72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
Senate Bill 808
Sponsored by Senator BROWN (at the request of Juvenile Rights
Project)
CHAPTER ................
AN ACT
Relating to juveniles; amending ORS 419B.343, 419B.476 and
419B.498.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 419B.476 is amended to read:
419B.476. (1) A permanency hearing shall be conducted in the
manner provided in ORS 418.312, 419B.310, 419B.812 to 419B.839
and 419B.908, except that the court may receive testimony and
reports as provided in ORS 419B.325.
(2) At a permanency hearing the court shall:
(a) If the case plan at the time of the hearing is to reunify
the family, determine whether the Department of Human Services
has made reasonable efforts or, if the Indian Child Welfare Act
applies, active efforts to make it possible for the child to
safely return home and whether the parent has made sufficient
progress to make it possible for the child to safely return home.
In making its determination, the court shall consider the child's
health and safety the paramount concerns.
(b) If the case plan at the time of the hearing is something
other than to reunify the family, determine whether the
department has made reasonable efforts to place the child in a
timely manner in accordance with the plan and to complete the
steps necessary to finalize the permanent placement of the child.
{ + (3)(a) In the circumstances described in paragraph (b) of
this subsection, in addition to making the determination required
by subsection (2)(a) or (b) of this section, at a permanency
hearing the court shall review the comprehensive plan for the
child's transition to independent living and determine and make
findings as to:
(A) Whether the plan is adequate to ensure the child's
successful transition to independent living;
(B) Whether the department has offered appropriate services
pursuant to the plan; and
(C) Whether the department has involved the child in the
development of the plan.
(b) The requirements of paragraph (a) of this subsection apply
when:
(A) The child is 16 years of age or older; or
(B) The child is 14 years of age or older and there is a
comprehensive plan for the child's transition to independent
living. + }
Enrolled Senate Bill 808 (SB 808-B) Page 1
{ - (3) - } { + (4) + } At a permanency hearing the court
may:
(a) If the case plan changed during the period since the last
review by a local citizen review board or court hearing and a
plan to reunify the family was in effect for any part of that
period, determine whether the department has made reasonable
efforts or, if the Indian Child Welfare Act applies, active
efforts to make it possible for the child to safely return home.
In making its determination, the court shall consider the child's
health and safety the paramount concerns;
(b) If the case plan changed during the period since the last
review by a local citizen review board or court hearing and a
plan other than to reunify the family was in effect for any part
of that period, determine whether the department has made
reasonable efforts to place the child in a timely manner in
accordance with the plan and to complete the steps necessary to
finalize the permanent placement of the child;
(c) If the court determines that further efforts will make it
possible for the child to safely return home within a reasonable
time, order that the parents participate in specific services for
a specific period of time and make specific progress within that
period of time;
(d) Determine the adequacy and compliance with the case plan
and the case progress report;
(e) Review the efforts made by the department to develop the
concurrent permanent plan, including but not limited to,
identification and selection of a suitable adoptive placement for
the child;
(f) Order the department to develop or expand the case plan or
concurrent permanent plan and provide a case progress report to
the court and other parties within 10 days after the permanency
hearing;
(g) Order the department or other agency directly responsible
for the child to modify the care, placement and supervision of
the child;
(h) Order the local citizen review board to review the status
of the child prior to the next court hearing; or
(i) Set another court hearing at a later date.
{ - (4) - } { + (5) + } The court shall enter an order
within 20 days after the permanency hearing. In addition to any
determinations or orders the court may make under subsection
{ - (3) - } { + (4) + } of this section, the order shall
include:
(a) The court's determination required under { - subsection
(2) - } { + subsections (2) and (3) + } of this section,
including a brief description of the efforts the department has
made with regard to the case plan in effect at the time of the
permanency hearing;
(b) The court's determination of the permanency plan for the
child that includes whether and, if applicable, when:
(A) The child will be returned to the parent;
(B) The child will be placed for adoption, and a petition for
termination of parental rights will be filed;
(C) The child will be referred for establishment of legal
guardianship; or
(D) The child will be placed in another planned permanent
living arrangement;
(c) If the court determines that the permanency plan for the
child should be to return home because further efforts will make
it possible for the child to safely return home within a
Enrolled Senate Bill 808 (SB 808-B) Page 2
reasonable time, the court's determination of the services in
which the parents are required to participate, the progress the
parents are required to make and the period of time within which
the specified progress must be made;
(d) If the court determines that the permanency plan for the
child should be adoption, the court's determination of whether
one of the circumstances in ORS 419B.498 (2) is applicable;
(e) If the court determines that the permanency plan for the
child should be establishment of a legal guardianship or
placement with a fit and willing relative, the court's
determination of why neither placement with parents nor adoption
is appropriate;
(f) If the court determines that the permanency plan for the
child should be a planned permanent living arrangement, the
court's determination of a compelling reason, which must be
documented by the department, why it would not be in the best
interests of the child to be returned home, placed for adoption,
placed with a legal guardian or placed with a fit and willing
relative;
(g) If the current placement is not expected to be permanent,
the court's projected timetable for return home or for placement
in another planned permanent living arrangement. If the timetable
set forth by the court is not met, the department shall promptly
notify the court and parties; and
(h) If an Indian child is involved, the tribal affiliation of
the child.
