ORS § 419B.646

Current through 2024 Regular Session legislation effective April 17, 2024
Section 419B.646 - Right to appear; withdrawal by party
(1) Notwithstanding ORS 9.160 and 9.320, a tribe that is a party to a proceeding under ORS 419B.875(1)(a)(H) may be represented by any individual, regardless of whether the individual is licensed to practice law.
(2) An attorney who is not barred from practicing law in this state may appear in any proceeding involving an Indian child without associating with local counsel if the attorney establishes to the satisfaction of the Oregon State Bar that:
(a) The attorney will appear in a court in this state for the limited purpose of participating in a proceeding under ORS chapter 419B subject to the provisions of ORS 419B.600 to 419B.654;
(b) The attorney represents an Indian child's parent, Indian custodian or tribe; and
(c) The Indian child's tribe has affirmed the Indian child's membership or eligibility for membership under tribal law.
(3) Notwithstanding ORS 419B.875(1)(a)(H), an Indian custodian or tribe may notify the court, orally on the record or in writing, that the Indian custodian or tribe withdraws as a party to the proceeding.

ORS 419B.646

2020 s.s.1 c. 14, § 19

See note under 419B.600.