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Oregon Revised Statutes

Or. Rev. Stat. § 419B.878 (2026)

Judicial inquiry and finding regarding whether child is Indian child

✓ current as of May 2026
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      419B.878 Judicial inquiry and finding regarding whether child is Indian child. (1) When a court conducts a hearing, the court shall inquire and make a finding, subject to the procedures under ORS 419B.636 (4), regarding whether a child is an Indian child.

      (2) If the court enters an order described in ORS 419B.636 (4)(b) directing that the child be treated as an Indian child, the court shall enter an order requiring the Department of Human Services to comply with the inquiry and notice provisions of ORS 419B.636 and 419B.639. [2001 c.622 §22; 2020 s.s.1 c.14 §40; 2021 c.398 §76]

Notes of Decisions
Cited in 4 cases, 2010–2020 · leading case: Dept. of Human Servs. v. T. J., 462 P.3d 315 (Or. Ct. App. 2020).
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Dept. of Human Servs. v. T. J., 462 P.3d 315 (Or. Ct. App. 2020). “At the time of the incident giving rise to this matter, T was four months old and living with mother and four maternal half-siblings, who ranged in age from two to five years.”
Dep't of Human Servs. v. S. R. H., 381 P.3d 1059 (Lane Cty. Cir. Ct., O.R. 2016). · cites it 2× “” ORS 419B.878. Accordingly, ICWA was, at that time, inapplicable.”
State v. N. L., 239 P.3d 255 (Or. Ct. App. 2010). “ORS 419B.878 (providing in part that “[i]f the court knows or has reason to know that an Indian child is involved, the court * * * shall enter an order that the case be treated as an Indian Child Welfare Act case until such time as the court determines that the case is not an…”
State v. NL, 239 P.3d 255 (Or. Ct. App. 2010). “ORS 419B.878 (providing in part that "[i]f the court knows or has reason to know that an Indian child is involved, the court * * * shall enter an order that the case be treated as an Indian Child Welfare Act case until such time as the court determines that the case is not an…”
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