Justia Oregon Supreme Court Opinion Summaries

Two children, S and P, who are members of the Pit River Tribe, were the subject of juvenile dependency proceedings in Oregon. The Department of Human Services (DHS) initially pursued reunification with their mother as the permanency plan. However, after DHS determined that reunification was no longer safe or feasible, it petitioned to change the plan to tribal customary adoption (TCA), a process recognized under the Oregon Indian Child Welfare Act (ORICWA) that allows for adoption through tribal custom without terminating parental rights. The juvenile court held a contested permanency hearing, received evidence from DHS, the tribe, and a qualified tribal expert, and ultimately found by clear and convincing evidence that TCA was an appropriate permanent placement and in the children’s best interests. The court then requested the tribe to submit a formal order or judgment evidencing completion of the TCA.After the tribe submitted its TCA resolution, the juvenile court scheduled a hearing to consider whether to accept the tribe’s documentation. At this hearing, the mother objected, arguing that she was entitled to a contested evidentiary hearing to challenge the TCA and that the court was required to make an independent best-interests determination. The juvenile court accepted the tribe’s resolution, entered judgment for TCA, and terminated its jurisdiction over the children. The mother appealed, raising procedural and substantive challenges to the process.The Oregon Supreme Court reviewed whether the juvenile court was required to hold a contested evidentiary hearing before accepting the tribe’s TCA order or judgment. The court held that neither ORICWA nor the TCA statute requires a juvenile court to conduct a contested evidentiary hearing after a tribe submits its completed TCA documentation. The court found that the required determinations—including whether TCA is an appropriate permanent placement and is in the child’s best interests—are made at the permanency hearing, and the TCA hearing is not intended to relitigate those issues. The Supreme Court affirmed the decisions of the Court of Appeals and the circuit court. View "Dept. of Human Services v. M. G. J." on Justia Law