71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to HB 2950
LC 3624/HB 2950-1
HOUSE AMENDMENTS TO
HOUSE BILL 2950
By COMMITTEE ON JUDICIARY
April 12
In line 2 of the printed bill, delete 'amending ORS 419B.555'
and insert 'creating new provisions; and amending ORS 419B.115'.
Delete lines 4 through 21 and insert:
' { + SECTION 1. + } ORS 419B.115 is amended to read:
' 419B.115. (1) Parties to proceedings in the juvenile court
under ORS 419B.100 and { + , except as provided in paragraph (g)
of this subsection, under ORS + }419B.500 are:
' (a) The minor child { + . + } { - ; - }
' (b) The legal parents or guardian of the child { + . + }
{ - ; - }
' (c) The state { + . + } { - ; - }
' (d) The juvenile department { + . + } { - ; - }
' (e) A court appointed special advocate, if
appointed { + . + } { - ; - }
' (f) The State Office for Services to Children and Families or
other child-caring agency if the agency has temporary custody of
the child { + . + } { - ; and - }
' (g) An intervenor who { - petitions or files a motion on
the basis of a child-parent relationship under ORS 109.119. - }
{ + is granted intervention under section 3 of this 2001 Act.
An intervenor under this paragraph is not a party to a proceeding
under ORS 419B.500.
' (h) An Indian tribe that has intervened in the case under the
Indian Child Welfare Act, 25 U.S.C. 1901 to 1923. + }
' (2) The rights of the parties include, but are not limited
to:
' (a) The right to notice of the proceeding and copies of the
pleadings;
' (b) The right to appear with counsel and { + , except for
intervenors under subsection (1)(g) 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.
' (3)(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 + }.
' (4) 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 as provided in subsection (1) of this section, 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.
' { + (5) 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 as provided in subsection (1) of this section, a
legal grandparent is not considered a party to the juvenile court
proceeding solely because of notice and an opportunity to be
heard. + }
' { + SECTION 2. + } { + Section 3 of this 2001 Act is added
to and made a part of ORS chapter 419B. + }
' { + SECTION 3. + } { + (1)(a) As used in this section,
'caregiver relationship' means a relationship between a person
and a child:
' (A) That has existed:
' (i) During the year preceding the initiation of the
dependency proceeding;
' (ii) For at least six months during the dependency
proceeding; or
' (iii) For half of the child's life if the child is less than
six months of age;
' (B) In which the person had physical custody of the child or
resided in the same household as the child;
' (C) In which the person provided the child on a daily basis
with the love, nurturing and other necessities required to meet
the child's psychological and physical needs; and
' (D) On which the child depended to meet the child's needs.
' (b) 'Caregiver relationship' does not include a relationship
between a child and a person who is the nonrelated foster parent
of the child unless the relationship continued for a period
exceeding 12 months.
' (2) A person asserting that the person has a caregiver
relationship with a child may file a motion for intervention in a
juvenile dependency proceeding.
' (3) Filing a motion under subsection (2) of this section is
the sole means by which a person may intervene in a juvenile
dependency proceeding. An order granting intervention under this
section is exclusively for juvenile dependency proceedings and
does not confer standing or rights of intervention in any other
action. Intervention is not allowed in proceedings under ORS
419B.500.
' (4) A motion for intervention must state:
' (a) The person's relationship to the child and the person's
involvement in the child's life;
' (b) The reason that intervention is sought;
' (c) How the person's intervention is in the best interests of
the child and aids the court in carrying out the purposes of ORS
chapter 419B;
' (d) Why the existing parties cannot adequately present the
case; and
' (e) What specific relief is being sought.
' (5) A person moving to intervene in a case must prove by a
preponderance of the evidence that:
' (a) A caregiver relationship exists between the person and
the child;
' (b) The intervention is in the best interests of the child;
' (c) Intervention aids the court in carrying out the purposes
of ORS chapter 419B;
' (d) The reason for intervention and the specific relief
sought are consistent with the best interests of the child; and
' (e) The existing parties cannot adequately protect the best
interests of the child without the intervention.
' (6) If the court finds that the motion for intervention is
well founded, the court may grant the intervention or may grant
rights of limited participation.
' (7)(a) A person granted intervention is a party to the case
and, except as provided in paragraphs (b) and (c) of this
subsection, may be granted such relief as the court determines to
be appropriate and in the best interests of the child.
' (b) At any time, a person granted intervention or a person
with rights of limited participation may move to be considered a
temporary placement or visitation resource for the child.
' (c) At any time after a court has determined at a permanency
hearing that the permanent plan for the child should be something
other than to return home, a person granted intervention may move
to be considered the permanent placement resource for the child.
' (8) The court may modify or set aside any order granting
intervention or limited participation as provided in ORS
419B.420, 419B.423 and 419B.426. + } ' .
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