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Statute

419B.100 Jurisdiction; bases; Indian children.

(1) Except as otherwise provided in subsection (5) of this section and ORS 107.726, the juvenile court has exclusive original jurisdiction in any case involving a person who is under 18 years of age and:
(a) Who is beyond the control of the person’s parents, guardian or other person having custody of the person;
(b) Whose behavior is such as to endanger the welfare of the person or of others;
(c) Whose condition or circumstances are such as to endanger the welfare of the person or of others;
(d) Who is dependent for care and support on a public or private child-caring agency that needs the services of the court in planning for the best interest of the person;
(e) Whose parents or any other person or persons having custody of the person have:
(A) Abandoned the person;
(B) Failed to provide the person with the care or education required by law;
(C) Subjected the person to cruelty, depravity or unexplained physical injury; or
(D) Failed to provide the person with the care, guidance and protection necessary for the physical, mental or emotional well-being of the person;
(f) Who has run away from the home of the person;
(g) Who has filed a petition for emancipation pursuant to ORS 419B.550 to 419B.558; or
(h) Who is subject to an order entered under ORS 419C.411 (7)(a).
(2) The court shall have jurisdiction under subsection (1) of this section even though the child is receiving adequate care from the person having physical custody of the child.
(3) The provisions of subsection (1) of this section do not prevent a court of competent jurisdiction from entertaining a civil action or suit involving a child.
(4) The court does not have further jurisdiction as provided in subsection (1) of this section after a minor has been emancipated pursuant to ORS 419B.550 to 419B.558.
(5)
(a) An Indian tribe has exclusive jurisdiction over any child custody proceeding involving an Indian child who resides or is domiciled within the reservation of the tribe, except where the jurisdiction is otherwise vested in the state by existing federal law.
(b) Upon the petition of either parent, the Indian custodian or the Indian child’s tribe, the juvenile court, absent good cause to the contrary and absent objection by either parent, shall transfer a proceeding for the foster care placement of, or termination of parental rights to, an Indian child not domiciled or residing within the reservation of the Indian child’s tribe, to the jurisdiction of the tribe.
(c) The juvenile court shall give full faith and credit to the public acts, records and judicial proceedings of an Indian tribe applicable to an Indian child custody proceeding to the same extent that the juvenile court gives full faith and credit to the public acts, records and judicial proceedings of any other entity.


[1993 c.33 §53; 1993 c.546 §10; 1993 c.643 §5; 2005 c.843 §31; 2011 c.291 §5; 2013 c.1 §61]

Case Cites

2011 Version

419B.100 Jurisdiction; bases; Indian children.

(1) Except as otherwise provided in subsection (6) of this section and ORS 107.726, the juvenile court has exclusive original jurisdiction in any case involving a person who is under 18 years of age and:
(a) Who is beyond the control of the person’s parents, guardian or other person having custody of the person;
(b) Whose behavior is such as to endanger the welfare of the person or of others;
(c) Whose condition or circumstances are such as to endanger the welfare of the person or of others;
(d) Who is dependent for care and support on a public or private child-caring agency that needs the services of the court in planning for the best interest of the person;
(e) Whose parents or any other person or persons having custody of the person have:
(A) Abandoned the person;
(B) Failed to provide the person with the care or education required by law;
(C) Subjected the person to cruelty, depravity or unexplained physical injury; or
(D) Failed to provide the person with the care, guidance and protection necessary for the physical, mental or emotional well-being of the person;
(f) Who has run away from the home of the person;
(g) Who has filed a petition for emancipation pursuant to ORS 419B.550 to 419B.558; or
(h) Who is subject to an order entered under ORS 419C.411 (7)(a).
(2) The court shall have jurisdiction under subsection (1) of this section even though the child is receiving adequate care from the person having physical custody of the child.
(3) The provisions of subsection (1) of this section do not prevent a court of competent jurisdiction from entertaining a civil action or suit involving a child.
(4) The court does not have further jurisdiction as provided in subsection (1) of this section after a minor has been emancipated pursuant to ORS 419B.550 to 419B.558.
(5)
(a) An Indian tribe has exclusive jurisdiction over any child custody proceeding involving an Indian child who resides or is domiciled within the reservation of the tribe, except where the jurisdiction is otherwise vested in the state by existing federal law.
(b) Upon the petition of either parent, the Indian custodian or the Indian child’s tribe, the juvenile court, absent good cause to the contrary and absent objection by either parent, shall transfer a proceeding for the foster care placement of, or termination of parental rights to, an Indian child not domiciled or residing within the reservation of the Indian child’s tribe, to the jurisdiction of the tribe.
(c) The juvenile court shall give full faith and credit to the public acts, records and judicial proceedings of an Indian tribe applicable to an Indian child custody proceeding to the same extent that the juvenile court gives full faith and credit to the public acts, records and judicial proceedings of any other entity.


