72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
HA to RC to A-Eng. SB 69
LC 1094/SB 69-A2
HOUSE AMENDMENTS TO RESOLVE CONFLICTS TO
A-ENGROSSED SENATE BILL 69
By COMMITTEE ON JUDICIARY
May 22
On page 1 of the printed A-engrossed bill, line 11, after '
419B.806,' insert '419B.851,'.
On page 22, after line 15, insert:
' { + SECTION 34a. + } { + If House Bill 2091 becomes law,
section 34 of this 2003 Act (amending ORS 419A.255) is repealed
and ORS 419A.255, as amended by section 4, chapter ___, Oregon
Laws 2003 (Enrolled House Bill 2091), is amended to read: + }
' 419A.255. (1) The clerk of the court shall keep a record of
each case, including therein the summons and other process, the
petition and all other papers in the nature of pleadings,
motions, orders of the court and other papers filed with the
court, but excluding reports and other material relating to the
{ - child's or youth's - } { + child, ward, youth or youth
offender's + } history and prognosis. The record of the case
shall be withheld from public inspection but { - shall be - }
{ + is + } open to inspection by the child { + , ward, + }
{ - or - } youth { + , youth offender + }, parent, guardian,
court appointed special advocate, surrogate or a person allowed
to intervene in a proceeding involving the child { + , ward + }
{ - or - } youth { + or youth offender + } { - under ORS
109.119 (1) - } , and their attorneys. The attorneys are entitled
to copies of the record of the case.
' (2) Reports and other material relating to the { - child's
or youth's - } { + child, ward, youth or youth offender's + }
history and prognosis are privileged and, except at the request
of the child { + , ward, + } { - or - } youth { + or youth
offender + }, { - shall - } { + may + } not be disclosed
directly or indirectly to anyone other than the judge of the
juvenile court, those acting under the judge's direction, service
providers in the case and the attorneys of record for the
child { + , ward, + } { - or - } youth { + or youth
offender + } or the { - child's or youth's - } { + child,
ward, youth or youth offender's + } parent, guardian, court
appointed special advocate, surrogate or person allowed to
intervene in a proceeding involving the child { + , ward, + }
{ - or - } youth { + or youth offender + } { - under ORS
109.119 (1) - } . Reports and other material relating to a youth
offender's history and prognosis in cases under ORS 419C.005 may
be disclosed to the superintendent of the school district in
which the youth offender resides. The service providers in the
case, school superintendents and attorneys are entitled to
examine and obtain copies of any reports or other material
relating to the { - child's or youth's - } { + child, ward,
youth or youth offender's + } history and prognosis. Any service
provider in the case, school superintendent or attorney who
examines or obtains copies of such reports or materials is
responsible for preserving their confidentiality. A service
provider or school superintendent who obtains copies of such
reports or materials shall return the copies to the court upon
the conclusion of the service provider's or superintendent's
involvement in the case.
' (3) Except as otherwise provided in subsection (7) of this
section, no information appearing in the record of the case or in
reports or other material relating to the { - child's or
youth's - } { + child, ward, youth or youth offender's + }
history or prognosis may be disclosed to any person not described
in subsection (2) of this section without the consent of the
court, except for purposes of evaluating the { - child's or
youth's - } { + child, ward, youth or youth offender's + }
eligibility for special education as provided in ORS chapter 343,
and no such information may be used in evidence in any proceeding
to establish criminal or civil liability against the child { + ,
ward, + } { - or - } youth { + or youth offender + }, whether
such proceeding occurs after the child { + , ward, + }
{ - or - } youth { + or youth offender + } has reached 18
years of age or otherwise, except for the following purposes:
' (a) In connection with a presentence investigation after
{ - the - } guilt { - of the youth - } has been admitted or
established in a criminal court.
' (b) In connection with a proceeding in another juvenile court
concerning the child { + , ward, + } { - or - } youth { + or
youth offender + } or an appeal from the juvenile court.
' (4) If the court finds that the child { + , ward, + }
{ - or - } youth { + , youth offender + } or parent is without
financial means to purchase all or a necessary part of the
transcript of the evidence or proceedings, the court shall order
upon motion the transcript or part thereof to be furnished. The
transcript or part thereof furnished under this subsection shall
be paid for in the same manner as furnished transcripts are paid
for in criminal cases.
