72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
Senate Bill 69
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)
CHAPTER ................
AN ACT
Relating to juveniles; amending ORS 419A.004, 419A.012, 419A.014,
419A.016, 419A.020, 419A.022, 419A.045, 419A.047, 419A.050,
419A.052, 419A.055, 419A.057, 419A.059, 419A.061, 419A.063,
419A.098, 419A.104, 419A.106, 419A.112, 419A.114, 419A.116,
419A.124, 419A.150, 419A.170, 419A.190, 419A.200, 419A.205,
419A.208, 419A.211, 419A.250, 419A.255, 419B.116, 419B.118,
419B.127, 419B.132, 419B.135, 419B.160, 419B.183, 419B.185,
419B.192, 419B.195, 419B.198, 419B.201, 419B.208, 419B.223,
419B.325, 419B.328, 419B.331, 419B.334, 419B.337, 419B.340,
419B.343, 419B.346, 419B.349, 419B.352, 419B.365, 419B.370,
419B.373, 419B.376, 419B.379, 419B.385, 419B.387, 419B.400,
419B.404, 419B.406, 419B.408, 419B.440, 419B.443, 419B.446,
419B.449, 419B.452, 419B.470, 419B.473, 419B.476, 419B.498,
419B.500, 419B.502, 419B.504, 419B.506, 419B.508, 419B.521,
419B.524, 419B.527, 419B.529, 419B.806, 419B.851, 419B.875,
419B.914, 419B.917, 419B.923, 419C.005, 419C.020, 419C.220,
419C.223, 419C.285, 419C.370, 419C.411, 419C.440, 419C.441,
419C.443, 419C.446, 419C.449, 419C.453, 419C.456, 419C.459,
419C.461, 419C.462, 419C.465, 419C.473, 419C.475, 419C.478,
419C.481, 419C.486, 419C.489, 419C.498, 419C.507, 419C.550,
419C.555, 419C.558, 419C.561, 419C.570, 419C.573, 419C.575,
419C.590, 419C.595, 419C.600, 419C.613, 419C.650, 419C.653,
419C.656, 420.005, 420.011, 420.031 and 420A.010; and repealing
ORS 419A.002.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 419A.004 is amended to read:
419A.004. As used in this chapter and ORS chapters 419B and
419C, unless the context requires otherwise:
(1) 'CASA Volunteer Program' means a program approved or
sanctioned by the juvenile court to recruit, train and supervise
volunteer persons to serve as court appointed special advocates.
{ - (2) 'Child' means a person within the jurisdiction of the
juvenile court as provided in ORS 419B.100. - }
{ - (3) - } { + (2) + } 'Child care center' means a
residential facility for { - the care and supervision of
children - } { + wards or youth offenders + } that is licensed
under the provisions of ORS 418.240.
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{ - (4) - } { + (3) + } 'Community service' has the meaning
given that term in ORS 137.126.
{ - (5) - } { + (4) + } 'Conflict of interest' means a
person appointed to a local citizen review board who has a
personal or pecuniary interest in a case being reviewed by that
board.
{ - (6) - } { + (5) + } 'Counselor' means a juvenile
department counselor.
{ - (7) - } { + (6) + } 'Court' means the juvenile court.
{ - (8) - } { + (7) + } 'Court appointed special advocate'
or 'CASA ' means a person appointed by the court pursuant to a
CASA Volunteer Program to act as special advocate { - for a
child - } pursuant to ORS 419A.170.
{ - (9) - } { + (8) + } 'Court facility' has the meaning
given that term in ORS 166.360.
{ - (10) - } { + (9) + } 'Department' means the Department
of Human Services.
{ - (11) - } { + (10) + } 'Detention' or 'detention
facility' means a facility established under ORS 419A.010 to
419A.020 and 419A.050 to 419A.063 for the detention of
{ - dependent - } children { + , + } { - or delinquent
youth - } { + wards, youths or youth offenders + } pursuant to
a judicial commitment or order.
{ - (12) - } { + (11) + } 'Director' means the director of
a juvenile department established under ORS 419A.010 to 419A.020
and 419A.050 to 419A.063.
{ - (13) - } { + (12) + } 'Guardian' means guardian of the
person and not guardian of the estate.
{ - (14) - } { + (13) + } 'Indian child' means any
unmarried person less than 18 years of age who is:
(a) A member of an Indian tribe; or
(b) Eligible for membership in an Indian tribe and is the
biological child of a member of an Indian tribe.
{ - (15) - } { + (14) + } 'Juvenile court' means the court
having jurisdiction of juvenile matters in the several counties
of this state.
{ - (16) - } { + (15) + } 'Local citizen review board'
means the board specified by ORS 419A.090 and 419A.092.
{ - (17) - } { + (16) + } 'Parent' means the biological or
adoptive mother { - of the child - } and the legal or adoptive
father of the child { + , ward, youth or youth offender + }. A
legal father includes:
(a) A nonimpotent, nonsterile man who was cohabiting with his
wife, who is the mother of the child, { + ward, youth or youth
offender, + } at the time of conception;
(b) A man married to the mother of the child { + , ward, youth
or youth offender + } at the time of birth, { - where - } { +
when + } there is no decree of separation and the presumption of
paternity has not been disputed;
(c) A biological father who marries the mother of the
child { + , ward, youth or youth offender + } after the birth of
the child { + , ward, youth or youth offender + };
(d) A biological father who has established or declared
paternity through filiation proceedings or under ORS 416.400 to
416.470; and
(e) A biological father who has, with the mother, established
paternity through a voluntary acknowledgment of paternity under
ORS 109.070.
{ - (18) - } { + (17) + } 'Permanent foster care' means an
out-of-home placement in which there is a long-term contractual
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foster care agreement between the foster parents and the
department that is approved by the juvenile court and in which
the foster parents commit to raise a { - foster child - } { +
ward in substitute care or youth offender + } until the age of
majority.
{ - (19) - } { + (18) + } 'Planned permanent living
arrangement' means an out-of-home placement other than by
adoption, placement with a relative or placement with a legal
guardian that is consistent with the case plan and in the best
interests of the { - child - } { + ward + }.
{ - (20) - } { + (19) + } 'Public building' has the meaning
given that term in ORS 166.360.
{ - (21) - } { + (20) + } 'Reasonable time' means a period
of time that is reasonable given a { - child's - } { + child
or ward's + } emotional and developmental needs and ability to
form and maintain lasting attachments.
{ - (22) - } { + (21) + } 'Records' means any information
in written form, pictures, photographs, charts, graphs,
recordings or documents pertaining to a case.
{ - (23) - } { + (22) + } 'Resides' or 'residence,' when
used in reference to the residence of a child { + , ward, + }
{ - or - } youth { + or youth offender + }, means the place
where the child { + , ward, + } { - or - } youth { + or youth
offender + } is actually living or the jurisdiction in which
wardship { - of the child or youth - } { + or
jurisdiction + } has been established.
{ - (24) - } { + (23) + } 'Restitution' has the meaning
given that term in ORS 137.103.
{ - (25) - } { + (24) + } 'Serious physical injury' means:
(a) A serious physical injury as defined in ORS 161.015; or
(b) A physical injury that:
(A) Has a permanent or protracted significant effect on a
child's daily activities;
(B) Results in substantial and recurring pain; or
(C) In the case of a child under 10 years of age, is a broken
bone.
{ - (26) - } { + (25) + } 'Shelter care' means a home or
other facility suitable for the safekeeping of a child { + ,
ward, youth or youth offender + } who is taken into temporary
custody pending investigation and disposition { - where the
circumstances are such that the child does not need to be kept in
secure custody - } .
{ - (27) - } { + (26) + } 'Short-term detention facility'
means a facility established under ORS 419A.050 (3) for holding
{ + children, + } youths { + and youth offenders + } pending
further placement.
{ - (28) - } { + (27) + } 'Substitute care' means an
out-of-home placement directly supervised by the department or
other agency, including placement in a foster family home, group
home or other child caring institution or facility. 'Substitute
care' does not include care in:
(a) A detention facility, forestry camp or youth correction
facility;
(b) A family home { - which - } { + that + } the court has
approved as a
{ - child's - } { + ward's + } permanent placement,
{ - where - } { + when + } a private child caring agency has
been appointed guardian of the { - child - } { + ward + } and
{ - where the child's - } { + when the ward's + }care is
entirely privately financed; or
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(c) In-home placement subject to conditions or limitations.
{ - (29) - } { + (28) + } 'Surrogate' means a person
appointed by the court to protect the right of the child { + ,
ward, youth or youth offender + } to receive procedural
safeguards with respect to the provision of free appropriate
public education.
{ - (30) - } { + (29) + } 'Tribal court' means a court with
jurisdiction over child custody proceedings and that is either a
Court of Indian Offenses, a court established and operated under
the code of custom of an Indian tribe or any other administrative
body of a tribe that is vested with authority over child custody
proceedings.
{ + (30) 'Ward' means a person within the jurisdiction of the
juvenile court under ORS 419B.100. + }
(31) 'Youth' means a person under 18 years of age who is
alleged to have committed an act that is a violation, or, if done
by an adult would constitute a violation, of a law or ordinance
of the United States or a state, county or city.
(32) 'Youth care center' has the meaning given that term in ORS
420.855.
(33) 'Youth offender' means a person { - at least 12 years of
age - } who has been found to be within the jurisdiction of the
juvenile court under ORS 419C.005 for an act committed when the
person was under 18 years of age.
SECTION 2. ORS 419A.012 is amended to read:
419A.012. The director of a juvenile department or one of the
counselors shall:
(1) Make or cause to be made an investigation of every
child { + , ward, youth or youth offender + } brought before the
court and report fully thereon to the court.
(2) Be present in court to represent the interests of the
child { + , ward, youth or youth offender + } when the case is
heard.
(3) Furnish such information and assistance as the court
requires.
(4) Take charge of any child { + , ward, youth or youth
offender + } before and after the hearing as may be directed by
the court.
SECTION 3. ORS 419A.014 is amended to read:
419A.014. The juvenile department of a county shall report
annually to the Oregon Criminal Justice Commission the frequency
with which { - juveniles - } { + runaway children held under
ORS 419C.156, youths and youth offenders + } are held in
preadjudicative detention and the duration of the detention.
SECTION 4. ORS 419A.016 is amended to read:
419A.016. Any director or counselor { - shall have - } { +
has the + } power of a peace officer as to any child { + , ward,
youth or youth offender + } committed to the care of the director
or counselor. Any director or counselor may, in the discretion of
the director or counselor and at any time, bring a child { + ,
ward, youth or youth offender + } committed to the custody and
care by the juvenile court before { - such - } { + the + }
court for any further action the court considers advisable.
SECTION 5. ORS 419A.020 is amended to read:
419A.020. (1) The cost of maintaining a juvenile department and
all expenditures incidental thereto, including traveling
expenses, and necessarily incurred in supplying the immediate
necessities of { - dependent or delinquent - } children { + ,
wards, youths or youth offenders + } while committed to the
charge of a director or counselor, and all salaries for the
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personnel of a juvenile department and of any detention
facilities maintained in the county, { - shall be - } { +
are + } payable upon the order of the board of county
commissioners or county court of the county from county funds
budgeted and levied for that purpose in any manner provided by
law.
(2) When two or more counties have counselors appointed to
serve the counties jointly, each county shall provide funds to
pay its share of the costs and expenses of the employment of
counselors and maintaining juvenile departments. The method of
determining the portion of such costs and expenses each county is
to bear { - shall - } { + must + } be provided in the
agreement made between the counties under ORS 419A.010 (1)(b).
SECTION 6. ORS 419A.022 is amended to read:
419A.022. The board of county commissioners or county court of
counties having more than 400,000 inhabitants, according to the
latest federal decennial census, shall provide proper
accommodations for detention rooms and hospital wards, as may be
necessary for the care, custody and discipline of { - minor - }
children { + , wards, youths or youth offenders + }. The expense
of the same shall be audited and paid in the same manner as other
bills in such county are audited and paid.
SECTION 7. ORS 419A.045 is amended to read:
419A.045. It is declared to be the legislative policy of the
State of Oregon to recognize county juvenile courts and
departments as a basic foundation for the provision of services
to children { + , wards, youths, youth offenders + } and their
families and, with the limited amount of funds available, to
assist counties in financing certain juvenile court-related
services on a continuing basis. The purpose of ORS 419A.045 to
419A.048 is to provide basic grants to juvenile departments to
assist them in the administration of court services as defined in
ORS 3.250.
SECTION 8. ORS 419A.047 is amended to read:
419A.047. (1) The state shall provide financial assistance to
the counties for the implementation of local coordinated
comprehensive plans from funds appropriated for that purpose for
court services, as defined in ORS 3.250.
(2) The Oregon Youth Authority shall determine each county's
estimated percentage share of the amount to be appropriated for
the purposes of this section. Such determination { - shall - }
{ + must + } be based upon each county's respective share of
{ - resident juveniles - } { + residents + } under the age of
18.
(3) The numbers of { - resident juveniles - }
{ + residents + } under the age of 18 for each county
{ - shall - } { + must + } be certified to the Oregon Youth
Authority by January 1 of each odd-numbered year by the Center
for Population Research and Census.
SECTION 9. ORS 419A.050 is amended to read:
419A.050. (1) Any county may acquire in any lawful manner,
equip and maintain within the county suitable facilities for the
shelter { + or detention + } of children { + , wards, + }
{ - and the detention of - } youths { + and youth offenders + }
confined pursuant to a judicial commitment or order pending final
adjudication of the case by the juvenile court.
(2) { - Where - } { + When + } two or more counties have
entered into an agreement under ORS 419A.010, the counties
jointly may acquire in any lawful manner, equip and maintain, at
a suitable site or sites in the counties, facilities suitable for
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the shelter { + or detention + } of children { + , wards, + }
{ - and the detention of - } youths { + and youth
offenders + } confined pursuant to judicial commitment or order
pending final adjudication of the case by the juvenile court.
(3) Any county may designate, equip and maintain a short-term
detention facility for { + children, + } youths and
{ - youths - } { + youth offenders + } in transit. The
facility may house up to { + a total of + } five { +
children, + } youths and { - youths - } { + youth
offenders + } in transit for a period not to exceed four
continuous days pending further placement. Short-term detention
facilities:
(a) May not be located with detention facilities established
under subsection (1) or (2) of this section; and
(b) Are subject to the standards and specifications found in
ORS 169.740 and 419A.052. Upon written request of the county, the
Department of Corrections may approve waivers and variances from
the standards and specifications as long as the waivers or
variances are consistent with the safety and welfare of detained
{ + children, + } youths { + and youth offenders + }.
SECTION 10. ORS 419A.052 is amended to read:
419A.052. (1) Suitable detention facilities { - shall - }
{ + must + } be of Class I construction and comply with the
State of Oregon Structural Specialty Code and Fire and Life
Safety Code. In addition, the facilities { - shall - } { +
must + } provide:
(a) Sanitary drinking water in living units and dayrooms;
(b) Toilets and washbasins accessible to { - juveniles - }
{ + detainees + } in all housing and activity areas;
(c) At least one shower for every 10 detainees;
(d) A heating system and all equipment required to ensure
healthful and comfortable living and working conditions { - for
juveniles and staff - } , and { - which - } { + that + }
maintains a temperature no lower than 64 degrees;
(e) Lighting at 20 footcandles density; and
(f) Verbal or mechanical communications from sleeping rooms to
staff.
(2) New or major renovated facilities { - shall - } { +
must + } conform to the requirements of subsection (1) of this
section and { - shall - } { + must + } also provide:
(a) That any single sleeping rooms located therein are at least
70 square feet and that any dormitories located therein are at
least 50 square feet per { - occupant - } { + detainee + }
and house no more than five { - individuals - }
{ + detainees + } each;
(b) At least one toilet and washbasin for every five detainees;
(c) Corridors of at least six feet in width;
(d) Thirty square feet of dayroom space per { - child - }
{ + detainee + };
(e) Heating units capable of maintaining 68 to 85 degrees
temperature;
(f) Tamper-proof lighting with capability of 20 footcandles;
(g) Air circulation of 10 cubic feet of fresh air per minute,
per { - occupant - } { + detainee + };
(h) Sleeping rooms' water valves accessible for staff control;
(i) Rooms provided for classes, library, arts and crafts; and
(j) Indoor and outdoor recreation and exercise areas.
SECTION 11. ORS 419A.055 is amended to read:
419A.055. The county court or board of commissioners of a
county may institute an examination of the county's juvenile
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detention facility and establish { - the maximum number of
juveniles that may be held - } { + its capacity + } in
accordance with constitutional standards { - in the facility at
any given time - } . If a county court or board of commissioners
adopts a capacity limit { - on the number of juveniles that may
be held in the detention facility and the number of juveniles
held in the juvenile facility exceeds the established
capacity - } { + and that limit is exceeded + }, the county,
through the juvenile department director, shall immediately
notify the judge of the juvenile court who shall authorize the
release of a sufficient number of { - juveniles - }
{ + detainees + } to reduce the population of the detention
facility to the established capacity.
SECTION 12. ORS 419A.057 is amended to read:
419A.057. (1) All expenses incurred in the maintenance of the
facilities for detention and the personnel required therefor,
except as otherwise provided in subsection (2) of this section,
shall be paid upon order of the board of county commissioners or
county court from county funds duly levied and collected in any
manner provided by law. When joint detention facilities are
maintained as provided in ORS 419A.050 (2), each county shall pay
its share of the costs and expenses of acquiring, equipping and
maintaining the joint detention facilities, to be determined
pursuant to an agreement between the counties. Counties may
accept gifts or donations of property, including money, for the
use of detention facilities to be expended and used as directed
by the board of county commissioners.
(2) When a county operates a combined facility to provide both
care and rehabilitation services, under ORS 420.855 to 420.885,
and detention facilities, the county may also receive state
support for { - such - } { + the + } care and rehabilitation
services as permitted by ORS 420.880.
(3) When a county operates a combined facility as described in
subsection (2) of this section, only { - those juveniles
shall - } { + youth offenders may + } be admitted to the youth
care center of { - such - } { + the + } facility { + ,
following court review of the admission. + } { - who: - }
{ - (a) Are 12 years of age or older; - }
{ - (b) Have been found to be within the jurisdiction of the
juvenile court as a result of an adjudication of a petition filed
by reason of ORS 419C.005; and - }
{ - (c) Have had the placement in such combined facility
reviewed by the juvenile court. - }
SECTION 13. ORS 419A.059 is amended to read:
419A.059. The juvenile court of each county shall designate the
place or places in which children { + , wards, youths or youth
offenders + } are to be placed in detention or shelter care when
taken into temporary custody. If the county is adjacent to
another state, the court may designate a place or places in the
adjoining state where children, { + wards, youths or youth
offenders, + } pursuant to an agreement between such place or
places and the juvenile department of the county, may be placed
in detention { + or shelter care + } when taken into custody. A
county juvenile department { - shall - } { + may + } not
enter into an agreement with an out-of-state place for { +
placement in + } detention { - of juveniles, - } as provided
in this section, unless the place or places conform to standards
of this state for such a place and unless the agreement includes
a provision that the place be subject to inspection by officers
of this state under ORS 419A.061.
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SECTION 14. ORS 419A.061 is amended to read:
419A.061. Inspection of juvenile detention facilities,
including jails or lockups { - where juveniles are detained - }
, and enforcement of { - those - } { + the + } juvenile
detention standards contained in ORS 419A.059 or otherwise
established by statute, { - shall - } { + must + } be
conducted in the same manner as provided in ORS 169.070 and
169.080.
SECTION 15. ORS 419A.063 is amended to read:
419A.063. (1) The juvenile court { - shall - } { + may + }
not place a
{ - child - } { + youth offender + }in a detention facility
{ - for children - } under ORS 419C.453 unless the facility:
(a) Houses { - children - } { + youth offenders + } in a
room or ward screened from the sight and sound of adults who may
be detained in the facility; and
(b) Is staffed by juvenile department employees.
(2) In no case may the court order, pursuant to ORS 419C.453,
that a { - child - } { + youth offender + } under 14 years of
age be placed in any detention facility in which adults are
detained or imprisoned.
SECTION 16. ORS 419A.098 is amended to read:
419A.098. The Chief Justice, in consultation with the Supreme
Court, shall adopt rules under ORS 1.002 that may include any
procedures for the administration of the local citizen review
board program regarding:
(1) Removal of members of local citizen review boards;
(2) The time, content and manner in which case plans and case
progress reports shall be provided by the Department of Human
Services or other agency or individual directly responsible for
the care of the child { + or ward + } to the local citizen
review board. These rules may require that such information be
provided in shorter time periods than those contained in ORS
419B.443, and that information in addition to that specified by
ORS 419B.443 be provided;
(3) Procedures for providing written notice of the review to
the department, any other agency directly responsible for the
care or placement of the child { + or ward + }, the parents or
their attorneys, foster parents, surrogate parents, mature
children { + and wards + } or their attorneys, the
court-appointed attorney or court appointed special advocate of
any child { + or ward + }, any district attorney or attorney
general actively involved in the case and other interested
persons. The notice shall include advice that persons receiving a
notice may participate in the hearing and be accompanied by a
representative;
(4) Procedures for securing or excusing the presence at the
review of caseworkers and other employees of the department or
other agencies directly responsible for the care of the
child { + or ward + };
(5) Procedures by which boards can remove cases from review
when such review is not required under federal law;
(6) Grounds for removal of members;
(7) Terms of board members; and
(8) Organization of individual boards.