{ - (5) - } { + (6) + } If an Indian child is involved, the
court shall follow the placement preference established by the
Indian Child Welfare Act.
{ - (6) - } { + (7) + } Any final decision of the court
made pursuant to the permanency hearing is appealable under ORS
419A.200. On appeal of a final decision of the court under this
subsection, the court's finding, if any, under ORS 419B.340 (5)
that the department is not required to make reasonable efforts to
make it possible for the child to safely return home is an
interlocutory order to which a party may assign error.
SECTION 1a. { + If Senate Bill 69 becomes law, section 1 of
this 2003 Act (amending ORS 419B.476) is repealed and ORS
419B.476, as amended by section 81, chapter ___, Oregon Laws 2003
(Enrolled Senate Bill 69), 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 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.
Enrolled Senate Bill 808 (SB 808-B) Page 3
{ + (3)(a) In the circumstances described in paragraph (b) of
this subsection, in addition to making the determination required
by subsection (2)(a) or (b) of this section, at a permanency
hearing the court shall review the comprehensive plan for the
ward's transition to independent living and determine and make
findings as to:
(A) Whether the plan is adequate to ensure the ward's
successful transition to independent living;
(B) Whether the department has offered appropriate services
pursuant to the plan; and
(C) Whether the department has involved the ward in the
development of the plan.
(b) The requirements of paragraph (a) of this subsection apply
when:
(A) The ward is 16 years of age or older; or
(B) The ward is 14 years of age or older and there is a
comprehensive plan for the ward's transition to independent
living. + }
{ - (3) - } { + (4) + } At a permanency hearing the court
may:
(a) If the case plan changed during the period since the last
review by a local citizen review board or court hearing and a
plan to reunify the family was in effect for any part of that
period, determine whether the department has made reasonable
efforts or, if the Indian Child Welfare Act applies, active
efforts to make it possible for the { - child or - } ward to
safely return home. In making its determination, the court shall
consider the { - child or - } ward's health and safety the
paramount concerns;
(b) If the case plan changed during the period since the last
review by a local citizen review board or court hearing and a
plan other than to reunify the family was in effect for any part
of that period, determine whether the department has made
reasonable efforts to place the { - child or - } ward in a
timely manner in accordance with the plan and to complete the
steps necessary to finalize the permanent placement;
(c) If the court determines that further efforts will make it
possible for the { - child or - } ward to safely return home
within a reasonable time, order that the parents participate in
specific services for a specific period of time and make specific
progress within that period of time;
(d) Determine the adequacy and compliance with the case plan
and the case progress report;
(e) Review the efforts made by the department to develop the
concurrent permanent plan, including but not limited to,
identification and selection of a suitable adoptive placement for
the { - child or - } ward;
(f) Order the department to develop or expand the case plan or
concurrent permanent plan and provide a case progress report to
the court and other parties within 10 days after the permanency
hearing;
(g) Order the department or agency to modify the care,
placement and supervision of the { - child or - } ward;
(h) Order the local citizen review board to review the status
of the { - child or - } ward prior to the next court hearing;
or
(i) Set another court hearing at a later date.
{ - (4) - } { + (5) + } The court shall enter an order
within 20 days after the permanency hearing. In addition to any
determinations or orders the court may make under subsection
Enrolled Senate Bill 808 (SB 808-B) Page 4
{ - (3) - } { + (4) + } of this section, the order shall
include:
(a) The court's determination required under { - subsection
(2) - } { + subsections (2) and (3) + } of this section,
including a brief description of the efforts the department has
made with regard to the case plan in effect at the time of the
permanency hearing;
(b) The court's determination of the permanency plan for the
{ - child 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,
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;
(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) - } { + (6) + } If an Indian child is involved, the
court shall follow the placement preference established by the
Indian Child Welfare Act.
{ - (6) - } { + (7) + } Any final decision of the court
made pursuant to the permanency hearing is appealable under ORS
419A.200. On appeal of a final decision of the court under this
subsection, the court's finding, if any, under ORS 419B.340 (5)
that the department is not required to make reasonable efforts to
make it possible for the { - child or - } ward to safely
return home is an interlocutory order to which a party may assign
error.
