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