71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 419
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Governor John A. Kitzhaber,
  M.D., for Department of Human Services)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to implementation of federal Adoption and Safe Families
  Act; creating new provisions; amending ORS 417.375, 418.312,
  418.625, 418.635, 419A.106, 419A.116, 419B.090, 419B.150,
  419B.185, 419B.340, 419B.343, 419B.443, 419B.470, 419B.476,
  419B.498, 419B.502, 419B.504, 419C.080, 419C.133, 419C.145,
  419C.156, 419C.306 and 419C.478; repealing ORS 419B.350 and
  section 1, chapter 360, Oregon Laws 2001 (Enrolled House Bill
  2391); and declaring an emergency.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 419B.150 is amended to read:
  419B.150. (1) A child may be taken into protective custody by a
peace officer, counselor, employee of the State Office for
Services to Children and Families or any other person authorized
by the juvenile court of the county in which the child is found,
in the following circumstances:
  (a) Where the child's condition or surroundings reasonably
appear to be such as to jeopardize the child's welfare;
  (b) Where the juvenile court, by order indorsed on the summons
as provided in ORS 419B.271 or otherwise, has ordered that the
child be taken into protective custody; or
  (c) Where it reasonably appears that the child has run away
from home.
  (2)(a) Before issuing an order under subsection (1)(b) of this
section, the court shall review an affidavit sworn on information
and belief provided by a peace officer, counselor or employee of
the State Office for Services to Children and Families or other
person authorized by the juvenile court that sets forth with
particularity the facts and circumstances on which the request
for protective custody is based { + , why protective custody is
in the best interests of the child + } and the reasonable efforts
or, if the Indian Child Welfare Act applies, active efforts made
by the office to eliminate the need for protective custody of the
child.
  (b) Except as provided in paragraph (c) of this subsection,
  { - the court may not issue an order unless the court
determines that the office has made - }  { +  an order directing
that a child be taken into protective custody under subsection
(1) of this section shall contain written findings, including a
 
 
Enrolled Senate Bill 419 (SB 419-B)                        Page 1
 
 
 
brief description of the + } reasonable efforts or, if the Indian
Child Welfare Act applies, active efforts to eliminate the need
for protective custody of the child { +  that the office has made
and why protective custody is in the best interests of the
child + }.
  (c) The court may issue an order even though no services have
been provided if the court   { - finds - }   { + makes written
findings + } that no existing services could eliminate the need
for protective custody of the child { +  and that protective
custody is in the best interests of the child + }.
  (3) When a child is taken into protective custody as a runaway
under subsection (1) of this section, the peace officer or other
person who takes the child into custody:
  (a)(A) Shall release the child without unnecessary delay to the
custody of the child's parent or guardian or to a shelter
facility that has agreed to provide care and services to children
who have run away from home and that has been designated by the
juvenile court to provide such care and services; or
  (B) Shall follow the procedures described in ORS 419B.160,
419B.165, 419B.168 and 419B.171;
  (b) Shall, if possible, determine the preferences of the child
and the child's parent or guardian as to whether the best
interests of the child are better served by placement in a
shelter facility that has agreed to provide care and services to
children who have run away from home and that has been designated
by the juvenile court to provide such care and services or by
release to the child's parent or guardian; and
  (c) Notwithstanding ORS 419B.165 and subsection (1) of this
section, shall release the child to a shelter facility that has
agreed to provide care and services to children who have run away
from home and that has been designated by the juvenile court to
provide such care and services if it reasonably appears that the
child would not willingly remain at home if released to the
child's parent or guardian.
  SECTION 2. ORS 419B.150, as amended by section 2, chapter 691,
Oregon Laws 1999, is amended to read:
  419B.150. (1) A child may be taken into protective custody by a
peace officer, counselor, employee of the State Office for
Services to Children and Families or any other person authorized
by the juvenile court of the county in which the child is found,
in the following circumstances:
  (a) Where the child's condition or surroundings reasonably
appear to be such as to jeopardize the child's welfare; or
  (b) Where the juvenile court, by order indorsed on the summons
as provided in ORS 419B.271 or otherwise, has ordered that the
child be taken into protective custody.
  (2)(a) Before issuing an order under subsection (1)(b) of this
section, the court shall review an affidavit sworn on information
and belief provided by a peace officer, counselor or employee of
the State Office for Services to Children and Families or other
person authorized by the juvenile court that sets forth with
particularity the facts and circumstances on which the request
for protective custody is based { + , why protective custody is
in the best interests of the child + } and the reasonable efforts
or, if the Indian Child Welfare Act applies, active efforts made
by the office to eliminate the need for protective custody of the
child.
  (b) Except as provided in paragraph (c) of this subsection,
  { - the court may not issue an order unless the court
determines that the office has made - }  { +  an order directing
 
 
Enrolled Senate Bill 419 (SB 419-B)                        Page 2
 
 
 
that a child be taken into protective custody under subsection
(1) of this section shall contain written findings, including a
brief description of the + } reasonable efforts or, if the Indian
Child Welfare Act applies, active efforts to eliminate the need
for protective custody of the child { +  that the office has made
and why protective custody is in the best interests of the
child + }.
  (c) The court may issue an order even though no services have
been provided if the court   { - finds - }   { + makes written
findings + } that no existing services could eliminate the need
for protective custody of the child { +  and that protective
custody is in the best interests of the child + }.
  SECTION 3. ORS 419B.185 is amended to read:
  419B.185. (1) When the child is taken, or is about to be taken,
into protective custody pursuant to ORS 419B.160, 419B.165,
419B.168 and 419B.171 and placed in detention or shelter care, a
parent or child shall be given the opportunity to present
evidence to the court at the hearings specified in ORS 419B.183,
and at any subsequent review hearing, that the child can be
returned home without further danger of suffering physical injury
or emotional harm, endangering or harming others, or not
remaining within the reach of the court process prior to
adjudication. At the hearing:
  (a) The court shall make written findings as to 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 prevent or eliminate the need for removal of
the child from the home and to make it possible for the child to
safely return home. When the court finds that no services were
provided but that reasonable services would not have eliminated
the need for protective custody, the court shall consider the
office to have made reasonable efforts or, if the Indian Child
Welfare Act applies, active efforts to prevent or eliminate the
need for protective custody. { +  The court shall include in the
written findings a brief description of what preventive and
reunification efforts were made by the office. + }
  (b) In determining whether a child shall be removed or
continued out of home, the court shall consider whether the
provision of reasonable services can prevent or eliminate the
need to separate the family.
  (c) In determining whether the office has made reasonable
efforts or, if the Indian Child Welfare Act applies, active
efforts to prevent or eliminate the need for removal of the child
from the home   { - or - }   { + and + } to make it possible for
the child to safely return home, the court shall consider the
child's health and safety the paramount concerns.
  (d) The court shall make a written finding in every order of
removal that  { + describes why + } it is in the best
 { - interest and for the welfare - }   { + interests + } of the
child that the child be removed from the home or continued in
care.
  (e) The court shall determine whether the child is an Indian
child as defined in ORS 419A.004 or in the applicable
State-Tribal Indian Child Welfare Agreement.
  (2) To aid the court in making the  { + written + } findings
required by subsection (1)(a)  { + and (d) + } of this section,
the office shall present  { + written + } documentation to the
court outlining the reasonable or active efforts made to prevent
taking the child into protective custody and to provide services
 
