Transfer to tribal court.

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(1) Notify the tribal court of the pending dismissal of the child custody proceeding;

(2) Transfer all information regarding the proceeding, including pleadings and court records, to the tribal court;

(3) If the Indian child is alleged to be within the jurisdiction of the juvenile court under ORS 419B.100, direct the Department of Human Services to:

(a) Coordinate with the tribal court and the Indian child’s tribe to ensure that the transfer of the proceeding and the transfer of custody of the Indian child is accomplished with minimal disruption of services to the Indian child and the Indian child’s family; and

(b) Provide the Indian child’s tribe with documentation related to the Indian child’s eligibility for state and federal assistance and information related to the Indian child’s social history, treatment diagnosis and services and other relevant case and service related data; and

(4) Dismiss the proceeding upon confirmation from the tribal court that the tribal court received the transferred information. [2020 s.s.1 c.14 §14; 2021 c.398 §5]

Note: See note under 419B.600.


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