71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to A-Eng. HB 2427 (A to RC)
 
LC 1323/HB 2427-A8
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2427
           (INCLUDING AMENDMENTS TO RESOLVE CONFLICTS)
 
                    By COMMITTEE ON JUDICIARY
 
                             July 3
 
  On page 1 of the printed A-engrossed bill, line 3, after '
109.123' insert 'and sections 101, 101a and 102, chapter ___,
Oregon Laws 2001 (Enrolled Senate Bill 145), and sections 1 and
2, chapter ___, Oregon Laws 2001 (Enrolled Senate Bill 167)'.
  Delete lines 5 through 26 and delete pages 2 and 3 and insert:
  '  { +  SECTION 1. + } ORS 109.119 is amended to read:
  ' 109.119. (1) Any person, including but not limited to a
related or nonrelated foster parent, stepparent { + ,
grandparent + } or relative by blood or marriage { + , + } who
has established emotional ties creating a child-parent
relationship or an ongoing personal relationship with a child
 { - , or any legal grandparent - }  may petition or file a
motion for intervention with the court having jurisdiction over
the custody, placement, guardianship or wardship of that child,
or if no such proceedings are pending, may petition the court for
the county in which the   { - minor - }  child resides { + , + }
for an order providing for relief under subsection (3) of this
section.
  ' (2) { + (a) + } In any proceeding under this section,
 { - the court may cause an investigation to be made under ORS
107.425. - }  { +  there is a presumption that the legal parent
acts in the best interest of the child.
  ' (b) In an order granting relief under this section, the court
shall include findings of fact supporting the rebuttal of the
presumption described in paragraph (a) of this subsection.
  ' (c) The presumption described in paragraph (a) of this
subsection does not apply in a proceeding to modify an order
granting relief under this section. + }
  ' (3)(a) If the court determines that a child-parent
relationship exists and if the court determines  { + that the
presumption described in subsection (2)(a) of this section has
been rebutted + } by a preponderance of the evidence   { - that
custody, guardianship, right of visitation, or other generally
recognized right of a parent or person in loco parentis, is
appropriate in the case - } , the court shall grant
 { - such - }  custody, guardianship, right of visitation or
other right to the person { +  having the child-parent
relationship + }, if to do so is in the best interest of the
child. The court may determine temporary custody of the child or
temporary visitation rights under this paragraph pending a final
order.
  ' (b) If the court determines that an ongoing personal
relationship exists and if the court determines  { + that the
presumption described in subsection (2)(a) of this section has
been rebutted + } by clear and convincing evidence   { - that
visitation or contact rights are appropriate in the case - } ,
the court shall grant visitation or contact rights to the person
having the ongoing personal relationship { + , + } if to do so is
in the best interest of the child. The court may order temporary
visitation  { + or contact + } rights under this paragraph
pending a final order.
   { +  ' (4)(a) In deciding whether the presumption described in
subsection (2)(a) of this section has been rebutted and whether
to award visitation or contact rights over the objection of the
legal parent, the court may consider factors including, but not
limited to, the following, which may be shown by the evidence:
  ' (A) The petitioner or intervenor is or recently has been the
child's primary caretaker;
  ' (B) Circumstances detrimental to the child exist if relief is
denied;
  ' (C) The legal parent has fostered, encouraged or consented to
the relationship between the child and the petitioner or
intervenor;
  ' (D) Granting relief would not substantially interfere with
the custodial relationship; or
  ' (E) The legal parent has unreasonably denied or limited
contact between the child and the petitioner or intervenor.
  ' (b) In deciding whether the presumption described in
subsection (2)(a) of this section has been rebutted and whether
to award custody, guardianship or other rights over the objection
of the legal parent, the court may consider factors including,
but not limited to, the following, which may be shown by the
evidence:
  ' (A) The legal parent is unwilling or unable to care
adequately for the child;
  ' (B) The petitioner or intervenor is or recently has been the
child's primary caretaker;
  ' (C) Circumstances detrimental to the child exist if relief is
denied;
  ' (D) The legal parent has fostered, encouraged or consented to
the relationship between the child and the petitioner or
intervenor; or
  ' (E) The legal parent has unreasonably denied or limited
contact between the child and the petitioner or intervenor. + }
  '  { - (4) - }   { + (5) + } In addition to the  { + other + }
rights granted under
  { - subsection (1) or (3) of - }  this section, a stepparent
with a child-parent relationship who is a party in a dissolution
proceeding may petition the court having jurisdiction for custody
or visitation  { + under this section + } or may petition the
court for the county in which the   { - minor - }  child resides
for adoption of the child. The stepparent may also file for post
decree modification of a decree relating to child custody.