 
 
Enrolled Senate Bill 419 (SB 419-B)                        Page 3
 
 
 
to make it possible for the child to safely return home { +  and
why protective custody is in the best interests of the child + }.
  SECTION 4. ORS 418.625 is amended to read:
  418.625. As used in ORS 418.625 to 418.645:
    { - (1) Certificate includes: - }
    { - (a) A 'provisional' certificate issued for 90 days;
or - }
    { - (b) A 'regular' certificate, which is effective for one
year. - }
   { +  (1) 'Certificate' means a written approval to operate a
foster home issued by the State Office for Services to Children
and Families on a form prescribed by the office that states the
name of the foster parent, the address of the premises to which
the certificate applies and the maximum number of children to be
maintained or boarded in the foster home at any one time. + }
  (2) 'Foster home' means any home maintained by a person who has
under the care of the person in such home any child under the age
of 18 years not related to the person by blood or marriage and
unattended by its parent or guardian, for the purpose of
providing such child with care, food and lodging, but does not
include:
  (a) Any boarding school that is essentially and primarily
engaged in educational work;
  (b) Any home in which a child is provided board and room by a
school board;
  (c) Any foster home under the direct supervision of a private
child-caring agency or institution certified by the State Office
for Services to Children and Families; or
  (d) Any home under the direct supervision of a custodial parent
for the purpose of providing respite care as defined by rule.
  (3) 'Office' means the State Office for Services to Children
and Families.
  SECTION 5. ORS 418.635 is amended to read:
  418.635. Application for a certificate to operate a foster home
shall be made to the State Office for Services to Children and
Families upon a form to be furnished by the office. Upon receipt
of such application, the office shall cause an investigation of
the qualifications of the foster home to be made to determine
which type of certificate should be issued in accordance with the
rules of the office pertinent to the certification of foster
homes, and shall issue an appropriate certificate to any person
maintaining a foster home which complies with ORS 418.625 to
418.645. Such certificate may be revoked by the office following
notice and opportunity for hearing as provided in ORS 183.310 to
183.550 because of violation of any of the provisions of ORS
418.625 to 418.645 or of the rules provided for in ORS 418.640.
 { - Such certificate shall be in the form prescribed by the
office and shall state the name of the foster parent, the address
of the premises to which the certificate applies and the maximum
number of children to be maintained or boarded in such foster
home at any one time. - }  Such certificate shall apply only to
the premises designated on the certificate at the time of issue
and a change of residence shall automatically terminate the
certificate.   { - A provisional certificate may be renewed for
an additional 90-day period. - }
  SECTION 6. ORS 418.312 is amended to read:
  418.312. (1) The State Office for Services to Children and
Families   { - shall - }   { + may + } not require any parent or
legal guardian to transfer legal custody of a child in order to
have the child placed under ORS 418.205 to 418.310, 418.480 to
 
 
Enrolled Senate Bill 419 (SB 419-B)                        Page 4
 
 
 
418.500 and 418.992 to 418.998 in a foster home, group home or
institutional child care setting, when the sole reason for the
placement is the need to obtain services for the child's
emotional, behavioral or mental disorder or developmental or
physical disability. In all such cases, the child shall be placed
pursuant to a voluntary placement agreement. When a child is
placed pursuant to a voluntary placement agreement, the State
Office for Services to Children and Families shall have
responsibility for the child's placement and care. When a child
remains in voluntary placement for more than 180 days, the
juvenile court shall make a judicial determination, within the
first 180 days of the placement, that the placement is in the
best interests of the child. In addition, the juvenile court
shall hold a   { - dispositional hearing - }   { + permanency
hearing as provided in ORS 419B.476 + } no later than
 { - 18 - }   { + 14 + } months after the  { + child's + }
original voluntary placement, and   { - every two years - }
 { + not less frequently than once every 12 months + } thereafter
during the continuation of the  { + child's original
voluntary + } placement, to determine the future status of the
child.
  (2) As used in this section, 'voluntary placement agreement'
means a binding, written agreement between the State Office for
Services to Children and Families and the parent or legal
guardian of a minor child that does not transfer legal custody to
the State Office for Services to Children and Families but that
specifies, at a minimum, the legal status of the child and the
rights and obligations of the parent or legal guardian, the child
and the State Office for Services to Children and Families while
the child is in placement.
  SECTION 7. ORS 419B.470 is amended to read:
  419B.470. (1) The court shall conduct a permanency hearing
within 30 days after a judicial finding is made under ORS
419B.340 (5) if, based upon that judicial finding, the State
Office for Services to Children and Families determines that it
will not make reasonable efforts to reunify the family.
  (2) In all other cases when the child is in substitute care,
the court shall conduct a permanency hearing no later than 12
months after the child was found within the jurisdiction of the
court under ORS 419B.100 or 14 months after the child was placed
in substitute care, whichever is the earlier.
    { - (3) Except as otherwise provided in subsection (4) of
this section, after the initial permanency hearing conducted
under subsection (1) or (2) of this section, the court shall
conduct subsequent permanency hearings not less frequently than
every 12 months for as long as the child remains in substitute
care. - }
    { - (4) - }   { + (3) + }   { - The court is not required to
conduct subsequent permanency hearings if the child is placed in
permanent foster care sanctioned by the court. However, if
the - }   { + If a + } child is removed from court sanctioned
permanent foster care,  { + the State Office for Services to
Children and Families shall request and + } the court shall
conduct a permanency hearing within three months after the date
of the change in placement   { - and not less frequently than
every 12 months thereafter for as long as the child remains in
substitute care - } .
    { - (5) - }   { + (4) + } Unless good cause otherwise is
shown, the court shall also conduct a permanency hearing at any
time upon the request of the State Office for Services to
 
