71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 3920
Sponsored by COMMITTEE ON JUDICIARY
CHAPTER ................
AN ACT
Relating to juveniles; creating new provisions; amending ORS
419A.004, 419A.200, 419A.255, 419B.449, 419B.476, 419C.626 and
419C.656; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 419A.255 is amended to read:
419A.255. (1) The clerk of the court shall keep a record of
each case, including therein the summons and other process, the
petition and all other papers in the nature of pleadings,
motions, orders of the court and other papers filed with the
court, but excluding reports and other material relating to the
child's or youth's history and prognosis. The record of the case
shall be withheld from public inspection but shall be open to
inspection by the child or youth, parent, guardian, court
appointed special advocate, surrogate or a person allowed to
intervene in a proceeding involving the child or youth under ORS
109.119 (1), and their attorneys. The attorneys are entitled to
copies of the record of the case.
(2) Reports and other material relating to the child's or
youth's history and prognosis are privileged and, except at the
request of the child or youth, shall not be disclosed directly or
indirectly to anyone other than the judge of the juvenile court,
those acting under the judge's direction, service providers in
the case and the attorneys of record for the child or youth or
the child's or youth's parent, guardian, court appointed special
advocate, surrogate or person allowed to intervene in a
proceeding involving the child or youth under ORS 109.119 (1).
Reports and other material relating to a youth offender's history
and prognosis in cases under ORS 419C.005 may be disclosed to the
superintendent of the school district in which the youth offender
resides. The service providers in the case, school
superintendents and attorneys are entitled to examine and obtain
copies of any reports or other material relating to the child's
or youth's history and prognosis. Any service provider in the
case, school superintendent or attorney who examines or obtains
copies of such reports or materials is responsible for preserving
their confidentiality { + . + } { - and - } { + A service
provider or school superintendent who obtains copies of such
reports or materials + } shall return the copies to the court
upon the conclusion of the service provider's { - , - }
{ + or + } superintendent's { - or attorney's - } { +
+ }involvement in the case.
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(3) Except as otherwise provided in subsection (7) of this
section, no information appearing in the record of the case or in
reports or other material relating to the child's or youth's
history or prognosis may be disclosed to any person not described
in subsection (2) of this section without the consent of the
court, except for purposes of evaluating the child's or youth's
eligibility for special education as provided in ORS chapter 343,
and no such information may be used in evidence in any proceeding
to establish criminal or civil liability against the child or
youth, whether such proceeding occurs after the child or youth
has reached 18 years of age or otherwise, except for the
following purposes:
(a) In connection with a presentence investigation after the
guilt of the youth has been admitted or established in a criminal
court.
(b) In connection with a proceeding in another juvenile court
concerning the child or youth or an appeal from the juvenile
court.
(4) If the court finds that the child or youth or parent is
without financial means to purchase all or a necessary part of
the transcript of the evidence or proceedings, the court shall
order upon motion the transcript or part thereof to be furnished.
The transcript or part thereof furnished under this subsection
shall be paid for in the same manner as furnished transcripts are
paid for in criminal cases.
(5) Notwithstanding any other provision of law, the following
are not confidential and not exempt from disclosure:
(a) The name and date of birth of the { - child or - }
youth;
(b) The basis for the juvenile court's jurisdiction over the
{ - child or - } youth;
(c) The date, time and place of any juvenile court proceeding
in which the { - child or - } youth is involved;
(d) The act alleged in the petition that if committed by an
adult would constitute a crime if jurisdiction is based on ORS
419C.005;
(e) That portion of the juvenile court order providing for the
legal disposition of the { - child or - } youth
{ - where - } { + when + } jurisdiction is based on ORS
{ - 419B.100 (1)(g) or - } 419C.005;
(f) The names and addresses of the youth's parents or
guardians; and
(g) The register described in ORS 7.020 { + when jurisdiction
is based on ORS 419C.005 + }.
(6) Notwithstanding any other provision of law, when a youth
has been taken into custody under ORS 419C.080, the following
information shall be disclosed unless, and only for so long as,
there is a clear need to delay disclosure in the course of a
specific investigation, including the need to protect the
complaining party or the victim:
(a) The youth's name and age and whether the youth is employed
or in school;
(b) The youth offense for which the youth was taken into
custody;
(c) The name and age of the adult complaining party and the
adult victim, unless the disclosure of such information is
otherwise prohibited or restricted;
(d) The identity of the investigating and arresting agency; and
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(e) The time and place that the youth was taken into custody
and whether there was resistance, pursuit or a weapon used in
taking the youth into custody.
(7)(a) Information contained in reports and other materials
relating to a child's or youth's history and prognosis that, in
the professional judgment of the juvenile counselor, caseworker,
school superintendent, teacher or detention worker to whom the
information for the reports or other materials has been provided,
indicates a clear and immediate danger to another person or to
society shall be disclosed to the appropriate authority and the
person or entity who is in danger from the child or youth.
(b) An agency or a person who discloses information under
paragraph (a) of this subsection shall have immunity from any
liability, civil or criminal, that might otherwise be incurred or
imposed for making the disclosure.
(c) Nothing in this subsection affects the provisions of ORS
146.750, 146.760, 419B.035, 419B.040 and 419B.045. The disclosure
of information under this section does not make the information
admissible in any court or administrative proceeding if it is not
otherwise admissible.
(8) A county juvenile department is the agency responsible for
disclosing youth offender records and records relating to
nonadjudicated youths if the records are subject to disclosure.
SECTION 2. ORS 419A.004 is amended to read:
419A.004. As used in this chapter and ORS chapters 419B and
419C, unless the context requires otherwise:
(1) 'CASA Volunteer Program' means a program approved or
sanctioned by the juvenile court to recruit, train and supervise
volunteer persons to serve as court appointed special advocates.
