Incorrect - But this is a bit of a trick question; both (a) and (b) are correct.
Neither the Oregon statute nor the federal statute states with specificity when the initial determination must be made, but ORS 419B.878(2001) states: "When a court conducts a hearing, the court shall inquire whether a child is an Indian child subject to the Indian Child Welfare Act." Because the shelter care hearing is usually the first hearing, it is usually the court's first opportunity to inquire whether the child is an Indian child.
However, because the Burns Paiute and the Warm Springs tribes have exclusive jurisdiction over child custody matters for those children located on tribal land, a determination of whether the child is located on one of these reservations must be made even before emergency protective custody.
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