' (5) Notwithstanding any other provision of law, the following
are not confidential and not exempt from disclosure:
' (a) The name and date of birth of the youth { + or youth
offender + };
' (b) The basis for the juvenile court's jurisdiction over the
youth { + or youth offender + };
' (c) The date, time and place of any juvenile court proceeding
in which the youth { + or youth offender + } is involved;
' (d) The act alleged in the petition that if committed by an
adult would constitute a crime if jurisdiction is based on ORS
419C.005;
' (e) That portion of the juvenile court order providing for
the legal disposition of the youth { + or youth offender + }
when jurisdiction is based on ORS 419C.005;
' (f) The names and addresses of the { - youth's - }
{ + youth or youth offender's + } parents or guardians; and
' (g) The register described in ORS 7.020 when jurisdiction is
based on ORS 419C.005.
' (6) Notwithstanding any other provision of law, when a youth
has been taken into custody under ORS 419C.080, the following
information shall be disclosed unless, and only for so long as,
there is a clear need to delay disclosure in the course of a
specific investigation, including the need to protect the
complaining party or the victim:
' (a) The youth's name and age and whether the youth is
employed or in school;
' (b) The youth offense for which the youth was taken into
custody;
' (c) The name and age of the adult complaining party and the
adult victim, unless the disclosure of such information is
otherwise prohibited or restricted;
' (d) The identity of the investigating and arresting agency;
and
' (e) The time and place that the youth was taken into custody
and whether there was resistance, pursuit or a weapon used in
taking the youth into custody.
' (7)(a) Information contained in reports and other materials
relating to a { - child's or youth's - } { + child, ward,
youth or youth offender's + } history and prognosis that, in the
professional judgment of the juvenile counselor, caseworker,
school superintendent, teacher or detention worker to whom the
information for the reports or other materials has been provided,
indicates a clear and immediate danger to another person or to
society shall be disclosed to the appropriate authority and the
person or entity who is in danger from the child { + , ward,
youth + } or youth { + offender + }.
' (b) An agency or a person who discloses information under
paragraph (a) of this subsection { - shall have - } { +
has + } immunity from any liability, civil or criminal, that
might otherwise be incurred or imposed for making the disclosure.
' (c) Nothing in this subsection affects the provisions of ORS
146.750, 146.760, 419B.035, 419B.040 and 419B.045. The disclosure
of information under this section does not make the information
admissible in any court or administrative proceeding if it is not
otherwise admissible.
' (8) A county juvenile department is the agency responsible
for disclosing youth { + and youth + } offender records
{ - and records relating to nonadjudicated youths - } if the
records are subject to disclosure.
' (9) A petition filed under ORS 419B.851 alleging that a child
who is a foreign national is within the jurisdiction of the
court, or a motion requesting an implementation plan other than
return of { - the child - } { + a ward + } to the
{ - child's - } { + ward's + } parent, is subject to
disclosure to the consulate for the { - child's - } { + child
or ward's + } country as provided under ORS 419B.851 (3).
' { + SECTION 34b. + } If House Bill 2091 becomes law, ORS
419B.851, as amended by section 5, chapter ___, Oregon Laws 2003
(Enrolled House Bill 2091), is amended to read:
' 419B.851. (1) Except as otherwise provided in ORS 419B.800 to
419B.929, every order, every petition and answer subsequent to
the original petition, every written motion other than one that
may be heard ex parte and every written request and similar paper
must be served upon each of the parties.
' (2)(a) Whenever under ORS 419B.800 to 419B.929 service is
required or permitted to be made upon a party, and that party is
represented by an attorney, the service must be made upon the
attorney unless otherwise ordered by the court. Service upon the
attorney or upon a party must be made by delivering a copy to the
attorney or party, by mailing it to the attorney's or party's
last known address or, if the party is represented by an
attorney, by facsimile communication device as provided in
subsection (5) of this section. As used in this paragraph,
'delivery of a copy ' means:
' (A) Handing it to the person to be served;
' (B) Leaving it at the person's office with the person's clerk
or a person apparently in charge of the office or, if there is no
one in charge, leaving it in a conspicuous place in the office;
or
' (C) If the office is closed or the person to be served has no
office, leaving it at the person's dwelling house or usual place
of abode with a person who is over 14 years of age and who
resides at the dwelling house or usual place of abode.