SECTION 17. ORS 419A.098, as amended by section 95, chapter
962, Oregon Laws 2001, is amended to read:
419A.098. The Chief Justice, in consultation with the Supreme
Court, shall adopt rules under ORS 1.002 that may include any
Enrolled Senate Bill 69 (SB 69-B) Page 8
procedures for the administration of the local citizen review
board program regarding:
(1) Removal of members of local citizen review boards;
(2) The time, content and manner in which case plans and case
progress reports shall be provided by the Department of Human
Services or other agency or individual directly responsible for
the care of the child { + or ward + } to the local citizen
review board. These rules may require that such information be
provided in shorter time periods than those contained in ORS
419B.443, and that information in addition to that specified by
ORS 419B.443 be provided;
(3) Procedures for providing written notice of the review to
the department, any other agency directly responsible for the
care or placement of the child { + or ward + }, the parents or
their attorneys, foster parents, surrogate parents, mature
children { + and wards + } or their attorneys, the appointed
attorney or court appointed special advocate of any child { + or
ward + }, any district attorney or attorney general actively
involved in the case and other interested persons. The notice
shall include advice that persons receiving a notice may
participate in the hearing and be accompanied by a
representative;
(4) Procedures for securing or excusing the presence at the
review of caseworkers and other employees of the department or
other agencies directly responsible for the care of the
child { + or ward + };
(5) Procedures by which boards can remove cases from review
when such review is not required under federal law;
(6) Grounds for removal of members;
(7) Terms of board members; and
(8) Organization of individual boards.
SECTION 18. ORS 419A.104 is amended to read:
419A.104. Within seven working days after the first of each
month, the Department of Human Services shall send to the citizen
review board state administrative office the federally required
report listing all children { + and wards + } in substitute
care. The report must include the dates of placement and the
dates by which a review must be conducted.
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 { + and
ward + } 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
{ + or ward + } is placed in substitute care and subsequent
reviews to take place no less frequently than once every six
months thereafter until the child { + or ward + } 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.
Enrolled Senate Bill 69 (SB 69-B) Page 9
(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.112 is amended to read:
419A.112. (1) The local citizen review board may disclose to
parents and their attorneys, foster parents, mature children
{ + and wards + } and their attorneys and other persons
authorized by the local board to participate in the case review,
records disclosed to the local board under ORS 419A.102.
(2) Before participating in a local citizen review board case
review, each participant, other than parents { + , + }
{ - and - } children { + and wards + }, shall swear or affirm
to the board that the participant shall keep confidential the
information disclosed by the board in the case review and to
disclose it only as authorized by law.
SECTION 21. ORS 419A.114 is amended to read:
419A.114. (1) Unless excused from doing so by the local citizen
review board, the Department of Human Services and any other
agency directly responsible for the care and placement of the
child { + or ward + } shall require the presence of any
employees having knowledge of the case at local board meetings.
(2) The local citizen review board may require the presence of
specific employees of the department or agency at local board
meetings. If an employee fails to be present at such a meeting,
the local review board may request a court hearing. The court may
require the employee to be present and show cause why the
employee should not be compelled to appear before the local
citizen review board.
(3) As used in this section, 'presence' includes telephone
participation except that the caseworker on the case at the time
of the meeting must be physically present if required.
SECTION 22. ORS 419A.116 is amended to read:
419A.116. (1) After reviewing each case, the local citizen
review board shall make written findings and recommendations with
respect to:
(a) Whether reasonable efforts were made prior to the
placement, to prevent or eliminate the need for removal of the
child { + or ward + } from the home;
(b) If the case plan at the time of the review is to reunify
the family, 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;
(c) If the case plan at the time of the review is something
other than to reunify the family, whether the department has made
reasonable efforts to place the child { + or ward + } in a
Enrolled Senate Bill 69 (SB 69-B) Page 10
timely manner in accordance with the case plan and to complete
the steps necessary to finalize the permanent placement of the
child { + or ward + };
(d) The continuing need for and appropriateness of the
placement;
(e) Compliance with the case plan;
(f) The progress which has been made toward alleviating the
need for placement;
(g) A likely date by which the child { + or ward + } may be
returned home or placed for adoption;
(h) Other problems, solutions or alternatives the board
determines should be explored; and
(i) Whether the court should appoint an attorney or other
person as special advocate to represent or appear on behalf of
the child { + or ward + } 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 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, 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 department has made reasonable efforts to place
the child { + or ward + } in a timely manner in accordance with
the case plan and complete the steps necessary to finalize the
permanent placement of the child { + or ward + }, 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 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, the local citizen review board
shall consider the { - child's - } { + child or ward'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 23. ORS 419A.124 is amended to read:
419A.124. In addition to reviewing individual cases of children
{ + and wards + } in substitute care, local citizen review
boards may make recommendations to the court and the Department
of Human Services concerning substitute care services, policies,
procedures and laws.
SECTION 24. ORS 419A.150 is amended to read:
419A.150. (1) The judge of the juvenile court may appoint one
or more persons as referee of the juvenile court. A referee shall
be appointed in every county in which there is no resident
juvenile court judge. A person appointed referee { - shall - }
{ + must + } be qualified by training and experience in the
handling of juvenile matters, { - shall - } { + must + } have
such further qualifications as may be prescribed by law and
{ - shall hold - } { + holds + } office as { - such - }
{ + referee + } at the pleasure of the judge. The { + state
shall pay the + } compensation of a referee appointed by the
judge of a circuit court { - shall be paid by the state - }
Enrolled Senate Bill 69 (SB 69-B) Page 11
from funds available for the purpose. The { + county shall pay
the + } compensation of a referee appointed by the judge of a
county court { - shall be paid by the county - } .
(2) The judge may direct that any case, or all cases of a class
designated by the judge, { - shall - } be processed or heard
in the first instance by a referee in the manner provided for the
hearing of cases by the court. Upon conclusion of the hearing in
each case, the referee shall transmit to the judge the findings,
recommendations or order in writing of the referee.
(3) { - Where - } { + When + } the referee conducts a
hearing, the persons entitled to request rehearing as provided in
subsection (7) of this section { - shall - } { + must + } be
notified of the referee's findings, recommendations or order,
together with a notice to the effect that a rehearing
{ - shall - } { + may + } be had before a judge if requested
within 10 days. A rehearing before a judge of the juvenile court
may be determined on the same evidence introduced before the
referee if a stenographic transcript of the proceedings was kept,
but, in any case, additional evidence may be presented.
(4) All orders of a referee { - shall - } become immediately
effective, subject to the right of review provided in this
section, and { - shall - } continue in full force and effect,
unless stayed by order of the referee or by a juvenile court
judge, until vacated or modified upon rehearing by order of a
judge of the juvenile court. Any order entered by a referee
{ - shall become - } { + becomes + } a final order of the
juvenile court upon expiration of 10 days following its entry,
unless a rehearing is ordered or requested.
(5) The judge of the juvenile court or, in counties having more
than one judge of the juvenile court, the presiding judge of the
juvenile court may establish requirements that any or all orders
of referees must be expressly approved by a judge of the juvenile
court before becoming effective.
(6) A judge of the juvenile court may, on the judge's own
motion, order a rehearing of any matter heard before a referee.
(7) At any time prior to the expiration of 10 days after the
entry of the order and findings of a referee into the court
register, a child, { + ward, youth, youth offender, + } the
parent, guardian, district attorney, Department of Human
Services, juvenile department or other party affected by the
order may request rehearing. The request for rehearing
{ - shall - } { + must + } be served upon all parties by the
party requesting the rehearing.
(8) All rehearings of matters heard before a referee shall be
heard expeditiously by a judge of the juvenile court within 30
days after the filing of the request, unless the court orders a
continuance. In no event { - shall - } { + may + } the
rehearing occur later than 45 days after the date of the filing
of the request. The rehearing { - shall be - } { + is + }
conducted de novo.
(9) Notwithstanding subsection (7) of this section, when a
referee finds that a { - child - } { + youth + } is not
within the jurisdiction of the court in a proceeding brought
under ORS 419C.005, the district attorney may not request a
rehearing.
SECTION 25. ORS 419A.170 is amended to read:
419A.170. (1) In every case { - involving an abused or
neglected child that results in a judicial proceeding in juvenile
court - } { + under ORS chapter 419B + }, the court shall
appoint a court appointed special advocate. The court appointed
Enrolled Senate Bill 69 (SB 69-B) Page 12
special advocate { - shall be - } { + is + } deemed a party
in these proceedings, and in the furtherance thereof, may be
represented by counsel, file pleadings and request hearings and
may subpoena, examine and cross-examine witnesses. If the court
appointed special advocate is represented by counsel, counsel
shall be paid from funds available to the Court Appointed Special
Advocate Volunteer Program. No funds from the State Indigent
Defense Fund or Judicial Department operating funds
{ - shall - } { + may + } be used for this purpose.
(2) Subject to the direction of the court, the duties of the
court appointed special advocate { - shall be - } { + are + }
to:
(a) Investigate all relevant information about the case;
(b) Advocate for the child { + or ward + }, ensuring that all
relevant facts are brought before the court;
(c) Facilitate and negotiate to ensure that the court, the
Department of Human Services, if applicable, and the
{ - child's - } { + child or ward's + } attorney, if any,
fulfill their obligations to the child { + or ward + } in a
timely fashion; and
(d) Monitor all court orders to ensure compliance and to bring
to the court's attention any change in circumstances that may
require a modification of the court's order.
(3) If a juvenile court does not have available to it a CASA
Volunteer Program, or a sufficient number of qualified CASA
volunteers, the court may, in fulfillment of the requirements of
this section, appoint a juvenile department employee or other
suitable person to represent the { - child's - } { + child or
ward's + } interest in court pursuant to ORS 419A.012 or
419B.195.
(4) Any person appointed as a court appointed special advocate
in any judicial proceeding on behalf of the child { - shall
be - } { + or ward is + } immune from any liability for
defamation or statements made in good faith by that person,
orally or in writing, in the course of the case review or
judicial proceeding.
(5) Any person appointed as a court appointed special advocate,
CASA Volunteer Program director, CASA Volunteer Program employee
or member of the board of directors or trustees of any CASA
Volunteer Program { - shall be - } { + is + } immune from any
liability for acts or omissions or errors in judgment made in
good faith in the course or scope of that person's duties or
employment as part of a CASA Volunteer Program.
(6) Whenever the court appoints a court appointed special
advocate or other person under subsections (1) to (3) of this
section to represent the child { + or ward + }, it may require a
parent, if able, or guardian of the estate, if the estate is
able, to pay, in whole or in part, the reasonable costs of CASA
services including reasonable attorney fees. The court's order of
payment
{ - shall be - } { + is + } enforceable in the same manner as
an order of support under ORS 419B.408.
(7) Upon presentation of the order of appointment by the court
appointed special advocate, any agency, hospital, school
organization, division, office or department of the state,
doctor, nurse or other health care provider, psychologist,
psychiatrist, police department or mental health clinic shall
permit the court appointed special advocate to inspect and copy
any records relating to the child or { - children - } { +
Enrolled Senate Bill 69 (SB 69-B) Page 13
ward + } involved in the case, without the consent of the
child { + , ward + } or { - children or - } parents.
(8) All records and information acquired or reviewed by a court
appointed special advocate during the course of official duties
{ - shall be - } { + are + } deemed confidential under ORS
419A.255.
(9) For the purposes of a Child Abuse Prevention and Treatment
Act (42 U.S.C. 5101 et seq.) grant to this state under Public Law
No. 93-247, or any related state or federal legislation, a court
appointed special advocate or other person appointed pursuant to
subsections (1) to (3) of this section
{ - shall be - } { + is + } deemed a guardian ad litem to
represent the interests of the { - minor - } { + child or
ward + } in proceedings before the court. Any provisions of this
section and ORS 419B.035 and 419B.045 that { - shall - } cause
this state to lose federal funding
{ - shall be considered - } { + are + } null and void.
(10) There is created a Court Appointed Special Advocate (CASA)
Fund in the General Fund. The fund { - shall consist - } { +
consists + } of all moneys credited { - thereto - } { + to
it + }. Moneys appropriated to the Court Appointed Special
Advocate Fund by this section and ORS 419B.035 and 419B.045 may
be used only to carry out the purposes of this section. The State
Commission on Children and Families may apply for and receive
funds from federal and private sources for carrying out the
provisions of this section and ORS 419B.035 and 419B.045.
(11) The state commission may expend moneys from the Court
Appointed Special Advocate Fund directly or indirectly through
contracts or grants for the creation, supervision and operation
of CASA Volunteer Programs statewide in accordance with the
provisions of ORS 419A.045 to 419A.048. The commission may also
expend moneys from the Court Appointed Special Advocate Fund to
pay the reasonable costs of its administration of the Court
Appointed Special Advocate Fund. The commission shall adopt rules
for carrying out its responsibilities under this section and ORS
419B.035 and 419B.045.
SECTION 26. ORS 419A.170, as amended by section 91, chapter
962, Oregon Laws 2001, is amended to read:
419A.170. (1) In every case { - involving an abused or
neglected child that results in a judicial proceeding in juvenile
court - } { + under ORS chapter 419B + }, the court shall
appoint a court appointed special advocate. The court appointed
special advocate { - shall be - } { + is + } deemed a party
in these proceedings, and in the furtherance thereof, may be
represented by counsel, file pleadings and request hearings and
may subpoena, examine and cross-examine witnesses. If the court
appointed special advocate is represented by counsel, counsel
shall be paid from funds available to the Court Appointed Special
Advocate Volunteer Program. No funds from the Public Defense
Services Account or Judicial Department operating funds
{ - shall - } { + may + } be used for this purpose.
(2) Subject to the direction of the court, the duties of the
court appointed special advocate { - shall be - } { + are + }
to:
(a) Investigate all relevant information about the case;
(b) Advocate for the child { + or ward + }, ensuring that all
relevant facts are brought before the court;
(c) Facilitate and negotiate to ensure that the court,
Department of Human Services, if applicable, and the
{ - child's - } { + child or ward's + } attorney, if any,
Enrolled Senate Bill 69 (SB 69-B) Page 14
fulfill their obligations to the child { + or ward + } in a
timely fashion; and
(d) Monitor all court orders to ensure compliance and to bring
to the court's attention any change in circumstances that may
require a modification of the court's order.
(3) If a juvenile court does not have available to it a CASA
Volunteer Program, or a sufficient number of qualified CASA
volunteers, the court may, in fulfillment of the requirements of
this section, appoint a juvenile department employee or other
suitable person to represent the { - child's - } { + child or
ward's + } interest in court pursuant to ORS 419A.012 or
419B.195.
(4) Any person appointed as a court appointed special advocate
in any judicial proceeding on behalf of the child { - shall
be - } { + or ward is + } immune from any liability for
defamation or statements made in good faith by that person,
orally or in writing, in the course of the case review or
judicial proceeding.
(5) Any person appointed as a court appointed special advocate,
CASA Volunteer Program director, CASA Volunteer Program employee
or member of the board of directors or trustees of any CASA
Volunteer Program { - shall be - } { + is + } immune from any
liability for acts or omissions or errors in judgment made in
good faith in the course or scope of that person's duties or
employment as part of a CASA Volunteer Program.
(6) Whenever the court appoints a court appointed special
advocate or other person under subsections (1) to (3) of this
section to represent the child { + or ward + }, it may require a
parent, if able, or guardian of the estate, if the estate is
able, to pay, in whole or in part, the reasonable costs of CASA
services including reasonable attorney fees. The court's order of
payment
{ - shall be - } { + is + } enforceable in the same manner as
an order of support under ORS 419B.408.
(7) Upon presentation of the order of appointment by the court
appointed special advocate, any agency, hospital, school
organization, division, office or department of the state,
doctor, nurse or other health care provider, psychologist,
psychiatrist, police department or mental health clinic shall
permit the court appointed special advocate to inspect and copy
any records relating to the child or { - children - } { +
ward + } involved in the case, without the consent of the
child { + , ward + } or { - children or - } parents.
(8) All records and information acquired or reviewed by a court
appointed special advocate during the course of official duties
{ - shall be - } { + are + } deemed confidential under ORS
419A.255.
(9) For the purposes of a Child Abuse Prevention and Treatment
Act (42 U.S.C. 5101 et seq.) grant to this state under Public Law
No. 93-247, or any related state or federal legislation, a court
appointed special advocate or other person appointed pursuant to
subsections (1) to (3) of this section
{ - shall be - } { + is + } deemed a guardian ad litem to
represent the interests of the { - minor - } { + child or
ward + } in proceedings before the court. Any provisions of this
section and ORS 419B.035 and 419B.045 that { - shall - } cause
this state to lose federal funding
{ - shall be considered - } { + are + } null and void.
(10) There is created a Court Appointed Special Advocate (CASA)
Fund in the General Fund. The fund { - shall consist - } { +
Enrolled Senate Bill 69 (SB 69-B) Page 15
consists + } of all moneys credited { - thereto - } { + to
it + }. Moneys appropriated to the Court Appointed Special
Advocate Fund by this section and ORS 419B.035 and 419B.045 may
be used only to carry out the purposes of this section. The State
Commission on Children and Families may apply for and receive
funds from federal and private sources for carrying out the
provisions of this section and ORS 419B.035 and 419B.045.
(11) The state commission may expend moneys from the Court
Appointed Special Advocate Fund directly or indirectly through
contracts or grants for the creation, supervision and operation
of CASA Volunteer Programs statewide in accordance with the
provisions of ORS 419A.045 to 419A.048. The commission may also
expend moneys from the Court Appointed Special Advocate Fund to
pay the reasonable costs of its administration of the Court
Appointed Special Advocate Fund. The commission shall adopt rules
for carrying out its responsibilities under this section and ORS
419B.035 and 419B.045.
SECTION 27. ORS 419A.190 is amended to read:
419A.190. Except as provided in ORS 153.108 (1), proceedings in
adult criminal court and other juvenile court adjudicatory
proceedings based on an act alleged in a petition or citation to
have been committed by a child { + , ward, youth or youth
offender + } or allegations arising out of the same conduct are
barred when the juvenile court judge or referee has begun taking
evidence in an adjudicatory hearing or has accepted a
{ - child's - } { + child, ward, youth or youth offender's + }
admission or answer of no contest to the allegations of the
petition or citation. This section { - shall - } { + does + }
not prevent appeal of any preadjudicatory order of the court
{ - which - } { + that + } could be appealed in a criminal
case, including, but not limited to, an order suppressing
evidence.
SECTION 28. ORS 419A.200 is amended to read:
419A.200. (1) Except as provided in ORS 419A.190, any person or
entity, including, but not limited to, a party to a juvenile
court proceeding under ORS 419B.875 (1) or 419C.285 (1), whose
rights or duties are adversely affected by a judgment of the
juvenile court may appeal therefrom. An appeal from a circuit
court { - shall - } { + must + } be taken to the Court of
Appeals, and an appeal from a county court { - shall - } { +
must + } be taken to the circuit court.
(2) If the proceeding is in the circuit court and no record of
the proceedings was kept, the court, on motion made not later
than 15 days after the entry of the court's judgment, shall grant
a rehearing and shall direct that a record of the proceedings be
kept. However, the court { - shall - } { + may + } not grant
a rehearing in a case barred by ORS 419A.190 without the consent
of the child { + , ward, youth or youth offender + } affected by
such case. If a rehearing is held, the time for taking an appeal
{ - shall run - } { + runs + } from the date of entry of the
court's judgment after the rehearing.
(3)(a) The appeal may be taken by causing a notice of appeal,
in the form prescribed by ORS 19.250, to be served:
(A) On all parties who have appeared in the proceeding;
(B) On the trial court administrator or other person serving as
clerk of the juvenile court; and
(C) On the juvenile court transcript coordinator, if a
transcript is designated in connection with the appeal.
(b) The original of the notice with proof of service
{ - shall - } { + must + } be filed with:
Enrolled Senate Bill 69 (SB 69-B) Page 16
(A) The Court of Appeals if the appeal is from a circuit court;
or
(B) The circuit court if the appeal is from a county court.