(2) 'Child' means a person within the jurisdiction of the
juvenile court as provided in ORS 419B.100.
(3) 'Child care center' means a residential facility for the
care and supervision of children that is licensed under the
provisions of ORS 418.240.
(4) 'Community service' has the meaning given that term in ORS
137.126.
(5) 'Conflict of interest' means a person appointed to a local
citizen review board who has a personal or pecuniary interest in
a case being reviewed by that board.
(6) 'Counselor' means a juvenile department counselor.
(7) 'Court' means the juvenile court.
(8) 'Court appointed special advocate' or 'CASA' means a person
appointed by the court pursuant to a CASA Volunteer Program to
act as special advocate for a child pursuant to ORS 419A.170.
(9) 'Court facility' has the meaning given that term in ORS
166.360.
(10) 'Detention' or 'detention facility' means a facility
established under ORS 419A.010 to 419A.020 and 419A.050 to
419A.063 for the detention of dependent children or delinquent
youth pursuant to a judicial commitment or order.
(11) 'Director' means the director of a juvenile department
established under ORS 419A.010 to 419A.020 and 419A.050 to
419A.063.
(12) 'Guardian' means guardian of the person and not guardian
of the estate.
(13) 'Indian child' means any unmarried person less than 18
years of age who is:
(a) A member of an Indian tribe; { + or + }
(b) Eligible for membership in an Indian tribe and is the
biological child of a member of an Indian tribe { - ; or - }
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{ - (c) Covered by the terms of an Indian Child Welfare Act
agreement between Oregon and an Indian tribe - } .
(14) 'Juvenile court' means the court having jurisdiction of
juvenile matters in the several counties of this state.
(15) 'Local citizen review board' means the board specified by
ORS 419A.090 and 419A.092.
(16) 'Office' means the State Office for Services to Children
and Families.
(17) 'Parent' means the biological or adoptive mother of the
child and the legal or adoptive father of the child. A legal
father includes:
(a) A nonimpotent, nonsterile man who was cohabiting with his
wife, who is the mother of the child, at the time of conception;
(b) A man married to the mother of the child at the time of
birth, where there is no decree of separation and the presumption
of paternity has not been disputed;
(c) A biological father who marries the mother of the child
after the birth of the child;
(d) A biological father who has established or declared
paternity through filiation proceedings or under ORS 416.400 to
416.470; and
(e) A biological father who has, with the mother, established
paternity through a voluntary acknowledgment of paternity under
ORS 109.070.
(18) 'Permanent foster care' means an out-of-home placement in
which there is a long-term contractual foster care agreement
between the foster parents and the State Office for Services to
Children and Families that is approved by the juvenile court and
in which the foster parents commit to raise a foster child until
the age of majority.
(19) 'Planned permanent living arrangement' means an
out-of-home placement other than by adoption, placement with a
relative or placement with a legal guardian that is consistent
with the case plan and in the best interests of the child.
(20) 'Public building' has the meaning given that term in ORS
166.360.
(21) 'Reasonable time' means a period of time that is
reasonable given a child's emotional and developmental needs and
ability to form and maintain lasting attachments.
(22) 'Records' means any information in written form, pictures,
photographs, charts, graphs, recordings or documents pertaining
to a case.
(23) 'Resides' or 'residence,' when used in reference to the
residence of a child or youth, means the place where the child or
youth is actually living or the jurisdiction in which wardship of
the child or youth has been established.
(24) 'Restitution' has the meaning given that term in ORS
137.103.
(25) 'Serious physical injury' means:
(a) A serious physical injury as defined in ORS 161.015; or
(b) A physical injury that:
(A) Has a permanent or protracted significant effect on a
child's daily activities;
(B) Results in substantial and recurring pain; or
(C) In the case of a child under 10 years of age, is a broken
bone.
(26) 'Shelter care' means a home or other facility suitable for
the safekeeping of a child who is taken into temporary custody
pending investigation and disposition where the circumstances are
such that the child does not need to be kept in secure custody.
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(27) 'Short-term detention facility' means a facility
established under ORS 419A.050 (3) for holding youths pending
further placement.
(28) 'Substitute care' means an out-of-home placement directly
supervised by the office or other agency, including placement in
a foster family home, group home or other child caring
institution or facility. 'Substitute care' does not include care
in:
(a) A detention facility, forestry camp or youth correction
facility;
(b) A family home which the court has approved as a child's
permanent placement, where a private child caring agency has been
appointed guardian of the child and where the child's care is
entirely privately financed; or
(c) In-home placement subject to conditions or limitations.
(29) 'Surrogate' means a person appointed by the court to
protect the right of the child to receive procedural safeguards
with respect to the provision of free appropriate public
education.
(30) 'Tribal court' means a court with jurisdiction over child
custody proceedings and that is either a Court of Indian
Offenses, a court established and operated under the code of
custom of an Indian tribe or any other administrative body of a
tribe that is vested with authority over child custody
proceedings.
(31) 'Youth' means a person under 18 years of age who is
alleged to have committed an act that is a violation, or, if done
by an adult would constitute a violation, of a law or ordinance
of the United States or a state, county or city.
(32) 'Youth care center' has the meaning given that term in ORS
420.855.
(33) 'Youth offender' means a person who has been found to be
within the jurisdiction of the juvenile court under ORS 419C.005
for an act committed by the person when the person was at least
12 years of age and under 18 years of age.
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
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(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
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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,
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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
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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
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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
Enrolled House Bill 3920 (HB 3920-B) Page 10
(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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Passed by House May 29, 2001
Repassed by House July 5, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate July 4, 2001
...........................................................
President of Senate
Enrolled House Bill 3920 (HB 3920-B) Page 11
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 3920 (HB 3920-B) Page 12