 
Enrolled Senate Bill 419 (SB 419-B)                        Page 5
 
 
 
Children and Families, an agency directly responsible for care or
placement of the child, parents whose parental rights have not
been terminated, an attorney for the child, a court appointed
special advocate, a citizen review board, a tribal court or upon
its own motion. The court shall schedule the hearing as soon as
possible after receiving a request.
   { +  (5) After the initial permanency hearing conducted under
subsection (1) or (2) of this section or any permanency hearing
conducted under subsection (3) or (4) of this section, the court
shall conduct subsequent permanency hearings not less frequently
than once every 12 months for as long as the child remains in
substitute care.
  (6) If a child returns to substitute care after a court's
previously established jurisdiction over the child has been
dismissed or terminated, a permanency hearing shall be conducted
no later than 12 months after the child is found within the
jurisdiction of the court on a newly filed petition or 14 months
after the child's most recent placement in substitute care,
whichever is the earlier. + }
  SECTION 8. ORS 419C.080 is amended to read:
  419C.080. (1) A peace officer, or any other person authorized
by the juvenile court of the county in which the youth is found,
may take a youth into custody in the following circumstances:
  (a) When, if the youth were an adult, the youth could be
arrested without a warrant; or
  (b) When the juvenile court, by order indorsed on the summons
as provided in ORS 419C.306 or otherwise, has ordered that the
youth be taken into custody.
   { +  (2) In any order issued under subsection (1)(b) of this
section that may result in a substitute care placement or
detention, the court shall include a written finding describing
why it is in the best interests of the youth to be taken into
custody. + }
    { - (2) - }   { + (3) + } A peace officer or person
authorized by the juvenile court shall take a youth into custody
if the peace officer or person authorized by the juvenile court
has probable cause to believe that the youth, while in or on a
public building or court facility within the last 120 days,
possessed a firearm or destructive device in violation of ORS
166.250, 166.370 or 166.382.
  SECTION 9. ORS 419C.133 is amended to read:
  419C.133. No youth under 12 years of age shall be placed in
detention except pursuant to judicial review { +  and written
findings describing why it is in the best interests of the youth
to be placed in detention + }. Such review may be ex parte, and
the youth does not need to be present. However, a juvenile court
judge or referee must determine that the youth is eligible for
detention under ORS 419C.145 or 419C.156 and that appropriate
alternative methods of controlling the youth's behavior are
unavailable. A youth detained under this section shall have the
right to a hearing as provided in ORS 419C.153.
  SECTION 10. ORS 419C.145 is amended to read:
  419C.145. (1) A youth may be held or placed in detention before
adjudication on the merits if one or more of the following
circumstances exists:
  (a) The youth is a fugitive from another jurisdiction;
  (b) The youth is alleged to be within the jurisdiction of the
court under ORS 419C.005, by having committed or attempted to
commit an offense which, if committed by an adult, would be
chargeable as:
 
 
Enrolled Senate Bill 419 (SB 419-B)                        Page 6
 
 
 
  (A) A crime involving infliction of physical injury to another
person; or
  (B) Any felony crime;
  (c) The youth has willfully failed to appear at one or more
juvenile court proceedings by having disobeyed a proper summons,
citation or subpoena;
  (d) The youth is currently on probation imposed as a
consequence of the youth previously having been found to be
within the jurisdiction of the court under ORS 419C.005, and
there is probable cause to believe the youth has violated one or
more of the conditions of that probation;
  (e) The youth is subject to conditions of release pending or
following adjudication of a petition alleging that the youth is
within the jurisdiction of the court pursuant to ORS 419C.005 and
there is probable cause to believe the youth has violated a
condition of release; or
  (f) The youth is alleged to be in possession of a firearm in
violation of ORS 166.250.
  (2) A youth detained under subsection (1) of this section must
be released to the custody of a parent or other responsible
person, released upon the youth's own recognizance or placed in
shelter care unless the court or its authorized representative
  { - finds - }   { + makes written findings + } that there is
probable cause to believe that the youth may be detained under
subsection (1) of this section,  { + that describe why it is in
the best interests of the youth to be placed in detention + } and
that one or more of the following circumstances are present:
  (a) No means less restrictive of the youth's liberty gives
reasonable assurance that the youth will attend the adjudicative
hearing; or
  (b) The youth's behavior endangers the physical welfare of the
youth or another person, or endangers the community.
  (3) When a youth is ordered held or placed in detention, the
court or its authorized representative shall state in writing the
basis for its detention decision and a finding   { - that - }
 { + describing why + } it is   { - contrary to the welfare of
the youth and community for the youth to be released to the
custody of the youth's parent or some other responsible adult - }
 { +  in the best interests of the youth to be placed in
detention + }. The youth shall have the opportunity to rebut
evidence received by the court and to present evidence at the
hearing.
  (4) In determining whether release is appropriate under
subsection (2) of this section, the court or its authorized
representative shall consider the following:
  (a) The nature and extent of the youth's family relationships
and the youth's relationships with other responsible adults in
the community;
  (b) The youth's previous record of referrals to juvenile court
and recent demonstrable conduct;
  (c) The youth's past and present residence;
  (d) The youth's education status and school attendance record;
  (e) The youth's past and present employment;
  (f) The youth's previous record regarding appearance in court;
  (g) The nature of the charges against the youth and any
mitigating or aggravating factors;
  (h) The youth's mental health; and
  (i) Any other facts relevant to the likelihood of the youth's
appearance in court or likelihood that the youth will comply with
the law and other conditions of release.
 