(c) The notice { - shall - } { + must + } be filed not
later than 30 days after the entry of the court's judgment. On
appeal from the county court, the circuit court shall hear the
matter de novo and its judgment { - shall be - } { + is + }
appealable to the Court of Appeals in the same manner as if the
proceeding had been commenced in the circuit court.
(4) The counsel in the proceeding from which the appeal is
being taken shall file and serve those documents necessary to
commence an appeal if the counsel is requested to do so by the
party the counsel represents.
(5)(a) Upon motion of a person, other than the state, entitled
to appeal under subsection (1) of this section, the appellate
court shall grant the person leave to file a notice of appeal
after the time limits described in subsection (3) of this section
if:
(A) The person shows a colorable claim of error in the
proceeding from which the appeal is taken; and
(B) The person shows that the failure to file a timely notice
of appeal is not personally attributable to the person.
(b) A person other than the state is not entitled to relief
under this subsection for failure to file timely notice of
cross-appeal when the state appeals pursuant to ORS 419A.208.
(c) The request for leave to file a notice of appeal after the
time limits prescribed in subsection (3) of this section must be
filed no later than 90 days after entry of the judgment being
appealed and must be accompanied by the notice of appeal sought
to be filed. A request for leave under this subsection may be
filed by mail and is deemed filed on the date of mailing if the
request is mailed as provided in ORS 19.260.
(d) The court may not grant relief under this subsection unless
the state has notice and opportunity to respond to the person's
request for relief.
(6) An appeal to the Court of Appeals { - shall - } { +
must + } be conducted in the same manner as an appeal under ORS
chapter 19 except that:
(a) The court shall advance the appeal on the court's docket in
the same manner as appeals in criminal cases; and
(b) The court's scope of review is de novo on the record.
(7)(a) Except as provided in ORS 419A.208 (2), or when
otherwise ordered by the appellate court, the filing of an appeal
does not suspend an order or judgment of the juvenile court nor
discharge the { - child - } { + ward or youth offender + }
from the custody of the person, institution or agency in whose
custody the { - child - } { + ward or youth offender + } may
have been placed nor preclude the juvenile court after notice and
hearing from entering such further orders relating to the
{ - child's - } { + ward or youth offender's + } custody
pending final disposition of the appeal as it finds necessary by
reason only of matters transpiring subsequent to the order or
judgment appealed from. The trial court administrator shall
immediately file certified copies of any such order or judgment
with the Court of Appeals.
(b) Notwithstanding the filing of an appeal from a
jurisdictional or dispositional judgment or an order entered
pursuant to ORS 419B.449 or 419B.476, the juvenile court may
proceed with the adjudication of a petition seeking termination
of the parental rights of a parent of the { - child - } { +
Enrolled Senate Bill 69 (SB 69-B) Page 17
ward + } who is subject to the judgment from which the appeal is
taken.
(c) The appeal of any judgment entered in a termination of
parental rights proceeding under paragraph (b) of this subsection
{ - shall - } { + must + } be consolidated, if appropriate,
with any pending appeal of an order or judgment entered under ORS
419B.325, 419B.449 or 419B.476. The consolidated appeal
{ - shall - } { + must + } be conducted and advanced on the
court's docket in the same manner as termination of parental
rights cases.
(8) On appeal of a judgment or final order, the appellate court
may review any interlocutory order that:
(a) Involves the merits or necessarily affects the judgment or
final order appealed from; and
(b) Was made after entry of the last appealable judgment or
final order preceding entry of the judgment or final order being
appealed.
(9) The district attorney or Attorney General shall represent
the state in the appeal.
SECTION 29. ORS 419A.205 is amended to read:
419A.205. (1) For the purpose of being appealed, the following
are judgments:
(a) A judgment finding a child { + or youth + } to be within
the jurisdiction of the court;
(b) A judgment disposing of a petition including, but not
limited to, a disposition under ORS 419B.325;
(c) Any final disposition of a petition; and
(d) A final order adversely affecting the rights or duties of a
party and made in a proceeding after judgment including, but not
limited to, a final order under ORS 419B.449 or 419B.476.
(2) An appeal from a judgment finding a child { + or youth + }
to be within the jurisdiction of the court does not deprive the
juvenile court of jurisdiction to proceed with a disposition of
the matter.
(3) If an appeal is taken from a judgment finding a child to be
within the jurisdiction of the court before the juvenile court
enters a judgment disposing of the matter under ORS 419B.325, any
necessary modification of the appeal must be made according to
the rules of the appellate court.
(4) When an appeal is taken from a judgment finding a child
{ + or youth + }to be within the jurisdiction of the court, if
the appellate court:
(a) Reverses the judgment, the judgment disposing of the matter
is reversed; or
(b) Modifies the judgment, a party may move for relief as
otherwise provided by law.
SECTION 30. ORS 419A.208 is amended to read:
419A.208. (1) In addition to the state's right to appeal under
ORS 419A.200, the state may appeal from any of the following
orders of a judge or referee:
(a) An order made prior to an adjudicatory hearing dismissing
or setting aside a delinquency petition;
(b) An order that sets aside a petition for delinquency if the
order is made after an adjudicatory hearing in which the
{ - juvenile - } { + youth + } is found to be within the
jurisdiction of the court;
(c) An order made prior to an adjudicatory hearing suppressing
or limiting evidence or refusing to suppress or limit evidence;
or
Enrolled Senate Bill 69 (SB 69-B) Page 18
(d) An order made prior to an adjudicatory hearing for the
return or restoration of things seized.
(2) If the state pursuant to subsection (1) of this section
appeals a preadjudicatory order, and the { - child - }
{ + youth + } is in detention in the same proceeding pursuant to
ORS 419C.109, 419C.136, 419C.139, 419C.170 and 419C.173, the
juvenile court shall consider release of the { - child - }
{ + youth + } from detention during the pendency of the appeal
in accordance with the following provisions:
(a) When the { - child - } { + youth + } is charged with an
act that would be murder if committed by an adult, release shall
be denied when the proof is evident or the presumption strong
that the { - child - } { + youth + } committed the act.
(b) The { - child - } { + youth + } shall be released upon
the { - child's - } { + youth's + } personal recognizance
unless release criteria show to the satisfaction of the juvenile
court that the { - child - } { + youth + } would not be
likely to appear before the court as ordered upon later
appearance dates and that such a release is therefore
unwarranted. Release criteria { - shall - } include the
following:
(A) The { - child's - } { + youth's + }education and
employment status and history and financial condition;
(B) The nature and extent of the { - child's - }
{ + youth's + } family relationships;
(C) The { - child's - } { + youth's + } past and present
residences;
(D) The names of persons who agree to assist the
{ - child - } { + youth + } in attending court at the proper
time;
(E) The nature of the current petition;
(F) The { - child's - } { + youth's + } juvenile record, if
any, and, if the { - child - } { + youth + } has previously
been released pending trial, whether the { - child - }
{ + youth + } appeared as required;
(G) Any facts indicating the possibility of violations of law
if the { - child - } { + youth + } is released without
restrictions;
(H) Any facts tending to indicate that the { - child - }
{ + youth + } has strong ties to the community; and
(I) Any other facts tending to indicate the likelihood that the
{ - child - } { + youth + } will appear before the court as
ordered upon later appearance dates.
(c) If the court finds that release of the { - child - }
{ + youth + } on the { - child's - } { + youth's + }
personal recognizance is unwarranted, it shall order conditional
release. The court may impose upon the released { - child - }
{ + youth + } one or more of the following conditions, but shall
impose the least onerous condition reasonably likely to ensure
the { - child's - } { + youth's + } later appearance:
(A) Release of the { - child - } { + youth + } into the
care of a parent or other responsible person or organization for
supervising the
{ - child - } { + youth + } and assisting the { - child - }
{ + youth + } in appearing in court. The supervisor shall
immediately notify the court in the event that the
{ - child - } { + youth + } breaches the terms of the
conditional release.
Enrolled Senate Bill 69 (SB 69-B) Page 19
(B) Reasonable restrictions on the activities, movements,
associations and residences of the { - child - } { +
youth + }.
(C) Any other reasonable restriction designed to ensure the
{ - child's - } { + youth's + } appearance.
SECTION 31. ORS 419A.211 is amended to read:
419A.211. (1) If the child, { + ward, youth, youth
offender, + } parent or guardian is shown to be without
sufficient financial means to employ suitable counsel possessing
skills and experience commensurate with the nature and complexity
of the case to represent the person in an appeal as provided in
ORS 419A.200 and 419A.208, the court, upon request of the person
or upon its own motion, shall appoint suitable counsel to
represent the person. Counsel appointed by the court shall be
paid compensation determined by the appellate court as provided
in ORS 135.055 if the circuit court is the appellate court or as
provided in ORS 138.500 if the Court of Appeals or the Supreme
Court is the appellate court.
(2)(a) When the court appoints counsel to represent the child,
{ + ward, youth or youth offender, + } it may require the
parent, if able, or guardian of the estate, if the estate is
able, to pay to the State Court Indigent Defense Account in the
General Fund in full or in part the administrative costs of
determining the ability of the parents or estate to pay for legal
services and the costs of the legal and other services that are
related to the provision of appointed counsel.
(b) The test of the parent's or estate's ability to pay costs
under paragraph (a) of this subsection { - shall be - } { +
is + } the same test as applied to appointment of counsel for
defendants under ORS 135.050. If counsel is provided at state
expense, the court shall apply this test in accordance with the
rules of the State Court Administrator adopted under ORS 151.487.
(c) If counsel is provided at state expense, the court shall
determine the amount the parents or estate { - shall be - }
{ + is + } required to pay for the costs of administrative,
legal and other services related to the provision of appointed
counsel in the same manner as this amount is determined under ORS
151.487.
(d) The court's order of payment { - shall be - } { +
is + } enforceable in the same manner as an order of support
under ORS 419B.408 and 419C.600.
(3) When the court appoints counsel and the child, { + ward,
youth, youth offender, + } parent or guardian is without
sufficient financial means to employ counsel, the compensation
for counsel and costs and expenses necessary to the appeal shall
be allowed and paid as provided in ORS 135.055 if the circuit
court is the appellate court or as provided in ORS 138.500 if the
Court of Appeals or the Supreme Court is the appellate court.
SECTION 32. ORS 419A.211, as amended by section 56, chapter
962, Oregon Laws 2001, is amended to read:
419A.211. (1) If the child, { + ward, youth, youth
offender, + } parent or guardian is determined to be entitled to,
and financially eligible for, appointment of counsel at state
expense in an appeal as provided in ORS 419A.200 and 419A.208,
the court, upon request of the person or upon its own motion,
shall appoint suitable counsel to represent the person. Counsel
appointed by the court shall be paid compensation determined by
the public defense services executive director as provided in ORS
135.055 if the circuit court is the appellate court or as
Enrolled Senate Bill 69 (SB 69-B) Page 20
provided in ORS 138.500 if the Court of Appeals or the Supreme
Court is the appellate court.
(2)(a) When the court appoints counsel to represent the child,
{ + ward, youth or youth offender, + } it may order the parent,
if able, or guardian of the estate, if the estate is able, to pay
to the Public Defense Services Account in the General Fund,
through the clerk of the court, in full or in part the
administrative costs of determining the ability of the parents or
estate to pay for legal services and the costs of the legal and
other services that are related to the provision of appointed
counsel.
(b) The test of the parent's or estate's ability to pay costs
under paragraph (a) of this subsection is the same test as
applied to appointment of counsel for defendants under ORS
151.216. If counsel is provided at state expense, the court shall
apply this test in accordance with the guidelines adopted by the
Public Defense Services Commission under ORS 151.485.
(c) If counsel is provided at state expense, the court shall
determine the amount the parents or estate is required to pay for
the costs of administrative, legal and other services related to
the provision of appointed counsel in the same manner as this
amount is determined under ORS 151.487.
(d) The court's order of payment is enforceable in the same
manner as an order of support under ORS 419B.408 and 419C.600.
(3) When the court appoints counsel and the child, { + ward,
youth, youth offender, + } parent or guardian has been determined
to be entitled to, and financially eligible for, appointed
counsel at state expense, the compensation for counsel and costs
and expenses necessary to the appeal shall be determined and paid
as provided in ORS 135.055 if the circuit court is the appellate
court or as provided in ORS 138.500 if the Court of Appeals or
the Supreme Court is the appellate court.
SECTION 33. ORS 419A.250 is amended to read:
419A.250. (1) A child { + , ward, youth + } or youth
{ + offender + } may be photographed or fingerprinted by a law
enforcement agency:
(a) Pursuant to a search warrant;
(b) According to laws concerning adults if the youth has been
transferred to criminal court for prosecution;
(c) Upon consent of both the child or youth and the
{ - child's - } { + child + } or youth's parent after advice
that they are not required to give such consent;
(d) Upon request or consent of the child's parent alone if the
child is less than 10 years of age, and if the law enforcement
agency delivers the original photographs or fingerprints to the
parent and does not make or retain any copies thereof; or
(e) By order of the juvenile court.
(2) When a youth is taken into custody under ORS 419C.080, the
law enforcement agency taking the youth into custody shall
photograph and fingerprint the youth. When a youth is found
within the jurisdiction of the juvenile court for the commission
of an act that would constitute a crime if committed by an adult,
the court shall ensure that the { - youth's - } { + youth
offender's + } fingerprints have been taken. The law enforcement
agency attending upon the court is the agency responsible for
obtaining the fingerprints. The law enforcement agency attending
upon the court may, by agreement, arrange for another law
enforcement agency to obtain the fingerprints on the attending
agency's behalf.
(3) Fingerprint and photograph files or records of children
Enrolled Senate Bill 69 (SB 69-B) Page 21
{ - shall - } { + , wards, youths and youth offenders must + }
be kept separate from those of adults, and fingerprints and
photographs known to be those of a child { - shall - } { +
may + } be maintained on a local basis only and { + may + } not
sent to a central state or federal depository.
(4) Fingerprint and photograph files or records of a
child { + , + }
{ - shall be - } { + ward, youth or youth offender are + }
open to inspection only by, or the contents disclosed only to,
the following:
(a) Public agencies for use in investigation or prosecution of
crimes and of conduct by a child { + , + } { - which - } { +
ward, youth or youth offender that + } if committed by an adult
would be an offense, provided that a law enforcement agency may
provide information to another agency only when the information
is pertinent to a specific investigation by that agency;
(b) The juvenile department and the juvenile court having the
child { + , ward, youth or youth offender + } before it in any
proceeding;
(c) Caseworkers and counselors taking action or otherwise
responsible for planning and care of the child { + , ward, youth
or youth offender + };
(d) The parties to the proceeding and their counsel; and
(e) The victim or a witness of an act or behavior described
under ORS 419C.005 (1) or the victim's parent, guardian, personal
representative or subrogee, when necessary to identify the
{ - child - } { + youth or youth offender + } committing the
act or behavior and identifying the apparent extent of the
{ - child's - } { + youth or youth offender's + } involvement
in the act or behavior.
(5)(a) Fingerprint and photograph files or records of youths
{ - shall - } { + and youth offenders must + } be sent to a
central state depository in the same manner as fingerprint and
photograph files or records of adults. The fingerprint and
photograph files or records of a youth { + or youth offender + }
sent to a central depository under this subsection { - shall
be - } { + are + } open to inspection in the same manner and
under the same circumstances as fingerprint and photograph files
or records of adults.
(b) A party filing a petition alleging that a youth is within
the jurisdiction of the court under ORS 419C.005 shall notify the
central state depository of the following:
(A) The filing of a petition alleging that a youth committed an
act that if committed by an adult would constitute a crime; or
(B) The dismissal of a petition alleging that a youth committed
an act that if committed by an adult would constitute a crime.
(c) The juvenile court shall notify the central state
depository of the disposition of a case in which jurisdiction is
based on ORS 419C.005.
(d) The Department of State Police shall delete the fingerprint
and photograph files or records of a youth { + or youth
offender + } from the depository and destroy the files or records
relating to the conduct that caused the files or records to be
sent to the depository:
(A) One year after receiving the files, if the central state
depository has not received notice under paragraph (b) of this
subsection;
(B) No later than one year following receipt of a notice of
dismissal of a petition under paragraph (b)(B) of this
subsection; or
Enrolled Senate Bill 69 (SB 69-B) Page 22
(C) In all other circumstances, no later than five years and 30
days after fingerprint and photograph files or records are sent
to the central state depository.
(6) Fingerprint and photograph files and records of a
child { + , ward, youth + } or youth { - shall - }
{ + offender must + } be expunged when the juvenile court orders
expunction of a { - child's or youth's - } { + child, ward,
youth or youth offender's + } record pursuant to ORS 419A.260 and
419A.262.
(7) The parent or guardian of a missing child may submit a
fingerprint card and photograph of the child to a law enforcement
agency at the time a missing person report is made. The law
enforcement agency may submit the fingerprint file to the
Department of State Police Bureau of Criminal Identification. The
information { - shall - } { + must + } be entered into the
Law Enforcement Data System and the Western Identification
Network Automated Fingerprint Identification System.
(8) When fingerprint files or records are submitted under
subsection (7) of this section, the Department of State Police
shall enter in a special index in the computerized criminal
history files the name of the child and the name of the county or
agency that submitted the fingerprint file or record.
(9) Fingerprints and other information entered in any data
system pursuant to subsection (7) of this section { - shall - }
{ + must + } be deleted when the child is located.
SECTION 34. ORS 419A.255 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
Enrolled Senate Bill 69 (SB 69-B) Page 23
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,
Enrolled Senate Bill 69 (SB 69-B) Page 24
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.
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 143, 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
Enrolled Senate Bill 69 (SB 69-B) Page 25
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 + };
Enrolled Senate Bill 69 (SB 69-B) Page 26
(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).
Enrolled Senate Bill 69 (SB 69-B) Page 27
SECTION 34b. If House Bill 2091 becomes law, ORS 419B.851, as
amended by section 5, chapter 143, 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
Enrolled Senate Bill 69 (SB 69-B) Page 28
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.
SECTION 35. 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
{ + 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 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 { + 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 + } and aids the court in carrying out the
purposes of this chapter;
Enrolled Senate Bill 69 (SB 69-B) Page 29
(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 { + or ward + };
(b) The intervention is in the best interests of the child { +
or ward + };
(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 { + or
ward + }; and
(e) The existing parties cannot adequately protect the best
interests of the child { + or ward + } 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 { + or
ward + }.
(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 { + or
ward + }.
(c) 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 + }.
(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.
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.
Enrolled Senate Bill 69 (SB 69-B) Page 30
(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 + };
Enrolled Senate Bill 69 (SB 69-B) Page 31
(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.
SECTION 36. ORS 419B.118 is amended to read:
419B.118. (1) Subject to the provisions of subsections (2), (3)
and (4) of this section, a juvenile court proceeding shall
commence in the county of wardship if, at the commencement of the
proceeding, wardship exists as a result of proceedings under this
chapter, or, in the absence of such wardship, in the county where
the child resides.
(2) If the proceeding is based on allegations of jurisdiction
under ORS 419B.100 (1)(a), (b) or (c), the proceeding may also
commence in the county in which the alleged act or behavior took
place.
(3) If the proceeding is based on allegations of jurisdiction
under ORS 419B.100 (1)(b), (c), (d), (e) or (f), the proceedings
may also commence in the county where the child is present when
the proceeding begins.
(4) A termination of parent-child relationship proceeding may
be commenced in the county { - where the child has been held
previously to be within the jurisdiction of the court - } { +
of wardship + } or where the child { + or ward + } resides or is
found unless the child is an Indian child subject to the Indian
Child Welfare Act and the tribal court has assumed jurisdiction.
SECTION 37. ORS 419B.127 is amended to read:
Enrolled Senate Bill 69 (SB 69-B) Page 32
419B.127. If a proceeding is initiated in a court of a county
other than the county in which the child resides, that court, on
its own motion or on the motion of a party made at any time prior
to disposition, shall transfer the proceeding to the court of the
county of the child's residence for such further proceeding as
the receiving court finds proper. A like transfer may be made if
the residence of { - the - } { + a + } child { + or ward + }
changes during the proceeding, or if the { - child - } { +
ward + } has been adjudicated within the jurisdiction of the
court { - where - } { + when + } the proceeding is initiated
on grounds specified in ORS 419B.100 (1)(b) or (c) and other
proceedings involving the { - child - } { + ward + } are
pending in the county of the { - child's - } { + ward's + }
residence. Certified copies of the court records pertaining to
the immediate proceeding shall accompany the case on transfer.
SECTION 38. ORS 419B.132 is amended to read:
419B.132. (1) { - Where - } { + When + } a proceeding is
pending in the juvenile court of any county, the juvenile court
of that county may authorize the juvenile court of any other
county to do one or both of the following, { - where - } { +
when + } it will facilitate the disposition of the case without
adverse effect on the interests of the child { + or ward + }:
(a) To conduct a hearing into the facts alleged to bring the
child within the jurisdiction of the juvenile court, to determine
the facts and to certify its findings to the court in which the
case is pending.
