Chapter 234
AN ACT
SB 408
Relating to termination of parental rights;
amending ORS 419B.498.
Be It Enacted by the People of
the State of
SECTION 1. 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 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 (5)(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 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.
(3) No petition to
terminate the parental rights of a child or ward’s parents pursuant to
subsection (1) of this section or pursuant to ORS 419B.500, 419B.502, 419B.504,
419B.506 or 419B.508 may be filed until the court has determined that the
permanency plan for the child or ward should be adoption after a permanency
hearing pursuant to ORS 419B.476.
Approved by the Governor May 30, 2007
Filed in the office of Secretary of State May 31, 2007
Effective date January 1, 2008
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