 
Enrolled Senate Bill 419 (SB 419-B)                        Page 7
 
 
 
  SECTION 11. ORS 419C.156 is amended to read:
  419C.156. Notwithstanding ORS 419C.145 (1) and (2), the court
may order the detention of a youth who resides in another state
if the court   { - finds - }   { + makes written findings that
there is + } probable cause to believe that the youth has run
away from home or from a placement { +  and that describe why it
is in the best interests of the youth to be placed in
detention + }. If a youth is ordered detained under this section,
the court shall make such orders as are necessary to cause the
youth to be immediately returned to the youth's state of
residence.
  SECTION 12. ORS 419C.306 is amended to read:
  419C.306. (1) The summons shall require the person or persons
who have physical custody of the youth to appear personally and
bring the youth before the court at the time and place stated in
the summons. The time for the hearing on the petition shall be
fixed at a reasonable time, not less than 24 hours, after the
issuance of the summons. If it appears to the court that the
welfare of the youth or of the public requires that the youth
immediately be taken into custody, the court may indorse an order
on the summons  { + as provided in ORS 419C.080 (2) + } directing
the officer serving it to take the youth into custody.
  (2)(a) Summons shall be issued to the legal parents of the
youth, without regard to who has legal or physical custody of the
youth, and to the legal guardians, if any, of the youth.
  (b) Parents or guardians summoned pursuant to paragraph (a) of
this subsection shall appear personally pursuant to the summons.
Following the initial appearance, parents or guardians shall
appear as directed by the court.
  (c) An employer may not discharge, threaten to discharge,
intimidate or coerce any employee by reason of the employee's
attendance at a juvenile court hearing as required under
paragraph (a) of this subsection.
  (d) This subsection shall not be construed to alter or affect
an employer's policies or agreements with employees concerning
employees' wages during times when an employee attends a juvenile
court hearing under paragraph (a) of this subsection.
  (3) If the youth is 12 years of age or older, a certified copy
of the summons shall be served upon the youth.
  (4) Summons may be issued requiring the appearance of any
person whose presence the court deems necessary. When a summons
is issued to a youth pursuant to a petition alleging jurisdiction
under ORS 419C.005, a copy of the summons shall be mailed to all
victims whose names appear on the petition pursuant to ORS
419C.255 (2). The copy of the summons shall be accompanied by a
notice that the victim may be present for the youth's appearance
before the court and is entitled to request and receive
notification of future hearings before the court in regard to the
particular case. The copy of the summons shall also be
accompanied by a notice informing the victim of the provisions of
ORS 30.765.
  SECTION 13. ORS 419C.478 is amended to read:
  419C.478. (1) When a youth has been found to be within the
court's jurisdiction under ORS 419C.005, the court may, in
addition to probation or any other dispositional order, place the
youth offender in the legal custody of the Oregon Youth Authority
for care, placement and supervision or, when authorized under
subsection (3) of this section, place the youth offender in the
legal custody of the State Office for Services to Children and
Families for care, placement and supervision.  { + In any order
 
 
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issued under this section, the court shall include written
findings describing why it is in the best interests of the youth
offender to be placed with the youth authority or the State
Office for Services to Children and Families. + }
  (2) If the court places a youth offender under subsection (1)
of this section, the court may specify the type of care,
supervision or services to be provided by the youth authority or
the State Office for Services to Children and Families to youth
offenders placed in the youth authority's or office's custody and
to the parents or guardians of the youth offenders, but the
actual planning and provision of such care, supervision, security
or services shall be the responsibility of the youth authority or
the State Office for Services to Children and Families. The youth
authority or the office may place the youth offender in a youth
care center or other facility authorized to accept the youth
offender.
  (3) The court may place a youth offender in the legal custody
of the State Office for Services to Children and Families under
subsection (1) of this section if:
  (a) The court has determined that a period of out-of-home
placement and supervision should be part of the disposition in
the case;
  (b) The court finds that, because of the youth offender's
mental or emotional condition, the youth offender:
  (A) Is not amenable to reform and rehabilitation through
participation in the programs provided and administered by the
youth authority; and
  (B) Is amenable to reform and rehabilitation through
participation in the programs provided and administered by the
State Office for Services to Children and Families;
  (c) The court finds that the State Office for Services to
Children and Families can provide adequate security to protect
the community and the youth offender;
  (d) The court provides for periodic review of the placement;
and
  (e) The court, in making the findings and determinations
required by this subsection, has considered the relevant facts
and circumstances of the case, as provided in ORS 419C.411.
  (4) Uniform commitment blanks, in a form approved by the
director of the youth authority, or by the Assistant Director for
Services to Children and Families for placements under subsection
(3) of this section, shall be used by all courts for placing
youth offenders in the legal custody of the youth authority or
the State Office for Services to Children and Families.
  (5) If the youth offender has been placed in the custody of the
youth authority or the State Office for Services to Children and
Families, the court shall make no commitment directly to any
residential facility, but shall cause the youth offender to be
delivered into the custody of the youth authority or the State
Office for Services to Children and Families at the time and
place fixed by rules of the youth authority or the office. No
youth offender so committed shall be placed in a Department of
Corrections institution.
  SECTION 14. ORS 419B.340 is amended to read:
  419B.340. (1) If the court awards custody to the State Office
for Services to Children and Families, the disposition order
shall include a determination whether the office has made
reasonable efforts or, if the Indian Child Welfare Act applies,
active efforts to prevent or eliminate the need for removal of
the child from the home. If the child has been removed prior to
 
 
Enrolled Senate Bill 419 (SB 419-B)                        Page 9
 
 
 
the entry of the order, the order shall also include a
determination whether the office has made reasonable or active
efforts to make it possible for the child to safely return home.
In making the determination under this subsection, the court
shall consider the child's health and safety the paramount
concerns.
  (2) In support of its determination whether reasonable or
active efforts have been made by the office, the court shall
enter a brief description of what preventive and reunification
efforts were made and why further efforts could or could not have
prevented or shortened the separation of the family.
  (3) Where the first contact with the family has occurred during
an emergency in which the child could not remain without jeopardy
at home even with reasonable services being provided, the office
shall be considered to have made reasonable or active efforts to
prevent or eliminate the need for removal.
  (4) Where the court finds that preventive or reunification
efforts have not been reasonable or active, but further
preventive or reunification efforts could not permit the child to
remain without jeopardy at home, the court may authorize or
continue the removal of the child.
  (5) If a court determines that one of the following
circumstances exist, the juvenile court may make a finding that
the office is not required to make reasonable efforts to make it
possible for the child to safely return home:
  (a) Aggravated circumstances including, but not limited to, the
following:
  (A) The parent by abuse or neglect has caused the death of any
child;
  (B) The parent has attempted, solicited or conspired, as
described in ORS 161.405, 161.435 or 161.450 or under comparable
laws of any jurisdiction, to cause the death of any child;
  (C) The parent by abuse or neglect has caused serious physical
injury to any child;
  (D) The parent has subjected any child to rape, sodomy or
sexual abuse;
  (E) The parent has subjected any child to intentional
starvation or torture;
  (F) The parent has abandoned the child as described in ORS
419B.100 (1)(e); or
  (G) The parent has unlawfully caused the death of the other
parent of the child;
  (b) The parent has been convicted in any jurisdiction of one of
the following crimes:
  (A) Murder of another child of the parent, which murder would
have been an offense under 18 U.S.C. 1111(a);
  (B) Manslaughter in any degree of another child of the parent,
which manslaughter would have been an offense under 18 U.S.C.
 { - 1111(a) - }  { +  1112(a) + };
  (C) Aiding, abetting, attempting, conspiring or soliciting to
commit an offense described in subparagraph (A) or (B) of this
paragraph; or
  (D) Felony assault that results in serious physical injury to
the child or another child of the parent; or
  (c) The parent's rights to another child have been terminated
involuntarily.
  (6) If, pursuant to a determination under subsection (5) of
this section, the juvenile court makes a finding that the office
is not required to make reasonable efforts to prevent or
eliminate the need for removal of the child from the home or to
 