  '  { - (5)(a) - }   { + (6)(a) A motion for intervention filed
under this section shall comply with ORCP 33 and state the
grounds for relief under this section.
  ' (b)(A)  + }A motion for intervention filed  { + under ORS
419B.115 + } by a person other than a   { - legal - }
grandparent may be denied or a petition may be dismissed on the
motion of any party or on the court's own motion if the petition
does not state a prima facie case of emotional ties creating a
child-parent relationship or ongoing personal relationship or
does not allege facts that the intervention is in the best
 { - interests - }   { + interest + } of the child.
  '  { - (b) - }   { + (B) + } A motion for intervention filed
 { + under ORS 419B.115 + } by a   { - legal - }  grandparent may
be granted upon a finding by clear and convincing evidence that
the intervention is in the best interests of the child.
  '  { +  (c) Costs for the representation of an intervenor under
this section or ORS 419B.115 may not be charged against funds
appropriated for indigent defense services.
  ' (7) In a proceeding under this section, the court may:
  ' (a) Cause an investigation to be made under ORS 107.425.
  ' (b) Assess against a party reasonable attorney fees and costs
for the benefit of another party. + }
  '  { - (6) - }   { + (8) + } As used in this section:
  ' (a) 'Child-parent relationship' means a relationship that
exists or did exist, in whole or in part, within the six months
preceding the filing of an action under this section, and in
which relationship a person having physical custody of a child or
residing in the same household as the child supplied, or
otherwise made available to the child, food, clothing, shelter
and incidental necessaries and provided the child with necessary
care, education and discipline, and which relationship continued
on a day-to-day basis, through interaction, companionship,
interplay and mutuality, that fulfilled the child's psychological
needs for a parent as well as the child's physical needs.
However, a relationship between a child and a person who is the
nonrelated foster parent of the child is not a child-parent
relationship under this section unless the relationship continued
over a period exceeding   { - 18 - }   { + 12 + } months.
  '  { +  (b) 'Circumstances detrimental to the child' includes
but is not limited to circumstances that may cause psychological,
emotional or physical harm to a child. + }
  '  { - (b) - }   { + (c) + } '  { - Legal - }  Grandparent'
means the legal parent of the child's legal parent.
  '  { - (c) - }   { + (d) + } 'Legal parent' means a parent as
defined in ORS 419A.004 whose rights have not been terminated
under ORS 419B.500 to 419B.524.
  '  { - (d) - }   { + (e) + } 'Ongoing personal relationship'
means a relationship with substantial continuity for at least one
year, through interaction, companionship, interplay and
mutuality.
  '  { - (7) In no event shall costs for the representation of an
intervenor under this section be charged against funds
appropriated for indigent defense services. - }
  '  { - (8) In a proceeding under this section, the court may
assess against any party a reasonable attorney fee and costs for
the benefit of any other party. - }
  '  { +  SECTION 1a. + }  { + If Senate Bill 167 becomes law,
section 2, chapter ___, Oregon Laws 2001 (Enrolled Senate Bill
167) (amending ORS 109.119), is repealed and ORS 109.119, as
amended by section 1 of this 2001 Act, is amended to read: + }
  ' 109.119. (1) Any person, including but not limited to a
related or nonrelated foster parent, stepparent, grandparent or
relative by blood or marriage, who has established emotional ties
creating a child-parent relationship or an ongoing personal
relationship with a child may petition or file a motion for
intervention with the court having jurisdiction over the custody,
placement, guardianship or wardship of that child, or if no such
proceedings are pending, may petition the court for the county in
which the child resides, for an order providing for relief under
subsection (3) of this section.
  ' (2)(a) In any proceeding under this section, there is a
presumption that the legal parent acts in the best interest of
the child.
  ' (b) In an order granting relief under this section, the court
shall include findings of fact supporting the rebuttal of the
presumption described in paragraph (a) of this subsection.
  ' (c) The presumption described in paragraph (a) of this
subsection does not apply in a proceeding to modify an order
granting relief under this section.
  ' (3)(a) If the court determines that a child-parent
relationship exists and if the court determines that the
presumption described in subsection (2)(a) of this section has
been rebutted by a preponderance of the evidence, the court shall
grant custody, guardianship, right of visitation or other right
to the person having the child-parent relationship, if to do so
is in the best interest of the child. The court may determine
temporary custody of the child or temporary visitation rights
under this paragraph pending a final order.
  ' (b) If the court determines that an ongoing personal
relationship exists and if the court determines that the
presumption described in subsection (2)(a) of this section has
been rebutted by clear and convincing evidence, the court shall
grant visitation or contact rights to the person having the
ongoing personal relationship, if to do so is in the best
interest of the child. The court may order temporary visitation
or contact rights under this paragraph pending a final order.
