(1) The parental rights of the parents of a ward may be terminated as provided in this section and ORS § 419B.502 to 419B.524, only upon a petition filed by the state or the ward for the purpose of freeing the ward for adoption if the court finds it is in the best interests of the ward and, if the ward is an Indian child, that the parents’ continued custody of the Indian child, as described in ORS § 419B.606, is likely to result in serious emotional or physical harm to the ward. The rights of one parent may be terminated without affecting the rights of the other parent.

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(2) Upon the filing of a petition to terminate parental rights, the court shall make a finding, subject to the procedures under ORS § 419B.636 (4), regarding whether there is reason to know that the ward is an Indian child. [1993 c.33 § 138; 1993 c.546 § 56; 1997 c.873 § 6; 2003 c.396 § 83; 2011 c.438 § 5; 2020 s.s.1 c.14 § 48; 2021 c.398 § 62]