Chapter 544 Oregon Laws 2003

AN ACT

SB 808

Relating to juveniles; amending ORS 419B.343, 419B.476 and 419B.498.

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

SECTION 1. ORS 419B.476 is amended to read:

419B.476. (1) A permanency hearing shall be conducted in the manner provided in ORS 418.312, 419B.310, 419B.812 to 419B.839 and 419B.908, 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 Department of Human Services 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 department 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)(a) In the circumstances described in paragraph (b) of this subsection, in addition to making the determination required by subsection (2)(a) or (b) of this section, at a permanency hearing the court shall review the comprehensive plan for the child’s transition to independent living and determine and make findings as to:

(A) Whether the plan is adequate to ensure the child’s successful transition to independent living;

(B) Whether the department has offered appropriate services pursuant to the plan; and

(C) Whether the department has involved the child in the development of the plan.

(b) The requirements of paragraph (a) of this subsection apply when:

(A) The child is 16 years of age or older; or

(B) The child is 14 years of age or older and there is a comprehensive plan for the child’s transition to independent living.

[(3)] (4) 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 department 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 department 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 department 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 department 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 department 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)] (5) The court shall enter an order within 20 days after the permanency hearing. In addition to any determinations or orders the court may make under subsection [(3)] (4) of this section, the order shall include:

(a) The court’s determination required under [subsection (2)] subsections (2) and (3) of this section, including a brief description of the efforts the department 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;

(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 department, 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 department shall promptly notify the court and parties; and

(h) If an Indian child is involved, the tribal affiliation of the child.

[(5)] (6) If an Indian child is involved, the court shall follow the placement preference established by the Indian Child Welfare Act.

[(6)] (7) 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 department 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 1a. If Senate Bill 69 becomes law, section 1 of this 2003 Act (amending ORS 419B.476) is repealed and ORS 419B.476, as amended by section 81, chapter 396, Oregon Laws 2003 (Enrolled Senate Bill 69), is amended to read:

(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 Department of Human Services has made reasonable efforts or, if the Indian Child Welfare Act applies, active efforts to make it possible for the [child or] ward to safely return home and whether the parent has made sufficient progress to make it possible for the [child or] ward to safely return home. In making its determination, the court shall consider the [child or] ward’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 department has made reasonable efforts to place the [child or] ward in a timely manner in accordance with the plan and to complete the steps necessary to finalize the permanent placement.

(3)(a) In the circumstances described in paragraph (b) of this subsection, in addition to making the determination required by subsection (2)(a) or (b) of this section, at a permanency hearing the court shall review the comprehensive plan for the ward’s transition to independent living and determine and make findings as to:

(A) Whether the plan is adequate to ensure the ward’s successful transition to independent living;

(B) Whether the department has offered appropriate services pursuant to the plan; and

(C) Whether the department has involved the ward in the development of the plan.

(b) The requirements of paragraph (a) of this subsection apply when:

(A) The ward is 16 years of age or older; or

(B) The ward is 14 years of age or older and there is a comprehensive plan for the ward’s transition to independent living.

[(3)] (4) 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 department has made reasonable efforts or, if the Indian Child Welfare Act applies, active efforts to make it possible for the [child or] ward to safely return home. In making its determination, the court shall consider the [child or] ward’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 department has made reasonable efforts to place the [child or] ward in a timely manner in accordance with the plan and to complete the steps necessary to finalize the permanent placement;

(c) If the court determines that further efforts will make it possible for the [child or] ward 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 department to develop the concurrent permanent plan, including but not limited to, identification and selection of a suitable adoptive placement for the [child or] ward;

(f) Order the department 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 department or agency to modify the care, placement and supervision of the [child or] ward;

(h) Order the local citizen review board to review the status of the [child or] ward prior to the next court hearing; or

(i) Set another court hearing at a later date.