 
Enrolled Senate Bill 419 (SB 419-B)                       Page 10
 
 
 
make it possible for the child to safely return home, and the
office determines that it will not make such efforts, the court
shall conduct a permanency hearing as provided in ORS 419B.470 no
later than 30 days after the judicial finding under subsection
(5) of this section.
  (7) Where an Indian child is involved, the office must satisfy
the court that active efforts have been made to provide remedial
services and rehabilitative programs designed to prevent the
breakup of the Indian family and that these efforts have proven
unsuccessful. No foster care placement may be ordered in a
proceeding in the absence of a determination, supported by clear
and convincing evidence, including the testimony of expert
witnesses, that the continued custody of the Indian child by the
parent or Indian custodian is likely to result in serious
emotional or physical injury to the Indian child.
  SECTION 15. ORS 419B.343 is amended to read:
  419B.343. (1) To ensure effective planning for children, the
State Office for Services to Children and Families shall take
into consideration recommendations and information provided by
the committing court before placement in any facility. The State
Office for Services to Children and Families shall ensure that
the case planning in any case:
  (a) For the reunification of the family bears a rational
relationship to the jurisdictional findings that brought the
child within the court's jurisdiction under ORS 419B.100;
  (b) Incorporates the perspective of the child and the family
and, whenever possible, allows the family to assist in designing
its own service programs, based on an assessment of the family's
needs and the family's solutions and resources for change; and
  (c) Is integrated with other agencies in cooperation with the
caseworkers.
  (2) Except in cases when the plan is something other than to
reunify the family, the State Office for Services to Children and
Families shall include in the case plan:
  (a) Appropriate services to allow the parent the opportunity to
adjust the parent's circumstances, conduct or conditions to make
 { - return of the child possible - }   { + it possible for the
child to safely return home + } within   { - the - }   { + a
reasonable + } time   { - described in paragraph (b) of this
subsection - } ; and
  (b)   { - An alternate, - }   { + A concurrent + } permanent
plan to be implemented if the parent is unable or unwilling to
adjust the parent's circumstances, conduct or conditions in such
a way as to
  { - allow the return of - }   { + make it possible for + } the
child { +  to safely return home within a reasonable time + }.
 { - A rebuttable presumption is created that it is in the best
interest of the child to implement the alternate, permanent plan
if: - }
    { - (A) The State Office for Services to Children and
Families has made reasonable efforts or, if the Indian Child
Welfare Act applies, active efforts to provide services that
would make return of the child possible; and - }
    { - (B) Twelve months after the date the child was found to
be within the jurisdiction of the court under ORS 419B.100 or 14
months after the child was placed in substitute care, whichever
is the earlier, the child could not be returned to the
parent. - }
  SECTION 16. ORS 419B.476 is amended to read:
 
 
 
Enrolled Senate Bill 419 (SB 419-B)                       Page 11
 
 
 
  419B.476. (1)   { - The - }   { + 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)  { - (a) - }  At a permanency hearing   { - conducted under
ORS 419B.470 (2), if - }   { + the court shall:
  (a) If + } the case plan  { + at the time of the hearing + } is
to reunify the family,   { - the court shall - }  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 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 and the parent has
not made sufficient progress to allow the child to safely return
home, the rebuttable presumption in ORS 419B.343 (2) is created,
unless the time period was extended as provided in ORS 419B.350
(2). - }
    { - (c) A party to a permanency hearing may rebut the
presumption by showing by a preponderance of the evidence that
further efforts will make it possible for the child to safely
return home within a reasonable time. - }
    { - (d) If the presumption is rebutted, the court shall order
an extension for a time certain and specify the services in which
the parents are to participate and the progress that is required
by the end of the extension. - }
    { - (3) If, at a permanency hearing conducted under ORS
419B.470 (2), the court finds that the office has not made
reasonable efforts or, if the Indian Child Welfare Act applies,
active efforts to make it possible for the child to safely return
home, the court shall so state. The court shall extend the period
referred to in ORS 419B.343 (2) by a period of time equal to that
between the prior finding that the office had 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 the current finding that the office has not made reasonable
or active efforts. - }
    { - (4) - }   { + (b) + }   { - At a permanency - }   { + If
the case plan at the time of the + } hearing   { - conducted in
cases in which the case plan - }  is something other than to
reunify the family,   { - the court shall - } 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
 
 
Enrolled Senate Bill 419 (SB 419-B)                       Page 12
 
 
 
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. + }
    { - (5) - }   { + (4) + } The court shall enter an order
within 20 days after the permanency hearing.   { - When the child
is in substitute care, - }   { + 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) - }   { + (A) + } The child will be returned to the
parent;
    { - (b) - }   { + (B) + } The child will be placed for
adoption, and a petition for termination of parental rights will
be filed;
    { - (c) - }   { + (C) + } The child will be referred for
establishment of legal guardianship; or
    { - (d) - }   { + (D) + } The child will be placed in another
planned permanent living arrangement { + ; + }   { - if the State
Office for Services to Children and Families has documented a
compelling reason that it would not be in the best interests of
the child to be: - }
    { - (A) Returned home; - }
    { - (B) Placed for adoption, and a petition for termination
of parental rights to be filed; - }
    { - (C) Placed with a fit and willing relative; or - }
    { - (D) Placed with a legal guardian. - }
    { - (6) In making the determination under subsection (5)(b)
of this section, the court shall determine whether one of the
circumstances in ORS 419B.498 (2) is applicable to the case. - }
    { - (7) The court shall also include the tribal affiliation
of the child in the order if the family has indicated there is
Indian ancestry. - }
 
