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 3624
A-Engrossed
House Bill 2950
Ordered by the House April 12
Including House Amendments dated April 12
Sponsored by COMMITTEE ON JUDICIARY
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.
{ - Increases length of time within which juvenile court must
conduct preliminary hearing on emancipation application. - }
{ + Modifies parties and rights of parties in certain juvenile
court proceedings. Clarifies procedures for intervention.
Provides that intervention is not allowed in termination of
parental rights proceedings. Requires State Office for Services
to Children and Families to notify legal grandparent of hearing
concerning child if grandparent requests notice in writing.
Requires court to permit legal grandparent to be heard. + }
A BILL FOR AN ACT
Relating to juveniles; creating new provisions; and amending ORS
419B.115.
Be It Enacted by the People of the State of Oregon:
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. + }
----------