Chapter 360 Oregon Laws 2001

AN ACT

HB 2391

Relating to juvenile dependency proceedings; creating new provisions; and amending ORS 419B.350.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 419B.350 is amended to read:

419B.350. (1) At any review conducted under ORS 419A.106 or a court hearing conducted in lieu of that review, if the case plan is to reunify the family, the court or local citizen review board shall evaluate the efforts and progress the parent has made in adjusting the parent’s circumstances, conduct or conditions to make it possible for the child to safely return home and the efforts of the State Office for Services to Children and Families in supporting the parent’s efforts.

(2)(a) If the court or the local citizen review board finds that the State Office for Services to Children and Families has made reasonable efforts or, if the Indian Child Welfare Act applies, active efforts to make it possible for the child to safely return home, the court or local citizen review board shall so state. If, in spite of the efforts of the State Office for Services to Children and Families, the court or the local citizen review board finds that the parent has not made sufficient progress to make it possible for the child to safely return home, the court or the local citizen review board may recommend that the State Office for Services to Children and Families pursue implementation of the alternate, permanent plan required under ORS 419B.343 (2). The implementation may include, but is not limited to:

(A) Preparation of a petition for termination of parental rights;

(B) Search for an adoptive home or permanent foster care placement;

(D) Mediation with the parent for the purpose of implementing the alternate, permanent plan for the child.

(b) If the court or the local citizen review board finds that the State Office for Services to Children and Families has not made reasonable efforts or, if the Indian Child Welfare Act applies, active efforts to make it possible for the child to safely return home, the court or local citizen review board shall so state and the period referred to in ORS 419B.343 (2) shall be extended by a period of time equal to that between the prior finding that the office had made reasonable efforts or, if the Indian Child Welfare Act applies, active efforts to make it possible for the child to safely return home, and the current finding that the office has not made reasonable or active efforts.

(3) In determining whether the State Office for Services to Children and Families has made reasonable efforts or, if the Indian Child Welfare Act applies, active efforts to make it possible for the child to safely return home, the court or local citizen review board shall consider the child’s health and safety the paramount concerns.

(4) At any review conducted under ORS 419A.106 or at a court hearing conducted in lieu of that review, the court or local citizen review board shall inquire of those present as to the parent’s current address and telephone numbers and, if the parent has a contact person, the name, current address and telephone number of the contact person. When appropriate, the court may enter a protective order limiting disclosure of information obtained under this subsection.

[(4)] (5) No later than 10 days after receiving the findings and recommendations of the local citizen review board, a party adversely affected by the findings and recommendations may request judicial review.

SECTION 2. Section 3 of this 2001 Act is added to and made a part of ORS chapter 419B.

SECTION 3. A parent who believes or claims that financial, health or other problems will prevent or delay the parent’s compliance with an order of the court must inform the court of the relevant circumstances as soon as reasonably possible and, if appropriate, seek relief from the order under ORS 419B.420.

Approved by the Governor June 12, 2001

Filed in the office of Secretary of State June 12, 2001

Effective date January 1, 2002

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