Chapter 315 Oregon Laws 2003

AN ACT

SB 68

Relating to juvenile dependency proceedings; amending ORS 419B.116 and 419B.389.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 419B.389 is amended to read:

419B.389. A parent who believes or claims that financial, health or other problems will prevent or delay the parent’s compliance with an order of the court must inform the court of the relevant circumstances as soon as reasonably possible and, if appropriate, seek relief from the order under ORS [419B.420] 419B.923.

SECTION 2. ORS 419B.116 is amended to read:

419B.116. (1)(a) As used in this section, “caregiver relationship” means a relationship between a person and a child:

(A) That has existed:

(i) During the year preceding the initiation of the dependency proceeding;

(ii) For at least six months during the dependency proceeding; or

(iii) For half of the child’s life if the child is less than six months of age;

(B) In which the person had physical custody of the child or resided in the same household as the child;

(C) In which the person provided the child on a daily basis with the love, nurturing and other necessities required to meet the child’s psychological and physical needs; and

(D) On which the child depended to meet the child’s needs.

(b) “Caregiver relationship” does not include a relationship between a child and a person who is the no related foster parent of the child unless the relationship continued for a period exceeding 12 months.

(2) A person asserting that the person has a caregiver relationship with a child may file a motion for intervention in a juvenile dependency proceeding.

(3) Filing a motion under subsection (2) of this section is the sole means by which a person may intervene in a juvenile dependency proceeding. An order granting intervention under this section is exclusively for juvenile dependency proceedings and does not confer standing or rights of intervention in any other action. Intervention is not allowed in proceedings under ORS 419B.500.

(4) A motion for intervention must state:

(a) The person’s relationship to the child and the person’s involvement in the child’s life;

(b) The reason that intervention is sought;

(c) How the person’s intervention is in the best interests of the child and aids the court in carrying out the purposes of this chapter;

(d) Why the existing parties cannot adequately present the case; and

(e) What specific relief is being sought.

(5) A person moving to intervene in a case must prove by a preponderance of the evidence that:

(a) A caregiver relationship exists between the person and the child;

(b) The intervention is in the best interests of the child;

(d) The reason for intervention and the specific relief sought are consistent with the best interests of the child; and

(e) The existing parties cannot adequately protect the best interests of the child without the intervention.

(6) If the court finds that the motion for intervention is well founded, the court may grant the intervention or may grant rights of limited participation.

(7)(a) A person granted intervention is a party to the case and, except as provided in paragraphs (b) and (c) of this subsection, may be granted such relief as the court determines to be appropriate and in the best interests of the child.

(b) At any time, a person granted intervention or a person with rights of limited participation may move to be considered a temporary placement or visitation resource for the child.

(c) At any time after a court has determined at a permanency hearing that the permanent plan for the child should be something other than to return home, a person granted intervention may move to be considered the permanent placement resource for the child.

(8) The court may modify or set aside any order granting intervention or limited participation as provided in ORS [419B.420, 419B.423 and 419B.426] 419B.923.

Approved by the Governor June 12, 2003

Filed in the office of Secretary of State June 12, 2003

Effective date January 1, 2004

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