' (b) A party who has appeared without providing an appropriate
address for service may be served by placing a copy of the paper
required to be served in the court file. Service by mail is
complete upon mailing. Service of any notice or other paper to
bring a party into contempt may only be upon such party
personally.
' (3) When a petition is filed under subsection (1) of this
section alleging that a child who is a foreign national is within
the jurisdiction of the court, or when a motion is filed
requesting implementation of a plan other than return of
{ - the child - } { + a ward + } to the { - child's - }
{ + ward's + } parent, a copy of the petition or motion shall be
served on the consulate for the
{ - child's - } { + child or ward's + } country.
' (4) All papers required to be served upon a party under
subsection (1) of this section must be filed with the court
within a reasonable time after service. Except as otherwise
provided in ORS 419B.812 to 419B.839 and 419B.845, proof of
service of all papers required or permitted to be served may be
by written acknowledgment of service, by an affidavit of the
person making service or by a certificate of an attorney. Proof
of service may be made upon the papers served or as a separate
document attached to the papers. When service is made by
facsimile communication device, proof of service must be made by
an affidavit of the person making service or by a certificate of
an attorney. The printed confirmation of receipt of the message
generated by the facsimile machine must be attached to the
affidavit or certificate.
' (5) The filing of any papers with the court must be made by
filing them with the clerk of the court or the person exercising
the duties of that office. The clerk or the person exercising the
duties of that office shall indorse the time of day, day of the
month, month and year upon the paper. The clerk or person
exercising the duties of that office is not required to receive
any paper for filing unless:
' (a) The contents of the paper are legible; and
' (b) All of the following are legibly indorsed on the front of
the paper:
' (A) The name of the court;
' (B) The title of the cause and the paper;
' (C) The names of the parties; and
' (D) If there is one, the name of the attorney for the parties
requesting filing.
' (6) Whenever under ORS 419B.800 to 419B.929 service is
required or permitted to be made upon a party and that party is
represented by an attorney, the service may be made upon the
attorney by means of a facsimile if the attorney maintains such a
device at the attorney's office and the device is operating at
the time service is made.'.
On page 23, after line 21, insert:
' { + SECTION 35a. + } { + If Senate Bill 72 becomes law,
section 35 of this 2003 Act (amending ORS 419B.116) is repealed
and ORS 419B.116, as amended by section 3, chapter ___, Oregon
Laws 2003 (Enrolled Senate Bill 72), is amended to read: + }
' 419B.116. (1)(a) As used in this section, 'caregiver
relationship' means a relationship between a person and a
child { + or ward + }:
' (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 - } { + child or
ward's + } life if the child { + or ward + } is less than six
months of age;
' (B) In which the person had physical custody of the child
{ + or ward + } or resided in the same household as the
child { + or ward + };
' (C) In which the person provided the child { + or ward + }
on a daily basis with the love, nurturing and other necessities
required to meet the { - child's - } { + child or ward's + }
psychological and physical needs; and
' (D) On which the child depended to meet the { - child's - }
{ + child or ward's + } needs.
' (b) 'Caregiver relationship' does not include a relationship
between a child { + or ward + } and a person who is the
nonrelated foster parent of the child { + or ward + } unless the
relationship continued for a period exceeding 12 months.
' (2) A person asserting that the person has a caregiver
relationship with a child { + or ward + } 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 become a party to a juvenile
dependency proceeding as an intervenor. 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 under subsection (2) of this
section must state:
' (a) The person's relationship to the child { + or ward + }
and the person's involvement in the { - child's - } { + child
or ward's + } life;
' (b) The reason that intervention is sought;
' (c) How the person's intervention is in the best interests of
the child { + or ward + };
' (d) Why the existing parties cannot adequately present the
case; and
' (e) What specific relief is being sought.
