71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
SA to A-Eng. HB 3920
LC 4094/HB 3920-A8
SENATE AMENDMENTS TO
A-ENGROSSED HOUSE BILL 3920
By COMMITTEE ON RULES AND REDISTRICTING
July 4
On page 1 of the printed A-engrossed bill, line 2, after the
semicolon insert 'creating new provisions;' and delete 'and
419A.255' and insert ', 419A.200, 419A.255, 419B.449, 419B.476,
419C.626 and 419C.656; and declaring an emergency'.
On page 5, after line 13, insert:
' { + SECTION 3. + } ORS 419A.200, as amended by sections 3
and 3a, chapter 480, Oregon Laws 2001 (Enrolled House Bill 2336),
is amended to read:
' 419A.200. (1) Except as provided in ORS 419A.190, any person
or entity, including, but not limited to, a party to a juvenile
court proceeding under ORS 419B.115 (1) or 419C.285 (1), whose
rights or duties are adversely affected by a judgment of the
juvenile court may appeal therefrom. An appeal from a circuit
court shall be taken to the Court of Appeals, and an appeal from
a county court shall be taken to the circuit court.
' (2) If the proceeding is in the circuit court and no record
of the proceedings was kept, the court, on motion made not later
than 15 days after the entry of the court's judgment, shall grant
a rehearing and shall direct that a record of the proceedings be
kept. However, the court shall not grant a rehearing in a case
barred by ORS 419A.190 without the consent of the child affected
by such case. If a rehearing is held, the time for taking an
appeal shall run from the date of entry of the court's judgment
after the rehearing.
' (3)(a) The appeal may be taken by causing a notice of appeal,
in the form prescribed by ORS 19.250, to be served:
' (A) On all parties who have appeared in the proceeding;
' (B) On the trial court administrator or other person serving
as clerk of the juvenile court; and
' (C) On the juvenile court transcript coordinator, if a
transcript is designated in connection with the appeal.
' (b) The original of the notice with proof of service shall be
filed with:
' (A) The Court of Appeals if the appeal is from a circuit
court; or
' (B) The circuit court if the appeal is from a county court.
' (c) The notice shall be filed not later than 30 days after
the entry of the court's judgment. On appeal from the county
court, the circuit court shall hear the matter de novo and its
judgment shall be appealable to the Court of Appeals in the same
manner as if the proceeding had been commenced in the circuit
court.
' (4) The counsel in the proceeding from which the appeal is
being taken shall file and serve those documents necessary to
commence an appeal if the counsel is requested to do so by the
party the counsel represents.
' (5)(a) Upon motion of a person, other than the state,
entitled to appeal under subsection (1) of this section, the
appellate court shall grant the person leave to file a notice of
appeal after the time limits described in subsection (3) of this
section if:
' (A) The person shows a colorable claim of error in the
proceeding from which the appeal is taken; and
' (B) The person shows that the failure to file a timely notice
of appeal is not personally attributable to the person.
' (b) A person other than the state is not entitled to relief
under this subsection for failure to file timely notice of
cross-appeal when the state appeals pursuant to section
5 { + , + } { - of this 2001 Act - } { + chapter 480, Oregon
Laws 2001 (Enrolled House Bill 2336) + }.
' (c) The request for leave to file a notice of appeal after
the time limits prescribed in subsection (3) of this section must
be filed no later than 90 days after entry of the judgment being
appealed and must be accompanied by the notice of appeal sought
to be filed. A request for leave under this subsection may be
filed by mail and is deemed filed on the date of mailing if the
request is mailed as provided in ORS 19.260.
' (d) The court may not grant relief under this subsection
unless the state has notice and opportunity to respond to the
person's request for relief.
' (6) An appeal to the Court of Appeals shall be conducted in
the same manner as an appeal under ORS chapter 19 except that:
' (a) The court shall advance the appeal on the court's docket
in the same manner as appeals in criminal cases; and
' (b) The court's scope of review is de novo on the record.
