Or. Admin. Code § 413-115-0030 - Tribal Membership and Enrollment
(1) Tribal Determination of
Membership or Eligibility for Membership.
(a) The determination of whether the
child is a member of a tribe (or eligible for
membership), is solely within the jurisdiction of the tribe,
except as otherwise provided in tribal or federal law.
(b) The determination of whether a biological
parent is a member of a tribe is solely
within the jurisdiction of the tribe, except as otherwise provided by tribal or
federal law.
(c) When the
Indian child is a member or eligible for
membership in only one tribe, that tribe is the Indian
child's tribe.
(d) When
the Indian child is a member of one tribe but
is eligible for membership in one or more other tribes, the
tribe of which the Indian child is a member
is the Indian child's tribe.
(e) When the Indian child is
a member of more than one tribe or if the Indian
child is not a member of any tribe but is eligible
for membership with more than one tribe, the Indian
child's tribe is:
(A) The tribe
designated by agreement between the tribes of which the Indian
child is a member or in which the Indian
child is eligible for membership; or
(B) If the tribes are unable to agree on the
designation of the Indian child's tribe, the tribe designated
by the court.
(2)
Department
Responsibilities.
(a) When a
child may be a member or enrolled or eligible
for membership or enrollment in a tribe, the
Department must follow all notification requirements in OAR
413-115-0050 and notice
requirements in OAR 413-115-0120.
(b) When a child may be a
member of or enrolled in, or eligible for
membership of or enrollment in, more than one tribe, the
Department must gather and document information to assist the
court in making a determination for purposes of ORICWA. The
information, if available, must include, but is not limited to:
(A) The parents' preference
for the membership or enrollment of the Indian
child.
(B) The length of
past domicile or residence on or near the
reservation or Indian lands of each tribe.
(C) Tribal membership or
enrollment of the Indian child's custodial
parent or Indian custodian.
(D) Interest asserted by each tribe in the
child-custody proceeding.
(E) Whether there has been a previous
adjudication with respect to the Indian child by a court of
one of the tribes.
(F)
Self-identification of the child if the Indian
child is of sufficient age and capacity to meaningfully
self-identify.
(c) When
the Department receives tribal confirmation regarding the
status of an Indian child's
membership or
enrollment or eligibility for membership or enrollment, the
Department must:
(A) Document
in the Department's information system either:
(i) The determination by the tribe of the
child's membership or enrollment or
eligibility for membership or enrollment; or
(ii) The determination by the tribe declaring
the child is ineligible for membership or
enrollment.
(B) Submit
any and all confirmation from the tribe(s) regarding the
child's membership or enrollment status at
subsequent court hearings.
(d) The Department must:
(A) Identify and work with all of the tribes
of which the Department knows or has reason to
know the child may be a member (or
eligible for membership); and
(B) Treat the child as an
Indian child when there is reason to know the
child may be an Indian child unless it is
determined by the court that the child does not meet the
definition of an Indian child.
(e) In any proceeding under ORS chapter 419B
when there is reason to know the child is an
Indian child and the child is not a
member of a federally recognized Tribe and the
Department reasonably believes that the Indian
child is eligible for enrollment in a tribe, the
Department must notify the Indian child's
parent's right to object to the Department's
assistance. Unless an Indian child's parent
objects, the Department must provide assistance with enrolling
an Indian child within the juvenile court's
jurisdiction under ORS
419B.100 in a tribe with which
the child is eligible for enrollment.
Notes
Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
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