' (5)(a) If a party wishes to oppose a motion for intervention,
the party must file a written objection to the motion stating the
grounds for the objection no later than 21 days after the motion
is filed. If no written objection is filed as provided in this
paragraph, the court may grant the motion without a hearing.
Except as provided in paragraph (b) of this subsection, if a
written objection is filed as provided in this paragraph, the
court shall hold a hearing on the motion.
' (b) If a motion for intervention does not state a prima facie
case as to the facts that must be proved under paragraph (c) of
this subsection, the court may deny the motion without a hearing.
' (c) If the court holds a hearing on the motion for
intervention, the court may grant the motion for intervention if
the person moving to intervene in the case proves by a
preponderance of the evidence that:
' (A) A caregiver relationship exists between the person and
the child { + or ward + };
' (B) The intervention is in the best interests of the child
{ + or ward + };
' (C) The reason for intervention and the specific relief
sought are consistent with the best interests of the child { +
or ward + }; and
' (D) The existing parties cannot adequately protect the best
interests of the child { + or ward + } without the intervention.
' (6) A person granted intervention is a party to the case and,
except as provided in subsection (10) of this section, may be
granted such relief as the court determines to be appropriate and
in the best interests of the child { + or ward + }.
' (7) A person who is not a party under ORS 419B.875 may seek
rights of limited participation by filing a written motion for
limited participation in a juvenile court proceeding. The motion
must state:
' (a) The reason that limited participation is being sought;
' (b) How the person's limited participation is in the best
interests of the child { + or ward + };
' (c) Why the parties cannot adequately present the case; and
' (d) The specific rights of limited participation that are
being sought.
' (8)(a) If a party wishes to oppose a motion filed under
subsection (7) of this section, the party must file a written
objection to the motion stating the grounds for the objection no
later than 21 days after the motion is filed. If no written
objection is filed as provided in this paragraph, the court may
grant the motion without a hearing.
' (b) If a motion seeking rights of limited participation does
not state a prima facie case as to the facts that must be proved
under paragraph (c) of this subsection, the court may deny the
motion without a hearing.
' (c) If the court holds a hearing on the motion seeking rights
of limited participation, the court may grant the motion if the
person seeking rights of limited participation proves by a
preponderance of the evidence that:
' (A) The person's limited participation is in the best
interests of the child { + or ward + };
' (B) The reason for limited participation and the specific
rights sought are consistent with the best interests of the child
{ + or ward + }; and
' (C) The parties cannot adequately present the case.
' (9) If the court grants a motion under subsection (8) of this
section, the court shall specify in the order the rights of
limited participation that are being granted.
' (10)(a) At any time, a person granted intervention or a
person granted rights of limited participation may move to be
considered a temporary placement or visitation resource for the
child { + or ward + }.
' (b) At any time after a court has determined at a permanency
hearing that the permanent plan for the child { + or ward + }
should be something other than to return home, a person granted
intervention may move to be considered the permanent placement
resource for the child { + or ward + }.
' (11) The court may modify or set aside any order granting
intervention or rights of limited participation as provided in
ORS 419B.923.'.
On page 32, after line 32, insert:
' { + SECTION 63a. + } { + If Senate Bill 70 becomes law,
section 63 of this 2003 Act (amending ORS 419B.365) is repealed
and ORS 419B.365, as amended by section 6, chapter ___, Oregon
Laws 2003 (Enrolled Senate Bill 70), is amended to read: + }
' 419B.365. (1) At any time following establishment of
jurisdiction and wardship under ORS 419B.100, but prior to filing
of a petition under ORS 419B.500, or after dismissal of a
petition filed under ORS 419B.500 if it fails to result in
termination of the parent's rights, a party, or person granted
rights of limited participation for the purpose of filing a
guardianship petition, may file, and the court may hear, a
petition for permanent guardianship. If the Department of Human
Services chooses not to participate in a proceeding initiated by
an intervenor under ORS 419B.875, the state is not foreclosed
from filing a subsequent action should the intervenor's petition
be denied.
' (2) The grounds for granting a permanent guardianship are the
same as those for termination of parental rights.