' (7)(a) Except as provided in section 5 (2) { + , + } { - of
this 2001 Act - } { + chapter 480, Oregon Laws 2001 (Enrolled
House Bill 2336), + } or when otherwise ordered by the appellate
court, the filing of an appeal does not suspend an order or
judgment of the juvenile court nor discharge the child from the
custody of the person, institution or agency in whose custody the
child may have been placed nor preclude the juvenile court after
notice and hearing from entering such further orders relating to
the child's custody pending final disposition of the appeal as it
finds necessary by reason only of matters transpiring subsequent
to the order or judgment appealed from. The trial court
administrator shall immediately file certified copies of any such
order or judgment with the Court of Appeals.
' (b) Notwithstanding the filing of an appeal from a
jurisdictional or dispositional judgment or an order entered
pursuant to ORS 419B.449 or 419B.476, the juvenile court may
proceed with the adjudication of a petition seeking termination
of the parental rights of a parent of the child who is subject to
the judgment from which the appeal is taken.
' (c) The appeal of any judgment entered in a termination of
parental rights proceeding under paragraph (b) of this subsection
shall be consolidated, if appropriate, with any pending appeal of
an order or judgment entered under ORS 419B.325, 419B.449 or
419B.476. The consolidated appeal shall be conducted and advanced
on the court's docket in the same manner as termination of
parental rights cases.
' { + (8) On appeal of a judgment or final order, the
appellate court may review any interlocutory order that:
' (a) Involves the merits or necessarily affects the judgment
or final order appealed from; and
' (b) Was made after entry of the last appealable judgment or
final order preceding entry of the judgment or final order being
appealed. + }
' { - (8) - } { + (9) + } The district attorney or Attorney
General shall represent the state in the appeal.
' { + SECTION 4. + } ORS 419B.449, as amended by section 8,
chapter 480, Oregon Laws 2001 (Enrolled House Bill 2336), is
amended to read:
' 419B.449. (1) Upon receiving any report required by ORS
419B.440 and 419B.443, the court may hold a hearing to review the
child's condition and circumstances and to determine if the court
should continue jurisdiction over the child or order
modifications in the care, placement and supervision of the
child. The court shall hold a hearing:
' (a) In all cases under ORS 419B.440 (3) where the parents'
rights have been terminated; or
' (b) If requested by the child, the attorney for the child, if
any, the parents or the public or private agency having
guardianship or legal custody of the child within 30 days of
receipt of the notice provided in ORS 419B.452.
' (2) The hearing provided in subsection (1) of this section
shall be conducted in the manner provided in ORS 419B.310, except
that the court may receive testimony and reports as provided in
ORS 419B.325. At the conclusion of the hearing, the court shall
enter findings of fact if the decision is to continue the child
in substitute care. Such findings shall specifically state:
' (a) Why continued care is necessary as opposed to returning
the child to the child's home or taking prompt action to secure
another permanent placement; or
' (b) The expected timetable for return or other permanent
placement.
' (3) In making the findings under subsection (2) of this
section, the court shall consider the efforts made to develop the
concurrent case plan, including, but not limited to,
identification and selection of a suitable adoptive placement for
the child when adoption is the concurrent case plan.
' (4) In addition to findings of fact required by subsection
(2) of this section, the court may order the State Office for
Services to Children and Families to consider additional
information in developing the case plan or concurrent case plan.
' { + (5) Any final decision of the court made pursuant to
the hearing provided in subsection (1) of this section is
appealable under ORS 419A.200. + }
' { + SECTION 5. + } ORS 419B.476, as amended by section 9,
chapter 480, Oregon Laws 2001 (Enrolled House Bill 2336), and
section 16, chapter 686, Oregon Laws 2001 (Enrolled Senate Bill
419), is amended to read:
' 419B.476. (1) A permanency hearing shall be conducted in the
manner provided in ORS 418.312, 419B.310, 419B.317 and 419B.320,
except that the court may receive testimony and reports as
provided in ORS 419B.325.