(b) To assume jurisdiction over the case and administer
protection supervision of the { - child, where - } { + ward,
when + } the court in which the proceeding is pending:
(A) Finds that the { - child - } { + ward + } has moved to
the other county or orders as part of its disposition of the
proceeding that legal custody of the { - child - } { +
ward + } be given to a person residing in the other county; and
(B) Is advised that the court of the other county will accept
{ + the wardship and + } jurisdiction of the case. { + The
county accepting wardship and jurisdiction shall pay + } the cost
of administering
{ - probation or - } protective supervision of the { - child
shall be paid by the county accepting jurisdiction - } { +
ward + }, unless the transferring and receiving counties
otherwise agree. { + The county transferring jurisdiction shall
pay + } the cost of transporting the
{ - child shall be paid by the county transferring
jurisdiction - } { + ward + }, unless the transferring and
receiving counties otherwise agree.
(2) { - Where - } { + When + } the juvenile court of one
county is authorized by the juvenile court of another county to
conduct a hearing into facts as provided in this section or ORS
419B.130, the facts so found and certified may be taken as
established by the court of the county authorizing the hearing
and, if adopted by written order of the latter court, form a part
of its record in the case.
SECTION 39. ORS 419B.135 is amended to read:
419B.135. If the child { + or ward + } who is the subject of
the proceeding is, at the time of a transfer or temporary
transfer provided for in ORS 419B.127, 419B.130 and 419B.132, in
{ - detention or - } shelter care or for other reason needs
transportation to the other county, the county in which the child
{ + or ward + } resides shall make such order or provision for
the transportation and safekeeping of the child { + or ward + }
Enrolled Senate Bill 69 (SB 69-B) Page 33
as is appropriate in the circumstances, including an order
directing any peace officer of the county in which the child
{ + or ward + } resides to transfer the child { + or ward + }
in the manner directed.
SECTION 40. ORS 419B.160 is amended to read:
419B.160. (1) { - No child shall - } { + A child or ward
may not + } be detained at any time in a police station, jail,
prison or other place where adults are detained, except that a
child { + or ward + } may be detained in a police station for up
to five hours when necessary to obtain the { - child's - }
{ + child or ward's + } name, age, residence and other
identifying information.
(2) All peace officers shall keep a record of children taken
into protective custody and shall promptly notify the juvenile
court or counselor of all children taken into protective custody.
(3) As soon as practicable after the child is taken into
custody, the person taking the child into custody shall notify
the child's parent, guardian or other person responsible for the
child. The notice shall inform the parent, guardian or other
person of the action taken and the time and place of the hearing.
SECTION 41. ORS 419B.183 is amended to read:
419B.183. { - No child shall - } { + A child or ward may
not + } be held in detention or shelter care more than 24 hours,
excluding Saturdays, Sundays and judicial holidays, except on
order of the court made pursuant to a hearing.
SECTION 42. ORS 419B.185 is amended to read:
419B.185. (1) When { - the - } { + a + } child { + or
ward + } is taken, or is about to be taken, into protective
custody pursuant to ORS { + 419B.150, + } 419B.160, 419B.165,
419B.168 and 419B.171 and placed in detention or shelter care, a
parent { + , + } { - or - } child { + or ward + } 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 { + or ward + } 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
Department of Human Services 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 { + or ward + }
from the home and to make it possible for the child { + or
ward + } 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 department 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 department.
(b) In determining whether a child { + or ward + } 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 department 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
{ + or ward + } from the home and to make it possible for the
child { + or ward + } to safely return home, the court shall
Enrolled Senate Bill 69 (SB 69-B) Page 34
consider the { - child's - } { + child or ward'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 interests of the
child { + or ward + } that the child { + or ward + } be removed
from the home or continued in care.
(e) The court shall determine whether the child { + or
ward + } 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 department shall
present written documentation to the court outlining the
reasonable or active efforts made to prevent taking the child
{ + or ward + } into protective custody and to provide services
to make it possible for the child { + or ward + } to safely
return home and why protective custody is in the best interests
of the child { + or ward + }.
SECTION 43. ORS 419B.192 is amended to read:
419B.192. (1) If the court finds that a child { + or ward + }
is in need of placement or continuation in substitute care, there
shall be a preference given to placement with relatives and
persons who have a child-parent relationship with the child
{ + or ward + } as defined in ORS 109.119. The Department of
Human Services shall make reasonable efforts to place the child
{ + or ward + } with such persons and shall report to the court
what efforts were made to effectuate such a placement.
(2) In attempting to place the child { + or ward + } pursuant
to subsection (1) of this section, the department shall consider,
but not be limited to, the following:
(a) The ability of the person being considered to provide
safety for the child { + or ward + }, including a willingness to
cooperate with any restrictions placed on contact between the
child { + or ward + } and others, and to prevent anyone from
influencing the child { + or ward + } in regard to the
allegations of the case;
(b) The ability of the person being considered to support the
efforts of the department to implement the permanent plan for the
child { + or ward + };
(c) The ability of the person being considered to meet the
{ - child's - } { + child or ward's + } physical, emotional
and educational needs; and
(d) Which person has the closest existing personal relationship
with the child { + or ward + } if more than one person requests
to have the child { + or ward + } placed with them pursuant to
this section.
(3) Notwithstanding subsections (1) and (2) of this section, in
cases where the Indian Child Welfare Act applies, the placement
preferences of the Indian Child Welfare Act shall be followed.
SECTION 44. ORS 419B.195 is amended to read:
419B.195. (1) If the child, { + ward, + } { - the - }
parent or guardian requests counsel for the child { + or
ward + } but is without sufficient financial means to employ
suitable counsel possessing skills and experience commensurate
with the nature of the petition and the complexity of the case,
the court may appoint suitable counsel to represent the
child { + or ward + }. Whenever requested to do so, the court
shall appoint counsel to represent the child { + or ward + } in
every case filed pursuant to ORS 419B.100.
(2) Upon presentation of the order of appointment under this
section by the attorney for the child { + or ward + }, any
Enrolled Senate Bill 69 (SB 69-B) Page 35
agency, hospital, school organization, division or department of
the state, doctor, nurse or other health care provider,
psychologist, psychiatrist, police department or mental health
clinic shall permit the attorney to inspect and copy any records
of the child or { - children - } { + ward + } involved in the
case, without the consent of the child or { - children - }
{ + ward + } or parents. This subsection does not apply to
records of a police agency relating to an ongoing investigation
prior to charging.
SECTION 45. ORS 419B.195, as amended by section 43, chapter
962, Oregon Laws 2001, is amended to read:
419B.195. (1) If the child, { + ward, + } { - the - }
parent or guardian requests counsel for the child { + or
ward + } but is without sufficient financial means to employ
suitable counsel possessing skills and experience commensurate
with the nature of the petition and the complexity of the case,
the court may appoint suitable counsel to represent the child
{ + or ward + } at state expense if the child { + or ward + }
is determined to be financially eligible under rules of the
Public Defense Services Commission. Whenever requested to do so,
the court shall appoint counsel to represent the child { + or
ward + } in a case filed pursuant to ORS 419B.100.
(2) Upon presentation of the order of appointment under this
section by the attorney for the child { + or ward + }, any
agency, hospital, school organization, division or department of
the state, doctor, nurse or other health care provider,
psychologist, psychiatrist, police department or mental health
clinic shall permit the attorney to inspect and copy any records
of the child or { - children - } { + ward + } involved in the
case, without the consent of the child or { - children - }
{ + ward + } or parents. This subsection does not apply to
records of a police agency relating to an ongoing investigation
prior to charging.
SECTION 46. ORS 419B.198 is amended to read:
419B.198. (1) { - Where - } { + When + } the court appoints
counsel to represent the child { + or ward + }, it may require
the parent, if able, or guardian of the estate, if the estate is
able, to pay to the State Court Indigent Defense Account in the
General Fund in full or in part the administrative costs of
determining the ability of the parents or estate to pay for legal
services and the costs of the legal and other services that are
related to the provision of appointed counsel.
(2) The test of the parent's or estate's ability to pay costs
under subsection (1) of this section { - shall be - } { +
is + } the same test as applied to appointment of counsel for
defendants under ORS 135.050. If counsel is provided at state
expense, the court shall apply this test in accordance with the
rules of the State Court Administrator adopted under ORS 151.487.
(3) If counsel is provided at state expense, the court shall
determine the amount the parents or estate shall be required to
pay for the costs of administrative, legal and other services
related to the provision of appointed counsel in the same manner
as this amount is determined under ORS 151.487.
(4) The court's order of payment { - shall be - } { +
is + } enforceable in the same manner as an order of support
under ORS 419B.408.
SECTION 47. ORS 419B.198, as amended by section 44, chapter
962, Oregon Laws 2001, is amended to read:
419B.198. (1) When the court appoints counsel to represent a
child { + or ward + }, it may order the parent, if able, or
Enrolled Senate Bill 69 (SB 69-B) Page 36
guardian of the estate, if the estate is able, to pay to the
Public Defense Services Account in the General Fund, through the
clerk of the court, in full or in part the administrative costs
of determining the ability of the parents or estate to pay for
legal services and the costs of the legal and other services that
are related to the provision of appointed counsel.
(2) The test of the parent's or estate's ability to pay costs
under subsection (1) of this section is the same test as applied
to appointment of counsel for defendants under ORS 135.050 or
under the rules adopted under ORS 151.216. If counsel is provided
at state expense, the court shall apply this test in accordance
with the guidelines adopted by the Public Defense Services
Commission under ORS 151.485.
(3) If counsel is provided at state expense, the court shall
determine the amount the parents or estate is required to pay for
the costs of administrative, legal and other services related to
the provision of appointed counsel in the same manner as this
amount is determined under ORS 151.487.
(4) The court's order of payment is enforceable in the same
manner as an order of support under ORS 419B.408.
SECTION 48. ORS 419B.201 is amended to read:
419B.201. { - Where - } { + When + } the court appoints
counsel for the child { + or ward + } and the child, { +
ward, + } parent or guardian is without sufficient financial
means to employ counsel, the compensation for counsel and
reasonable expenses of investigation, preparation and
presentation paid or incurred shall be allowed and paid as
provided in ORS 135.055.
SECTION 49. ORS 419B.201, as amended by section 45, chapter
962, Oregon Laws 2001, is amended to read:
419B.201. When the court appoints counsel for the child { + or
ward + } and the child { + or ward + } is determined to be
entitled to, and financially eligible for, appointment of counsel
at state expense, and the parent or guardian is without
sufficient financial means to employ counsel, the compensation
for counsel and reasonable expenses of investigation, preparation
and presentation paid or incurred shall be allowed and paid as
provided in ORS 135.055.
SECTION 50. ORS 419B.208 is amended to read:
419B.208. Appointment of counsel for the child { + , ward + }
or parent is subject to ORS 135.055, 151.430 to 151.480 and
applicable contracts entered into by the State Court
Administrator under ORS 151.460.
SECTION 51. ORS 419B.208, as amended by section 47, chapter
962, Oregon Laws 2001, is amended to read:
419B.208. Appointment of counsel for the child { + , ward + }
or parent is subject to ORS 135.055, 151.216 and 151.219.
SECTION 52. ORS 419B.223 is amended to read:
419B.223. A person that is appointed surrogate for a
{ - dependent child - } { + ward + } has the duty and
authority to protect the due process rights of the
{ - child - } { + ward + } with respect to the provision of
free appropriate public education. A surrogate appointed by the
court shall immediately apply to the attending school district
for an evaluation of the { - child's - } { + ward's + }
eligibility for special education and shall participate in the
development of the { - child's - } { + ward's + } educational
plan as provided in ORS chapter 343. The duties and
responsibilities of the surrogate shall continue until whichever
of the following occurs first:
Enrolled Senate Bill 69 (SB 69-B) Page 37
(1) The { - child - } { + ward + } is 21 years of age;
(2) The { - child - } { + ward + } is determined to be no
longer eligible for special education; or
(3) The juvenile court terminates wardship { - of the
child - } and determines that the child's parent or guardian is
both known and available to protect the special educational
rights of the child.
SECTION 53. ORS 419B.325 is amended to read:
419B.325. (1) At the termination of the hearing or hearings in
the proceeding, the court shall enter an appropriate order
directing the disposition to be made of the case.
(2) For the purpose of determining proper disposition of the
{ - child - } { + ward + }, testimony, reports or other
material relating to the
{ - child's - } { + ward's + } mental, physical and social
history and prognosis may be received by the court without regard
to their competency or relevancy under the rules of evidence.
SECTION 54. ORS 419B.328 is amended to read:
419B.328. (1) { + The court shall make + } a child found to be
within the jurisdiction of the court as provided in ORS 419B.100
{ - , may be made - } a ward of the court.
(2) The court's wardship { - over a child found to be within
the jurisdiction of the court as provided in ORS 419B.100 - }
continues, and the { - child - } { + ward + } is subject to
the court's jurisdiction, until one of the following occurs:
(a) The court dismisses the petition concerning the
{ - child - } { + ward + };
(b) The court transfers jurisdiction over the { - child - }
{ + ward + } as provided in ORS 419B.127, 419B.130 and
419B.132;
(c) The court enters an order terminating the wardship;
(d) A decree of adoption of the { - child - } { + ward + }
is entered by a court of competent jurisdiction; or
(e) The { - child - } { + ward + } becomes 21 years of age.
SECTION 55. ORS 419B.331 is amended to read:
419B.331. { - Where a child has been found to be within its
jurisdiction, and - } When the court determines it would be in
the best interest and welfare of { - the child - } { + a
ward + }, the court may place the { - child - } { + ward + }
under protective supervision. The court may direct that the
{ - child - } { + ward + } remain in the legal custody of the
{ - child's - } { + ward's + } parents or other person with
whom the { - child - } { + ward + } is living, or the court
may direct that the { - child - } { + ward + } be placed in
the legal custody of some relative or some person maintaining a
foster home approved by the court, or in a child care center or a
youth care center authorized to accept the
{ - child - } { + ward + }. The court may specify particular
requirements to be observed during the protective supervision
consistent with recognized juvenile court practice, including but
not limited to restrictions on visitation by the
{ - child's - } { + ward's + } parents, restrictions on the
{ - child's - } { + ward's + } associates, occupation and
activities, restrictions on and requirements to be observed by
the person having the { - child's - } { + ward's + } legal
custody, and requirements for visitation by and consultation with
a juvenile counselor or other suitable counselor.
SECTION 56. ORS 419B.334 is amended to read:
419B.334. { - Where a child has been found to be within its
jurisdiction, and - } When the court determines it would be in
Enrolled Senate Bill 69 (SB 69-B) Page 38
the best interest and welfare of { - the child - } { + a
ward + }, the court may, if there is an interstate compact or
agreement or an informal arrangement with another state
permitting the { - child - } { + ward + } to reside in
another state while under protective supervision, or to be placed
in an institution or with an agency in another state, place the
{ - child - } { + ward + } under protective supervision in
such other state.
SECTION 57. ORS 419B.337 is amended to read:
419B.337. (1) { - When a child has been found to be within
its jurisdiction, and - } When the court determines it would be
in the best interest and for the welfare of { - the child - }
{ + a ward + }, the court may place the { - child - } { +
ward + } in the legal custody of the Department of Human Services
for care, placement and supervision. When the court enters an
order removing a { - child - } { + ward + } from the
{ - child's - } { + ward's + } home or an order continuing
care, the court shall make a written finding as to whether:
(a) Removal of the { - child - } { + ward + } from the
{ - child's - } { + ward's + } home or continuation of care is
in the best interest and for the welfare of the { - child - }
{ + ward + }; and
(b) Reasonable efforts, considering the circumstances of the
{ - child - } { + ward + } and parent, have been made to
prevent or eliminate the need for removal of the { - child - }
{ + ward + } from the home or to make it possible for the
{ - child - } { + ward + } to safely return home. In making
this finding, the court shall consider the { - child's - }
{ + ward's + } health and safety the paramount concerns.
(2) The court may specify the particular type of care,
supervision or services to be provided by the department to
{ - children - } { + wards + } placed in the department's
custody and to the parents or guardians of { - such
children - } { + the wards + }, but the actual planning and
provision of such care, supervision or services
{ - shall be - } { + is + } the responsibility of the
department. The department may place the { - child - } { +
ward + } in a child care center authorized to accept the
{ - child - } { + ward + }.
(3) Uniform commitment blanks, in a form approved by the
Director of Human Services, shall be used by all courts for
placing { - children - } { + wards + } in the legal custody
of the department.
(4) If the { - child - } { + ward + } has been placed in
the custody of the department, the court shall make no commitment
directly to any residential facility, but shall cause the
{ - child - } { + ward + } to be delivered into the custody of
the department at the time and place fixed by rules of the
department. { - No child so committed shall - } { + A ward so
committed may not + } be placed in a Department of Corrections
institution.
SECTION 58. ORS 419B.340 is amended to read:
419B.340. (1) If the court awards custody to the Department of
Human Services, { + the court shall include in + } the
disposition order { - shall include - } a determination
whether the department 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 - } { +
ward + } from the home. If the { - child - } { + ward + } has
been removed prior to the entry of the order, the order shall
Enrolled Senate Bill 69 (SB 69-B) Page 39
also include a determination whether the department has made
reasonable or active efforts to make it possible for the
{ - child - } { + ward + } to safely return home. In making
the determination under this subsection, the court shall consider
the { - child's - } { + ward's + } health and safety the
paramount concerns.
(2) In support of its determination whether reasonable or
active efforts have been made by the department, 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 - } { + When + } the first contact with the
family has occurred during an emergency in which the
{ - child - } { + ward + } could not remain without jeopardy
at home even with reasonable services being provided, the
department shall be considered to have made reasonable or active
efforts to prevent or eliminate the need for removal.
(4) { - Where - } { + When + } 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 - } { + ward + } to remain without jeopardy at
home, the court may authorize or continue the removal of the
{ - child - } { + ward + }.
(5) If a court determines that one of the following
circumstances exist, the juvenile court may make a finding that
the department is not required to make reasonable efforts to make
it possible for the { - child - } { + ward + } 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 - } { + ward + }
as described in ORS 419B.100 (1)(e); or
(G) The parent has unlawfully caused the death of the other
parent of the { - child - } { + ward + };
(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.
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 - } { + ward + } or another child of the
parent; or
Enrolled Senate Bill 69 (SB 69-B) Page 40
(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
department is not required to make reasonable efforts to prevent
or eliminate the need for removal of the { - child - } { +
ward + } from the home or to make it possible for the
{ - child - } { + ward + } to safely return home, and the
department 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 - } { + When + } an Indian child is involved,
the department 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 { + not + } 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 59. ORS 419B.343 is amended to read:
419B.343. (1) To ensure effective planning for
{ - children - } { + 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
{ - child - } { + ward + } within the court's jurisdiction
under ORS 419B.100;
(b) Incorporates the perspective of the { - child - } { +
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
(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 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 - } { + 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 { - child - } { + ward + } to safely return home within a
reasonable time.
SECTION 60. ORS 419B.346 is amended to read:
419B.346. Whenever a { - child - } { + ward + } who is in
need of medical care or other special treatment by reason of
physical or mental condition is placed in the custody of the
Department of Human Services by the juvenile court, the
department shall prepare a plan for care or treatment within 14
days after assuming custody of the { - child - } { +
Enrolled Senate Bill 69 (SB 69-B) Page 41
ward + }. The court may indicate in general terms the type of
care which it regards as initially appropriate. A copy of the
plan, including a time schedule for its implementation, shall be
sent to the juvenile court { - which - } { + that + }
committed the { - child - } { + ward + } to the department.
The court may at any time request regular progress reports on
implementation of the plan. The department shall notify the court
when the plan is implemented, and shall report to the court
concerning the progress of the { - child - } { + ward + }
annually thereafter. If the plan is subsequently revised, the
department shall notify the court of the revisions and the
reasons
{ - therefor - } { + for the revisions + }.
SECTION 61. ORS 419B.349 is amended to read:
419B.349. Commitment of a child { + or ward + } to the
Department of Human Services does not terminate the court's
continuing jurisdiction to protect the rights of the child
{ + or ward + } or the
{ - child's - } { + child or ward's + } parents or guardians.
Notwithstanding ORS 419B.337 (4), if upon review of a placement
of a child { + or ward + } made by the department the court
determines that the placement is not in the best interest of the
child { + or ward + }, the court may direct the department to
place the child { + or ward + } in foster care, residential
care, group care or some other specific type of residential
placement, but unless otherwise required by law, the court may
not direct a specific placement. The actual planning and
placement of the child { + or ward + } is the responsibility of
the department. Nothing in this section affects any contractual
right of a private agency to refuse or terminate a placement.