  ' (4)(a) In deciding whether the presumption described in
subsection (2)(a) of this section has been rebutted and whether
to award visitation or contact rights over the objection of the
legal parent, the court may consider factors including, but not
limited to, the following, which may be shown by the evidence:
  ' (A) The petitioner or intervenor is or recently has been the
child's primary caretaker;
  ' (B) Circumstances detrimental to the child exist if relief is
denied;
  ' (C) The legal parent has fostered, encouraged or consented to
the relationship between the child and the petitioner or
intervenor;
  ' (D) Granting relief would not substantially interfere with
the custodial relationship; or
  ' (E) The legal parent has unreasonably denied or limited
contact between the child and the petitioner or intervenor.
  ' (b) In deciding whether the presumption described in
subsection (2)(a) of this section has been rebutted and whether
to award custody, guardianship or other rights over the objection
of the legal parent, the court may consider factors including,
but not limited to, the following, which may be shown by the
evidence:
  ' (A) The legal parent is unwilling or unable to care
adequately for the child;
  ' (B) The petitioner or intervenor is or recently has been the
child's primary caretaker;
  ' (C) Circumstances detrimental to the child exist if relief is
denied;
  ' (D) The legal parent has fostered, encouraged or consented to
the relationship between the child and the petitioner or
intervenor; or
  ' (E) The legal parent has unreasonably denied or limited
contact between the child and the petitioner or intervenor.
  ' (5) In addition to the other rights granted under this
section, a stepparent with a child-parent relationship who is a
party in a dissolution proceeding may petition the court having
jurisdiction for custody or visitation under this section or may
petition the court for the county in which the child resides for
adoption of the child. The stepparent may also file for post
decree modification of a decree relating to child custody.
  ' (6)(a) A motion for intervention filed under this section
shall comply with ORCP 33 and state the grounds for relief under
this section.
  ' (b)(A) A motion for intervention filed under ORS 419B.115 by
a person other than a grandparent may be denied or a petition may
be dismissed on the motion of any party or on the court's own
motion if the petition does not state a prima facie case of
emotional ties creating a child-parent relationship or ongoing
personal relationship or does not allege facts that the
intervention is in the best interest of the child.
  ' (B) A motion for intervention filed under ORS 419B.115 by a
grandparent may be granted upon a finding by clear and convincing
evidence that the intervention is in the best interests of the
child.
  ' (c) Costs for the representation of an intervenor under this
section or ORS 419B.115 may not be charged against funds
appropriated for indigent defense services.
  ' (7) In a proceeding under this section, the court may:
  ' (a) Cause an investigation { + , examination or
evaluation + } to be made under ORS 107.425  { + or may appoint
an individual or a panel or may designate a program to assist the
court in creating parenting plans or resolving disputes regarding
parenting time and to assist the parties in creating and
implementing parenting plans under ORS 107.425 (3) + }.
  ' (b) Assess against a party reasonable attorney fees and costs
for the benefit of another party.
  ' (8) As used in this section:
  ' (a) 'Child-parent relationship' means a relationship that
exists or did exist, in whole or in part, within the six months
preceding the filing of an action under this section, and in
which relationship a person having physical custody of a child or
residing in the same household as the child supplied, or
otherwise made available to the child, food, clothing, shelter
and incidental necessaries and provided the child with necessary
care, education and discipline, and which relationship continued
on a day-to-day basis, through interaction, companionship,
interplay and mutuality, that fulfilled the child's psychological
needs for a parent as well as the child's physical needs.
However, a relationship between a child and a person who is the
nonrelated foster parent of the child is not a child-parent
relationship under this section unless the relationship continued
over a period exceeding 12 months.
  ' (b) 'Circumstances detrimental to the child' includes but is
not limited to circumstances that may cause psychological,
emotional or physical harm to a child.
  ' (c) 'Grandparent' means the legal parent of the child's legal
parent.
  ' (d) 'Legal parent' means a parent as defined in ORS 419A.004
whose rights have not been terminated under ORS 419B.500 to
419B.524.
  ' (e) 'Ongoing personal relationship' means a relationship with
substantial continuity for at least one year, through
interaction, companionship, interplay and mutuality.
