Or. Admin. R. 413-070-0130

OREGON ADMINISTRATIVE RULES COMPILATION

CHAPTER 413. DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS

DIVISION 70. SUBSTITUTE CARE

PLACEMENT OF INDIAN CHILDREN

 


413-070-0130 Applicability


(1) General:


(a) The Indian Child Welfare Act affects all placements of Indian children taking place after May 8, l979, and also applies to changes or possible changes in placement of Indian children already under DHS authority as a result of a proceeding prior to May 8, l979;


(b) The Act does not cover the full range of procedures involved in a juvenile court proceeding; where it is silent, the usual state court procedure should be followed. Under constitutional law, the federal Act takes precedence where it conflicts with state law. When the state law affords a higher standard of protection of the rights of the parents or Indian custodian, it applies.


(2) Exceptions. Child custody proceedings not covered by the Act are:


(a) An award of custody to one of the parents in a divorce proceeding;


(b) A placement based upon an act which, if committed by an adult, would be a crime (unless the juvenile delinquency proceeding results in the termination of a parental relationship).


(3) Although initial placements of an Indian child based upon a law violation may not be covered by the Act, subsequent placements resulting from petitions alleging dependency, or status offenses that can only be committed by a minor (runaway, beyond control, etc.), are covered by the Act.



Stat. Auth.: ORS 418.005



Stats. Implemented: 25 USC §1901



Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 41-2001, f. 12-31-01, cert. ef. 1-1-02

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