 
Enrolled Senate Bill 419 (SB 419-B)                       Page 13
 
 
 
   { +  (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; + }
    { - (8) - }   { + (e) + } If the court determines that the
 { + permanency plan for the + } child   { - shall be referred
for - }   { + should be + } establishment of  { + a + } legal
guardianship  { - , placed - }   { + or placement + } with a fit
and willing relative   { - or placed in another planned permanent
living arrangement, the court shall enter written findings
specifying - }  { + , 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 shall specify a - }   { + 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   { - State Office for Services to
Children and Families - }   { + office + } shall promptly notify
the court and parties  { - . If an Indian child is involved, the
placement preference under the Indian Child Welfare Act shall be
followed. - }  { + ; or
  (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. + }
    { - (9) In the course of the permanency 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 office to develop or expand a case plan,
concurrent 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 child prior to its next review under ORS 419A.106,
419A.108, 419A.110, 419A.112, 419A.116 and 419A.118; - }
    { - (d) Order the office or other agency directly responsible
for the child to modify the care, placement and supervision of
the child; and - }
    { - (e) Review efforts made to develop the concurrent case
plan including, but not limited to, identification and selection
of a suitable adoptive placement for the child. - }
    { - (10) - }   { + (6) + } Any decision of the court made
pursuant to the permanency hearing shall be a final order for the
purposes of ORS 419A.200.
 
 
Enrolled Senate Bill 419 (SB 419-B)                       Page 14
 
 
 
  SECTION 17. ORS 419B.498 is amended to read:
  419B.498. (1) Except as provided in subsection (2) of this
section, the State Office for Services to Children and Families
shall  { + simultaneously + } file a petition to terminate the
parental rights of a child's parents   { - or, if such a petition
has been filed by another party, seek to be joined as a party to
the petition and, concurrently, to - }   { + and + } identify,
recruit, process and approve a qualified family for adoption
if { +  the child is in the custody of the office and + }:
  (a) The child has been in substitute care under the
responsibility of the office for 15 months of the most recent 22
months;
  (b)   { - A court of competent jurisdiction has determined that
the parent has committed - }   { + A parent has been convicted
of + } murder of another child of the parent,   { - committed - }
voluntary manslaughter of another child of the parent,
 { - aided or abetted, attempted, conspired or solicited - }
 { + aiding, abetting, attempting, conspiring or soliciting + }
to commit murder or voluntary manslaughter of  { + the child or
of + } another child of the parent or   { - committed - }  felony
assault that has resulted in serious   { - bodily - }
 { + physical + } injury to the child or to another child of the
parent; or
  (c) A court of competent jurisdiction has determined that the
child is an abandoned child.
  (2) The office shall file a petition to terminate the parental
rights of a parent   { - or seek to be joined as a party to such
a petition filed by another party - }  in the circumstances
described in subsection (1) of this section unless:
  (a)   { - At the option of the office, - }  The child is being
cared for by a relative { +  and that placement is intended to be
permanent + };
  (b)   { - The office has documented in the case plan, which
shall be available for court review, - }   { + There is + } a
compelling reason { + , which is documented in the case plan, + }
for determining that filing such a petition would not be in the
best interests of the child.  Such compelling reasons include,
but are not limited to:
  (A) The parent is successfully   { - working to complete a plan
under ORS 419B.476 (2)(d) - }   { + participating in services
that will make it possible for the child to safely return home
within a reasonable time as provided in ORS 419B.476 (4)(c) + };
 { - or - }
  (B) Another permanent plan is better suited to meet the health
and safety needs of the child; or
   { +  (C) The court or local citizen review board in a prior
hearing or review determined that while the case plan was to
reunify the family the office did not make reasonable efforts or,
if the Indian Child Welfare Act applies, active efforts to make
it possible for the child to safely return home; or + }
  (c) The office has not provided to the family of the child,
consistent with the time period in the   { - office - }  case
plan, such services as the office deems necessary for the
 { - safe return of the child to the child's home - }  { +  child
to safely return home + }, if reasonable efforts to make it
possible for the child to safely return home are required to be
made with respect to the child.
  SECTION 18. ORS 417.375 is amended to read:
  417.375. (1) If the State Office for Services to Children and
Families conducts a family decision-making meeting under ORS
 
 
Enrolled Senate Bill 419 (SB 419-B)                       Page 15
 
 
 
417.365 to 417.375, the meeting shall result in the development
of a written family plan that may include a primary permanent
plan, concurrent  { + permanent + } plan, placement
recommendations and service recommendations. The family plan or
service agreement shall also include:
  (a) The expectations of the parents of the child and other
family members;
  (b) Services the office will provide;
  (c) Timelines for implementation of the plan;
  (d) The benefits of compliance with the plan;
  (e) The consequences of noncompliance with the plan; and
  (f) A schedule of subsequent meetings, if appropriate.
  (2) Any family member participating in a family decision-making
meeting shall sign a written acknowledgment of the content of the
family plan developed at the family decision-making meeting and
their attendance at the meeting.
  (3) The office shall incorporate the family plan developed at
the family decision-making meeting into the office's service plan
for the child to the extent that the family plan protects the
child, builds on family strengths and is focused on achieving
permanency for the child within a reasonable time.
  (4) If the family plan is not incorporated in the office's
service plan for the child, the office shall document the reasons
in the service plan.
  (5) The office shall send a copy of the family plan to the
family participants, including those family members who
participated in writing pursuant to ORS 417.371 (3), no later
than 21 days after the conclusion of the family decision-making
meeting.
  SECTION 19. ORS 419A.106 is amended to read:
  419A.106. (1) Except for cases removed from review under
procedures established under ORS 419A.098, the local citizen
review board shall review the case of each child in substitute
care which is assigned by the court. The following provisions
apply:
  (a) The review shall take place at times set by the board, the
first review to be no more than six months after the child is
placed in substitute care and subsequent reviews to take place no
less frequently than once every six months thereafter until the
child is no longer within the jurisdiction of the court, no
longer in substitute care or until an adoption proceeding becomes
final.
  (b) The court, by rule of the court or on an individual case
basis, may relieve the local citizen review board of its
responsibility to review a case if a complete judicial review has
taken place within 60 days prior to the next scheduled board
review.  { + A complete judicial review is a hearing that results
in a written order that contains the findings required under ORS
419B.476 or includes substantially the same findings as are
required under ORS 419A.116. + }
  (c) The court shall notify the local citizen review board of a
denial of a petition to terminate parental rights within 10 days
of the denial. As soon as practical but no later than 45 days
after the denial, the board shall review any case where a
petition to terminate parental rights has been denied.
  (2) The local citizen review board may hold joint or separate
reviews for groups of siblings.
  SECTION 19a. If House Bill 2391 becomes law, ORS 419A.106, as
amended by section 19 of this 2001 Act, is amended to read:
 