SECTION 62. ORS 419B.352 is amended to read:
419B.352. The court may direct that the child { + or ward + }
be examined or treated by a physician, psychiatrist or
psychologist, or receive other special care or treatment in a
hospital or other suitable facility. If the court determines that
mental health examination and treatment should be provided by
services delivered through the Department of Human Services, the
department shall determine the appropriate placement or services
in consultation with the court and other affected agencies. If an
affected agency objects to the type of placement or services, the
court shall determine the appropriate type of placement or
service. During the examination or treatment of the child { + or
ward + }, the department may, if appropriate, be appointed
guardian of the child { + or ward + }.
SECTION 63. ORS 419B.365 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, 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) Except as otherwise provided in this section, the juvenile
court shall hear the permanent guardianship case and follow the
procedures in ORS chapter 125.
(3) The court shall appoint as a guardian a suitable person who
has petitioned the court to be appointed permanent guardian of
Enrolled Senate Bill 69 (SB 69-B) Page 42
the { - child - } { + ward + } and who has standing under ORS
419B.875.
(4) The grounds for granting a permanent guardianship are the
same as those for termination of parental rights.
(5) 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.
(6) A person appointed permanent guardian has the duties and
authority of a guardian appointed under ORS chapter 125. The
annual report requirement in ORS 125.325 applies to a permanent
guardianship granted under this section.
(7) Upon its own motion or that of a parent, the
{ - child - } { + ward + } or the guardian, the court granting
the guardianship may at any time enter orders regarding contact,
parenting time and child support when the orders are appropriate
and in the best interest of the { - child - } { + ward + }.
The court may modify or enforce the orders only if the party
seeking modification or enforcement has participated or attempted
to participate, in good faith, in mediation to resolve the
dispute that is the basis of the modification or enforcement
motion. The participation or attempted participation in mediation
must have occurred prior to filing the motion for modification or
enforcement. The court may require a person filing a motion under
this subsection to pay a reasonable filing fee.
(8) A parent may not petition the court to terminate a
guardianship once the guardianship is granted under this section.
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
Enrolled Senate Bill 69 (SB 69-B) Page 43
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.
SECTION 64. ORS 419B.370 is amended to read:
419B.370. (1) When the court grants legal custody to the
Department of Human Services, it may also grant guardianship of
the { - child - } { + ward + } to the department, to remain
in effect solely while the { - child - } { + ward + } remains
in the legal custody of the department.
(2) In all other cases, the court may grant guardianship of the
{ - child - } { + ward + } to a private institution or agency
to which the
{ - child - } { + ward + } is committed or to some suitable
person or entity if it appears necessary to do so in the
interests of the { - child - } { + ward + }.
(3) Unless guardianship is granted as provided in subsection
(1) or (2) of this section, the court as an incident of its
wardship { - over the child shall have - } { + has + } the
duties and authority of the guardian as provided in ORS 419B.376
and 419B.379.
SECTION 65. ORS 419B.373 is amended to read:
419B.373. A person, agency or institution having legal custody
of a { - child - } { + ward + } has the following duties and
authority:
(1) To have physical custody and control of the { - child - }
{ + ward + }.
(2) To supply the { - child - } { + ward + } with food,
clothing, shelter and incidental necessaries.
(3) To provide the { - child - } { + ward + } with care,
education and discipline.
(4) To authorize ordinary medical, dental, psychiatric,
psychological, hygienic or other remedial care and treatment for
the { - child - } { + ward + }, and, in an emergency where
the { - child's - } { + ward's + } safety appears urgently to
require it, to authorize surgery or other extraordinary care.
(5) To make such reports and to supply such information to the
court as the court may from time to time require.
(6) To apply for any social security benefits or public
assistance to which the { - child - } { + ward + } is
otherwise entitled and to use the benefits or assistance to pay
for the care of the { - child - } { + ward + }.
SECTION 66. ORS 419B.376 is amended to read:
419B.376. A person, agency or institution having guardianship
of a { - child - } { + ward + } by reason of appointment by
the court has the duties and authority of a guardian of the
{ - child - } { + ward + }, including but not limited to the
following:
(1) To authorize surgery for the { - child - } { +
ward + }, but this authority does not prevent the person having
legal custody of the
{ - child - } { + ward + } from acting under ORS 419B.373
(4).
(2) To authorize the { - child - } { + ward + } to enlist
in the Armed Forces of the United States.
Enrolled Senate Bill 69 (SB 69-B) Page 44
(3) To consent to the { - child's - } { + ward's + }
marriage.
(4) When the { - child - } { + ward + } has been committed
under ORS 419B.527, to consent to the adoption of the
{ - child - } { + ward + }.
(5) To make other decisions concerning the { - child - }
{ + ward + } of substantial legal significance.
(6) To make such reports and to supply such information to the
court as the court may from time to time require.
SECTION 67. ORS 419B.379 is amended to read:
419B.379. A person appointed guardian of the { - child - }
{ + ward + } by the court is guardian only and not a
conservator of the estate of the { - child - } { + ward + },
unless that person is appointed conservator of the
{ - child's - } { + ward's + } estate in a protective
proceeding as provided in ORS chapter 125.
SECTION 68. ORS 419B.385 is amended to read:
419B.385. A parent or legal guardian of { - any child found
to be within the jurisdiction of the court as provided in ORS
419B.100 - } { + a ward + }, if such parent or guardian was
served with summons under ORS 419B.812 to 419B.839 prior to the
adjudication,
{ - shall be - } { + is + } subject to the jurisdiction of
the court for purposes of this section. The court may order the
parent or guardian to assist the court in any reasonable manner
in providing appropriate education or counseling for the
{ - child - } { + ward + }.
SECTION 69. ORS 419B.387 is amended to read:
419B.387. If the court finds in an evidentiary hearing that
treatment or training is needed by a parent to correct the
circumstances that { - brought the child within the
jurisdiction of the court - } { + resulted in wardship + } or
to prepare the parent to resume the care of the { - child - }
{ + ward + }, the court may order the parent to participate in
the treatment or training if the participation is in the
{ - child's - } { + ward's + } best interests.
SECTION 70. ORS 419B.400 is amended to read:
419B.400. 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. 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 + }.
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 116, 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
Enrolled Senate Bill 69 (SB 69-B) Page 45
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 + }.
SECTION 71. ORS 419B.404 is amended to read:
419B.404. Any order for support entered pursuant to ORS
419B.400 for a child { + or ward + } in the care and custody of
the Department of Human Services may be made contingent upon the
child { + or ward + } residing in a state financed or supported
residence, shelter or other facility or institution. A
certificate signed by the Director of Human Services, the
Administrator of the Division of Child Support or the
administrator's authorized representative shall be sufficient to
establish such periods of residence and to satisfy the order for
periods of nonresidence.
SECTION 72. ORS 419B.406 is amended to read:
419B.406. When a child { + or ward + } is in the legal custody
of the Department of Human Services and { - such - }
{ + the + } child { + or ward + } is the beneficiary of an
existing order of support in a decree of dissolution or other
order and the department is required to provide financial
assistance for the care and support of { - such - }
{ + the + } child { + or ward + }, the department { - shall
be - } { + is + } assignee of and subrogated to { - such
child's - } { + the child or ward's + } proportionate share of
{ - any such - } { + the + } support obligation including sums
that have accrued whether or not the support order or decree
provides for separate monthly amounts for the support of each of
two or more children { + or wards + } or a single monthly gross
payment for the benefit of two or more children { + or
Enrolled Senate Bill 69 (SB 69-B) Page 46
wards + }, up to the amount of assistance provided by the
department. The assignment shall be as provided in ORS 418.042.
SECTION 73. ORS 419B.408 is amended to read:
419B.408. (1) An order of support entered pursuant to ORS
419B.400 may be enforced by execution or in the manner provided
by law for the enforcement of a judgment granting an equitable
remedy or by an order to withhold pursuant to ORS 25.372 to
25.427.
(2) No property of the { - child's - } { + child or
ward's + } parents, or either of them, or other person legally
obligated to support the child { + or ward + } is exempt from
levy and sale or other process to enforce collection of the
amounts ordered by the court to be paid toward the support of the
child { + or ward + }.
SECTION 74. ORS 419B.440 is amended to read:
419B.440. Any public or private agency having guardianship or
legal custody of a child { + or ward + } pursuant to court order
shall file reports on the child { + or ward + } with the
juvenile court { - which - } { + that + } entered the original
order concerning the child { + or ward + } or,
{ - where - } { + when + } no such order exists, with the
juvenile court of the county of the { - child's - } { + child
or ward's + } residence in the following circumstances:
(1) { - Where - } { + When + } the child { + or ward + }
has been placed with the agency as a result of a court order and
prior to, or as soon as practicable after the agency places the
child { + or ward + } in any placement including, but not
limited to, the { - child's - } { + child or ward's + } home,
shelter care, substitute care or a child care center, unless the
court has previously received a report or treatment plan
indicating the actual physical placement of the child { + or
ward + };
(2) { - Where - } { + When + } the child { + or ward + }
has been placed with the agency as the result of a court order
and remains under agency care for six consecutive months from
date of initial placement
{ - except for a child who has been committed to a state youth
correction facility - } ; or
(3) { - Where - } { + When + } the child { + or ward + }
has been surrendered for adoption or the parents' rights have
been terminated and the agency has not physically placed the
child { + or ward + } for adoption or initiated adoption
proceedings within six months of receiving the child { + or
ward + }.
SECTION 75. ORS 419B.443 is amended to read:
419B.443. (1) The { + agency shall file 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 - }
{ + that + } necessitated the placement of the child { + or
ward + } 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 { + or ward + }, together with
a list of all placements made since the child { + or ward + }
has been in the guardianship or legal custody of an agency and
Enrolled Senate Bill 69 (SB 69-B) Page 47
the length of time the child { + or ward + } has spent in each
placement;
(c) A description of agency efforts to return the child { + or
ward + } to the parental home or find permanent placement for the
child { + or ward + }, including, { - where - } { + when + }
applicable, efforts to assist the parents in remedying factors
which contributed to the removal of the child { + or ward + }
from the home;
(d) A proposed treatment plan or proposed continuation or
modification of an existing treatment plan, including,
{ - where - } { + when + } applicable, terms of visitation to
be allowed and expected of parents and a description of efforts
expected of the child { + or ward + } and the parents to remedy
factors { - which - } { + that + } have prevented the child
{ - to - } { + or ward from + } safely { - return - } { +
returning + } home within a reasonable time; and
(e) If continued substitute care is recommended, a proposed
timetable for the { - child's - } { + child or ward's + }
return home or other permanent placement or a justification of
why extended substitute care is necessary.
(2) Notwithstanding the requirements of subsection (1) of this
section, reports following the initial report need not contain
information contained in prior reports.
SECTION 76. ORS 419B.446 is amended to read:
419B.446. Notwithstanding the requirements under ORS 419B.440
that reports be filed with the court, any report after the
initial report that is required by ORS 419B.443 on a child
{ + or ward + } whose case is being regularly reviewed by a
local citizen review board shall be filed with that local citizen
review board rather than the court.
SECTION 77. ORS 419B.449 is amended to read:
419B.449. (1) Upon receiving any report required by ORS
419B.440 and 419B.443, the court may hold a hearing to review the
{ - child's - } { + child or ward's + } condition and
circumstances and to determine if the court should continue
jurisdiction { - over the child - } { + and wardship + } or
order modifications in the care, placement and supervision of the
child { + or ward + }. The court shall hold a hearing:
(a) In all cases under ORS 419B.440 (3) { - where - } { +
when + } the parents' rights have been terminated; or
(b) If requested by the child { + or ward + }, the attorney
for the child { + or ward + }, if any, the parents or the public
or private agency having guardianship or legal custody of the
child { + or ward + } within 30 days of receipt of the notice
provided in ORS 419B.452.
(2) The { + court shall conduct a + } hearing provided in
subsection (1) of this section { - shall be conducted - } in
the manner provided in ORS 419B.310, except that the court may
receive testimony and reports as provided in ORS 419B.325. At the
conclusion of the hearing, the court shall enter findings of fact
if the decision is to continue the child { + or ward + } in
substitute care. Such findings shall specifically state:
(a) Why continued care is necessary as opposed to returning the
child { - to the child's - } { + or ward + } home or taking
prompt action to secure another permanent placement; or
(b) The expected timetable for return or other permanent
placement.
(3) In making the findings under subsection (2) of this
section, the court shall consider the efforts made to develop the
concurrent case plan, including, but not limited to,
Enrolled Senate Bill 69 (SB 69-B) Page 48
identification and selection of a suitable adoptive placement for
the child { + or ward + } when adoption is the concurrent case
plan.
(4) In addition to findings of fact required by subsection (2)
of this section, the court may order the Department of Human
Services to consider additional information in developing the
case plan or concurrent case plan.
(5) Any final decision of the court made pursuant to the
hearing provided in subsection (1) of this section is appealable
under ORS 419A.200.
SECTION 78. ORS 419B.452 is amended to read:
419B.452. Except { - where - } { + when + } a child { + or
ward + } has been surrendered for adoption or the parents' rights
have been terminated, the court shall send a copy of the report
required by ORS 419B.440 to the parents { - of the child - }
and shall notify the parents either that a hearing will be held
or that the parents may request a hearing at which time they may
ask for modifications in the care, treatment and supervision of
the child { + or ward + }. If the court finds that informing the
parents of the identity and location of the foster parents of the
child { + or ward + } is not in the
{ - child's - } best interest { + of the child or ward + },
the court may order such information deleted from the report
before sending the report to the parents. If an Indian child is
involved, the court shall send a copy of the report to the Indian
child's tribe as required by the notice requirements of the
Indian Child Welfare Act.
SECTION 79. 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 Department
of Human Services determines that it will not make reasonable
efforts to reunify the family.
(2) In all other cases when { - the - } { + a + } child
{ + or ward + } is in substitute care, the court shall conduct a
permanency hearing no later than 12 months after the
{ - child - } { + ward + } was found within the jurisdiction
of the court under ORS 419B.100 or 14 months after the child
{ + or ward + } was placed in substitute care, whichever is the
earlier.
(3) If a { - child - } { + ward + } is removed from court
sanctioned permanent foster care, the department shall request
and the court shall conduct a permanency hearing within three
months after the date of the change in placement.
(4) Unless good cause otherwise is shown, the court shall also
conduct a permanency hearing at any time upon the request of the
department, an agency directly responsible for care or placement
of the child { + or ward + }, parents whose parental rights have
not been terminated, an attorney for the child { + or ward + },
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 { + or
ward + } remains in substitute care.
(6) If a child returns to substitute care after a court's
previously established jurisdiction over the child has been
Enrolled Senate Bill 69 (SB 69-B) Page 49
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 80. ORS 419B.473 is amended to read:
419B.473. (1) The court may order that the child { + or
ward + } or any other person be present during the hearing.
(2) The court shall notify the parties listed in ORS 419B.470
and any other interested parties of the hearing. The notice shall
state the time and place of the hearing. Upon request of the
court, the Department of Human Services or other legal custodian
of the child { + or ward + } shall provide the court with
information concerning the whereabouts and identity of such
parties.
SECTION 81. 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 { + 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's - } { + 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
{ - 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 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's - } { + 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 { - of the
child - } ;
(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;
Enrolled Senate Bill 69 (SB 69-B) Page 50
(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 { - other - } agency
{ - directly responsible for the child - } 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.
(4) 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) 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
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 { + 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;
(C) The child { + or ward + } will be referred for
establishment of legal guardianship; or
(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,
{ - which - } { + 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;
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(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 { + or ward + }.
(5) If an Indian child is involved, the court shall follow the
placement preference established by the Indian Child Welfare Act.
(6) 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 82. 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 - } { + child or ward's + } parents and identify,
recruit, process and approve a qualified family for adoption if
the child { + or ward + } is in the custody of the department
and:
(a) The child { + or ward + } 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
ward + } or of another child of the parent or felony assault that
has resulted in serious physical injury to the child { + or
ward + } or to another child of the parent; or
(c) A court of competent jurisdiction has determined that the
child { + or ward + } is an abandoned child.
(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 { + or ward + } 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 { + or ward + }. 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 { + or ward + } to safely
return home within a reasonable time as provided in ORS 419B.476
(4)(c);
(B) Another permanent plan is better suited to meet the health
and safety needs of the child { + or ward + }; 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 { + or ward + } to safely return home; or
(c) The department has not provided to the family of the
child { + or ward + }, consistent with the time period in the
case plan, such services as the department deems necessary for
the child { + or ward + }to safely return home, if reasonable
Enrolled Senate Bill 69 (SB 69-B) Page 52
efforts to make it possible for the child { + or ward + } to
safely return home are required to be made with respect to the
child { + or ward + }.
SECTION 83. ORS 419B.500 is amended to read:
419B.500. The parental rights of the parents of a { - child
within the jurisdiction of the juvenile court as provided in ORS
419B.100 - } { + ward + } may be terminated as provided in this
section and ORS 419B.502 to 419B.524, only upon a petition filed
by the state or the { - child - } { + ward + } for the
purpose of freeing the { - child - } { + ward + } for
adoption if the court finds it is in the best interest of the
{ - child - } { + ward + }. If an Indian child is involved,
the termination of parental rights must be in compliance with the
Indian Child Welfare Act. The rights of one parent may be
terminated without affecting the rights of the other parent.
SECTION 84. 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 - } { + any + }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 it possible for the child { + or ward + } 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.
(7) Conduct by the parent that knowingly exposes any child of
the parent to the storage or production of methamphetamines from
precursors. In determining whether extreme conduct exists under
this subsection, the court shall consider the extent of the
{ - child's - } { + child or ward's + } exposure and the
potential harm to the physical health of the child { + or
ward + }.
SECTION 85. 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 { + or ward + } and integration of the
child { + or ward + } 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 { + or ward + }
for extended periods of time.
Enrolled Senate Bill 69 (SB 69-B) Page 53
(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 { + or ward + }.
(5) Lack of effort of the parent to adjust the circumstances of
the parent, conduct, or conditions to make it possible for the
child { + or ward + } 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 { + or ward + }.
SECTION 86. ORS 419B.506 is amended to read:
419B.506. 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 have failed or neglected without reasonable and lawful
cause to provide for the basic physical and psychological needs
of the child { + or ward + } for six months prior to the filing
of a petition. In determining such failure or neglect, the court
shall disregard any incidental or minimal expressions of concern
or support and shall consider but is not limited to one or more
of the following:
(1) Failure to provide care or pay a reasonable portion of
substitute physical care and maintenance if custody is lodged
with others.
(2) Failure to maintain regular visitation or other contact
with the child { - which - } { + or ward that + } was
designed and implemented in a plan to reunite the child { + or
ward + } with the parent.
(3) Failure to contact or communicate with the child { + or
ward + } or with the custodian of the child { + or ward + }. In
making this determination, the court may disregard incidental
visitations, communications or contributions.
SECTION 87. ORS 419B.508 is amended to read:
419B.508. 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 have abandoned the child { + or ward + } or the
child { + or ward + } was left under circumstances such that the
identity of the parent or parents of the child { + or ward + }
was unknown and could not be ascertained, despite diligent
searching, and the parent or parents have not come forward to
claim the child { + or ward + } within three months following
the finding of the child { + or ward + }.
SECTION 88. ORS 419B.521 is amended to read:
419B.521. (1) { + The court shall hold + } a hearing
{ - shall be held by the court - } on the question of
terminating the rights of the parent or parents. { - No
such - } { + The court may not hold the + } hearing
{ - shall be held - } any earlier than 10 days after service
or final publication of the summons. The facts on the basis of
which the rights of the parents are terminated, unless admitted,
must be established by clear and convincing evidence and a
stenographic or other report authorized by ORS 8.340 shall be
taken of the hearing.
(2) Not earlier than provided in subsection (1) of this section
and not later than six months from the date on which summons for
the petition to terminate parental rights is served, the court
Enrolled Senate Bill 69 (SB 69-B) Page 54
before which the petition is pending shall hold a hearing on the
petition except for good cause shown. When determining whether or
not to grant a continuance for good cause, the judge shall take
into consideration the age of the child { + or ward + } and the
potential adverse effect delay may have on the child { + or
ward + }. The court shall make written findings when granting a
continuance.
(3) The court, on its own motion or upon the motion of a party,
may take testimony from any child appearing as a witness and may
exclude the child's parents and other persons if the court finds
such action would be likely to be in the best interests of the
child. However, the court may not exclude the attorney for each
party and any testimony taken under this subsection shall be
recorded.
(4) Notwithstanding subsection (1) of this section, if an
Indian child is involved, termination of parental rights must be
supported by evidence beyond a reasonable doubt, including
testimony of qualified expert witnesses, that continued custody
of the child is likely to result in serious emotional or physical
harm to the child.
