2017 ORS 418.627¹
Placement consistent with the Indian Child Welfare Act

(1) The Legislative Assembly finds that in the Indian Child Welfare Act, Public Law 95-608, the United States Congress recognized the special legal status of Indian tribes and their members. This section implements the federal policy of protecting Indian cultures by insuring the placement of Indian children within Indian families or communities, and that as a consequence, the State of Oregon should take the actions provided in subsections (2) to (4) of this section.

(2) A person providing a foster home to an American Indian child shall be eligible for payments under ORS 418.625 (Definitions for ORS 418.625 to 418.645) to 418.645 (Appeal from decision of department) regardless of the relationship by blood or marriage that the person has to the child where the child’s placement in the foster home is pursuant to the Indian Child Welfare Act (25 U.S.C. 1901 et seq.).

(3) Certification of a foster home described in subsection (2) of this section shall be pursuant to standards set out in an agreement between the Department of Human Services and the tribe of which the child is a member or, if there is no such agreement, certification shall be pursuant to standards adopted by a federally recognized Indian tribe.

(4) If subsection (2) or (3) of this section is found to be unconstitutional for any reason, then the entire section shall be null and void. [1987 c.773 §§2,3]

Notes of Decisions

Tribe may intervene in child custody pro­ceed­ing even though not represented by attorney. State ex rel Juv. Dept. v. Shuey, 119 Or App 185, 850 P2d 185 (1993)

Chapter 418

Notes of Decisions

Where plaintiffs brought ac­tion under 42 U.S.C. 1983 alleging viola­tion of federal civil rights after defendant Children’s Services Division employees removed plaintiffs’ child from home following reports of abuse, CSD workers entitled to absolute immunity in investiga­tion, taking child into custody and keeping plaintiffs from visiting child. Tennyson v. Children’s Services Division, 308 Or 80, 775 P2d 1365 (1989)

1 Legislative Counsel Committee, CHAPTER 418—Child Welfare Services, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors418.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 418, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano418.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.