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Or. Admin. R. 413-070-0150
OREGON
ADMINISTRATIVE RULES COMPILATION
CHAPTER
413. DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS
DIVISION
70. SUBSTITUTE CARE
PLACEMENT
OF INDIAN CHILDREN
413-070-0150
Emergency Removals
(1)
The agency can take emergency protective custody of any Indian
child (who resides or is domiciled on a reservation, but
who is temporarily located off the reservation) regardless of the
jurisdictional status of his or her tribe as long as
the following criteria are met:
(a)
The child is not located on an Indian reservation where
the tribe has exclusive jurisdiction over child custody matters; (In
Oregon, at present, only the Warm Springs and Burns Paiute
tribes have such jurisdiction.) and,
(b)
The child is in danger of imminent physical damage or
harm.
(2)
Whenever a child is taken into protective custody, agency staff
shall inquire as to the child's racial or ethnic background,
unless circumstances do not
permit such routine inquiry. (In such cases, once the child
is taken into protective custody, the service worker shall take
the required steps to determine racial/ethnic category, as described in
OAR 413-070-0170(1);)
(3)
If there is reason to believe the child may be
Indian, and in order to determine if the tribe has
exclusive jurisdiction, agency staff shall immediately inquire as to the
child's residence or domicile (since the child may be a
resident of or domiciled on a reservation but is temporarily
off the reservation). If the child is believed to be
Indian, efforts shall be made to place the child during
emergency custody in a setting which follows the placement priorities
established by the Indian
Child Welfare Act
or the tribe and set forth in OAR 413-070-0220.
(4)
Emergency custody shall be terminated when:
(a)
Emergency removal or placement is no longer necessary to prevent
imminent physical damage or harm to the child; or
(b)
The appropriate tribe exercises jurisdiction over the case.
(5)
In order to terminate an emergency removal or placement, the
agency shall return the child to his or her parent,
or the service worker shall initiate an expeditious transfer of
jurisdiction to the appropriate Indian tribe. If termination of an
emergency removal or placement is not possible, the agency shall
obtain a court order authorizing continued protective custody within 24
judicial hours of the removal or placement. The petition filed
in such proceeding
must contain the following, in addition to that information required
by state law:
(a)
The name, age, tribal affiliation(s) and last known address of
the Indian child;
(b)
The name and address of the child's parent(s) and/or Indian
custodian(s), if any, and tribe. If unknown, the agency shall
provide a detailed explanation of efforts made to locate them;
(c)
If known, whether the residence or domicile of the parent(s),
Indian custodian(s) or child is on or near a reservation,
and which reservation;
(d)
A specific and detailed account of the circumstances which led
the agency to conclude that the child would suffer imminent
physical damage or harm;
(e)
A specific plan of action the agency is following, including
services provided, to restore the child to his/her parent(s) or
Indian custodian(s), or to transfer the child to the jurisdiction
of the appropriate Indian tribe.
(6)
Where the danger to the Indian child persists and the
child's tribe does not have exclusive jurisdiction and will not
request transfer of the case to its court, the service
worker shall, in consultation with the child's parent(s) and tribe,
if known, explore available placement resources which meet the placement
requirements in OAR 413-070-0220.
Stat.
Auth.: HB 2004
Stats.
Implemented: 25 USC §1901
Hist.:
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
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