Oregon Administrative Rules
Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS
Division 115 - APPLICATION OF THE INDIAN CHILD WELFARE ACT (ICWA)
Section 413-115-0070 - Emergency Removal and Return Upon Demand

(1) During a CPS assessment, the Department may place an Indian child into emergency protective custody, whether or not the Indian child's domicile or residence is on a reservation, and regardless of the jurisdiction held by the child's tribe, if the following criteria are met:

(2) The Department cannot develop a protective action plan under OAR 413-015- 0432 in which the Indian child remains with either parent or Indian Custodian, or an in-home initial safety plan per the requirements of OAR 413-015-0437, meeting the requirements of OAR 413-015-0432 to ensure child safety.

(3) If there is reason to know the child may be an Indian child, and in order to determine if the tribe has exclusive jurisdiction, Department staff must immediately inquire to determine weather:

(4) When the Department is taking an Indian child into protective custody in an emergency removal, the Department must make a good faith effort to determine whether there is reason to know that the child is an Indian child. If the Department has not already determined that the child is an Indian child the Department's good faith effort, must include compliance with OAR 413-115-0040 and by consultation with:

(5) When taking emergency protective custody of an Indian child, the Department must contact by telephone, electronic mail, facsimile or other means of immediate communication any tribe of which the Indian child is or may be a member to determine the Indian child's affiliation. When emergency removal is necessary, the Department must consult with the tribe.

(6) When taking emergency protective custody of an Indian child, the Department must notify the Indian child's tribe(s) of the basis for the child's removal, the time, date and place of the initial hearing, and a statement that the tribe has the right to participate in the proceeding as a party or in an advisory capacity under ORS 419B.875.

(7) If there is reason to know the child is an Indian child, active efforts must be made to place the Indian child during emergency protective custody in a setting which follows the placement priorities established by the tribe, Tribal-State Agreement or, OR ICWA (as set forth in OAR 413-115-0090).

(8) If there is reason to know the child is an Indian child, and the child is placed in emergency protective custody the Department must comply with the following:

(9) Emergency protective custody can be terminated by one or more of the following actions:

(10) If an Indian child is removed pursuant to an emergency removal and cannot be returned to the parent or Indian custodian and the case will not proceed immediately in tribal court under ORS 419B the Department must request that the court hold a hearing within 24 hours from the emergency removal, excluding Saturdays, Sundays and judicial holidays to request temporary custody of the Indian child.

(11) A petition and accompanying documents filed pursuant to section (7) of this rule must contain the following information, if known, in addition to any information required by state law:

(12) When a safety threat to the Indian child persists and the Indian child's tribe does not have exclusive jurisdiction and will not request transfer of the case to its court, the Department must initiate a child custody proceeding and, in consultation with the Indian child's parents and tribe, if known, explore available placement resources which meet the placement preferences in OAR 413-115-0090, unless such placement has already occurred.