  '  { +  SECTION 1b. + }  { + The amendments to ORS 109.119 by
section 1a of this 2001 Act become operative on January 1,
2002. + }
  '  { +  SECTION 1c. + }  { + If Senate Bill 145 becomes law and
Senate Bill 167 does not become law, section 102, chapter ___,
Oregon Laws 2001 (Enrolled Senate Bill 145) (amending ORS
109.119), is repealed and ORS 109.119, as amended by section 1 of
this 2001 Act, is amended to read: + }
  ' 109.119. (1) Any person, including but not limited to a
related or nonrelated foster parent, stepparent, grandparent or
relative by blood or marriage, who has established emotional ties
creating a child-parent relationship or an ongoing personal
relationship with a child may petition or file a motion for
intervention with the court having jurisdiction over the custody,
placement, guardianship or wardship of that child, or if no such
proceedings are pending, may petition the court for the county in
which the child resides, for an order providing for relief under
subsection (3) of this section.
  ' (2)(a) In any proceeding under this section, there is a
presumption that the legal parent acts in the best interest of
the child.
  ' (b) In an order granting relief under this section, the court
shall include findings of fact supporting the rebuttal of the
presumption described in paragraph (a) of this subsection.
  ' (c) The presumption described in paragraph (a) of this
subsection does not apply in a proceeding to modify an order
granting relief under this section.
  ' (3)(a) If the court determines that a child-parent
relationship exists and if the court determines that the
presumption described in subsection (2)(a) of this section has
been rebutted by a preponderance of the evidence, the court shall
grant custody, guardianship, right of visitation or other right
to the person having the child-parent relationship, if to do so
is in the best interest of the child. The court may determine
temporary custody of the child or temporary visitation rights
under this paragraph pending a final order.
  ' (b) If the court determines that an ongoing personal
relationship exists and if the court determines that the
presumption described in subsection (2)(a) of this section has
been rebutted by clear and convincing evidence, the court shall
grant visitation or contact rights to the person having the
ongoing personal relationship, if to do so is in the best
interest of the child. The court may order temporary visitation
or contact rights under this paragraph pending a final order.
  ' (4)(a) In deciding whether the presumption described in
subsection (2)(a) of this section has been rebutted and whether
to award visitation or contact rights over the objection of the
legal parent, the court may consider factors including, but not
limited to, the following, which may be shown by the evidence:
  ' (A) The petitioner or intervenor is or recently has been the
child's primary caretaker;
  ' (B) Circumstances detrimental to the child exist if relief is
denied;
  ' (C) The legal parent has fostered, encouraged or consented to
the relationship between the child and the petitioner or
intervenor;
  ' (D) Granting relief would not substantially interfere with
the custodial relationship; or
  ' (E) The legal parent has unreasonably denied or limited
contact between the child and the petitioner or intervenor.
  ' (b) In deciding whether the presumption described in
subsection (2)(a) of this section has been rebutted and whether
to award custody, guardianship or other rights over the objection
of the legal parent, the court may consider factors including,
but not limited to, the following, which may be shown by the
evidence:
  ' (A) The legal parent is unwilling or unable to care
adequately for the child;
  ' (B) The petitioner or intervenor is or recently has been the
child's primary caretaker;
  ' (C) Circumstances detrimental to the child exist if relief is
denied;
  ' (D) The legal parent has fostered, encouraged or consented to
the relationship between the child and the petitioner or
intervenor; or
  ' (E) The legal parent has unreasonably denied or limited
contact between the child and the petitioner or intervenor.
  ' (5) In addition to the other rights granted under this
section, a stepparent with a child-parent relationship who is a
party in a dissolution proceeding may petition the court having
jurisdiction for custody or visitation under this section or may
petition the court for the county in which the child resides for
adoption of the child. The stepparent may also file for post
decree modification of a decree relating to child custody.
  ' (6)(a) A motion for intervention filed under this section
shall comply with ORCP 33 and state the grounds for relief under
this section.
  ' (b)(A) A motion for intervention filed under ORS 419B.115 by
a person other than a grandparent may be denied or a petition may
be dismissed on the motion of any party or on the court's own
motion if the petition does not state a prima facie case of
emotional ties creating a child-parent relationship or ongoing
personal relationship or does not allege facts that the
intervention is in the best interest of the child.
  ' (B) A motion for intervention filed under ORS 419B.115 by a
grandparent may be granted upon a finding by clear and convincing
 
evidence that the intervention is in the best interests of the
child.
  ' (c) Costs for the representation of an intervenor under this
section or ORS 419B.115 may not be charged against funds
appropriated for   { - indigent - }   { + public + } defense
services.
  ' (7) In a proceeding under this section, the court may:
  ' (a) Cause an investigation to be made under ORS 107.425.
  ' (b) Assess against a party reasonable attorney fees and costs
for the benefit of another party.