' (3) The court shall grant a permanent guardianship if it
finds by clear and convincing evidence that:
' (a) The grounds cited in the petition are true; and
' (b) It is in the best interest of the { - child - }
{ + ward + } that the parent never have physical custody of the
{ - child - } { + ward + } but that other parental rights and
duties should not be terminated.
' (4) If an Indian child is involved, the permanent
guardianship must be in compliance with the Indian Child Welfare
Act. Notwithstanding subsection (3) of this section, the facts
supporting any finding made to establish a permanent guardianship
for an Indian child, including the finding that continued custody
by the parents or Indian custodian would result in serious
emotional or physical harm to the child, must be established
beyond a reasonable doubt.
' (5) Unless vacated under section 4 { + , chapter ___, Oregon
Laws 2003 (Enrolled Senate Bill 70) + } { - of this 2003
Act - } , a guardianship established under this section continues
as long as the { - child - } { + ward + } is subject to the
court's jurisdiction as provided in ORS 419B.328.'.
On page 34, after line 4, insert:
' { + SECTION 70a. + } { + If House Bill 2277 becomes law,
section 70 of this 2003 Act (amending ORS 419B.400) is repealed
and ORS 419B.400, as amended by section 16, chapter ___, Oregon
Laws 2003 (Enrolled House Bill 2277), is amended to read: + }
' 419B.400. (1) The court may, after a hearing on the matter,
require the parents or other person legally obligated to support
a child { - found - } { + alleged + } to be within the
jurisdiction of the court { + under ORS 419B.100 or a ward + }
to pay toward the { - child's - } { + child or ward's + }
support such amounts at such intervals as the court may direct,
{ - while the child is within the jurisdiction of the court - }
even though the child { + or ward + } is over 18 years of age as
long as the child { + or ward + } is a child attending school,
as defined in ORS 107.108.
' (2) At least 21 days before the hearing, the court shall
notify the Administrator of the Division of Child Support of the
Department of Justice, or the branch office providing support
services to the county where the hearing will be held, of the
hearing. Before the hearing the administrator shall inform the
court, to the extent known:
' (a) Whether there is pending in this state or any other
jurisdiction any type of support proceeding involving the
child { + or ward + }, including a proceeding brought under ORS
25.287, 107.085, 107.135, 107.431, 108.110, 109.100, 109.103,
109.165, 125.025, 416.400 to 416.470 or 419C.590 or ORS chapter
110; and
' (b) Whether there exists in this state or any other
jurisdiction a support order, as defined in ORS 110.303,
involving the child { + or ward + }.
' (3) The Judicial Department and the Department of Justice may
enter into an agreement regarding how the courts give the notice
required under subsection (2) of this section to the Department
of Justice and how the Department of Justice gives the
information described in subsection (2)(a) and (b) to the courts.
' (4) The court, in determining the amount to be paid, shall
use the scale and formula provided for in ORS 25.275 and 25.280.
Unless otherwise ordered, the amounts so required to be paid
shall be paid to the Department of Justice or the county clerk,
whichever is appropriate, for transmission to the person,
institution or agency having legal custody of the child { + or
ward + }.'.
On page 44, after line 34, insert:
' { + SECTION 93a. + } { + If Senate Bill 72 becomes law,
section 93 of this 2003 Act (amending ORS 419B.875) is repealed
and ORS 419B.875, as amended by section 1, chapter ___, Oregon
Laws 2003 (Enrolled Senate Bill 72), is amended to read: + }
' 419B.875. (1) Parties to proceedings in the juvenile court
under ORS 419B.100 and, except as provided in paragraph (h) of
this subsection, under ORS 419B.500 are:
' (a) The { - minor - } child { + or ward + };
' (b) The legal parents or guardian of the child { + or
ward + };
' (c) A putative father of the child { + or ward + } if he has
provided or offered to provide for the physical, emotional,
custodial or financial needs of the child { + or ward + } in the
previous six months or was prevented from doing so by the mother
of the child { + or ward + };
' (d) The state;
' (e) The juvenile department;
' (f) A court appointed special advocate, if appointed;
' (g) The Department of Human Services or other child-caring
agency if the agency has temporary custody of the child { + or
ward + };
' (h) An intervenor who is granted intervention under ORS
419B.116. An intervenor under this paragraph is not a party to a
proceeding under ORS 419B.500;
' (i) A guardian ad litem appointed under subsection (2) of
this section; and
' (j) The tribe in cases subject to the Indian Child Welfare
Act if the tribe has intervened pursuant to the Indian Child
Welfare Act.
