Oregon Statutes 419C.058 – Transfer of jurisdiction to tribal court
(1) With the approval of the Chief Justice of the Supreme Court, the presiding judge of the twenty-second judicial district and, for cases arising in Wasco County or Hood River County, the presiding judge of the seventh judicial district may enter into a memorandum of understanding with the Confederated Tribes of Warm Springs regarding the adjudication and disposition of youths and adjudicated youths.
Terms Used In Oregon Statutes 419C.058
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(2) A memorandum of understanding entered into under subsection (1) of this section may allow the juvenile court of the judicial district:
(a) To waive its jurisdiction over a youth and transfer the case, notwithstanding ORS § 419C.005, to the jurisdiction of the tribal court of the Confederated Tribes of Warm Springs for adjudication; or
(b) After finding the youth to be within its jurisdiction under ORS § 419C.005, to transfer the case to the tribal court of the Confederated Tribes of Warm Springs for disposition.
(3) A memorandum of understanding entered into under subsection (1) of this section applies only to youths or adjudicated youths who are enrolled members of a federally recognized tribe and who reside on the Warm Springs Reservation.
(4) A memorandum of understanding entered into under subsection (1) of this section may contain, but is not limited to, provisions relating to:
(a) The duration of the memorandum of understanding;
(b) The cases that are subject to transfer;
(c) Who may request a transfer;
(d) The custody of a youth or adjudicated youth after transfer; and
(e) The sharing of information about a case after it has been transferred. [2003 c.415 § 2; 2015 c.175 § 1; 2021 c.489 § 61]