriate to vacate the order or judgment.
(b) If the vacated order or judgment resulted in the removal or placement of the Indian child, the court shall order the child immediately returned to the Indian child’s parent or Indian custodian and 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.
(c) If the vacated order or judgment terminated parental rights, the court shall order the previously terminated parental rights to be restored.
(d) If the state or any other party affirmatively asks the court to reconsider the issues under the vacated order or judgment, the court’s findings or determinations must be readjudicated.
(3) As used in this section, ‘termination of parental rights’ includes the involuntary termination of parental rights under ORS Chapter 419B or the termination of parental rights resulting from an adoption proceeding under ORS § 109.266 to 109.410. [2020 s.s.1 c.14 § 22; 2021 c.398 § 37]
See note under 419B.600.