' (2) When a court determines that a parent or guardian, due to
mental or physical disability, cannot adequately act in the
parent's or guardian's interests or give direction to the
parent's or guardian's counsel on decisions the parent or
guardian must make, the court shall appoint some suitable person
to act as guardian ad litem for the parent or guardian.
' (3) The rights of the parties include, but are not limited
to:
' (a) The right to notice of the proceeding and copies of the
petitions, answers, motions and other papers;
' (b) The right to appear with counsel and, except for
intervenors under subsection (1)(h) of this section, to have
counsel appointed as otherwise provided by law;
' (c) The right to call witnesses, cross-examine witnesses and
participate in hearings;
' (d) The right of appeal; and
' (e) The right to request a hearing.
' (4)(a) A person granted rights of limited participation under
ORS 419B.116 is not a party to a proceeding under ORS 419B.100 or
419B.500 but has only those rights specified in the order
granting rights of limited participation.
' (b) Persons moving for or granted rights of limited
participation are not entitled to court-appointed counsel but may
appear with retained counsel.
' (5) If a foster parent, preadoptive parent or relative is
currently providing care for a child { + or ward + }, the
Department of Human Services shall give the foster parent,
preadoptive parent or relative notice of a hearing concerning the
child { + or ward + } and the court shall give the person an
opportunity to be heard. Except when allowed to intervene, the
foster parent, preadoptive parent or relative providing care for
the child { + or ward + } is not considered a party to the
juvenile court proceeding solely because of notice and an
opportunity to be heard.
' (6) When a legal grandparent of a child { + or ward + }
requests in writing and provides a mailing address, the
Department of Human Services shall give the legal grandparent
notice of a hearing concerning the child { + or ward + } and the
court shall give the legal grandparent an opportunity to be
heard. Except when allowed to intervene, a legal grandparent is
not considered a party to the juvenile court proceeding solely
because of notice and an opportunity to be heard.
' (7) Interpreters for parties and persons granted rights of
limited participation shall be appointed in the manner specified
by ORS 45.275 and 45.285.'.
On page 46, after line 1, insert:
' { + SECTION 94a. + } { + If Senate Bill 72 becomes law,
section 94 of this 2003 Act (amending ORS 419B.875) is repealed
and ORS 419B.875, as amended by section 83, chapter 962, Oregon
Laws 2001, and section 2, chapter ___, Oregon Laws 2003 (Enrolled
Senate Bill 72), is amended to read: + }
' 419B.875. (1) Parties to proceedings in the juvenile court
under ORS 419B.100 and, except as provided in paragraph (h) of
this subsection, under ORS 419B.500 are:
' (a) The { - minor - } child { + or ward + };
' (b) The legal parents or guardian of the child { + or
ward + };
' (c) A putative father of the child { + or ward + } if he has
provided or offered to provide for the physical, emotional,
custodial or financial needs of the child { + or ward + } in the
previous six months or was prevented from doing so by the mother
of the child { + or ward + };
' (d) The state;
' (e) The juvenile department;
' (f) A court appointed special advocate, if appointed;
' (g) The Department of Human Services or other child-caring
agency if the agency has temporary custody of the child { + or
ward + };
' (h) An intervenor who is granted intervention under ORS
419B.116. An intervenor under this paragraph is not a party to a
proceeding under ORS 419B.500;
' (i) A guardian ad litem appointed under subsection (2) of
this section; and
' (j) The tribe in cases subject to the Indian Child Welfare
Act if the tribe has intervened pursuant to the Indian Child
Welfare Act.
' (2) When a court determines that a parent or guardian, due to
mental or physical disability, cannot adequately act in the
parent's or guardian's interests or give direction to the
parent's or guardian's counsel on decisions the parent or
guardian must make, the court shall appoint some suitable person
to act as guardian ad litem for the parent or guardian.
