Current through Register Vol. 63, No. 3, March 1, 2024
(1) Notice must be
provided for each child custody proceeding under ORS chapter
419B in which there is reason to know the
child is an Indian child.
(2) The notice must be sent notice to:
(a) The parent or
parents;
(b) The
Indian custodian (if applicable);
(c) The Indian child's tribe
or tribes (or the tribes in which the Indian child is eligible
for membership if a biological parent is a
member);
(d) Any
other party to the case; and
(e) The Portland Regional Director of the
United States Bureau of Indian Affairs, as listed in
25 C.F.R.
23.11(b), if the identity or
location of the Indian child's parents,
Indian custodian or Indian child's tribe
cannot be ascertained.
(3) No hearing may be held on a child
custody proceeding involving an Indian child until at
least ten days after receipt of notice by all recipients in (2)(a)-(e) of this
rule. A parent, Indian custodian or
Indian child's tribe may request up to an additional 20 days
to prepare for the proceeding.
(4)
The Indian child's tribe is a party in all
child custody proceedings involving the child
and ODHS must provide notice for each child custody proceeding
to the Indian child's tribe.
(5) Service of notice for a child
custody proceeding.
(a) The
Department must provide notice of a child-custody
proceeding by registered or certified mail, with return receipt
requested.
(b) In addition to
providing notice of a child-custody proceeding by registered
or certified mail, the Department may provide personal
service, electronic service, or call the noticed
party.
(6) Content of notice for a child
custody proceeding. Notice must be in clear and understandable
language and include at a minimum:
(a) The
name, birthdate, and birthplace of the Indian child;
(b) The name of each Indian
tribe in which the Indian child is a
member (or may be eligible for membership or
enrollment if a biological parent is a
member);
(c) All
known names (including maiden, married, former or aliases) of the
parents, the parents' birthdates and
birthplaces, and tribal enrollment numbers, if known;
(d) If known, the names, birthdates,
birthplaces, and tribal enrollment information of other direct lineal ancestors
of the Indian child, such as
grandparent;
(e) A
copy of the petition or motion initiating the proceeding;
(f) If a hearing has been scheduled,
information on the date, time, and location of the hearing;
(g) The name of the petitioner and the name
and address of the petitioner's attorney, if any;
(h) A statement that the
child's parent, or Indian
custodian has the right to participate in the proceeding as a
party to the proceeding;
(i) A statement that the
child's tribe has the right to participate in the proceeding
as a party or in an advisory capacity;
(j) A statement that if the
parent or Indian custodian is unable to
afford counsel, counsel may be appointed by the court to represent
them;
(k) A statement of the right
of the parent or Indian custodian and the
Indian child's tribe to have, upon request, twenty additional
days to prepare for the child-custody proceeding;
(l) The location, mailing address, and
telephone number of the court;
(m)
Information related to all parties to the hearing and
individuals notified under this section;
(n) A statement of the right of the
parent or Indian custodian or the
Indian child 's tribe to petition the court to transfer the
child-custody proceeding to the Indian
child's tribal court pursuant to
25
U.S.C 1911 and
25
C.F.R. §23.115.
(o) The
potential legal consequences of the child-custody proceeding
on future custodial rights of the parent or Indian
custodian; and
(p) A
statement that the notified party must keep the information
contained in the notice confidential and may only reveal it to individuals who
need the information to exercise their rights under the
Act.
(7) Copies
of notice for a child custody proceeding.
(a) To the BIA. The
Department must provide a copy of the notices under this rule
to the appropriate regional director of the BIA. The copy must
include all the information in section (6) of this rule. A copy of these
notices may be provided by personal service, registered or certified mail, with
return receipt requested.
(b) To
the court. The Department must file with the court a copy of
each notice sent pursuant to this rule together with any return receipts or
other proofs of service.
(8) Notice required prior to each court
hearing.
(a) Notice of any court hearing
subsequent to the initiation of a child custody proceeding
must be provided to the Indian child's tribe or
tribes.
(b) Notice for a court
hearing described in (a) of this section must include the date, time and
location of the hearing.
(c) Notice
for a court hearing described in (a) of this section may be provided in person,
telephonically or electronically.
Statutory/Other Authority: ORS
418.005
& ORS
409.050
Statutes/Other Implemented: ORS
418.005,
ORS
419B.875,
ORS
419B.878
& ORS
419B.923