419B.600
Policy on Indian child welfare.
The Legislative Assembly finds that the United States Congress recognizes the
special legal status of Indian tribes and their members. It is the policy of
the State of Oregon to protect the health and safety of Indian children and the
stability and security of Indian tribes and families by promoting practices
designed to prevent the removal of Indian children from their families and, if
removal is necessary and lawful, to prioritize the placement of an Indian child
with the Indian child’s extended family and tribal community. The state
recognizes the inherent jurisdiction of Indian tribes to make decisions
regarding the custody of Indian children. The state also recognizes the
importance of ensuring that Indian children and Indian families receive
appropriate services to obviate the need to remove an Indian child from the
Indian child’s home and, if removal is necessary and lawful, to effect the
child’s safe return home. ORS 419B.600 to 419B.654 create additional safeguards
for Indian children to address disproportionate rates of removal, to improve
the treatment of and services provided to Indian children and Indian families
in the child welfare system and to ensure that Indian children who must be
removed are placed with Indian families, communities and cultures. [2020 s.s.1
c.14 §1]
Note: 419B.600 to 419B.665 were enacted
into law by the Legislative Assembly but were not added to or made a part of
ORS chapter 419B or any series therein by legislative action. See Preface to
Oregon Revised Statutes for further explanation.
Notes of Decisions
Dept. of Human Servs. v. M. G. J., 374 Or. 228 (Or. 2025).
· cites it 10× “Or Laws 2020, ch 14, §§ 1-66 (Spec Sess 1), codified as ORS 419B.600 ORS 419B.654.1 ORICWA both added to and amended Oregon’s existing juvenile dependency code, ORS 1 The legislature enacted the TCA statute as an addition to ORICWA the next year.”
Dept. of Human Servs. v. M. P., 537 P.3d 593 (Or. Ct. App. 2023).
“2 2 The removal process described in the subsequent paragraphs does not apply to “Indian children” pursuant to the Indian Child Welfare Act, 25 USC §§ 1901 to 1963, and the Oregon Indian Child Welfare Act, ORS 419B.600 to 419B.665, which require heightened removal standards and…”
Dept. of Human Servs. v. L. B., 325 Or. App. 176 (Or. Ct. App. 2023).
“See ORS 419B.600 - 419B.665; Indian Child Welfare Act of 1978, 25 USC §§ 1901 - 1963.”
Dept. of Human Servs. v. R. F., 538 P.3d 577 (Or. Ct. App. 2023).
“B is an enrolled member of the Oglala Sioux Tribe (the tribe), making this case subject to the Indian Child Welfare Act of 1975 (ICWA), 25 USC sections 1901-1963 , as well as to the Oregon Indian Child Welfare Act (ORICWA), ORS 419B.600 to 419B.665. In a previous dependency…”
Dept. of Human Servs. v. M. G. J., 374 Or. 228 (Or. 2025).
· cites it 10× “Or Laws 2020, ch 14, §§ 1-66 (Spec Sess 1), codified as ORS 419B.600 - 419B.654.1 ORICWA both added to and amended Oregon’s existing juvenile dependency code, ORS 1 The legislature enacted the TCA statute as an addition to ORICWA the next year.”
Dept. of Human Servs. v. M. G. J., 329 Or. App. 101 (Or. Ct. App. 2023).
“See ORS 419B.600 - 419B.665. In 2021, the court asserted dependency jurisdiction over both children.”
Dept. of Human Servs. v. A. R. E., 340 Or. App. 73 (Or. Ct. App. 2025).
· cites it 3× “2 1 ICWA and ORICWA require proof by clear and convincing evidence, notice to and consultation with the child’s tribe, active efforts, qualified expert witness testimony, a finding of imminent physical damage before the child can be removed from the parent or Indian caregiver,…”
Dept. of Human Servs. v. A. R. E., 340 Or. App. 73 (Or. Ct. App. 2025).
· cites it 3× “2 Unless 1 ICWA and ORICWA require proof by clear and convincing evidence, notice to and consultation with the child’s tribe, active efforts, qualified expert witness testimony, a finding of imminent physical damage before the child can be removed from the parent or Indian…”
Dept. of Human Servs. v. T. G., 342 Or. App. 548 (Or. Ct. App. 2025).
“” ORS 419B.600. The legislature further “recognize[d] the inher- ent jurisdiction of Indian tribes to make decisions regarding the custody of Indian children.”
Dept. of Human Servs. v. T. G., 342 Or. App. 548 (Or. Ct. App. 2025).
“” ORS 419B.600. The legislature further “recognize[d] the inher- ent jurisdiction of Indian tribes to make decisions regarding the custody of Indian children.”
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