  ' (8) As used in this section:
  ' (a) 'Child-parent relationship' means a relationship that
exists or did exist, in whole or in part, within the six months
preceding the filing of an action under this section, and in
which relationship a person having physical custody of a child or
residing in the same household as the child supplied, or
otherwise made available to the child, food, clothing, shelter
and incidental necessaries and provided the child with necessary
care, education and discipline, and which relationship continued
on a day-to-day basis, through interaction, companionship,
interplay and mutuality, that fulfilled the child's psychological
needs for a parent as well as the child's physical needs.
However, a relationship between a child and a person who is the
nonrelated foster parent of the child is not a child-parent
relationship under this section unless the relationship continued
over a period exceeding 12 months.
  ' (b) 'Circumstances detrimental to the child' includes but is
not limited to circumstances that may cause psychological,
emotional or physical harm to a child.
  ' (c) 'Grandparent' means the legal parent of the child's legal
parent.
  ' (d) 'Legal parent' means a parent as defined in ORS 419A.004
whose rights have not been terminated under ORS 419B.500 to
419B.524.
  ' (e) 'Ongoing personal relationship' means a relationship with
substantial continuity for at least one year, through
interaction, companionship, interplay and mutuality.
  '  { +  SECTION 1d. + }  { + The amendments to ORS 109.119 by
section 1c of this 2001 Act become operative on October 1,
2003. + }
  '  { +  SECTION 1e. + }  { + If both Senate Bill 145 and Senate
Bill 167 become law, section 102, chapter ___, Oregon Laws 2001
(Enrolled Senate Bill 145) (amending ORS 109.119), is repealed
and ORS 109.119, as amended by sections 1 and 1a of this 2001
Act, is amended to read: + }
  ' 109.119. (1) Any person, including but not limited to a
related or nonrelated foster parent, stepparent, grandparent or
relative by blood or marriage, who has established emotional ties
creating a child-parent relationship or an ongoing personal
relationship with a child may petition or file a motion for
intervention with the court having jurisdiction over the custody,
placement, guardianship or wardship of that child, or if no such
proceedings are pending, may petition the court for the county in
which the child resides, for an order providing for relief under
subsection (3) of this section.
  ' (2)(a) In any proceeding under this section, there is a
presumption that the legal parent acts in the best interest of
the child.
  ' (b) In an order granting relief under this section, the court
shall include findings of fact supporting the rebuttal of the
presumption described in paragraph (a) of this subsection.
  ' (c) The presumption described in paragraph (a) of this
subsection does not apply in a proceeding to modify an order
granting relief under this section.
  ' (3)(a) If the court determines that a child-parent
relationship exists and if the court determines that the
presumption described in subsection (2)(a) of this section has
been rebutted by a preponderance of the evidence, the court shall
grant custody, guardianship, right of visitation or other right
to the person having the child-parent relationship, if to do so
is in the best interest of the child. The court may determine
temporary custody of the child or temporary visitation rights
under this paragraph pending a final order.
  ' (b) If the court determines that an ongoing personal
relationship exists and if the court determines that the
presumption described in subsection (2)(a) of this section has
been rebutted by clear and convincing evidence, the court shall
grant visitation or contact rights to the person having the
ongoing personal relationship, if to do so is in the best
interest of the child. The court may order temporary visitation
or contact rights under this paragraph pending a final order.
  ' (4)(a) In deciding whether the presumption described in
subsection (2)(a) of this section has been rebutted and whether
to award visitation or contact rights over the objection of the
legal parent, the court may consider factors including, but not
limited to, the following, which may be shown by the evidence:
  ' (A) The petitioner or intervenor is or recently has been the
child's primary caretaker;
  ' (B) Circumstances detrimental to the child exist if relief is
denied;
  ' (C) The legal parent has fostered, encouraged or consented to
the relationship between the child and the petitioner or
intervenor;
  ' (D) Granting relief would not substantially interfere with
the custodial relationship; or
  ' (E) The legal parent has unreasonably denied or limited
contact between the child and the petitioner or intervenor.
  ' (b) In deciding whether the presumption described in
subsection (2)(a) of this section has been rebutted and whether
to award custody, guardianship or other rights over the objection
of the legal parent, the court may consider factors including,
but not limited to, the following, which may be shown by the
evidence:
  ' (A) The legal parent is unwilling or unable to care
adequately for the child;
  ' (B) The petitioner or intervenor is or recently has been the
child's primary caretaker;
  ' (C) Circumstances detrimental to the child exist if relief is
denied;
  ' (D) The legal parent has fostered, encouraged or consented to
the relationship between the child and the petitioner or
intervenor; or
  ' (E) The legal parent has unreasonably denied or limited
contact between the child and the petitioner or intervenor.