SECTION 89. ORS 419B.524 is amended to read:
419B.524. Unless there is an appeal from the order terminating
the rights of the parent or parents, the order permanently
terminates all rights of the parent or parents whose rights are
terminated and the parent or parents have no standing to appear
as such in any legal proceeding concerning the { - child - }
{ + ward + }.
SECTION 90. ORS 419B.527 is amended to read:
419B.527. (1) After the entry of an order terminating the
rights of the parent or parents of the { - child - } { +
ward + }, the court may:
(a) Place the { - child - } { + ward + } in the legal
custody and guardianship of a public or private institution or
agency authorized to consent in loco parentis to the adoption of
children. An order pursuant to this paragraph is a 'permanent
commitment' for the purposes of ORS 109.305, 109.309, 109.312 to
109.330 and 109.350 to 109.390; or
(b) Make any order directing disposition of the { - child
which - } { + ward that + } it is empowered to make under this
chapter.
(2) If the rights of only one parent have been terminated, the
authority to consent to the adoption of the { - child - } { +
ward + } as provided in subsection (1)(a) of this section is
effective only with respect to the parent whose rights have been
terminated.
SECTION 91. ORS 419B.529 is amended to read:
419B.529. (1) Notwithstanding ORS 109.309, a prospective
adoptive parent is not required to file a petition for adoption
when:
(a) A juvenile court that is a circuit court has entered an
order of permanent commitment of a { - child - } { + ward + }
to the Department of Human Services under ORS 419B.527 or the
parent has signed and the department has accepted a release and
surrender to the department and a certificate of irrevocability
and waiver as provided in ORS 418.270 regarding { - the - }
{ + a + } child;
(b) The department has completed a home study as defined in ORS
109.304 that finds the prospective parent is suitable to adopt
the child { + or ward + } and the department consents to the
adoption of the child { + or ward + } by the prospective parent;
Enrolled Senate Bill 69 (SB 69-B) Page 55
(c) A home study and a placement report requesting the juvenile
court to enter a decree of adoption have been filed in the
juvenile court proceeding; and
(d) At the time the placement report is filed under paragraph
(c) of this subsection, the prospective adoptive parent files the
adoption report form required under ORS 109.400.
(2) Notwithstanding ORS 21.114, the clerk of the juvenile court
may not charge or collect first appearance or hearing fees for a
proceeding under this section.
(3) After the filing of the home study and the placement report
requesting the court to enter a decree of adoption, the juvenile
court that entered the order of permanent commitment may proceed
as provided in ORS 109.307 and 109.350 and may enter a decree of
adoption.
(4) Records of adoptions filed and established under this
section shall be kept in accordance with, and are subject to, ORS
7.211.
SECTION 92. ORS 419B.806 is amended to read:
419B.806. (1) As used in this section, 'consolidated' means
that actions are heard before one judge of the circuit court to
determine issues { - pending - } regarding a child or
{ - children - } { + ward + }.
(2) In any action filed in the juvenile court in which the
legal or physical custody of a child { + or ward + } is at issue
and there is also { - pending, or adjudicated, - } a child
custody, parenting time, visitation, restraining order, filiation
or Family Abuse Prevention Act action involving the child { + or
ward + } in a domestic relations, filiation or guardianship
proceeding, the matters shall be consolidated. { + Actions must
be consolidated under this subsection regardless of whether the
actions to be consolidated were filed or initiated before or
after the filing of the petition under ORS 419B.100. + }
(3) Consolidation does not merge the procedural or substantive
law of the individual actions. Parties to the individual
consolidated actions do not have standing, solely by virtue of
the consolidation, in every action subject to the order of
consolidation. Parties must comply with provisions for
intervention or participation in a particular action under the
provisions of law applicable to that action.
(4) Upon entry of an order of consolidation, all pending issues
pertaining to the actions subject to the order shall be heard
together in juvenile court. The court shall hear the juvenile
matters first unless the court finds that it is in the best
interest of the child { + or ward + } to proceed otherwise.
(5) A judge shall make and modify orders and findings in
actions subject to the order of consolidation upon the filing of
proper motions and notice as provided by law applicable to the
actions. Any findings, orders or modifications must be consistent
with the juvenile court orders, and persons who were parties to
the juvenile court action may not relitigate issues in
consolidated actions.
(6) The judge shall set out separately from orders entered
under this chapter or ORS chapter 419C any orders or judgments
made in other actions subject to the consolidation order. The
trial court administrator shall file the orders and judgments in
the appropriate actions subject to the consolidation order. An
order or judgment in an individual juvenile court action is final
if it finally disposes of the rights and duties of the parties to
that action, without reference to whether the order or judgment
Enrolled Senate Bill 69 (SB 69-B) Page 56
disposes of the rights and duties of the parties to another
action with which the action has been consolidated.
(7)(a) When the actions described in subsection (2) of this
section exist in two or more judicial districts, the judges
assigned to the actions shall confer to determine the appropriate
judicial district in which to consolidate and hear the actions.
The judges shall confer not later than 10 judicial days after a
court has received notice of the existence of an action in
another judicial district.
(b) If the judges agree on the judicial district in which the
actions should be consolidated, the judges shall take such action
as is necessary to consolidate the actions in the circuit court
of that district.
(c) If the judges do not agree on the judicial district in
which the actions should be consolidated, the actions must be
consolidated in the judicial district in which the juvenile
action is filed or, if more than one juvenile action is pending,
in the judicial district in which the first juvenile action was
filed.
(8) Nothing in this section requires the consolidation of any
administrative proceeding under ORS chapter 25 or 416 with a
juvenile court or other action.
SECTION 93. ORS 419B.875 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;
Enrolled Senate Bill 69 (SB 69-B) Page 57
(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) The court may grant rights of limited participation to
persons who are not parties under subsection (1) of this section.
A person seeking rights of limited participation must file a
motion for limited participation and an affidavit. The affidavit
must be served on all parties no later than two weeks before a
proceeding in the case in which participation is sought. The
affidavit must state:
(A) The reason the participation is sought;
(B) How the person's involvement is in the best interest of the
child { + or ward + } or the administration of justice;
(C) Why the parties cannot adequately present the case; and
(D) What specific relief is being sought.
(b) If the court grants the motion, the rights of limited
participation are those specified in the court order.
(c) Persons moving for 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.
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;
Enrolled Senate Bill 69 (SB 69-B) Page 58
(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.
SECTION 94. ORS 419B.875, as amended by section 83, chapter
962, Oregon Laws 2001, 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:
Enrolled Senate Bill 69 (SB 69-B) Page 59
(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) The court may grant rights of limited participation to
persons who are not parties under subsection (1) of this section.
A person seeking rights of limited participation must file a
motion for limited participation and an affidavit. The affidavit
must be served on all parties no later than two weeks before a
proceeding in the case in which participation is sought. The
affidavit must state:
(A) The reason the participation is sought;
(B) How the person's involvement is in the best interest of the
child { + or ward + } or the administration of justice;
(C) Why the parties cannot adequately present the case; and
(D) What specific relief is being sought.
(b) If the court grants the motion, the rights of limited
participation are those specified in the court order.
(c) Persons moving for 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
Enrolled Senate Bill 69 (SB 69-B) Page 60
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.
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;
Enrolled Senate Bill 69 (SB 69-B) Page 61
(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.
SECTION 95. ORS 419B.914 is amended to read:
419B.914. If the child { + or ward + } is before the court,
the court has the power to proceed with the case without service
upon those entitled to service under ORS 419B.812 to 419B.839 if
diligent efforts have failed to reveal the identity or the
whereabouts of the person, except that:
(1) No order entered pursuant to ORS 419B.500, 419B.502,
419B.504, 419B.506 and 419B.508 may be entered unless ORS
419B.518, 419B.521, 419B.524 and 419B.812 to 419B.839 are
complied with.
(2) No order for support as provided in ORS 419B.400, 419B.402,
419B.404 and 419B.406 may be entered against a person unless that
person is served as provided in ORS 419B.812 to 419B.839.
SECTION 96. ORS 419B.917 is amended to read:
419B.917. (1) If a child { + or ward + } is before the court
and a person who is required to be summoned has been summoned and
has failed to appear for any dates, including but not limited to
trial dates for which the person has been summoned, and the
petitioner is ready to proceed, the court may proceed with the
case in the person's absence. If the summoned party seeks a
change of the date for which the party is summoned, the party
must appear at the time the request to change the date is made to
receive service of summons for a new date or must authorize the
party's attorney to accept service of summons for the new date.
(2) Except by express permission of the court, for a
jurisdictional or termination of parental rights trial or related
mandatory court appearances, summoned parties may not waive
appearance or appear through counsel.
SECTION 96a. { + If House Bill 2272 becomes law, section 96 of
this 2003 Act (amending ORS 419B.917) is repealed. + }
Enrolled Senate Bill 69 (SB 69-B) Page 62
SECTION 97. ORS 419B.923 is amended to read:
419B.923. (1) Except as otherwise provided in this section, on
motion and such notice and hearing as the court may direct, the
court may modify or set aside any order or judgment made by it.
Reasons for modifying or setting aside an order or judgment
include, but are not limited to:
(a) Clerical mistakes in judgments, orders or other parts of
the record and errors in the order or judgment arising from
oversight or omission. These mistakes and errors may be corrected
by the court at any time on its own motion or on the motion of a
party and after notice as the court orders to all parties who
have appeared. During the pendency of an appeal, an order or
judgment may be corrected as provided in subsection (7) of this
section.
(b) Excusable neglect.
(c) Newly discovered evidence that by due diligence could not
have been discovered in time to present it at the hearing from
which the order or judgment issued.
(2) A motion to modify or set aside an order or judgment or
request a new hearing must be accompanied by an affidavit that
states with reasonable particularity the facts and legal basis
for the motion.
(3) A motion to modify or set aside an order or judgment must
be made within a reasonable time except no order or judgment
pursuant to ORS 419B.527 may be set aside or modified during the
pendency of a proceeding for the adoption of the { - child - }
{ + ward + }, nor after a petition for adoption has been
granted.
(4) Except as provided in subsection (6) of this section,
notice and a hearing as provided in ORS 419B.195, 419B.198,
419B.201, 419B.205, 419B.208, 419B.310, 419B.325 and 419B.893
must be provided in any case when the effect of modifying or
setting aside the order or judgment will or may be to deprive a
parent of the legal custody of the child { + or ward + }, to
place the child { + or ward + } in an institution or agency or
to transfer the child { + or ward + } from one institution or
agency to another. The provisions of this subsection do not apply
to a parent whose rights have been terminated under ORS 419B.500
to 419B.524 or whose child has been permanently committed by
order or judgment of the court unless an appeal from the order or
judgment is pending.
(5) When an Indian child is involved, notice must be provided
as required under the Indian Child Welfare Act.
(6) Except when the child { + or ward + } is an Indian child,
notice and a hearing are not required when the effect of
modifying or setting aside the order or judgment will be to
transfer the child { + or ward + } from one foster home to
another.
(7) A motion under subsection (1) of this section may be filed
with and decided by the trial court during the time an appeal
from a judgment is pending before an appellate court. The moving
party shall serve a copy of the motion on the appellate court.
The moving party shall file a copy of the trial court's order or
judgment in the appellate court within seven days of the date of
the trial court order or judgment. Any necessary modification of
the appeal required by the court order or judgment must be
pursuant to rule of the appellate court.
(8) This section does not limit the inherent power of a court
to modify an order or judgment within a reasonable time or the
Enrolled Senate Bill 69 (SB 69-B) Page 63
power of a court to set aside an order or judgment for fraud upon
the court.
SECTION 98. ORS 419C.005 is amended to read:
419C.005. (1) Except as otherwise provided in ORS 137.707, the
juvenile court has exclusive original jurisdiction in any case
involving a person who is under 18 years of age and who has
committed an act { - which - } { + that + } is a violation,
or { - which - } { + that + } if done by an adult would
constitute a violation, of a law or ordinance of the United
States or a state, county or city.
(2) The provisions of subsection (1) of this section do not
prevent a court of competent jurisdiction from entertaining a
civil action or suit involving a youth.
(3) The court { - shall have no further - } { + does not
have + } jurisdiction as provided in subsection (1) of this
section after a minor has been emancipated pursuant to ORS
419B.550 to 419B.558.
(4) The court's { - wardship - } { + jurisdiction + } over
a person { - found to be within the court's jurisdiction - }
under this section or ORS 419C.067 continues { - , and the
person is subject to the court's jurisdiction, - } until one of
the following occurs:
(a) The court dismisses a petition filed under this chapter or
waives the case under ORS 419C.340. If { - wardship - } { +
jurisdiction + } is based on a previous adjudication, then
dismissal or waiver of a later case does not terminate
{ - wardship - } { + jurisdiction + } under the previous case
unless the court so orders.
(b) The court transfers jurisdiction of the case as provided in
ORS 419C.053, 419C.056 and 419C.059.
(c) The court enters an order terminating { - wardship - }
{ + jurisdiction + }.
(d) The person becomes 25 years of age.
SECTION 99. ORS 419C.020 is amended to read:
419C.020. (1) At the first appearance by the parents or
guardian of a { - child - } { + youth + } before the court,
the court shall inform the parents or guardian verbally and
provide a standard notice describing:
(a) The obligation of the parents or guardian to pay for
compensation and reasonable expenses for counsel for the
{ - child - } { + youth + }, support of the { - child - }
{ + youth + } while the { - child - } { + youth + } is in
the custody of a state-financed or state-supported residence and
any other obligations to pay money that may arise as a result of
the { - child - } { + youth + } being within the jurisdiction
of the court;
(b) The assignment of support rights under ORS 419C.597;
(c) The right of the parents or guardian to appeal a decision
on jurisdiction or disposition made by the court; and
(d) The time for filing an appeal of a decision by the court.
(2) The Oregon Youth Authority shall prepare and provide the
standard notice required under subsection (1) of this section.
(3) The court shall place a notation in the record of the case
of the date that the parents or guardian were provided
information under this section.
SECTION 100. ORS 419C.220 is amended to read:
419C.220. (1) As a part of the investigation, before
{ - making a youth a ward - } { + finding a youth to be within
the jurisdiction + } of the court, a preliminary evaluation shall
{ - also - } be conducted to determine if the youth may be
Enrolled Senate Bill 69 (SB 69-B) Page 64
eligible for special education as provided in ORS chapter 343.
This preliminary evaluation of disabling conditions
{ - shall - } { + does + } not constitute a final
determination of the youth's eligibility for special education
but shall be used as the basis for appointing a surrogate to
protect the youth's due process rights pursuant to ORS chapter
343.
(2) The court shall appoint a surrogate for a youth { - when
that youth is made a ward of the court - } { + offender + } if
the court finds that the youth { + offender + } may be eligible
for special education programs because of a disabling condition
as provided in ORS chapter 343. This finding of probable
eligibility shall be based on the preliminary evaluation
conducted pursuant to subsection (1) of this section.
SECTION 101. ORS 419C.223 is amended to read:
419C.223. A person that is appointed surrogate for a
{ - dependent - } youth { + offender + } has the duty and
authority to protect the due process rights of the youth
{ + offender + } with respect to the provision of free
appropriate public education. A surrogate appointed by the court
shall immediately apply to the attending school district for an
evaluation of the { - youth's - } { + youth offender's + }
eligibility for special education and shall participate in the
development of the { - youth's - } { + youth offender's + }
educational plan as provided in ORS chapter 343. The duties and
responsibilities of the surrogate shall continue until whichever
of the following occurs first:
(1) The youth { + offender + } is 21 years of age;
(2) The youth { + offender + } is determined to be no longer
eligible for special education; or
(3) The juvenile court terminates { - wardship - } { +
jurisdiction + } of the youth { + offender + } and determines
that the { - youth's - } { + youth offender's + } parent or
guardian is both known and available to protect the special
educational rights of the youth { + offender + }.
SECTION 102. ORS 419C.285 is amended to read:
419C.285. (1) At the adjudication stage of a delinquency
proceeding, the parties to the proceeding are the youth and the
state, represented by the district attorney or the juvenile
department. At the dispositional stage of a delinquency
proceeding, the following are also parties:
(a) The parents or guardian of the youth;
(b) A court appointed special advocate, if appointed;
(c) The Oregon Youth Authority or other child care agency, if
the youth is temporarily committed to the agency; and
(d) An intervenor who petitions or files a motion on the basis
of a child-parent relationship under ORS 109.119.
(2) The rights of the parties include, but are not limited to:
(a) The right to notice of the proceeding and copies of the
pleadings;
(b) The right to appear with counsel and to have counsel
appointed if otherwise provided by law;
(c) The right to call witnesses, cross-examine witnesses and
participate in hearings;
(d) The right to appeal; and
(e) The right to request a hearing.
(3)(a) Persons who are not parties under subsection (1) of this
section may petition the court for rights of limited
participation. The petition must be filed and served on all
Enrolled Senate Bill 69 (SB 69-B) Page 65
parties no later than two weeks before a proceeding in the case
in which participation is sought. The petition must state:
(A) The reason the participation is sought;
(B) How the person's involvement is in the best interest of the
youth or the administration of justice;
(C) Why the parties cannot adequately present the case; and
(D) What specific relief is being sought.
(b) If the court finds that the petition is well founded, the
court may grant rights of limited participation as specified by
the court.
(c) Persons petitioning for rights of limited participation are
not entitled to court-appointed counsel.
(4) In all delinquency proceedings, interpreters shall be
appointed in the manner specified by ORS 45.275 and 45.285 for
the parties to the proceeding, any person granted rights of
limited participation, and any parent or guardian of the
{ - child - } { + youth + } without regard to whether the
parent or guardian is a party to the proceeding.
SECTION 103. ORS 419C.285, as amended by section 85, chapter
962, Oregon Laws 2001, is amended to read:
419C.285. (1) At the adjudication stage of a delinquency
proceeding, the parties to the proceeding are the youth and the
state, represented by the district attorney or the juvenile
department. At the dispositional stage of a delinquency
proceeding, the following are also parties:
(a) The parents or guardian of the youth;
(b) A court appointed special advocate, if appointed;
(c) The Oregon Youth Authority or other child care agency, if
the youth is temporarily committed to the agency; and
(d) An intervenor who petitions or files a motion on the basis
of a child-parent relationship under ORS 109.119.
(2) The rights of the parties include, but are not limited to:
(a) The right to notice of the proceeding and copies of the
pleadings;
(b) The right to appear with counsel and to have counsel
appointed if otherwise provided by law;
(c) The right to call witnesses, cross-examine witnesses and
participate in hearings;
(d) The right to appeal; and
(e) The right to request a hearing.
(3)(a) Persons who are not parties under subsection (1) of this
section may petition the court for rights of limited
participation. The petition must be filed and served on all
parties no later than two weeks before a proceeding in the case
in which participation is sought. The petition must state:
(A) The reason the participation is sought;
(B) How the person's involvement is in the best interest of the
youth or the administration of justice;
(C) Why the parties cannot adequately present the case; and
(D) What specific relief is being sought.
(b) If the court finds that the petition is well founded, the
court may grant rights of limited participation as specified by
the court.
(c) Persons petitioning for rights of limited participation are
not entitled to appointed counsel.
(4) In all delinquency proceedings, interpreters shall be
appointed in the manner specified by ORS 45.275 and 45.285 for
the parties to the proceeding, any person granted rights of
limited participation, and any parent or guardian of the
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{ - child - } { + youth + } without regard to whether the
parent or guardian is a party to the proceeding.
SECTION 104. ORS 419C.370 is amended to read:
419C.370. (1) The juvenile court may enter an order directing
that all cases involving:
(a) Violation of a law or ordinance relating to the use or
operation of a motor vehicle, boating laws or game laws be waived
to criminal or municipal court;
(b) An offense classified as a violation under the laws of this
state or a political subdivision of this state be waived to
municipal court if the municipal court has agreed to accept
jurisdiction; and
(c) A misdemeanor that entails theft, destruction, tampering
with or vandalism of property be waived to municipal court if the
municipal court has agreed to accept jurisdiction.
(2) Cases waived under subsection (1) of this section are
subject to the following:
(a) That the criminal or municipal court prior to hearing a
case, other than a case involving a parking violation, in which
the defendant is or appears to be under 18 years of age notify
the juvenile court of that fact; and
(b) That the juvenile court may direct that any such case be
waived to the juvenile court for further proceedings.
(3)(a) When a person who has been waived under subsection
(1)(c) of this section is convicted of a property offense, the
municipal court may impose any sanction authorized for the
offense except for incarceration. The municipal court shall
notify the juvenile court of the disposition of the case.
(b) When a person has been waived under subsection (1) of this
section and fails to appear as summoned or is placed on probation
and is alleged to have violated a condition of the probation, the
juvenile court may recall the case to the juvenile court for
further proceedings. When a person has been returned to juvenile
court under this paragraph, the juvenile court may proceed as
though the { - child - } { + person + } had failed to appear
as summoned to the juvenile court or had violated a juvenile
court probation order under ORS 419C.446.
