71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1509
 
                           A-Engrossed
 
                         House Bill 2391
                Ordered by the House February 13
          Including House Amendments dated February 13
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Joint Interim Judiciary
  Committee for Oregon Law Commission)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Requires court or local citizen review board at juvenile
dependency review hearings to ask for current contact information
for parent. Allows court, where appropriate, to keep contact
information confidential.   { - Requires State Office for
Services to Children and Families to provide parent with letter
setting forth expectations of parent to make return of child to
parent possible. - }  { +
  Requires parent who believes financial, health or other
problems may hinder parent's compliance with court order to
inform court and, if appropriate, seek relief from court's
order. + }
 
                        A BILL FOR AN ACT
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;
  (C) Identification and study of guardianship placement; and
  (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. + }
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