In a child custody proceeding involving an Indian child, when making a determination regarding the best interests of the child under ORS § 109.266 to 109.410 or 419B.600 to 419B.654, ORS Chapter 419B, the Indian Child Welfare Act (25 U.S.C. § 1901 et seq.) or any regulations or rules regarding ORS § 109.266 to 109.410 or 419B.600 to 419B.654, ORS Chapter 419B, or the Indian Child Welfare Act, the court shall, in consultation with the Indian child’s tribe, consider the following:

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(1) The protection of the safety, well-being, development and stability of the Indian child;

(2) The prevention of unnecessary out-of-home placement of the Indian child;

(3) The prioritization of placement of the Indian child in accordance with the placement preferences under ORS § 419B.654;

(4) The value to the Indian child of establishing, developing or maintaining a political, cultural, social and spiritual relationship with the Indian child’s tribe and tribal community; and

(5) The importance to the Indian child of the Indian tribe’s ability to maintain the tribe’s existence and integrity in promotion of the stability and security of Indian children and families. [2020 s.s.1 c.14 § 5; 2021 c.398 § 49]

See note under 419B.600.