(b) The court’s determination of the permanency plan for the [child or] ward that includes whether and, if applicable, when:

(A) The [child or] ward will be returned to the parent;

(B) The [child or] ward will be placed for adoption, and a petition for termination of parental rights will be filed;

(D) The [child or] ward will be placed in another planned permanent living arrangement;

(c) If the court determines that the permanency plan for the [child or] ward should be to return home because further efforts will make it possible for the [child or] ward 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 or] ward 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 or] ward 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 or] ward should be a planned permanent living arrangement, the court’s determination of a compelling reason, that must be documented by the department, why it would not be in the best interests of the [child or] ward to be returned home, placed for adoption, placed with a legal guardian or placed with a fit and willing relative;

(h) If an Indian child is involved, the tribal affiliation of the [child or] ward.

[(5)] (6) If an Indian child is involved, the court shall follow the placement preference established by the Indian Child Welfare Act.

[(6)] (7) 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 department is not required to make reasonable efforts to make it possible for the [child or] ward to safely return home is an interlocutory order to which a party may assign error.

SECTION 2. ORS 419B.498 is amended to read:

419B.498. (1) Except as provided in subsection (2) of this section, the Department of Human Services shall simultaneously file a petition to terminate the parental rights of a child’s parents and identify, recruit, process and approve a qualified family for adoption if the child is in the custody of the department and:

(a) The child has been in substitute care under the responsibility of the department for 15 months of the most recent 22 months;

(b) A parent has been convicted of murder of another child of the parent, voluntary manslaughter of another child of the parent, aiding, abetting, attempting, conspiring or soliciting to commit murder or voluntary manslaughter of the child or of another child of the parent or felony assault that has resulted in serious physical injury to the child or to another child of the parent; or

(2) The department shall file a petition to terminate the parental rights of a parent in the circumstances described in subsection (1) of this section unless:

(a) The child is being cared for by a relative and that placement is intended to be permanent;

(b) 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 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)] (5)(c);

(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 department 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 department has not provided to the family of the child, consistent with the time period in the case plan, such services as the department deems necessary for the 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 3. ORS 419B.343 is amended to read:

419B.343. (1) To ensure effective planning for children, the Department of Human Services shall take into consideration recommendations and information provided by the committing court before placement in any facility. The department 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

(2) Except in cases when the plan is something other than to reunify the family, the department 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 it possible for the child to safely return home within a reasonable time; and

(b) 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 make it possible for the child to safely return home within a reasonable time.

(3) Any time after a child attains 14 years of age, if the department determines that it is appropriate, but in no case later than the date the child attains 16 years of age, the department shall ensure that the case planning in the case addresses the child’s needs and goals for a successful transition to independent living, including needs and goals related to housing, physical and mental health, education, employment, community connections and supportive relationships.

SECTION 3a. If Senate Bill 69 becomes law, section 3 of this 2003 Act (amending ORS 419B.343) is repealed and ORS 419B.343, as amended by section 59, chapter 396, Oregon Laws 2003 (Enrolled Senate Bill 69), is amended to read:

419B.343. (1) To ensure effective planning for wards, the Department of Human Services shall take into consideration recommendations and information provided by the committing court before placement in any facility. The department 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 ward within the court’s jurisdiction under ORS 419B.100;

(b) Incorporates the perspective of the ward 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

(2) Except in cases when the plan is something other than to reunify the family, the department 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 it possible for the ward to safely return home within a reasonable time; and

(b) 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 make it possible for the ward to safely return home within a reasonable time.

(3) Any time after a ward attains 14 years of age, if the department determines that it is appropriate, but in no case later than the date the ward attains 16 years of age, the department shall ensure that the case planning in the case addresses the ward’s needs and goals for a successful transition to independent living, including needs and goals related to housing, physical and mental health, education, employment, community connections and supportive relationships.

Approved by the Governor July 3, 2003

Filed in the office of Secretary of State July 3, 2003

Effective date January 1, 2004

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