' (3) The rights of the parties include, but are not limited
to:
' (a) The right to notice of the proceeding and copies of the
petitions, answers, motions and other papers;
' (b) The right to appear with counsel and, except for
intervenors under subsection (1)(h) of this section, to have
counsel appointed as otherwise provided by law;
' (c) The right to call witnesses, cross-examine witnesses and
participate in hearings;
' (d) The right of appeal; and
' (e) The right to request a hearing.
' (4)(a) A person granted rights of limited participation under
ORS 419B.116 is not a party to a proceeding under ORS 419B.100 or
419B.500 but has only those rights specified in the order
granting rights of limited participation.
' (b) Persons moving for or granted rights of limited
participation are not entitled to appointed counsel but may
appear with retained counsel.
' (5) If a foster parent, preadoptive parent or relative is
currently providing care for a child { + or ward + }, the
Department of Human Services shall give the foster parent,
preadoptive parent or relative notice of a hearing concerning the
child { + or ward + } and the court shall give the person an
opportunity to be heard. Except when allowed to intervene, the
foster parent, preadoptive parent or relative providing care for
the child { + or ward + } is not considered a party to the
juvenile court proceeding solely because of notice and an
opportunity to be heard.
' (6) When a legal grandparent of a child { + or ward + }
requests in writing and provides a mailing address, the
Department of Human Services shall give the legal grandparent
notice of a hearing concerning the child { + or ward + } and the
court shall give the legal grandparent an opportunity to be
heard. Except when allowed to intervene, a legal grandparent is
not considered a party to the juvenile court proceeding solely
because of notice and an opportunity to be heard.
' (7) Interpreters for parties and persons granted rights of
limited participation shall be appointed in the manner specified
by ORS 45.275 and 45.285.'.
After line 20, insert:
' { + SECTION 96a. + } { + If House Bill 2272 becomes law,
section 96 of this 2003 Act (amending ORS 419B.917) is
repealed. + } ' .
On page 59, after line 32, insert:
' { + SECTION 132a. + } { + If House Bill 2277 becomes law,
section 132 of this 2003 Act (amending ORS 419C.590) is repealed
and ORS 419C.590, as amended by section 17, chapter ___, Oregon
Laws 2003 (Enrolled House Bill 2277), is amended to read: + }
' 419C.590. (1) The court may, after a hearing on the matter,
require the parents or other person legally obligated to support
a youth { - found to be within the jurisdiction of the
court - } { + offender + } to pay toward the { - youth's - }
{ + youth offender's + } support such amounts at such intervals
as the court may direct, while the youth { + offender + } is
within the jurisdiction of the court even though the youth { +
offender + } is over 18 years of age as long as the youth { +
offender + } is a child attending school, as defined in ORS
107.108.
' (2) At least 21 days before the hearing, the court shall
notify the Administrator of the Division of Child Support of the
Department of Justice, or the branch office providing support
services to the county where the hearing will be held, of the
hearing. Before the hearing the administrator shall inform the
court, to the extent known:
' (a) Whether there is pending in this state or any other
jurisdiction any type of support proceeding involving the
{ - child - } { + youth offender + }, including a proceeding
brought under ORS 25.287, 107.085, 107.135, 107.431, 108.110,
109.100, 109.103, 109.165, 125.025, 416.400 to 416.470 or
419B.400 or ORS chapter 110; and
' (b) Whether there exists in this state or any other
jurisdiction a support order, as defined in ORS 110.303,
involving the { - child - } { + youth offender + }.
' (3) The Judicial Department and the Department of Justice may
enter into an agreement regarding how the courts give the notice
required under subsection (2) of this section to the Department
of Justice and how the Department of Justice gives the
information described in subsection (2)(a) and (b) to the courts.
' (4) The court, in determining the amount to be paid, shall
use the scale and formula provided for in ORS 25.275 and 25.280.
Unless otherwise ordered, the amounts so required to be paid
shall be paid to the Department of Justice or the county clerk,
whichever is appropriate, for transmission to the person,
institution or agency having legal custody of the youth { +
offender + }.'.
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