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Oregon Revised Statutes

Or. Rev. Stat. § 419B.606 (2026)

Custody; presumption of continued custody

✓ current as of May 2026
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      419B.606 Custody; presumption of continued custody. (1) An individual has custody of an Indian child under ORS 419B.600 to 419B.654 if the individual has physical custody or legal custody of the Indian child under any applicable tribal law, tribal custom or state law.

      (2) An Indian child’s parent has continued custody of the Indian child under ORS 419B.600 to 419B.654 if the parent currently has, or previously had, custody of the Indian child.

      (3) For purposes of ORS 419B.600 to 419B.654, the following individuals are presumed to have continued custody of an Indian child:

      (a) The Indian child’s biological mother.

      (b) A man who is married to the Indian child’s biological mother.

      (c) A man whose parentage has been acknowledged or established as described in ORS 419B.609. [2020 s.s.1 c.14 §3; 2021 c.398 §48]

 

      Note: See note under 419B.600.

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2026–2026 · leading case: Dept. of Human Servs. v. K. C. W., 347 Or. App. 425 (Or. Ct. App. 2026).
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Dept. of Human Servs. v. K. C. W., 347 Or. App. 425 (Or. Ct. App. 2026). “” ORS 419B.606(2). See also 25 USC § 1912 (e) (“No foster care placement may be ordered in such proceeding in the absence of a deter- mination, supported by clear and convincing evidence, including testimony of qualified expert witnesses, that the continued custody of the child…”
Dept. of Human Servs. v. K. C. W., 347 Or. App. 425 (Or. Ct. App. 2026). “” ORS 419B.606(2). See also 25 USC § 1912 (e) (“No foster care placement may be ordered in such proceeding in the absence of a deter- mination, supported by clear and convincing evidence, including testimony of qualified expert witnesses, that the continued custody of the child…”
— Or. Rev. Stat. § 419B.606(2) — 2 cases
Dept. of Human Servs. v. K. C. W., 347 Or. App. 425 (Or. Ct. App. 2026). “” ORS 419B.606(2). See also 25 USC § 1912 (e) (“No foster care placement may be ordered in such proceeding in the absence of a deter- mination, supported by clear and convincing evidence, including testimony of qualified expert witnesses, that the continued custody of the child…”
Dept. of Human Servs. v. K. C. W., 347 Or. App. 425 (Or. Ct. App. 2026). “” ORS 419B.606(2). See also 25 USC § 1912 (e) (“No foster care placement may be ordered in such proceeding in the absence of a deter- mination, supported by clear and convincing evidence, including testimony of qualified expert witnesses, that the continued custody of the child…”
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