Oregon Statutes 419B.627 – Jurisdiction; limitations; tribal court assumption of jurisdiction
(1) Except as otherwise provided in this section, the court’s jurisdiction under ORS § 109.276 (4) or 419B.100 (1) in a case involving an Indian child is concurrent with the Indian child’s tribe.
Terms Used In Oregon Statutes 419B.627
- 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.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
(2) If a tribe is not subject to Public Law 83-280, the tribe has exclusive jurisdiction in a case described in ORS § 109.276 (4) or 419B.100 (1) involving an Indian child if:
(a) The Indian child is a ward of a tribal court of the tribe; or
(b) The Indian child resides or is domiciled within the reservation of the tribe.
(3)(a) An Indian tribe subject to Public Law 83-280 may limit the court’s exercise of jurisdiction under ORS § 109.276 (4) or 419B.100 (1) over an Indian child by entering into a tribal-state agreement described in ORS § 419B.624.
(b) The court shall decline to exercise its jurisdiction under ORS § 109.276 (4) or 419B.100 (1) over an Indian child who is a ward of a tribal court or who resides or is domiciled within the reservation of a 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.
(c)(A) If the court declines to exercise its jurisdiction under paragraph (b) of this subsection, the court shall coordinate with the tribal court to facilitate the tribal court’s assumption of jurisdiction.
(B) The court shall:
(i) Allow the Indian child’s parent, Indian custodian or tribe to participate in any communications under this subsection with a tribal court or, if the person is unable to participate in a communication, provide the person with an opportunity to represent facts and legal arguments supporting the person’s position before the court makes a decision regarding jurisdiction;
(ii) Create records of any communications under this subsection;
(iii) Notify the Indian child’s parent, Indian custodian or tribe in advance of each communication; and
(iv) Provide the Indian child’s parent, Indian custodian or tribe with access to the record of the communication.
(C) Communications between the court and a tribal court regarding calendars, court records and similar matters may occur without informing the parties or creating a record of the communications.
(D) As used in this paragraph, ‘record’ means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(4) Notwithstanding subsections (2) and (3) of this section, the juvenile court has temporary exclusive jurisdiction over an Indian child who is taken into protective custody under ORS § 419B.150 or 419B.152. [2020 s.s.1 c.14 § 12; 2021 c.398 § 1]
See note under 419B.600.