Enrolled Senate Bill 808 (SB 808-B) Page 5
SECTION 2. ORS 419B.498 is amended to read:
419B.498. (1) Except as provided in subsection (2) of this
section, the Department of Human Services shall simultaneously
file a petition to terminate the parental rights of a child's
parents and identify, recruit, process and approve a qualified
family for adoption if the child is in the custody of the
department and:
(a) The child has been in substitute care under the
responsibility of the department for 15 months of the most recent
22 months;
(b) A parent has been convicted of murder of another child of
the parent, voluntary manslaughter of another child of the
parent, aiding, abetting, attempting, conspiring or soliciting to
commit murder or voluntary manslaughter of the child or of
another child of the parent or felony assault that has resulted
in serious physical injury to the child or to another child of
the parent; or
(c) A court of competent jurisdiction has determined that the
child 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 is being cared for by a relative and that
placement is intended to be permanent;
(b) There is a compelling reason, which is documented in the
case plan, for determining that filing such a petition would not
be in the best interests of the child. Such compelling reasons
include, but are not limited to:
(A) The parent is successfully participating in services that
will make it possible for the child to safely return home within
a reasonable time as provided in ORS 419B.476 { - (4)(c) - }
{ + (5)(c) + };
(B) Another permanent plan is better suited to meet the health
and safety needs of the child; or
(C) The court or local citizen review board in a prior hearing
or review determined that while the case plan was to reunify the
family the department did not make reasonable efforts or, if the
Indian Child Welfare Act applies, active efforts to make it
possible for the child to safely return home; or
(c) The department has not provided to the family of the child,
consistent with the time period in the case plan, such services
as the department deems necessary for the child to safely return
home, if reasonable efforts to make it possible for the child to
safely return home are required to be made with respect to the
child. { + + }
SECTION 3. ORS 419B.343 is amended to read:
419B.343. (1) To ensure effective planning for children, the
Department of Human Services shall take into consideration
recommendations and information provided by the committing court
before placement in any facility. The department shall ensure
that the case planning in any case:
(a) For the reunification of the family bears a rational
relationship to the jurisdictional findings that brought the
child within the court's jurisdiction under ORS 419B.100;
(b) Incorporates the perspective of the child and the family
and, whenever possible, allows the family to assist in designing
its own service programs, based on an assessment of the family's
needs and the family's solutions and resources for change; and
(c) Is integrated with other agencies in cooperation with the
caseworkers.
Enrolled Senate Bill 808 (SB 808-B) Page 6
(2) Except in cases when the plan is something other than to
reunify the family, the department shall include in the case
plan:
(a) Appropriate services to allow the parent the opportunity to
adjust the parent's circumstances, conduct or conditions to make
it possible for the child to safely return home within a
reasonable time; and
(b) A concurrent permanent plan to be implemented if the parent
is unable or unwilling to adjust the parent's circumstances,
conduct or conditions in such a way as to make it possible for
the child to safely return home within a reasonable time.
{ + (3) Any time after a child attains 14 years of age, if
the department determines that it is appropriate, but in no case
later than the date the child attains 16 years of age, the
department shall ensure that the case planning in the case
addresses the child's needs and goals for a successful transition
to independent living, including needs and goals related to
housing, physical and mental health, education, employment,
community connections and supportive relationships. + }
SECTION 3a. { + If Senate Bill 69 becomes law, section 3 of
this 2003 Act (amending ORS 419B.343) is repealed and ORS
419B.343, as amended by section 59, chapter ___, Oregon Laws 2003
(Enrolled Senate Bill 69), is amended to read: + }
419B.343. (1) To ensure effective planning for wards, the
Department of Human Services shall take into consideration
recommendations and information provided by the committing court
before placement in any facility. The department shall ensure
that the case planning in any case:
(a) For the reunification of the family bears a rational
relationship to the jurisdictional findings that brought the ward
within the court's jurisdiction under ORS 419B.100;
(b) Incorporates the perspective of the ward and the family
and, whenever possible, allows the family to assist in designing
its own service programs, based on an assessment of the family's
needs and the family's solutions and resources for change; and
(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 ward to safely return home within a
reasonable time; and
(b) A concurrent permanent plan to be implemented if the parent
is unable or unwilling to adjust the parent's circumstances,
conduct or conditions in such a way as to make it possible for
the ward to safely return home within a reasonable time.
{ + (3) Any time after a ward attains 14 years of age, if the
department determines that it is appropriate, but in no case
later than the date the ward attains 16 years of age, the
department shall ensure that the case planning in the case
addresses the ward's needs and goals for a successful transition
to independent living, including needs and goals related to
housing, physical and mental health, education, employment,
community connections and supportive relationships. + }
----------
Enrolled Senate Bill 808 (SB 808-B) Page 7
Passed by Senate May 19, 2003
Repassed by Senate June 16, 2003
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 10, 2003
...........................................................
Speaker of House
Enrolled Senate Bill 808 (SB 808-B) Page 8
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled Senate Bill 808 (SB 808-B) Page 9