(4) Records of cases waived under subsection (1)(c) of this
section are juvenile records for purposes of expunction under ORS
419A.260.
SECTION 105. ORS 419C.411 is amended to read:
419C.411. (1) At the termination of the hearing or hearings in
the proceeding or after entry of an order under ORS 419C.067, the
court shall enter an appropriate order directing the disposition
to be made of the case.
(2) In determining the disposition of the case, the court shall
consider each of the following:
(a) The gravity of the loss, damage or injury caused or
attempted during, or as part of, the conduct that is the basis
for jurisdiction under ORS 419C.005;
(b) Whether the manner in which the youth { + offender + }
engaged in the conduct was aggressive, violent, premeditated or
willful;
(c) Whether the youth { + offender + } was held in detention
under ORS 419C.145 and, if so, the reasons for the detention;
(d) The immediate and future protection required by the victim,
the victim's family and the community; and
(e) The { - youth's - } { + youth offender's + } juvenile
court record and response to the requirements and conditions
imposed by previous juvenile court orders.
Enrolled Senate Bill 69 (SB 69-B) Page 67
(3) In addition to the factors listed in subsection (2) of this
section, the court may consider the following:
(a) Whether the youth { + offender + } has made any efforts
toward reform or rehabilitation or making restitution;
(b) The { - youth's - } { + youth offender's + }
educational status and school attendance record;
(c) The { - youth's - } { + youth offender's + } past and
present employment;
(d) The disposition proposed by the youth { + offender + };
(e) The recommendations of the district attorney and the
juvenile court counselor and the statements of the victim and the
victim's family;
(f) The { - youth's - } { + youth offender's + } mental,
emotional and physical health and the results of the mental
health or substance abuse treatment; and
(g) Any other relevant factors or circumstances raised by the
parties.
(4) The court's consideration of matters under this section may
be addressed on appeal only if raised by a party at a
dispositional hearing or by a motion to modify or set aside under
ORS 419C.610.
SECTION 106. ORS 419C.440 is amended to read:
419C.440. { - (1) A youth found to be within the jurisdiction
of the court as provided in ORS 419C.005, may be made a ward of
the court. - }
{ - (2) - } Unless guardianship is granted as provided in
ORS 419C.555, the court as an incident of its { - wardship - }
{ + jurisdiction + } over the youth { - shall have - }
{ + offender has + } the duties and authority of the guardian as
provided in ORS 419C.558.
SECTION 107. ORS 419C.441 is amended to read:
419C.441. A court having jurisdiction pursuant to ORS 419C.005
over a youth { + offender + } who commits an act that would be a
violation of ORS 167.315, 167.320, 167.322 or 167.333 if done by
an adult may, in addition to any other exercise of
{ - wardship - } { + jurisdiction + } over the youth { +
offender + }, order that the youth { + offender + } undergo
psychiatric, psychological or mental health evaluation. If
warranted by the mental condition of the youth { +
offender + }, the court may order that the youth
{ + offender + } undergo appropriate care or treatment.
SECTION 108. ORS 419C.443 is amended to read:
419C.443. (1) Except when otherwise provided in subsection (3)
of this section, when a youth { - is - } { + offender has
been + } found to be within the jurisdiction of the court under
ORS 419C.005 for a first violation of the provisions under ORS
475.992 prohibiting delivery for no consideration of less than
five grams of marijuana or prohibiting possession of less than
one ounce of marijuana, the court shall order an evaluation and
designate agencies or organizations to perform diagnostic
assessment and provide programs of information and treatment. The
designated agencies or organizations must meet the standards set
by the Director of Human Services. Whenever possible, the court
shall designate agencies or organizations to perform the
diagnostic assessment that are separate from those that may be
designated to carry out a program of information or treatment.
The parent of the youth { + offender + } shall pay the cost of
the { - youth's - } { + youth offender's + } participation in
the program based upon the ability of the parent to pay. The
petition shall be dismissed by the court upon written
Enrolled Senate Bill 69 (SB 69-B) Page 68
certification of the { - youth's - } { + youth offender's + }
successful completion of the program from the designated agency
or organization providing the information and treatment.
(2) Monitoring the { - youth's - } { + youth offender's + }
progress in the program shall be the responsibility of the
diagnostic assessment agency or organization. It shall make a
report to the court stating the { - youth's - } { + youth
offender's + } successful completion or failure to complete all
or any part of the program specified by the diagnostic
assessment. The form of the report shall be determined by
agreement between the court and the diagnostic assessment agency
or organization. The court shall make the report a part of the
record of the case.
(3) The court is not required to make the disposition required
by subsection (1) of this section if the court determines that
the disposition is inappropriate in the case or if the court
finds that the youth { + offender + } has previously entered
into a formal accountability agreement under ORS 419C.239 (1)(i).
SECTION 109. ORS 419C.446 is amended to read:
419C.446. (1) { - When a youth has been found to be within
its jurisdiction, and - } When { - the - } { + a + } court
determines it would be in the best interest and welfare of
{ - the - } { + a + } youth { + offender + }, the court may
place the youth { + offender + } on probation. The court may
direct that the youth { + offender + } remain in the legal
custody of the
{ - youth's - } { + youth offender's + } parents or other
person with whom the youth { + offender + } is living, or the
court may direct that the youth { + offender + } be placed in
the legal custody of some relative or some person maintaining a
foster home approved by the court, or in a child care center or a
youth care center authorized to accept the youth { +
offender + }.
(2) The court may specify particular requirements to be
observed during the probation consistent with recognized juvenile
court practice, including but not limited to restrictions on
visitation by the { - youth's - } { + youth offender's + }
parents, restrictions on the { - youth's - } { + youth
offender's + } associates, occupation and activities,
restrictions on and requirements to be observed by the person
having the { - youth's - } { + youth offender's + } legal
custody, requirements that the youth { + offender + } pay any
assessment under ORS 137.290, requirements for visitation by and
consultation with a juvenile counselor or other suitable
counselor, requirements to make restitution under ORS 419C.450,
requirements of a period of detention under ORS 419C.453,
requirements to pay a fine under ORS 419C.459, requirements to
pay a supervision fee under ORS 419C.449, requirements to perform
community service under ORS 419C.462, or service for the victim
under ORS 419C.465, or requirements to submit to blood or buccal
testing under ORS 419C.473.
(3) If the youth { + offender + } is a sex offender, as
defined in ORS 181.594, the juvenile department shall notify the
chief of police, if the youth { + offender + } is going to
reside within a city, and the county sheriff of the county in
which the youth { + offender + } is going to reside of the
{ - youth's - } { + youth offender's + } release on probation
and the requirements imposed on the { - youth's - } { + youth
offender's + } probation under subsection (2) of this section.
SECTION 110. ORS 419C.449 is amended to read:
Enrolled Senate Bill 69 (SB 69-B) Page 69
419C.449. (1) In determining whether to impose a supervision
fee under ORS 419C.446 (2), the court shall consider whether the
youth { + offender + } or the parent or legal guardian of the
youth { + offender + } will be able to pay the fee. When a
supervision fee is required, the fee shall be determined and
fixed by the county juvenile department.
(2) The county shall collect or provide by contract for the
collection of the supervision fee from the youth { +
offender + } or the parent or legal guardian of the youth { +
offender + } and shall retain the fee to be used by the county
for funding of its juvenile department program.
SECTION 111. ORS 419C.453 is amended to read:
419C.453. Pursuant to hearing, the juvenile court may order a
youth { + offender + } 12 years of age or older placed in a
detention facility { - for youths - } for a specific period of
time not to exceed eight days, in addition to time already spent
in the facility, unless a program plan that is in conformance
with standards established by the Oregon Criminal Justice
Commission has been filed with and approved by the commission, in
which case the youth { + offender + } may be held in detention
for a maximum of 30 days in addition to time already spent in the
facility, when:
(1) The youth { + offender + } has been found to be within the
jurisdiction of the juvenile court by reason of having committed
an act which would be a crime if committed by an adult; or
(2) The youth { + offender + } has been placed on formal
probation for an act which would be a crime if committed by an
adult, and has been found to have violated a condition of that
probation.
SECTION 112. ORS 419C.456 is amended to read:
419C.456. Pursuant to a hearing, the juvenile court may order a
youth { + offender + } 12 years of age or older placed in a
detention facility { - for youths - } for a specific period of
time not to exceed eight days, in addition to time already spent
in the facility, when the youth { + offender + } has been found
to be within the jurisdiction of the juvenile court by reason of
having escaped from a { - juvenile - } detention facility
{ - as defined in ORS 419A.004 - } , after having been placed in
the facility pursuant to the filing of a petition alleging that
the youth has committed an act which would be a crime if
committed by an adult or the offense described in ORS 419C.159.
SECTION 113. ORS 419C.459 is amended to read:
419C.459. In circumstances under which, if the youth
{ + offender + } were an adult, a fine not exceeding a certain
amount could be imposed under the Oregon Criminal Code, the court
may impose such a fine upon the youth { + offender + }. In
determining whether to impose a fine and, if so, then in what
amount, the court shall consider whether the youth { +
offender + } will be able to pay a fine and whether payment of a
fine is likely to have a rehabilitative effect on the youth { +
offender + }. Fines ordered paid under this section shall be
collected by the clerk of the court.
SECTION 114. ORS 419C.461 is amended to read:
419C.461. (1) When a youth { - is - } { + offender has
been + } found to be within the jurisdiction of the juvenile
court for having committed an act that if committed by an adult
would constitute a violation of ORS 164.383 or 164.386 or
criminal mischief and the act consisted of defacing property by
creating graffiti, the court, in addition to any other
disposition, may order the youth { + offender + } to perform:
Enrolled Senate Bill 69 (SB 69-B) Page 70
(a) Personal service, as provided in ORS 419C.465, consisting
of removing graffiti; or
(b) If the victim does not agree to the personal service,
community service consisting of removing graffiti at some
location other than that defaced by the youth { + offender + }.
(2) In no case shall the youth { + offender + }, pursuant to
this section, perform more hours of personal or community service
than would be indicated by dividing the monetary damage caused by
the youth { + offender + } by the legal minimum wage.
(3)(a) When a youth { - is - } { + offender has been + }
found to be within the jurisdiction of the juvenile court for
having committed an act that if committed by an adult would
constitute a violation of ORS 164.383, the court may find the
parent, legal guardian or other person lawfully charged with the
care or custody of the youth { + offender + } liable for actual
damages to person or property caused by the youth { +
offender + }. However, a parent who is not entitled to legal
custody of the youth { + offender + } at the time of the act is
not liable for the damages.
(b) The legal obligation of the parent, legal guardian or other
person under this subsection may not exceed the liability
provided in ORS 30.765.
(c) The court may, with the consent of the parent, legal
guardian or other person, order the parent, legal guardian or
other person to complete a parent effectiveness program approved
by the court. Upon the parent's, legal guardian's or other
person's completion of the program to the satisfaction of the
court, the court may dismiss any other penalties imposed upon the
parent, legal guardian or other person.
SECTION 115. ORS 419C.462 is amended to read:
419C.462. The court may order a youth { + offender + } to
perform appropriate community service for a number of hours not
to exceed that which could be required under ORS 137.129 if the
youth { + offender + } were an adult.
SECTION 116. ORS 419C.465 is amended to read:
419C.465. Upon agreement of the youth { + offender + }, the
{ - youth's - } { + youth offender's + } parent or guardian
and the victim of the
{ - youth's - } { + youth offender's + } conduct, the court
may order a youth
{ - within the court's jurisdiction under ORS 419C.005 - }
{ + offender + } to perform personal service for the victim as a
condition of probation. Contact with a victim to determine
whether the victim is willing to agree to such personal service
shall be by a person to be designated by the court and
{ - shall - } { + may + } not be by the youth { +
offender + }. The victim shall be advised by such person of any
prior findings of juvenile court jurisdiction of the youth
{ + offender + } under ORS 419C.005. The court shall specify the
nature and length of the service as the court finds appropriate.
Personal service performed pursuant to the order shall constitute
full or partial satisfaction of any restitution ordered by the
court, as provided by agreement prior to the making of the order.
However, in no case shall the youth { + offender + }, pursuant
to this section, perform more hours of personal service than
would be indicated by dividing the victim's monetary loss by the
legal minimum wage.
SECTION 117. ORS 419C.473 is amended to read:
419C.473. (1) Whenever a youth { - is - } { + offender has
been + } found to be within the jurisdiction of the court under
Enrolled Senate Bill 69 (SB 69-B) Page 71
ORS 419C.005 for having committed an act { - which, - } { +
that + } if done by an adult would constitute a felony listed in
subsection (2) of this section, the court shall order the
youth { + offender + } to submit to the obtaining of a blood or
buccal sample in the manner provided by ORS 137.076. The court
shall further order that as soon as practicable after the entry
of the dispositional order, the law enforcement agency attending
upon the court shall cause a blood or buccal sample to be
obtained and transmitted in accordance with ORS 137.076. The
court may also order the youth { + offender + } to reimburse the
appropriate agency for the cost of obtaining and transmitting the
blood or buccal sample.
(2) The felonies to which subsection (1) of this section
applies are:
(a) Rape, sodomy, unlawful sexual penetration, sexual abuse in
the first or second degree, public indecency, incest or using a
child in a display of sexually explicit conduct, as those
offenses are defined in ORS 163.355 to 163.427, 163.465 (1)(c),
163.525 and 163.670;
(b) Burglary in the second degree, as defined in ORS 164.215,
when committed with intent to commit any offense listed in
paragraph (a) of this subsection;
(c) Promoting or compelling prostitution, as defined in ORS
167.012 and 167.017;
(d) Burglary in the first degree, as defined in ORS 164.225;
(e) Assault in the first degree, as defined in ORS 163.185;
(f) Conspiracy or attempt to commit any Class A or Class B
felony listed in paragraphs (a) to (e) of this subsection; or
(g) Murder or aggravated murder.
(3) No order for the obtaining and transmitting of a blood or
buccal sample is required to be entered if:
(a) The Department of State Police notifies the court or the
law enforcement agency attending upon the court that it has
previously received an adequate blood or buccal sample taken from
the youth { + offender + } in accordance with this section, ORS
137.076 or 161.325 (4); or
(b) The court determines that obtaining a sample would create a
substantial and unreasonable risk to the health of the youth
{ + offender + }.
(4) Notwithstanding any other provision of law, blood and
buccal samples and other physical evidence and criminal
identification information obtained under authority of this
section or as a result of analysis conducted pursuant to ORS
181.085 may be maintained, stored, destroyed and released to
authorized persons or agencies under the conditions established
in ORS 181.085 and rules adopted by the Department of State
Police under the authority of that section.
SECTION 118. ORS 419C.475 is amended to read:
419C.475. (1) Whenever a youth { - is - } { + offender has
been + } found to be within the jurisdiction of the court under
ORS 419C.005 (1) for having committed an act from which it
appears that the transmission of body fluids from one person to
another as described in ORS 135.139 may have been involved or a
sexual act may have occurred, the court shall order the
youth { + offender + } to submit to HIV testing as provided in
ORS 135.139 if the victim, or parent or guardian of the victim,
requests the court to make such an order.
(2) The court may also order the youth { + offender + } or the
parent or guardian of the youth { + offender + } to reimburse
the appropriate agency for the cost of the test.
Enrolled Senate Bill 69 (SB 69-B) Page 72
SECTION 119. 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 - } { + a + } youth offender { + who is at least 12
years of age + } 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 - } { +
a + } youth offender in the legal custody of the Department of
Human Services for care, placement and supervision. In any order
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 department.
(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 department to youth offenders placed in the youth authority's
or department's custody and to the parents or guardians of the
youth offenders, but the actual planning and provision of
{ - such - } { + the + } care, supervision, security or
services { - shall be - } { + is + } the responsibility of
the youth authority or the department. The youth authority or the
department 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 department 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
{ + age or + }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
department;
(c) The court finds that the department 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 Director of Human
Services 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 department.
(5) If the youth offender has been placed in the custody of the
youth authority or the department, the court { - shall make
no - } { + may not make a + } commitment directly to any
residential facility, but shall cause the youth offender to be
delivered into the custody of the youth authority or the
department at the time and place fixed by rules of the youth
authority or the department.
{ - No - } { + A + } youth offender { - so - } committed
{ - shall - } { + under this subsection may not + }be placed
in a Department of Corrections institution.
Enrolled Senate Bill 69 (SB 69-B) Page 73
SECTION 120. ORS 419C.481 is amended to read:
419C.481. (1) The juvenile court { - shall retain
wardship - } { + retains jurisdiction + } and the Oregon Youth
Authority { - shall retain - } { + retains + } legal custody
of { - the - } { + a + } youth { + offender + } committed to
it regardless of the physical placement of the youth { +
offender + } by the youth authority.
(2) When the court grants legal custody to the youth authority,
it may also grant guardianship of the youth { + offender + } to
the youth authority, to remain in effect solely while the youth
{ + offender + } remains in the legal custody of the youth
authority.
(3) The director of the youth authority may authorize the
superintendent of the youth correction facility, as defined in
ORS 420.005, in which the youth { + offender + } is placed, if
any, to exercise the duties and authority of a guardian of the
youth { + offender + } under ORS 419C.558 and to determine
parole and final release under ORS 420.045.
SECTION 121. ORS 419C.486 is amended to read:
419C.486. To ensure effective planning for { - youths - }
{ + youth offenders committed to its custody + }, the Oregon
Youth Authority shall take into consideration recommendations and
information provided by the committing court before placement in
any facility. The youth authority shall ensure that the case
planning in any case:
(1) For the reunification of the family bears a rational
relationship to the jurisdictional findings that brought the
youth { + offender + } within the court's jurisdiction under
ORS 419C.005;
(2) Incorporates the perspective of the youth { + offender + }
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
(3) Is integrated with other agencies in cooperation with the
caseworkers.
SECTION 122. ORS 419C.489 is amended to read:
419C.489. Whenever a youth { + offender + } who is in need of
medical care or other special treatment by reason of physical or
mental condition is placed in the custody of the Oregon Youth
Authority by the juvenile court, the youth authority shall
prepare a plan for care or treatment within 14 days after
assuming custody of the youth { + offender + }. The court may
indicate in general terms the type of care which it regards as
initially appropriate. A copy of the plan, including a time
schedule for its implementation, shall be sent to the juvenile
court { - which - } { + that + } committed the youth { +
offender + } to the youth authority. The court may at any time
request regular progress reports on implementation of the plan.
The youth authority shall notify the court when the plan is
implemented, and shall report to the court concerning the
progress of the youth { + offender + } annually thereafter. If
the plan is subsequently revised, the youth authority shall
notify the court of the revisions and the reasons therefor.
SECTION 123. ORS 419C.498 is amended to read:
419C.498. If there is an interstate compact or agreement or an
informal arrangement with another state permitting the youth
{ + offender + } to reside in another state while on probation
or under protective supervision, or to be placed in an
institution or with an agency in another state, the court may
Enrolled Senate Bill 69 (SB 69-B) Page 74
place the youth { + offender + } on probation or under
protective supervision in such other state, or, subject to ORS
419C.495, place the youth { + offender + } in an institution in
such other state in accordance with the compact, agreement or
arrangement.
SECTION 124. ORS 419C.507 is amended to read:
419C.507. The court may, in lieu of or in addition to any
disposition under this chapter, direct that { - the - } { +
a + } youth { + offender + } be examined or treated by a
physician, psychiatrist or psychologist, or receive other special
care or treatment in a hospital or other suitable facility. If
the court determines that mental health examination and treatment
should be provided by services delivered through the Department
of Human Services, the department shall determine the appropriate
placement or services in consultation with the court, the Oregon
Youth Authority and other affected agencies. If the youth
authority or another affected agency objects to the type of
placement or services, the court shall determine the appropriate
type of placement or service. During the examination or treatment
of the youth { + offender + }, the department may, if
appropriate, be appointed guardian of the youth { +
offender + }.
SECTION 125. ORS 419C.550 is amended to read:
419C.550. A person, agency or institution having legal custody
of a youth { + or youth offender + } has the following duties
and authority:
(1) To have physical custody and control of the youth { + or
youth offender + }.
(2) To supply the youth { + or youth offender + } with food,
clothing, shelter and incidental necessaries.
(3) To provide the youth { + or youth offender + } with care,
education and discipline.
(4) To authorize ordinary medical, dental, psychiatric,
psychological, hygienic or other remedial care and treatment for
the youth { + or youth offender + }, and, in an emergency
{ - where the youth's - } { + when the youth or youth
offender's + }safety appears urgently to require it, to
authorize surgery or other extraordinary care.
(5) To make such reports and to supply such information to the
court as the court may from time to time require.