  ' (5) In addition to the other rights granted under this
section, a stepparent with a child-parent relationship who is a
party in a dissolution proceeding may petition the court having
jurisdiction for custody or visitation under this section or may
petition the court for the county in which the child resides for
adoption of the child. The stepparent may also file for post
decree modification of a decree relating to child custody.
  ' (6)(a) A motion for intervention filed under this section
shall comply with ORCP 33 and state the grounds for relief under
this section.
  ' (b)(A) A motion for intervention filed under ORS 419B.115 by
a person other than a grandparent may be denied or a petition may
be dismissed on the motion of any party or on the court's own
motion if the petition does not state a prima facie case of
emotional ties creating a child-parent relationship or ongoing
personal relationship or does not allege facts that the
intervention is in the best interest of the child.
 
  ' (B) A motion for intervention filed under ORS 419B.115 by a
grandparent may be granted upon a finding by clear and convincing
evidence that the intervention is in the best interests of the
child.
  ' (c) Costs for the representation of an intervenor under this
section or ORS 419B.115 may not be charged against funds
appropriated for   { - indigent - }   { + public + } defense
services.
  ' (7) In a proceeding under this section, the court may:
  ' (a) Cause an investigation, examination or evaluation to be
made under ORS 107.425 or may appoint an individual or a panel or
may designate a program to assist the court in creating parenting
plans or resolving disputes regarding parenting time and to
assist the parties in creating and implementing parenting plans
under ORS 107.425 (3).
  ' (b) Assess against a party reasonable attorney fees and costs
for the benefit of another party.
  ' (8) As used in this section:
  ' (a) 'Child-parent relationship' means a relationship that
exists or did exist, in whole or in part, within the six months
preceding the filing of an action under this section, and in
which relationship a person having physical custody of a child or
residing in the same household as the child supplied, or
otherwise made available to the child, food, clothing, shelter
and incidental necessaries and provided the child with necessary
care, education and discipline, and which relationship continued
on a day-to-day basis, through interaction, companionship,
interplay and mutuality, that fulfilled the child's psychological
needs for a parent as well as the child's physical needs.
However, a relationship between a child and a person who is the
nonrelated foster parent of the child is not a child-parent
relationship under this section unless the relationship continued
over a period exceeding 12 months.
  ' (b) 'Circumstances detrimental to the child' includes but is
not limited to circumstances that may cause psychological,
emotional or physical harm to a child.
  ' (c) 'Grandparent' means the legal parent of the child's legal
parent.
  ' (d) 'Legal parent' means a parent as defined in ORS 419A.004
whose rights have not been terminated under ORS 419B.500 to
419B.524.
  ' (e) 'Ongoing personal relationship' means a relationship with
substantial continuity for at least one year, through
interaction, companionship, interplay and mutuality.
  '  { +  SECTION 1f. + }  { + The amendments to ORS 109.119 by
section 1e of this 2001 Act become operative on October 1,
2003. + } ' .
  On page 4, delete lines 1 through 23.
  On page 9, after line 13, insert:
  '  { +  SECTION 6a. + }  { + If Senate Bill 167 becomes law,
section 1, chapter ___, Oregon Laws 2001 (Enrolled Senate Bill
167) (amending ORS 107.425), is repealed and ORS 107.425, as
amended by section 6 of this 2001 Act, is amended to read: + }
  ' 107.425. (1) In suits or proceedings described in subsection
 { - (2) - }   { + (4) + } of this section in which there are
minor children involved, the court may cause an investigation to
be made as to the character, family relations, past conduct,
earning ability and financial worth of the parties for the
purpose of protecting the children's future interest. The court
may defer the entry of a final judgment until the court is
satisfied that its judgment in such suit or proceeding will
properly protect the welfare of such children. The investigative
findings shall be offered as and subject to all rules of
evidence. Costs of the investigation may be charged against one
or more of the parties or as a cost in the proceedings but shall
 
not be charged against funds appropriated for indigent defense
services.
