(1) If any provision of ORS § 109.278, 109.302, 109.382, 109.383, 419B.600 to 419B.654 or 419B.656 or the amendments to statutes and session law by sections 1 to 5, 8 to 17, 20 to 30, 34 to 37, 40 to 64 and 65b to 77, chapter 398, Oregon Laws 2021, is found to provide a lower standard of protection to the rights of an Indian child or the Indian child’s parent, Indian custodian or tribe than the Indian Child Welfare Act:

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(a) The higher standard of protection in the Indian Child Welfare Act shall control; and

(b) It shall not serve to render inoperative any remaining provisions of ORS § 109.278, 109.302, 109.382, 109.383, 419B.600 to 419B.654 or 419B.656 or the amendments to statutes and session law by sections 1 to 5, 8 to 17, 20 to 30, 34 to 37, 40 to 64 and 65b to 77, chapter 398, Oregon Laws 2021, that may be held to provide a higher standard of protection than the Indian Child Welfare Act.

(2) As used in this section, ‘Indian Child Welfare Act’ means the federal Indian Child Welfare Act (25 U.S.C. § 1901 et seq.) and related regulations. [2020 s.s.1 c.14 § 64; 2021 c.398 § 78]

See note under 419B.600.