Oregon Revised Statutes Chapter 109 § 109.278 — ICWA

ICWA compliance report; court findings regarding inquiry, notice and placement preferences; documentation of compliance; training; forms; rules. (1) In a proceeding for the adoption or readoption of a minor child, within 90 days after service of a petition or amended petition upon the Director of Human Services as required under ORS 109.285 or 109.385, the Department of Human Services shall file with the court an ICWA compliance report. The ICWA compliance report must reflect the department’s review of the petition or amended petition and must advise the court on whether the documentation submitted by the petitioner is sufficient and complete for the court to make the findings required under subsection (2) of this section. Nothing in this subsection or subsection (3) of this section requires the department to make a determination of law regarding the documentation provided by the petitioner. (2)(a) Upon receiving an ICWA compliance report, the court shall order the matter to proceed if the court finds that the petitioner satisfied the inquiry requirements under ORS 419B.636 (2) and, if applicable, the notice requirements under ORS 419B.639 (2). (b)(A) If the court finds, subject to the procedures under ORS 419B.636 (4), that there is reason to know that the child is an Indian child, the court’s order under this subsection must include a finding regarding whether the proposed adoptive placement complies with the preferences under ORS 419B.654 (2). If the court finds that the proposed adoptive placement does not comply with the preferences or that the documentation provided by the petitioner is insufficient for the court to make a finding, the court shall direct the petitioner to amend the petition to cure the deficiency or file a motion under ORS 419B.654 (3) for authority to make the placement contrary to the placement preferences under ORS 419B.654 (2). (B) If the court finds that the petitioner failed to satisfy the inquiry or, if applicable, the notice requirements under ORS 419B.636 (2) and 419B.639 (2), or if the documentation supplied by the petitioner is insufficient for the court to make those findings, the court shall direct the petitioner to cure the inquiry or notice deficiency and file an amended petition. (c) The court shall order the petitioner to appear and show cause why the court should not dismiss the petition if the court directs the petitioner to file an amended petition or a motion under paragraph (b) of this subsection and the petitioner fails to do so within a reasonable amount of time. (3)(a) The department shall, by rule, provide a nonexhaustive description of the documentation that petitioners or moving parties in proceedings under ORS