ORS 419B.660
Conflict of laws
(1)
If any provision of ORS 109.278 (ICWA compliance report), 109.302 (Consent to adoption of Indian child), 109.382 (Vacating adoption of Indian child when parental consent to adoption obtained by fraud or duress), 109.383 (Notice of vacated judgment of adoption of Indian child or termination of adoptive parent’s parental rights to Indian child), 419B.600 (Policy on Indian child welfare) to 419B.654 (Placement preferences) or 419B.656 (Tribal customary adoption) or the amendments to statutes and session law by sections 1 to 5, 8 to 17, 20 to 30, 34 to 37, 40 to 64 and 65b to 77, chapter 398, Oregon Laws 2021, is found to provide a lower standard of protection to the rights of an Indian child or the Indian child’s parent, Indian custodian or tribe than the Indian Child Welfare Act:(a)
The higher standard of protection in the Indian Child Welfare Act shall control; and(b)
It shall not serve to render inoperative any remaining provisions of ORS 109.278 (ICWA compliance report), 109.302 (Consent to adoption of Indian child), 109.382 (Vacating adoption of Indian child when parental consent to adoption obtained by fraud or duress), 109.383 (Notice of vacated judgment of adoption of Indian child or termination of adoptive parent’s parental rights to Indian child), 419B.600 (Policy on Indian child welfare) to 419B.654 (Placement preferences) or 419B.656 (Tribal customary adoption) or the amendments to statutes and session law by sections 1 to 5, 8 to 17, 20 to 30, 34 to 37, 40 to 64 and 65b to 77, chapter 398, Oregon Laws 2021, that may be held to provide a higher standard of protection than the Indian Child Welfare Act.(2)
As used in this section, “Indian Child Welfare Act” means the federal Indian Child Welfare Act (25 U.S.C. 1901 et seq.) and related regulations. [2020 s.s.1 c.14 §64; 2021 c.398 §78]
Source:
Section 419B.660 — Conflict of laws, https://www.oregonlegislature.gov/bills_laws/ors/ors419B.html
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