(2) If there is reason to know that a child in a proceeding under ORS 109.266 to 109.410 or ORS chapter 419B is an Indian child and active efforts are required, the court must determine whether active efforts have been made to prevent the breakup of the family or to reunite the family.
(3) Active efforts require a higher standard of conduct than reasonable efforts.
(4) Active efforts must:
(a) Be documented in detail in writing and on the record;
(b) If the child is alleged to be within the jurisdiction of the juvenile court under ORS 419B.100, include assisting the Indian child’s parent or parents or Indian custodian through the steps of a case plan and with accessing or developing the resources necessary to satisfy the case plan;
(c) Include providing assistance in a manner consistent with the prevailing social and cultural standards and way of life of the Indian child’s tribe;
(d) Be conducted in partnership with the Indian child and the Indian child’s parents, extended family members, Indian custodians and tribe; and
(e) Be tailored to the facts and circumstances of the case.
(5) Active efforts may include, as applicable, the following:
(a) Conducting a comprehensive assessment of the circumstances of the Indian child’s family, with a focus on reunification as the most desirable goal;
(b) Identifying appropriate services and helping the Indian child’s parents overcome barriers to reunification, including actively assisting the parents in obtaining the identified services;
(c) Identifying, notifying and inviting representatives of the Indian child’s tribe to participate in providing support and services to the Indian child’s family and in family team meetings, permanency planning, resolution of placement issues, reviews or other case management related meetings;
(d) Conducting or causing to be conducted a diligent search for the Indian child’s extended family members, contacting and consulting with the Indian child’s extended family members and adult relatives to provide family structure and support for the Indian child and the Indian child’s parents;
(e) Offering and employing culturally appropriate family preservation strategies and facilitating the use of remedial and rehabilitative services provided by the Indian child’s tribe;
(f) Taking steps to keep the Indian child and the Indian child’s siblings together whenever possible;
(g) Supporting regular visits with the Indian child’s parent or Indian custodian in the most natural setting possible, as well as trial home visits during any period of removal, consistent with the need to ensure the health, safety and welfare of the Indian child;
(h) Identifying community resources, including housing, financial assistance, employment training, transportation, mental health, health care, substance abuse prevention and treatment, parent training, transportation and peer support services and actively assisting the Indian child’s parents or, when appropriate, the Indian child’s extended family members, in utilizing and accessing those resources;
(i) Monitoring progress and participation of the Indian child’s parents, Indian custodian or extended family members in the services as described in paragraphs (b), (c), (e) and (h) of this subsection;
(j) Considering alternative options to address the needs of the Indian child’s parents and, where appropriate, the Indian child’s extended family members, if the services as described in paragraphs (b), (c), (e) and (h) of this subsection are not available;
(k) Providing post-reunification services and monitoring while the Indian child is within the juvenile court’s jurisdiction; and
(L) Any other efforts that are appropriate to the Indian child’s circumstances. [2020 s.s.1 c.14 §18; 2021 c.398 §20]
Note: See note under 419B.600.