 
 
Enrolled Senate Bill 419 (SB 419-B)                       Page 16
 
 
 
  419A.106. (1) Except for cases removed from review under
procedures established under ORS 419A.098, the local citizen
review board shall review the case of each child in substitute
care which is assigned by the court. The following provisions
apply:
  (a) The review shall take place at times set by the board, the
first review to be no more than six months after the child is
placed in substitute care and subsequent reviews to take place no
less frequently than once every six months thereafter until the
child is no longer within the jurisdiction of the court, no
longer in substitute care or until an adoption proceeding becomes
final.
  (b) The court, by rule of the court or on an individual case
basis, may relieve the local citizen review board of its
responsibility to review a case if a complete judicial review has
taken place within 60 days prior to the next scheduled board
review. A complete judicial review is a hearing that results in a
written order that contains the findings required under ORS
419B.476 or includes substantially the same findings as are
required under ORS 419A.116.
  (c) The court shall notify the local citizen review board of a
denial of a petition to terminate parental rights within 10 days
of the denial. As soon as practical but no later than 45 days
after the denial, the board shall review any case where a
petition to terminate parental rights has been denied.
  (2) The local citizen review board may hold joint or separate
reviews for groups of siblings.
   { +  (3) At any review conducted under this section or at a
court hearing conducted in lieu of that review, the court or
local citizen review board shall inquire of those present as to
the parent's current address and telephone numbers and, if the
parent has a contact person, the name, current address and
telephone number of the contact person. When appropriate, the
court may enter a protective order limiting disclosure of
information obtained under this subsection. + }
  SECTION 20. ORS 419A.116 is amended to read:
  419A.116.  { + (1) + } After reviewing each case, the local
citizen review board shall   { - prepare - }   { + make + }
written findings and recommendations with respect to:
    { - (1) - }   { + (a) + } Whether reasonable efforts were
made prior to the placement, to prevent or eliminate the need for
removal of the child from the   { - home, and to make it possible
for the child to be returned - }  home;
   { +  (b) If the case plan at the time of the review is to
reunify the family, 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;
  (c) If the case plan at the time of the review is something
other than to reunify the family, whether the office has made
reasonable efforts to place the child in a timely manner in
accordance with the case plan and to complete the steps necessary
to finalize the permanent placement of the child; + }
    { - (2) - }   { + (d) + } The continuing need for and
appropriateness of the placement;
    { - (3) - }   { + (e) + } Compliance with the case plan;
    { - (4) - }   { + (f) + } The progress which has been made
toward alleviating the need for placement;
 
 
Enrolled Senate Bill 419 (SB 419-B)                       Page 17
 
 
 
    { - (5) - }   { + (g) + } A likely date by which the child
may be returned home or placed for adoption;
    { - (6) - }   { + (h) + } Other problems, solutions or
alternatives the board determines should be explored; and
    { - (7) - }   { + (i) + } Whether the court should appoint an
attorney or other person as special advocate to represent or
appear on behalf of the child under ORS 419B.195.
   { +  (2) The local citizen review board may, if the case plan
has changed during the period since the last review by a local
citizen review board or court hearing, make written findings and
recommendations with respect to:
  (a) 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, if a plan to reunify the family was in effect for
any part of the period since the last review or hearing; or
  (b) Whether the office has made reasonable efforts to place the
child in a timely manner in accordance with the case plan and
complete the steps necessary to finalize the permanent placement
of the child, if a case plan other than to reunify the family was
in effect for any part of the period since the last review or
hearing.
  (3) In determining 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, the local citizen
review board shall consider the child's health and safety the
paramount concerns.
  (4) No later than 10 days after receiving the findings and
recommendations of the local citizen review board, a party
adversely affected by the findings and recommendations may
request judicial review. + }
  SECTION 21. ORS 419B.090 is amended to read:
  419B.090. (1) The juvenile court is a court of record and
exercises jurisdiction as a court of general and equitable
jurisdiction and not as a court of limited or inferior
jurisdiction. The juvenile court is called 'The ______ Court of
______ County, Juvenile Department.  '
  (2)(a) It is the policy of the State of Oregon to recognize
that children are individuals who have legal rights. Among those
rights are the right to:
  (A) Permanency with a safe family;
  (B) Freedom from physical, sexual or emotional abuse or
exploitation; and
  (C) Freedom from substantial neglect of basic needs.
  (b) Parents and guardians have a duty to afford their children
the rights listed in paragraph (a) of this subsection.  Parents
and guardians have a duty to remove any impediment to their
ability to perform parental duties that afford these rights to
their children. When a parent or guardian fails to fulfill these
duties, the juvenile court may determine that it is in the best
interests of the child to remove the child from the parent or
guardian either temporarily or permanently.
  (c) The provisions of this chapter shall be liberally construed
to the end that a child coming within the jurisdiction of the
court may receive such care, guidance, treatment and control as
will lead to the child's welfare and the protection of the
community.
 
 
Enrolled Senate Bill 419 (SB 419-B)                       Page 18
 
 
 