(6) To apply for any social security benefits or public
assistance to which the youth { + or youth offender + } is
otherwise entitled and to use the benefits or assistance to pay
for the care of the youth { + or youth offender + }.
SECTION 126. ORS 419C.555 is amended to read:
419C.555. Except when the court grants legal custody to the
Oregon Youth Authority, the court may grant guardianship of the
youth { + offender + } to a private institution or agency to
which the youth { + offender + } is committed or to some
suitable person or entity if it appears necessary to do so in the
interests of the youth { + offender + }.
SECTION 127. ORS 419C.558 is amended to read:
419C.558. A person, agency or institution having guardianship
of a youth { + offender + } by reason of appointment by the
court has the duties and authority of a guardian of the youth
{ + offender + }, including but not limited to the following:
(1) To authorize surgery for the youth { + offender + }, but
this authority does not prevent the person having legal custody
of the youth { + offender + } from acting under ORS 419C.550
(4).
Enrolled Senate Bill 69 (SB 69-B) Page 75
(2) To authorize the youth { + offender + } to enlist in the
Armed Forces of the United States.
(3) To consent to the { - youth's - } { + youth
offender's + } marriage.
(4) To make other decisions concerning the youth { +
offender + } of substantial legal significance.
(5) To make such reports and to supply such information to the
court as the court may from time to time require.
SECTION 128. ORS 419C.561 is amended to read:
419C.561. A person appointed guardian of { - the - } { +
a + } youth { + offender + } by the court is guardian only and
not a conservator of the estate of the youth { + offender + },
unless that person is appointed conservator of the
{ - youth's - } { + youth offender's + } estate in a
protective proceeding as provided in ORS chapter 125.
SECTION 129. ORS 419C.570 is amended to read:
419C.570. (1)(a) A parent or legal guardian of { - any youth
found to be within the jurisdiction of the court as provided in
ORS 419C.005 - } { + a youth offender + }, if { - such - }
{ + the + } parent or guardian was served with summons under
ORS 419C.300, 419C.303 and 419C.306 prior to the adjudication or
at least 10 days prior to disposition, { - shall be - } { +
is + } subject to the jurisdiction of the court for purposes of
this section. The court may:
(A) Order the parent or guardian to assist the court in any
reasonable manner in providing appropriate education or
counseling for the youth { + offender + };
(B) If the youth offender is within the jurisdiction of the
court for having committed an act that if committed by an adult
would constitute a violation of ORS 166.250, 166.370 or 166.382,
require the parent or guardian to pay or cause to be paid all or
part of the reasonable costs of any mental health assessment or
screening ordered by the court under ORS 419C.109 (3);
(C) If the court orders probation, require the parent or
guardian to enter into a contract with the juvenile department in
regard to the supervision and implementation of the
{ - youth's - } { + youth offender's + } probation; or
(D) If the court orders probation, require the parent or
guardian to pay all or a portion of the supervision fee if a
supervision fee is imposed under ORS 419C.446 (2).
(b) In all cases in which a youth { + offender + } is placed
on probation, the juvenile department and the parent or guardian
shall develop a plan for supervision of the youth { +
offender + }. The plan must be reasonably calculated to provide
the supervision necessary to prevent further acts of delinquency
given the individual circumstances of the youth { +
offender + }. The court shall review and ratify the plan and make
the plan a part of the probation order.
(2) The court may require the parent or guardian to pay a
specific sum not to exceed $1,000 for a violation by the parent
or guardian of the court's order or the contract under subsection
(1)(a) of this section.
(3) The court may not revoke a { - youth's - } { + youth
offender's + } probation solely because of a failure of the
{ - youth's - } { + youth offender's + } parent or guardian to
comply with an order or a contract under subsection (1)(a) of
this section.
SECTION 130. ORS 419C.573 is amended to read:
419C.573. (1)(a) The court may order the parent or guardian to
participate in any educational or counseling programs as are
Enrolled Senate Bill 69 (SB 69-B) Page 76
reasonably directed toward improvement of parenting skills and
the ability of the parent to supervise the youth { +
offender + } if the court finds:
(A) That a deficiency in parenting skills has significantly
contributed to the circumstances bringing the youth { +
offender + } within the jurisdiction of the court; and
(B) That participation would be consistent with the best
interests of the youth { + offender + }.
(b) The programs may include, but need not be limited to,
parenting classes.
(c) The court may order such participation with the youth { +
offender + } or separately.
(2) As an alternative to a contempt proceeding, the court may
require a parent or guardian to pay a specific sum not to exceed
$1,000 for a violation by the parent or guardian of an order
under subsection (1) of this section.
(3) The court may not revoke a { - youth's - } { + youth
offender's + } probation solely because of a failure of the
{ - youth's - } { + youth offender's + } parent or guardian to
comply with an order under subsection (1) of this section.
SECTION 131. ORS 419C.575 is amended to read:
419C.575. If the court finds that the parent's or guardian's
addiction to or habitual use of alcohol or controlled substances
has significantly contributed to the circumstances bringing the
youth { + offender + } within the jurisdiction of the court
{ - in a proceeding under ORS 419C.005 - } , the court may
conduct a special hearing to determine if the court should order
the parent or guardian to participate in treatment and pay the
costs thereof. Notice of this hearing shall be by special
petition and summons to be filed by the court and served upon the
parent or guardian. The court shall appoint counsel to represent
the parent or guardian if the parent or guardian is eligible
under ORS 135.050. If, at this hearing, the court finds it is in
the best interest of the youth { + offender + } for the parent
or guardian to be directly involved in treatment, the judge may
order the parent or guardian to participate in treatment. The
dispositional order shall be in writing and shall contain
appropriate findings of fact and conclusions of law. The judge
shall state with particularity, both orally and in the written
order of the disposition, the precise terms of the disposition.
SECTION 132. ORS 419C.590 is amended to read:
419C.590. 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. 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 + }.
SECTION 132a. { + If House Bill 2277 becomes law, section 132
of this 2003 Act (amending ORS 419C.590) is repealed and ORS
Enrolled Senate Bill 69 (SB 69-B) Page 77
419C.590, as amended by section 17, chapter 116, 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 + }.
SECTION 133. ORS 419C.595 is amended to read:
419C.595. Any order for support entered pursuant to ORS
419C.590 for a youth { + offender + } in the care and custody of
the Oregon Youth Authority may be made contingent upon the youth
{ + offender + } residing in a state financed or supported
residence, shelter or other facility or institution. A
certificate signed by the director of the youth authority, the
Administrator of the Division of Child Support or the
administrator's authorized representative { - shall be - }
{ + is + } sufficient to establish such periods of residence
and to satisfy the order for periods of nonresidence.
SECTION 134. ORS 419C.600 is amended to read:
419C.600. (1) An order of support entered pursuant to ORS
419C.590, 419C.592, 419C.595 and 419C.597 may be enforced by
execution or in the manner provided by law for the enforcement of
a judgment granting an equitable remedy or by an order to
withhold pursuant to ORS 25.372 to 25.427.
(2) No property of the { - youth's - } { + youth
offender's + } parents, or either of them, or other person
legally obligated to support the youth { + offender + } is
exempt from levy and sale or other process to enforce collection
Enrolled Senate Bill 69 (SB 69-B) Page 78
of the amounts ordered by the court to be paid toward the support
of the youth { + offender + }.
SECTION 135. ORS 419C.613 is amended to read:
419C.613. (1) Except as provided in subsection (2) of this
section, notice and a hearing as provided in this chapter shall
be granted in any case where the effect of modifying or setting
aside the order will or may be to deprive a parent of the legal
custody of the youth { + offender + }, to place the youth { +
offender + } in an institution or agency or to transfer the
youth { + offender + } from one institution or agency to
another. However, the provisions of this subsection
{ - shall - } { + do + } not apply to a parent whose rights
have been terminated by the court or whose child has been
permanently committed by order of the court unless an appeal from
such order is pending.
(2) Notice and a hearing as provided in subsection (1) of this
section are not required where the effect of modifying or setting
aside the order will be to transfer the youth { + offender + }
from one foster home to another.
SECTION 136. ORS 419C.650 is amended to read:
419C.650. The court shall conduct a dispositional review
hearing no later than 18 months after the original placement and
periodically thereafter during the continuation of substitute
care. Unless good cause otherwise is shown, the court shall also
conduct a dispositional review hearing at any time upon the
request of the Oregon Youth Authority, an agency directly
responsible for care or placement of the youth { + offender + },
parents whose parental rights have not been terminated, an
attorney for the youth { + offender + }, a court appointed
special advocate, a citizen review board or upon its own motion.
The court shall schedule the hearing as soon as possible after
receiving a request.
SECTION 137. ORS 419C.653 is amended to read:
419C.653. (1) The court may order that the youth { +
offender + } or any other person be present during the hearing
under ORS 419C.650.
(2) The court shall notify the parties listed in ORS 419C.650
and any other interested parties of the hearing. The notice shall
state the time and place of the hearing. Upon request of the
court, the Oregon Youth Authority or other legal custodian of the
youth { + offender + } shall provide the court with information
concerning the whereabouts and identity of such parties.
SECTION 138. ORS 419C.656 is amended to read:
419C.656. (1) The court shall enter an order within 20 days
after the review hearing. { - Where - } { + When + } the
youth { + offender + } is in substitute care, the order shall
include a determination of:
(a) Whether or not the youth { + offender + } should be
returned to the parent;
(b) Whether or not the youth { + offender + } should be placed
for adoption;
(c) Whether the youth { + offender + } should continue in
substitute care for a specified period; or
(d) Whether, because of special needs or circumstances, the
youth { + offender + } should be placed in the permanent custody
or guardianship of a responsible relative or other individual or
should continue in substitute care on a permanent or long-term
basis.
(2) If the court determines that the youth { - shall - }
{ + offender should + } be placed or continued in substitute
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care or placed in the custody or guardianship of a relative or
other responsible individual, the court shall enter written
findings specifying why neither placement with parents nor
adoption is appropriate. If the current placement is not expected
to be permanent, the court shall specify a projected timetable
for return home or another permanent placement. If the timetable
set forth by the court is not met, the Oregon Youth Authority
shall promptly notify the court and parties.
(3) In the course of the dispositional review 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 youth authority to develop or expand a 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 youth { + offender + } prior to its next review under ORS
419A.106, 419A.108, 419A.110, 419A.112, 419A.116 and 419A.118;
(d) Order the youth authority or other agency directly
responsible for the youth { + offender + } to modify the care,
placement and supervision of the youth { + offender + }; and
(e) Determine whether the youth authority or other agency
directly responsible for the youth { + offender + } has made
reasonable efforts to reunify the family.
(4) The dispositional review hearing shall be conducted in the
manner provided in ORS 419C.400 (1), 419C.405 and 419C.408,
except that the court may receive testimony and reports as
provided in ORS 419C.400 (3).
(5) Any final decision of the court made pursuant to the
dispositional review hearing is appealable under ORS 419A.200.
SECTION 139. ORS 420.005 is amended to read:
420.005. As used in ORS 420.005 to 420.048, 420.060 to 420.235,
420.810 to 420.840 and 420.905 to 420.915, unless the context
requires otherwise:
(1) 'Design capacity' means the number of { - youths - }
{ + youth offenders or other persons + }a youth correction
facility is able to hold based on applicable safety codes and
standards.
(2) 'Director' means the Director of the Oregon Youth
Authority.
(3) 'Youth authority' means the Oregon Youth Authority.
(4) 'Youth correction facility' means a facility used for the
confinement of youth offenders and other persons placed in the
legal or physical custody of the youth authority and includes
secure regional youth facilities, regional accountability camps,
residential academies and satellites, camps and branches of those
facilities.
(5) 'Youth offender' has the meaning given that term in ORS
419A.004.
SECTION 140. ORS 420.011 is amended to read:
420.011. (1) Except as provided in subsections (2) and (3) of
this section, admissions to the youth correction facilities are
limited to youth offenders { + who are at least 12 but + }less
than 19 years of age, found by the juvenile court to have
committed an act that if committed by an adult would constitute
aggravated murder, murder, a felony or a Class A misdemeanor and
placed in the legal custody of the Oregon Youth Authority. A
youth offender admitted to a youth correction facility may not be
Enrolled Senate Bill 69 (SB 69-B) Page 80
transferred by administrative process to any penal or
correctional institution.
(2)(a) In addition to the persons placed in the legal custody
of the youth authority under ORS 419C.478 (1) or 419C.481, and
with the concurrence of the Director of the Oregon Youth
Authority or the director's designee, persons who are committed
to the Department of Corrections under ORS 137.124 and meet the
requirements of ORS 137.124 (5) or (7) may be temporarily
assigned to a youth correction facility as provided by ORS
137.124 (5) or (7). A person assigned on such a temporary basis
remains within the legal custody of the Department of Corrections
and such reassignment is subject to termination by the Director
of the Oregon Youth Authority by referring the person back to the
Department of Corrections as provided in paragraph (b) of this
subsection.
(b) After a person is transferred to the physical custody of
the youth authority under ORS 137.124 (5) or (7), the Director of
the Oregon Youth Authority may refer the person back to the
Department of Corrections for physical custody and placement if
the director, after consulting with the Department of
Corrections, determines that the person:
(A) Poses a substantial danger to youth authority staff or
persons in the custody of the youth authority; or
(B) Is not likely, in the foreseeable future, to benefit from
the rehabilitation and treatment programs administered by the
youth authority and is appropriate for placement in a Department
of Corrections institution.
(3) Any person under 18 years of age at the time of committing
the crime and under 20 years of age at the time of sentencing and
commitment who, after waiver under ORS 419C.349, 419C.352,
419C.364 or 419C.370 or sentencing under ORS 137.707 (5)(b)(A) or
(7)(b) or 137.712, is sentenced to a term of imprisonment in the
custody of the Department of Corrections, and any person under 16
years of age who after waiver under ORS 419C.349, 419C.352,
419C.364 or 419C.370 or sentencing under ORS 137.707 (5)(b)(A) or
(7)(b) or 137.712 is sentenced to a term of imprisonment in the
county jail, shall be temporarily assigned to a youth correction
facility by the Department of Corrections, or by the sheriff to
whose custody the person has been committed, pursuant to ORS
137.124 (6). The director shall designate the appropriate youth
correction facility or schools for such assignment. A person
assigned to a youth correction facility under ORS 137.124 (6) and
this subsection remains within the legal custody of the
Department of Corrections or sheriff to whose custody the person
was committed. The assignment of such a person to the youth
correction facility is subject, when the person is 16 years of
age or older, to termination by the director by referring the
person back to the Department of Corrections or the sheriff to
serve the balance of the person's sentence. Assignment to a youth
correction facility pursuant to ORS 137.124 (6) and this
subsection, if not terminated earlier by the director, shall
terminate upon the person's attaining the age specified in ORS
420A.010 (5) setting the age limits for which the Oregon Youth
Authority may retain legal and physical custody of the person,
and the person shall be referred to the Department of Corrections
or the sheriff having legal custody of the person to serve the
balance of the person's sentence.
(4) Whenever a person committed to the custody of the
Department of Corrections is temporarily assigned to a youth
correction facility pursuant to this section, the youth authority
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{ - shall have authority to - } { + may + } provide
{ - such - } programs and treatment for { - such - } { +
the + } person, and { - to - } { + may + } adopt rules
relating to conditions of confinement at the youth correction
facility, as the youth authority determines are appropriate.
However, the person { - shall remain - } { + remains + }
subject to laws and rules of the State Board of Parole and
Post-Prison Supervision relating to parole.
SECTION 141. ORS 420.031 is amended to read:
420.031. (1) The granting of legal custody and guardianship
over the { - youth's person - } { + youth offender + } to the
Oregon Youth Authority does not terminate the juvenile court's
{ - wardship - } { + jurisdiction + } over the youth { +
offender + }.
(2) Upon parole of the { - person - } { + youth
offender + } from a youth correction facility, the legal custody
of the { - person - } { + youth offender + } is vested in the
parents of the { - person - } { + youth offender + } or other
person to whom the { - person - } { + youth offender + } is
returned, subject to ORS 420.045 (3).
SECTION 142. ORS 420A.010 is amended to read:
420A.010. (1) The Oregon Youth Authority is established. The
youth authority shall:
(a) Supervise the management and administration of youth
correction facilities, state parole and probation services,
community out-of-home placement for youth offenders
{ + committed to its legal custody + } and other functions
related to state programs for youth corrections;
(b) Provide capital improvements and capital construction
necessary for the implementation of all youth correction
facilities;
(c) Carry out dispositions of youth offenders committed to its
legal custody;
(d) Exercise custody and supervision over those youth offenders
committed to the youth authority by order of the juvenile court
and persons placed in the physical custody of the youth authority
under ORS 137.124 or other statute until the time that a lawful
release authority authorizes release or terminates the commitment
or placement;
(e) Provide adequate food, clothing, health and medical care,
sanitation and security for confined youth offenders and others
in youth authority custody;
(f) Provide youth offenders and others in youth authority
custody with opportunities for self-improvement and work; and
(g) Conduct investigations and prepare reports for release
authorities.
(2) To meet the individual circumstances of each person
committed to its custody, the youth authority shall:
(a) Develop a flexible fee-for-service provider system that can
respond quickly to each person's identified and changing
circumstances; and
(b) Develop a process for joint state and county review of
contracts entered into under subsection (6)(b) of this section
and paragraph (a) of this subsection based on:
(A) Measurable outcomes, which must include in dominant part
the reduction of future criminal or antisocial conduct and which
also must include:
(i) Academic progress;
(ii) Social adjustments;
(iii) Behavioral improvements;
Enrolled Senate Bill 69 (SB 69-B) Page 82
(iv) Rearrests; and
(v) Other measurements as determined by the youth authority;
(B) Performance measurements including:
(i) Fiscal accountability;
(ii) Compliance with state and federal regulations;
(iii) Record keeping, including data collection and management;
and
(iv) Reporting; and
(C) Provision of services identified under the reformation
plan.
(3) In order to measure performance as required in subsection
(2) of this section, the youth authority shall require parties to
the contracts to compile, manage and exchange data to the extent
of available information systems resources to facilitate the
measurement of outcomes including, but not limited to, reduction
in future criminal or antisocial conduct.
(4) The youth authority may administer a program of state
assistance to counties for the construction and operation of
local youth detention facilities or to purchase detention
services.
(5) The youth authority shall accept and exercise legal or
physical custody of youth offenders and others 12 years of age
and over and under 25 years of age who are committed to, or
placed with, the youth authority pursuant to:
(a) A juvenile court adjudication and disposition under ORS
chapter 419C; or
(b) ORS 137.124.
(6)(a) The youth authority shall cooperate with and assist
county governments and juvenile departments in carrying out the
principles and purposes of the juvenile justice system as
provided in ORS 419C.001.
(b) The youth authority is authorized to contract with
counties, groups of counties or private providers to administer
juvenile corrections programs and services as provided in ORS
420.017, 420.019, 420A.145 and 420A.155 (1) to (4).
(c) The youth authority may provide consultation services
related to the juvenile justice system to local or statewide
public or private agencies, groups and individuals or may
initiate such consultation services. Consultation services
include, but are not limited to, conducting studies and surveys,
sponsoring or participating in educational programs and providing
advice and assistance. Nothing in ORS 419C.001 and 420A.005 to
420A.155 is intended to diminish the state's efforts to plan,
evaluate and deliver effective human services programs to youth
offenders, either in a youth correction facility or on probation
or parole. Therefore, the Oregon Youth Authority and the
Department of Human Services shall jointly develop and implement
needed social and rehabilitative services.
(7) The youth authority { - shall be - } { + is + } the
recipient of all federal funds paid or to be paid to the state to
enable the state to provide youth correction programs and
services assigned to the Department of Human Services prior to
January 1, 1996.
(8) The youth authority shall report its progress in
implementing the provisions of chapter 422, Oregon Laws 1995, to
the Legislative Assembly at each regular session.
(9) The equal access provisions of ORS 417.270 apply to the
youth authority's development and administration of youth
correction facilities, programs and services, including the
Enrolled Senate Bill 69 (SB 69-B) Page 83
development and implementation of the statewide diversion plan
described in ORS 420.017.
(10) The youth authority shall:
(a) Be cognizant of and sensitive to the issue of
overrepresentation of minority youth { + offenders + } in youth
correction facilities;
(b) Endeavor to develop and operate, and require its
subcontractors to develop and operate, culturally appropriate
programs for youth offenders; and
(c) Keep data reflecting the ethnicity and gender of all youth
offenders committed to its care.
(11) The youth authority is a designated agency as defined in
ORS 181.010.
SECTION 143. { + ORS 419A.002 is repealed. + }
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Passed by Senate April 28, 2003
Repassed by Senate June 4, 2003
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 30, 2003
...........................................................
Speaker of House
Enrolled Senate Bill 69 (SB 69-B) Page 84
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled Senate Bill 69 (SB 69-B) Page 85