  '  { - (2) The provisions of subsection (1) of this section
apply when: - }
  '  { - (a) A person files a domestic relations suit, as defined
in ORS 107.510; - }
  '  { - (b) A motion to modify an existing decree in a domestic
relations suit is before the court; - }
  '  { - (c) A parent of a child born out of wedlock initiates a
civil proceeding to determine custody or support under ORS
109.103; - }
  '  { - (d) A person petitions or files a motion for
intervention under ORS 109.119; - }
  '  { - (e) A person or state agency files a petition under ORS
109.125 to establish paternity and paternity is established;
or - }
  '  { - (f) A habeas corpus proceeding is before the court. - }
  '  { - (3) - }   { + (2) + } The court, on its own motion or on
the motion of a party, may order an independent physical,
psychological, psychiatric or mental health examination of a
party or the children and may require any party and the children
 { - to appear and to testify as witnesses during this
investigation and - }  to be interviewed, evaluated and tested by
an expert { +  or panel of experts + }. The court may also
authorize the expert  { + or panel of experts + } to interview
other persons and to request other persons to make available to
the expert  { + or panel of experts + } records deemed by the
court or the expert  { + or panel of experts + } to be relevant
to the evaluation. The court may order the parties to authorize
the disclosure of such records. In the event the parties are
unable to stipulate to the selection of   { - the psychologist,
psychiatrist or registered clinical social worker to conduct the
investigation, the court shall choose such expert from a list of
three submitted to the court by each party with a statement of
the experts' qualifications and fees for the investigation. The
court shall direct one or - }   { + an expert or panel of experts
to conduct the examination or evaluation, the court shall appoint
a qualified expert or panel of experts. The court shall direct
one or + } more of the parties to pay for the
 { - investigation - }   { + examination or evaluation + } in the
absence of an agreement between the parties as to the
responsibility for payment but shall not direct that the expenses
be charged against funds appropriated for indigent defense
services. If more than one party is directed to pay, the court
may determine the amount that each party will pay based on
financial ability.
  '  { +  (3)(a) In addition to an investigation, examination or
evaluation under subsections (1) and (2) of this section, the
court may appoint an individual or a panel or may designate a
program to assist the court in creating parenting plans or
resolving disputes regarding parenting time and to assist parents
in creating and implementing parenting plans. The services
provided to the court and to parents under this section may
include:
  ' (A) Gathering information;
  ' (B) Monitoring compliance with court orders;
  ' (C) Providing the parents, their attorneys, if any, and the
court with recommendations for new or modified parenting time
provisions; and
  ' (D) Providing parents with problem solving, conflict
management and parenting time coordination services or other
services approved by the court.
  ' (b) Services provided under this section may require the
provider to possess and utilize mediation skills, but the
services are not comprised exclusively of mediation services
 
under ORS 107.755 to 107.785. If only mediation services are
provided, the provisions of ORS 107.755 to 107.785 apply.
  ' (c) The court may order one or more of the parties to pay for
services provided under this subsection, if the parties are
unable to agree on their respective responsibilities for payment.
The court may not order that expenses be charged against funds
appropriated for indigent defense services.
  ' (d) The presiding judge of each judicial district shall
establish qualifications for the appointment and training of
individuals and panels and the designation of programs under this
section. In establishing qualifications, a presiding judge shall
take into consideration any guidelines recommended by the
statewide family law advisory committee.
  ' (4) The provisions of this section apply when:
  ' (a) A person files a domestic relations suit, as defined in
ORS 107.510;
  ' (b) A motion to modify an existing decree in a domestic
relations suit is before the court;
  ' (c) A parent of a child born out of wedlock initiates a civil
proceeding to determine custody or support under ORS 109.103;
  ' (d) A person petitions or files a motion for intervention
under ORS 109.119;
  ' (e) A person or state agency files a petition under ORS
109.125 to establish paternity and paternity is established; or
  ' (f) A habeas corpus proceeding is before the court.
  ' (5) Application of the provisions of subsection (1), (2) or
(3) of this section to the proceedings under subsection (4) of
this section does not prevent initiation, entry or enforcement of
an order of support. + }
  '  { - (4) - }   { + (6) + } The court, on its own motion or
 { + on + } the motion of a party, may appoint counsel for the
children. However, if requested to do so by one or more of the
children, the court shall appoint counsel for the child or
children. A reasonable fee for an attorney so appointed may be
charged against one or more of the parties or as a cost in the
proceedings but shall not be charged against funds appropriated
for indigent defense services.
  '  { - (5) - }   { + (7) + } Prior to the entry of an order,
the court on its own motion or   { - upon - }   { + on + } the
motion of a party may take testimony from or confer with the
child or children of the marriage and may exclude from the
conference the parents and other persons if the court finds that
such action would be likely to be in the best interests of the
child or children. However, the court shall permit an attorney
for each party to attend the conference and question the child,
and the conference shall be reported.
