72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 402-1
 
                         Senate Bill 68
 
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 Joint Interim Committee on
  Judiciary for Oregon Law Commission)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Corrects references to repealed statutes.
 
                        A BILL FOR AN ACT
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 nonrelated 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;
  (c) Intervention aids the court in carrying out the purposes of
this chapter;
  (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 + }.
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