ORS § 419C.058

Current through 2024 Regular Session legislation
Section 419C.058 - Transfer of jurisdiction to tribal court
(1) With the approval of the Chief Justice of the Supreme Court, the presiding judge of the twenty-second judicial district and, for cases arising in Wasco County or Hood River County, the presiding judge of the seventh judicial district may enter into a memorandum of understanding with the Confederated Tribes of Warm Springs regarding the adjudication and disposition of youths and adjudicated youths.
(2) A memorandum of understanding entered into under subsection (1) of this section may allow the juvenile court of the judicial district:
(a) To waive its jurisdiction over a youth and transfer the case, notwithstanding ORS 419C. 005, to the jurisdiction of the tribal court of the Confederated Tribes of Warm Springs for adjudication; or
(b) After finding the youth to be within its jurisdiction under ORS 419C. 005, to transfer the case to the tribal court of the Confederated Tribes of Warm Springs for disposition.
(3) A memorandum of understanding entered into under subsection (1) of this section applies only to youths or adjudicated youths who are enrolled members of a federally recognized tribe and who reside on the Warm Springs Reservation.
(4) A memorandum of understanding entered into under subsection (1) of this section may contain, but is not limited to, provisions relating to:
(a) The duration of the memorandum of understanding;
(b) The cases that are subject to transfer;
(c) Who may request a transfer;
(d) The custody of a youth or adjudicated youth after transfer; and
(e) The sharing of information about a case after it has been transferred.

ORS 419C.058

Amended by 2021 Ch. 489, § 61, eff. 1/1/2022.
Amended by 2015 Ch. 175, § 1, eff. 1/1/2016.
2003 c. 415, § 2