' (2) At a permanency hearing the court shall:
' (a) If the case plan at the time of the hearing is to reunify
the family, determine 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 and whether the
parent has made sufficient progress to make it possible for the
child to safely return home. In making its determination, the
court shall consider the child's health and safety the paramount
concerns.
' (b) If the case plan at the time of the hearing is something
other than to reunify the family, determine whether the office
has made reasonable efforts to place the child in a timely manner
in accordance with the plan and to complete the steps necessary
to finalize the permanent placement of the child.
' (3) At a permanency hearing the court may:
' (a) If the case plan changed during the period since the last
review by a local citizen review board or court hearing and a
plan to reunify the family was in effect for any part of that
period, determine whether the office 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. In making
its determination, the court shall consider the child's health
and safety the paramount concerns;
' (b) If the case plan changed during the period since the last
review by a local citizen review board or court hearing and a
plan other than to reunify the family was in effect for any part
of that period, determine whether the office has made reasonable
efforts to place the child in a timely manner in accordance with
the plan and to complete the steps necessary to finalize the
permanent placement of the child;
' (c) If the court determines that further efforts will make it
possible for the child to safely return home within a reasonable
time, order that the parents participate in specific services for
a specific period of time and make specific progress within that
period of time;
' (d) Determine the adequacy and compliance with the case plan
and the case progress report;
' (e) Review the efforts made by the office to develop the
concurrent permanent plan, including but not limited to,
identification and selection of a suitable adoptive placement for
the child;
' (f) Order the office to develop or expand the case plan or
concurrent permanent plan and provide a case progress report to
the court and other parties within 10 days after the permanency
hearing;
' (g) Order the office or other agency directly responsible for
the child to modify the care, placement and supervision of the
child;
' (h) Order the local citizen review board to review the status
of the child prior to the next court hearing; or
' (i) Set another court hearing at a later date.
' (4) The court shall enter an order within 20 days after the
permanency hearing. In addition to any determinations or orders
the court may make under subsection (3) of this section, the
order shall include:
' (a) The court's determination required under subsection (2)
of this section, including a brief description of the efforts the
office has made with regard to the case plan in effect at the
time of the permanency hearing;
' (b) The court's determination of the permanency plan for the
child that includes whether and, if applicable, when:
' (A) The child will be returned to the parent;
' (B) The child will be placed for adoption, and a petition for
termination of parental rights will be filed;
' (C) The child will be referred for establishment of legal
guardianship; or
' (D) The child will be placed in another planned permanent
living arrangement;
' (c) If the court determines that the permanency plan for the
child should be to return home because further efforts will make
it possible for the child to safely return home within a
reasonable time, the court's determination of the services in
which the parents are required to participate, the progress the
parents are required to make and the period of time within which
the specified progress must be made;
' (d) If the court determines that the permanency plan for the
child should be adoption, the court's determination of whether
one of the circumstances in ORS 419B.498 (2) is applicable;
' (e) If the court determines that the permanency plan for the
child should be establishment of a legal guardianship or
placement with a fit and willing relative, the court's
determination of why neither placement with parents nor adoption
is appropriate;
' (f) If the court determines that the permanency plan for the
child should be a planned permanent living arrangement, the
court's determination of a compelling reason, which must be
documented by the office, why it would not be in the best
interests of the child to be returned home, placed for adoption,
placed with a legal guardian or placed with a fit and willing
relative;
' (g) If the current placement is not expected to be permanent,
the court's projected timetable for return home or for placement
in another planned permanent living arrangement. If the timetable
set forth by the court is not met, the office shall promptly
notify the court and parties; { - or - } { + and + }
' (h) If an Indian child is involved, the tribal affiliation of
the child.
' (5) If an Indian child is involved, the court shall follow
the placement preference established by the Indian Child Welfare
Act.
