71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to RC to A-Eng. HB 2611
 
LC 1665/HB 2611-A3
 
            SENATE AMENDMENTS TO RESOLVE CONFLICTS TO
                   A-ENGROSSED HOUSE BILL 2611
 
                    By COMMITTEE ON JUDICIARY
 
                             May 31
 
  On page 1 of the printed A-engrossed bill, line 6, after '
419B.515' insert 'and section 1, chapter ___, Oregon Laws 2001
(Enrolled House Bill 2950)'.
  On page 22, after line 15, insert:
  '  { +  SECTION 39a. + }  { + If House Bill 2950 becomes law,
section 1, chapter ___, Oregon Laws 2001 (Enrolled House Bill
2950) (amending ORS 419B.115), is repealed and ORS 419B.115, as
amended by section 39 of this 2001 Act, is amended to read: + }
  ' 419B.115. (1) Parties to proceedings in the juvenile court
under ORS 419B.100 and { + , except as provided in paragraph (h)
of this subsection, under ORS + } 419B.500 are:
  ' (a) The minor child;
  ' (b) The legal parents or guardian of the child;
  ' (c) A putative father of the child if he has provided or
offered to provide for the physical, emotional, custodial or
financial needs of the child in the previous six months or was
prevented from doing so by the mother of the child;
  ' (d) The state;
  ' (e) The juvenile department;
  ' (f) A court appointed special advocate, if appointed;
  ' (g) The State Office for Services to Children and Families or
other child-caring agency if the agency has temporary custody of
the child;
  ' (h)   { - A person who has been allowed to intervene on the
basis of a child-parent relationship under ORS 109.119 - }  { +
An intervenor who is granted intervention under section 3,
chapter  ___ , Oregon Laws 2001 (Enrolled House Bill 2950). An
intervenor under this paragraph is not a party to a proceeding
under ORS 419B.500 + };
  ' (i) A guardian ad litem appointed under subsection (2) of
this section; and
  ' (j) The tribe in cases subject to the Indian Child Welfare
Act if the tribe has intervened pursuant to the Indian Child
Welfare Act.
  ' (2) When a court determines that a parent or guardian, due to
mental or physical disability, cannot adequately act in the
parent's or guardian's interests or give direction to the
parent's or guardian's counsel on decisions the parent or
guardian must make, the court shall appoint some suitable person
to act as guardian ad litem for the parent or guardian.
  ' (3) The rights of the parties include, but are not limited
to:
  ' (a) The right to notice of the proceeding and copies of the
petitions, answers, motions and other papers;
  ' (b) The right to appear with counsel and { + , except for
intervenors under subsection (1)(h) of this section, + } to have
counsel appointed as otherwise provided by law;
  ' (c) The right to call witnesses, cross-examine witnesses and
participate in hearings;
  ' (d) The right of appeal; and
  ' (e) The right to request a hearing.
  ' (4)(a)  { + The court may grant rights of limited
participation to + } persons who are not parties under subsection
(1) of this section { + . + }   { - may petition the court for
rights of limited participation. The petition must be filed
and - }   { + A person seeking rights of limited participation
must file a motion for limited participation and an affidavit.
The affidavit must be + } served on all parties no later than two
weeks before a proceeding in the case in which participation is
sought. The   { - petition - }  { +  affidavit + } must state:
  ' (A) The reason the participation is sought;
  ' (B) How the person's involvement is in the best interest of
the child or the administration of justice;
  ' (C) Why the parties cannot adequately present the case; and
  ' (D) What specific relief is being sought.
  ' (b) If the court   { - finds that the petition is well
founded, the court may grant - }   { + grants the motion, the + }
rights of limited participation   { - as - }  { +  are those + }
specified   { - by - }  { +  in + } the court { +  order + }.
  ' (c) Persons   { - petitioning - }  { +  moving + } for rights
of limited participation are not entitled to court-appointed
counsel { +  but may appear with retained counsel + }.
  ' (5) If a foster parent, preadoptive parent or relative is
currently providing care for a child, the State Office for
Services to Children and Families shall give the foster parent,
preadoptive parent or relative notice of a hearing concerning the
child and the court shall give the person an opportunity to be
heard. Except when allowed to intervene, the foster parent,
preadoptive parent or relative providing care for the child
  { - shall - }  { +  is + } not   { - be - }  considered a party
to the juvenile court proceeding solely because of notice and an
opportunity to be heard.
  '  { +  (6) When a legal grandparent of a child requests in
writing and provides a mailing address, the State Office for
Services to Children and Families shall give the legal
grandparent notice of a hearing concerning the child and the
court shall give the legal grandparent an opportunity to be
heard. Except when allowed to intervene, a legal grandparent is
not considered a party to the juvenile court proceeding solely
because of notice and an opportunity to be heard. + } ' .
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