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Committee adopts amendment to let ODHS place Indian children in tribe-approved out-of-state care
Summary
The House Committee on Early Childhood and Human Services adopted the dash-6 amendment to HB 4058, allowing the Oregon Department of Human Services to place an Indian child in an out-of-state program or tribal facility that meets tribal placement preferences; the bill was amended, adopted in committee, and sent to the House Committee on Rules.
The House Committee on Early Childhood and Human Services on Feb. 12 adopted the dash-6 amendment to House Bill 4058, clearing language that lets the Oregon Department of Human Services place an Indian child in an out-of-state placement that complies with tribal placement preferences under the Oregon Indian Child Welfare Act. The amendment declares an emergency and the committee referred the bill to the House Committee on Rules with a "do pass" recommendation.
Channa Newell of the Oregon Judicial Department's government relations team told the committee the dash-6 narrows the bill to specify the kinds of out-of-state placements ODHS may use. "It is specific to a program that's suitable to meet the Indian child's needs and is approved by an Indian tribe or operated by an Indian organization," Newell said, adding that the language would not allow an unlicensed out-of-state foster home but would permit, for example, a tribal substance-use treatment center.
The amendment also establishes notice and tracking safeguards. Under the agreed language, courts receive notice of out-of-state placements within 10 days; in emergency cases involving immediate medical or mental-health needs or risk of losing a placement, ODHS may give notice "as soon as practicable but no more than 1 day after the child has left the state," Newell said. Newell noted that such placements are already tracked in the OR ICWA biannual report, a collaboration between OJD and ODHS, which will allow lawmakers to monitor use.
Taylor, the committee staff member who summarized the bill, said a minimal fiscal impact is posted on OLIS/OLISS and no revenue impact was identified. Committee members, including Vice Chair Walters who moved the amendment and the subsequent referral, emphasized the need to balance timeliness for children's care with tribal approval and court notice. The committee voted by roll call and the motion passed.
The committee referred HB 4058 as amended to the House Committee on Rules; no final floor action was taken in this session. The next procedural step is consideration by Rules, where members said they intend to continue conversations to refine implementation details.