' { + (6) Any final decision of the court made pursuant to
the permanency hearing is appealable under ORS 419A.200. On
appeal of a final decision of the court under this subsection,
the court's finding, if any, under ORS 419B.340 (5) that the
State Office for Services to Children and Families is not
required to make reasonable efforts to make it possible for the
child to safely return home is an interlocutory order to which a
party may assign error. + }
' { + SECTION 6. + } ORS 419C.626, as amended by section 10,
chapter 480, Oregon Laws 2001 (Enrolled House Bill 2336), is
amended to read:
' 419C.626. (1) Upon receiving any report required by ORS
419C.620, the court may hold a hearing to review the youth
offender's condition and circumstances and to determine if the
court should continue jurisdiction over the youth offender or
order modifications in the care, placement and supervision of the
youth offender. The court shall hold a hearing if requested by
the youth offender, the attorney for the youth offender, if any,
the parents or the public or private agency having guardianship
or legal custody of the youth offender within 30 days of receipt
of the notice provided in ORS 419C.629.
' (2) The hearing provided in subsection (1) of this section
shall be conducted in the manner provided in ORS 419C.400 (1),
419C.405 and 419C.408, except that the court may receive
testimony and reports as provided in ORS 419C.400 (3). At the
conclusion of the hearing, the court shall enter findings of fact
if the decision is to continue the youth offender in substitute
care. Such findings shall specifically state:
' (a) Why continued care is necessary as opposed to returning
the youth offender to the youth offender's home or prompt action
to secure another permanent placement; or
' (b) The expected timetable for return or other permanent
placement.
' { + (3) Any final decision of the court made pursuant to
the hearing provided in subsection (1) of this section is
appealable under ORS 419A.200. + }
' { + SECTION 7. + } ORS 419C.656, as amended by section 11,
chapter 480, Oregon Laws 2001 (Enrolled House Bill 2336), is
amended to read:
' 419C.656. (1) The court shall enter an order within 20 days
after the review hearing. Where the youth is in substitute care,
the order shall include a determination of:
' (a) Whether or not the youth should be returned to the
parent;
' (b) Whether or not the youth should be placed for adoption;
' (c) Whether the youth should continue in substitute care for
a specified period; or
' (d) Whether, because of special needs or circumstances, the
youth should be placed in the permanent custody or guardianship
of a responsible relative or other individual or should continue
in substitute care on a permanent or long-term basis.
' (2) If the court determines that the youth shall be placed or
continued in substitute care or placed in the custody or
guardianship of a relative or other responsible individual, the
court shall enter written findings specifying why neither
placement with parents nor adoption is appropriate. If the
current placement is not expected to be permanent, the court
shall specify a projected timetable for return home or another
permanent placement. If the timetable set forth by the court is
not met, the Oregon Youth Authority shall promptly notify the
court and parties.
' (3) In the course of the dispositional review hearing, the
court may determine the adequacy of and compliance with the case
plan and case progress report. In addition to other orders, the
court may:
' (a) Order the youth authority to develop or expand a case
plan or case progress report which must be submitted within 10
days after the hearing;
' (b) Set a court hearing at a specific later time;
' (c) Direct the local citizen review board to review the
status of the youth prior to its next review under ORS 419A.106,
419A.108, 419A.110, 419A.112, 419A.116 and 419A.118;
' (d) Order the youth authority or other agency directly
responsible for the youth to modify the care, placement and
supervision of the youth; and
' (e) Determine whether the youth authority or other agency
directly responsible for the youth has made reasonable efforts to
reunify the family.
' (4) The dispositional review hearing shall be conducted in
the manner provided in ORS 419C.400 (1), 419C.405 and 419C.408,
except that the court may receive testimony and reports as
provided in ORS 419C.400 (3).
' { + (5) Any final decision of the court made pursuant to
the dispositional review hearing is appealable under ORS
419A.200. + }
' { + SECTION 8. + } { + The amendments to ORS 419A.004 and
419A.255 by sections 1 and 2 of this 2001 Act become operative on
January 1, 2002. + }
' { + SECTION 9. + } { + This 2001 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2001 Act
takes effect on its passage. + } ' .
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