or 419B.529 may be filed in a state or local court of competent

109.350 or 419B.529 may be filed in a state or local court of competent jurisdiction by a parent who consented to the adoption.

����� (2) Upon the filing of a petition under this section, the court shall set a time for a hearing on the petition and provide notice of the petition and hearing to each party to the adoption proceeding and to the Indian child�s tribe.

����� (3) After a hearing on the petition, the court shall vacate the judgment of adoption if:

����� (a) The petition is filed no later than four years following the date of the judgment; and

����� (b) The court finds that the parent�s consent was obtained through fraud or duress.

����� (4) When the court vacates a judgment of adoption under this section, the court shall also order that the parental rights of the parent whose consent the court found was obtained through fraud or duress be restored. The order restoring parental rights under this section must include a transition plan for the physical custody of the child. [2021 c.398 �33]

����� Note: 109.382 and 109.383 were added to and made a part of 109.266 to 109.410 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

����� 109.383 Notice of vacated judgment of adoption of Indian child or termination of adoptive parent�s parental rights to Indian child; waiver of notice; motion to return custody and for restoration of parental rights. (1) As used in this section:

����� (a) �Former parent� means a person who was previously the legal parent of an Indian child subject to a judgment of adoption under ORS 109.350 or 419B.529 and whose parental rights have not been restored under ORS 109.382 to 419B.652.

����� (b) �Prior Indian custodian� means a person who was an Indian child�s Indian custodian before entry of a judgment of adoption of the child under ORS 109.350 or 419B.529.

����� (2) If a judgment of adoption of an Indian child under ORS 109.350 or 419B.529 is vacated, or the adoptive parent has voluntarily consented to the termination of parental rights, the court vacating the judgment or terminating the parental rights must notify, by registered or certified mail with return receipt requested, the Indian child�s former parents, prior Indian custodian, if any, and Indian tribe.

����� (3) The notice required under subsection (2) of this section must:

����� (a) Include the Indian child�s current name and any former names as reflected in the court record;

����� (b) Inform the recipient of the right to move the court for the return of custody of and restoration of parental rights to the Indian child under this section;

����� (c) Provide sufficient information to allow the recipient to participate in any scheduled hearings; and

����� (d) Be sent to the last known address in the court record.

����� (4)(a) An Indian child�s former parent or prior Indian custodian may waive notice under this section by executing waiver of notice in person before the court and filing the waiver with the court. The waiver must clearly set out the conditions to the waiver, if any.

����� (b) Prior to the execution of a waiver under this subsection, the court must explain to the former parent or prior Indian custodian, on the record in detail and in the language of the former parent or prior Indian custodian:

����� (A) The former parent�s right to legal counsel, if applicable;

����� (B) The terms and consequences of the waiver; and

����� (C) How the waiver may be revoked.

����� (c) After execution of the waiver, the court shall certify that it provided the explanation as required under paragraph (b) of this subsection and that the former parent or prior Indian custodian fully understood the explanation.

����� (5) At any time prior to the entry of a judgment of adoption or readoption of the Indian child, the former parent or prior Indian custodian may revoke a waiver executed by the former parent or prior Indian custodian by filing a written revocation with the court or by making a statement of revocation on the record in a proceeding for the adoption of the Indian child.

����� (6)(a) If a judgment of adoption or readoption of an Indian child under ORS 109.350 or