  (3) It is the policy of the State of Oregon to guard the
liberty interest of parents protected by the Fourteenth Amendment
to the United States Constitution and to protect the rights and
interests of children, as provided in subsection (2) of this
section. The provisions of this chapter shall be construed and
applied in compliance with federal constitutional limitations on
state action established by the United States Supreme Court with
respect to interference with the rights of parents to direct the
upbringing of their children, including, but not limited to:
  (a) Guide the secular and religious education of their
children;
  (b) Make health care decisions for their children; and
  (c) Discipline their children.
  (4) It is the policy of the State of Oregon, in those cases not
described as extreme conduct under ORS 419B.502, to offer
appropriate reunification services to parents and guardians to
allow them the opportunity to adjust their circumstances, conduct
or conditions to make   { - return of the child possible - }
 { + it possible for the child to safely return home + } within a
reasonable time.  Although there is a strong preference that
children live in their own homes with their own families, the
state recognizes that it is not always possible or in the best
interests of the child or the public for children who have been
abused or neglected to be reunited with their parents or
guardians. In those cases, the State of Oregon has the obligation
to create or provide an alternative, safe and permanent home for
the child.
  (5) The State of Oregon recognizes the value of the Indian
Child Welfare Act, 25 U.S.C. 1901 to 1923, and hereby
incorporates the policies of that Act.
  SECTION 22. ORS 419B.443 is amended to read:
  419B.443. (1) The reports required by ORS 419B.440 (2) and (3)
shall be filed by the agency at the end of the initial six-month
period and no less frequently than each six months thereafter.
The agency shall file reports more frequently if the court so
orders. The reports shall include, but not be limited to:
  (a) A description of the problems or offenses which
necessitated the placement of the child with the agency;
  (b) A description of the type and an analysis of the
effectiveness of the care, treatment and supervision that the
agency has provided for the child, together with a list of all
placements made since the child has been in the guardianship or
legal custody of an agency and the length of time the child has
spent in each placement;
  (c) A description of agency efforts to return the child to the
parental home or find permanent placement for the child,
including, where applicable, efforts to assist the parents in
remedying factors which contributed to the removal of the child
from the home;
  (d) A proposed treatment plan or proposed continuation or
modification of an existing treatment plan, including, where
applicable, terms of visitation to be allowed and expected of
parents and a description of efforts expected of the child and
the parents to remedy factors which have prevented the
 { - return of the child to the parental home - }  { +  child to
safely return home within a reasonable time + }; and
  (e) If continued substitute care is recommended, a proposed
timetable for the child's return home or other permanent
placement or a justification of why extended substitute care is
necessary.
 
 
Enrolled Senate Bill 419 (SB 419-B)                       Page 19
 
 
 
  (2) Notwithstanding the requirements of subsection (1) of this
section, reports following the initial report need not contain
information contained in prior reports.
  SECTION 23. ORS 419B.502 is amended to read:
  419B.502. The rights of the parent or parents may be terminated
as provided in ORS 419B.500 if the court finds that the parent or
parents are unfit by reason of a single or recurrent incident of
extreme conduct toward the child or another child. In such case,
no efforts need to be made by available social agencies to help
the parent adjust the conduct in order to make   { - the return
of the child possible - }  { +  it possible for the child to
safely return home within a reasonable amount of time + }. In
determining extreme conduct, the court shall consider the
following:
  (1) Rape, sodomy or sex abuse of any child by the parent.
  (2) Intentional starvation or torture of any child by the
parent.
  (3) Abuse or neglect by the parent of any child resulting in
death or serious physical injury.
  (4) Conduct by the parent to aid or abet another person who, by
abuse or neglect, caused the death of any child.
  (5) Conduct by the parent to attempt, solicit or conspire, as
described in ORS 161.405, 161.435 or 161.450 or under comparable
laws of any jurisdiction, to cause the death of any child.
  (6) Previous involuntary terminations of the parent's rights to
another child if the conditions giving rise to the previous
action have not been ameliorated.
  SECTION 24. ORS 419B.504 is amended to read:
  419B.504. The rights of the parent or parents may be terminated
as provided in ORS 419B.500 if the court finds that the parent or
parents are unfit by reason of conduct or condition seriously
detrimental to the child and integration of the child into the
home of the parent or parents is improbable within a reasonable
time due to conduct or conditions not likely to change.  In
determining such conduct and conditions, the court shall consider
but is not limited to the following:
  (1) Emotional illness, mental illness or mental deficiency of
the parent of such nature and duration as to render the parent
incapable of providing proper care for the child for extended
periods of time.
  (2) Conduct toward any child of an abusive, cruel or sexual
nature.
  (3) Addictive or habitual use of intoxicating liquors or
controlled substances to the extent that parental ability has
been substantially impaired.
  (4) Physical neglect of the child.
  (5) Lack of effort of the parent to adjust the circumstances of
the parent, conduct, or conditions to make   { - the return of
the child possible - }   { + it possible for the child to safely
return home within a reasonable time + } or failure of the parent
to effect a lasting adjustment after reasonable efforts by
available social agencies for such extended duration of time that
it appears reasonable that no lasting adjustment can be effected.
  (6) Criminal conduct that impairs the parent's ability to
provide adequate care for the child.
  SECTION 25.  { + ORS 419B.350 is repealed. + }
  SECTION 25a.  { + If House Bill 2391 becomes law, section 1,
chapter 360, Oregon Laws 2001 (Enrolled House Bill 2391)
(amending ORS 419B.350), is repealed. + }
 
 
 
Enrolled Senate Bill 419 (SB 419-B)                       Page 20
 
 
 
  SECTION 26.  { + (1) To protect the health and safety of
children who are in the custody of the State Office for Services
to Children and Families and who may be placed in a foster home
or adoptive home or with a relative caregiver, the office shall
adopt rules pursuant to ORS 181.537 and ORS chapter 418 to
require that criminal records checks be conducted on:
  (a) All persons who seek to be foster parents, adoptive parents
or relative caregivers; and
  (b) Other individuals over 18 years of age who will be in the
household of the foster parent, adoptive parent or relative
caregiver.
  (2) Rules adopted under subsection (1) of this section shall
include:
  (a) A list of crimes for which a conviction disqualifies a
person from becoming a foster parent, adoptive parent or relative
caregiver;
  (b) A requirement that persons who have been convicted of
crimes listed in the rules are disqualified from becoming a
foster parent, adoptive parent or relative caregiver; and
  (c) A provision that the office may approve a person who has
been convicted of certain crimes listed in the rules if the
person demonstrates to the office that:
  (A) The person possesses the qualifications to be a foster
parent or adoptive parent regardless of having been convicted of
a listed crime; or
  (B) The disqualification would create emotional harm to the
child for whom the person is seeking to become a foster parent,
adoptive parent or relative caregiver and placement of the child
with the person would be a safe placement that is in the best
interests of the child.
  (3) In accordance with 42 U.S.C. 671(a)(20)(B), the Legislative
Assembly elects to make the provisions related to criminal
records checks set forth in 42 U.S.C. 671(a)(20)(A) inapplicable
to this state. + }
  SECTION 27.  { + 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. + }
                         ----------
 
 
Passed by Senate May 9, 2001
 
Repassed by Senate June 15, 2001
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House June 12, 2001
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
Enrolled Senate Bill 419 (SB 419-B)                       Page 21
 
 
 
 
 
Received by Governor:
 
......M.,............., 2001
 
Approved:
 
......M.,............., 2001
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2001
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 419 (SB 419-B)                       Page 22