OAR 413-115-0135. Cultural Continuity Agreements

(1) Guardianships. Before the Department seeks finalization of a guardianship of an Indian child under ORS 419B.365 or ORS 419B.366. (a) The Department must notify the Indian child’s tribe of the tribe’s right to request a Cultural continuity agreement. The Department must provide the Indian child’s tribe with the opportunity to develop a cultural continuity agreement or offer to coordinate mediation between the Indian child’s tribe and the proposed guardian(s) to develop an agreement, and (b) If requested by the Indian child’s tribe, the Department must ensure that a Cultural continuity agreement is in place between the Indian child’s tribe and proposed guardian. The Department must provide a copy of the Cultural continuity agreement to the court so that the court can incorporate the agreement into the final guardianship order. (2) Termination of parental rights. Before the court may enter a judgment terminating parental rights. (a) The Department must notify the Indian child’s tribe of the tribe’s right to request a Cultural continuity agreement. The Department must provide the Indian child’s tribe with an opportunity to develop a Cultural continuity agreement or offer to coordinate mediation between the Indian child’s tribe and the proposed adoptive resource to develop an agreement, and (b) If requested by the Indian child’s tribe, the Department must ensure that a Cultural continuity agreement is in place between the Indian child’s tribe and the proposed adoptive resource before parental rights are terminated. (3) Adoption. Before the Department seeks finalization of an adoption of an Indian child. (a) The Department must notify the Indian child’s tribe of the tribe’s right to request a Cultural continuity agreement. The Department must provide the Indian child’s tribe with an opportunity to develop a Cultural continuity agreement or offer to coordinate mediation between the Indian child’s tribe and the proposed adoptive resource to develop an agreement; and (b) If requested by the Indian child’s tribe, the Department must ensure that a Cultural continuity agreement is in place between the Indian child’s tribe and the proposed adoptive resource. The Department must include the terms of the Cultural continuity agreement into the placement report so that the court can incorporate the agreement into the final judgment of adoption.