[1993 c.33 §53; 1993 c.546 §10; 1993 c.643 §5; 2005 c.843 §31; 2011 c.291 §5]

2005 Version

419B.100 Jurisdiction; bases; Indian children.

(1) Except as otherwise provided in subsection (6) of this section and ORS 107.726, the juvenile court has exclusive original jurisdiction in any case involving a person who is under 18 years of age and:
(a) Who is beyond the control of the person’s parents, guardian or other person having custody of the person;
(b) Whose behavior is such as to endanger the welfare of the person or of others;
(c) Whose condition or circumstances are such as to endanger the welfare of the person or of others;
(d) Who is dependent for care and support on a public or private child-caring agency that needs the services of the court in planning for the best interest of the person;
(e) Whose parents or any other person or persons having custody of the person have:
(A) Abandoned the person;
(B) Failed to provide the person with the care or education required by law;
(C) Subjected the person to cruelty, depravity or unexplained physical injury; or
(D) Failed to provide the person with the care, guidance and protection necessary for the physical, mental or emotional well-being of the person;
(f) Who has run away from the home of the person;
(g) Who has filed a petition for emancipation pursuant to ORS 419B.550 to 419B.558; or
(h) Who is subject to an order entered under ORS 419C.411 (7)(a).
(2) The court shall have jurisdiction under subsection (1) of this section even though the child is receiving adequate care from the person having physical custody of the child.
(3) The practice of a parent who chooses for the parent or the child of the parent treatment by prayer or spiritual means alone may not be construed as a failure to provide physical care within the meaning of this chapter, but does not prevent a court of competent jurisdiction from exercising that jurisdiction under subsection (1)(c) of this section.
(4) The provisions of subsection (1) of this section do not prevent a court of competent jurisdiction from entertaining a civil action or suit involving a child.
(5) The court does not have further jurisdiction as provided in subsection (1) of this section after a minor has been emancipated pursuant to ORS 419B.550 to 419B.558.
(6)
(a) An Indian tribe has exclusive jurisdiction over any child custody proceeding involving an Indian child who resides or is domiciled within the reservation of the tribe, except where the jurisdiction is otherwise vested in the state by existing federal law.
(b) Upon the petition of either parent, the Indian custodian or the Indian child’s tribe, the juvenile court, absent good cause to the contrary and absent objection by either parent, shall transfer a proceeding for the foster care placement of, or termination of parental rights to, an Indian child not domiciled or residing within the reservation of the Indian child’s tribe, to the jurisdiction of the tribe.
(c) The juvenile court shall give full faith and credit to the public acts, records and judicial proceedings of an Indian tribe applicable to an Indian child custody proceeding to the same extent that the juvenile court gives full faith and credit to the public acts, records and judicial proceedings of any other entity.


[1993 c.33 §53; 1993 c.546 §10; 1993 c.643 §5; 2005 c.843 §31]

Proposed Changes