  '  { +  SECTION 6b. + }  { + The amendments to ORS 107.425 by
section 6a of this 2001 Act become operative on January 1,
2002. + }
  '  { +  SECTION 6c. + }  { + If both Senate Bill 167 and Senate
Bill 145 become law, sections 101 and 101a, chapter ___, Oregon
Laws 2001 (Enrolled Senate Bill 145) (both amending ORS 107.425),
are repealed and ORS 107.425, as amended by sections 6 and 6a of
this 2001 Act, is amended to read: + }
  ' 107.425. (1) In suits or proceedings described in subsection
(4) of this section in which there are minor children involved,
the court may cause an investigation to be made as to the
character, family relations, past conduct, earning ability and
financial worth of the parties for the purpose of protecting the
children's future interest. The court may defer the entry of a
final judgment until the court is satisfied that its judgment in
such suit or proceeding will properly protect the welfare of such
children. The investigative findings shall be offered as and
subject to all rules of evidence. Costs of the investigation may
be charged against one or more of the parties or as a cost in the
 
proceedings but shall not be charged against funds appropriated
for   { - indigent - }   { + public + } defense services.
  ' (2) The court, on its own motion or on the motion of a party,
may order an independent physical, psychological, psychiatric or
mental health examination of a party or the children and may
require any party and the children to be interviewed, evaluated
and tested by an expert or panel of experts. The court may also
authorize the expert or panel of experts to interview other
persons and to request other persons to make available to the
expert or panel of experts records deemed by the court or the
expert or panel of experts to be relevant to the evaluation. The
court may order the parties to authorize the disclosure of such
records. In the event the parties are unable to stipulate to the
selection of an expert or panel of experts to conduct the
examination or evaluation, the court shall appoint a qualified
expert or panel of experts. The court shall direct one or more of
the parties to pay for the examination or evaluation in the
absence of an agreement between the parties as to the
responsibility for payment but shall not direct that the expenses
be charged against funds appropriated for   { - indigent - }
 { + public + } defense services. If more than one party is
directed to pay, the court may determine the amount that each
party will pay based on financial ability.
  ' (3)(a) In addition to an investigation, examination or
evaluation under subsections (1) and (2) of this section, the
court may appoint an individual or a panel or may designate a
program to assist the court in creating parenting plans or
resolving disputes regarding parenting time and to assist parents
in creating and implementing parenting plans. The services
provided to the court and to parents under this section may
include:
  ' (A) Gathering information;
  ' (B) Monitoring compliance with court orders;
  ' (C) Providing the parents, their attorneys, if any, and the
court with recommendations for new or modified parenting time
provisions; and
  ' (D) Providing parents with problem solving, conflict
management and parenting time coordination services or other
services approved by the court.
  ' (b) Services provided under this section may require the
provider to possess and utilize mediation skills, but the
services are not comprised exclusively of mediation services
under ORS 107.755 to 107.785. If only mediation services are
provided, the provisions of ORS 107.755 to 107.785 apply.
  ' (c) The court may order one or more of the parties to pay for
services provided under this subsection, if the parties are
unable to agree on their respective responsibilities for payment.
The court may not order that expenses be charged against funds
appropriated for   { - indigent - }   { + public + } defense
services.
  ' (d) The presiding judge of each judicial district shall
establish qualifications for the appointment and training of
individuals and panels and the designation of programs under this
section. In establishing qualifications, a presiding judge shall
take into consideration any guidelines recommended by the
statewide family law advisory committee.
  ' (4) The provisions of this section apply when:
  ' (a) A person files a domestic relations suit, as defined in
ORS 107.510;
  ' (b) A motion to modify an existing decree in a domestic
relations suit is before the court;
  ' (c) A parent of a child born out of wedlock initiates a civil
proceeding to determine custody or support under ORS 109.103;
  ' (d) A person petitions or files a motion for intervention
under ORS 109.119;
 
  ' (e) A person or state agency files a petition under ORS
109.125 to establish paternity and paternity is established; or
  ' (f) A habeas corpus proceeding is before the court.
  ' (5) Application of the provisions of subsection (1), (2) or
(3) of this section to the proceedings under subsection (4) of
this section does not prevent initiation, entry or enforcement of
an order of support.
  ' (6) The court, on its own motion or on the motion of a party,
may appoint counsel for the children. However, if requested to do
so by one or more of the children, the court shall appoint
counsel for the child or children. A reasonable fee for an
attorney so appointed may be charged against one or more of the
parties or as a cost in the proceedings but shall not be charged
against funds appropriated for   { - indigent - }
 { + public + } defense services.
  ' (7) Prior to the entry of an order, the court on its own
motion or on the motion of a party may take testimony from or
confer with the child or children of the marriage and may exclude
from the conference the parents and other persons if the court
finds that such action would be likely to be in the best
interests of the child or children. However, the court shall
permit an attorney for each party to attend the conference and
question the child, and the conference shall be reported.
  '  { +  SECTION 6d. + }  { + The amendments to ORS 107.425 by
section 6c of this 2001 Act become operative on October 1,
2003. + } ' .
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