Chapter 806
AN ACT
SB 414
Relating to the placement of children; amending ORS 418.070, 419A.004,
419B.090, 419B.185, 419B.192, 419B.337, 419B.349, 419B.368, 419B.443, 419B.449,
419B.470, 419B.476 and 419B.498.
Be It Enacted by the People of
the State of
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 care center”
means a residential facility for wards or youth offenders
that is licensed under the provisions of ORS 418.240.
(3) “Community service”
has the meaning given that term in ORS 137.126.
(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.
(5) “Counselor” means a juvenile
department counselor or a county juvenile probation officer.
(6) “Court” means the
juvenile court.
(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 pursuant to ORS 419A.170.
(8) “Court facility” has
the meaning given that term in ORS 166.360.
(9) “Department” means
the Department of Human Services.
(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 children, wards, youths or youth
offenders pursuant to a judicial commitment or order.
(11) “Director” means
the director of a juvenile department established under ORS 419A.010 to
419A.020 and 419A.050 to 419A.063.
(12) “Guardian” means
guardian of the person and not guardian of the estate.
(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.
(14) “Juvenile court”
means the court having jurisdiction of juvenile matters in the several counties
of this state.
(15) “Local citizen
review board” means the board specified by ORS 419A.090 and 419A.092.
(16) “Parent” means the
biological or adoptive mother and the legal father of the child, ward, youth or
youth offender. As used in this subsection, “legal father” means:
(a) A man who has
adopted the child, ward, youth or youth offender or whose paternity has been
established or declared under ORS 109.070 or 416.400 to 416.465 or by a
juvenile court; and
(b) In cases in which
the Indian Child Welfare Act applies, a man who is a father under applicable
tribal law.
(17) “Permanent foster
care” means an out-of-home placement in which there is a long-term contractual
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 ward in substitute care or youth offender until the age of majority.
(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 ward.
(19) “Public building”
has the meaning given that term in ORS 166.360.
(20) “Reasonable time”
means a period of time that is reasonable given a child or ward’s emotional and
developmental needs and ability to form and maintain lasting attachments.
(21) “Records” means any
information in written form, pictures, photographs, charts, graphs, recordings
or documents pertaining to a case.
(22) “Resides” or “residence,”
when used in reference to the residence of a child, ward, youth or youth
offender, means the place where the child, ward, youth or youth offender is
actually living or the jurisdiction in which wardship or jurisdiction has been
established.
(23) “Restitution” has
the meaning given that term in ORS 137.103.
(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.
(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.
(26) “Short-term
detention facility” means a facility established under ORS 419A.050 (3) for
holding children, youths and youth offenders pending further placement.
(27) “Sibling” means
one of two or more children or wards related:
(a) By blood or adoption
through a common legal parent; or
(b) Through the marriage
of the children’s or wards’ legal or biological parents.
[(27)] (28) “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 that
the court has approved as a ward’s permanent placement, when a private child
caring agency has been appointed guardian of the ward and when the ward’s care
is entirely privately financed; or
(c) In-home placement
subject to conditions or limitations.
[(28)] (29) “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.
[(29)] (30) “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)] (31) “Ward” means a person within the jurisdiction of
the juvenile court under ORS 419B.100.
[(31)] (32) “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)] (33) “Youth care center” has the meaning given that
term in ORS 420.855.
[(33)] (34) “Youth offender” means a person 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.004, as amended by section 1, chapter
843, Oregon Laws 2005, 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 care center”
means a residential facility for wards or youth offenders
that is licensed under the provisions of ORS 418.240.
(3) “Community service”
has the meaning given that term in ORS 137.126.
(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.
(5) “Counselor” means a
juvenile department counselor or a county juvenile probation officer.
(6) “Court” means the
juvenile court.
(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 pursuant to ORS 419A.170.
(8) “Court facility” has
the meaning given that term in ORS 166.360.
(9) “Department” means
the Department of Human Services.
(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 children, wards, youths or youth
offenders pursuant to a judicial commitment or order.
(11) “Director” means
the director of a juvenile department established under ORS 419A.010 to
419A.020 and 419A.050 to 419A.063.
(12) “Guardian” means
guardian of the person and not guardian of the estate.
(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.
(14) “Juvenile court”
means the court having jurisdiction of juvenile matters in the several counties
of this state.
(15) “Local citizen
review board” means the board specified by ORS 419A.090 and 419A.092.
(16) “Parent” means the
biological or adoptive mother and the legal father of the child, ward, youth or
youth offender. As used in this subsection, “legal father” means:
(a) A man who has
adopted the child, ward, youth or youth offender or whose paternity has been
established or declared under ORS 109.070 or 416.400 to 416.465 or by a juvenile
court; and
(b) In cases in which
the Indian Child Welfare Act applies, a man who is a father under applicable
tribal law.
(17) “Permanent foster
care” means an out-of-home placement in which there is a long-term contractual
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 ward in substitute care or youth offender until the age of majority.
(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 ward.
(19) “Public building”
has the meaning given that term in ORS 166.360.
(20) “Reasonable time”
means a period of time that is reasonable given a child or ward’s emotional and
developmental needs and ability to form and maintain lasting attachments.
(21) “Records” means any
information in written form, pictures, photographs, charts, graphs, recordings
or documents pertaining to a case.
(22) “Resides” or “residence,”
when used in reference to the residence of a child, ward, youth or youth
offender, means the place where the child, ward, youth or youth offender is
actually living or the jurisdiction in which wardship or jurisdiction has been
established.
(23) “Restitution” has
the meaning given that term in ORS 137.103.
(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.
(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.
(26) “Short-term
detention facility” means a facility established under ORS 419A.050 (3) for
holding children, youths and youth offenders pending further placement.
(27) “Sibling” means
one of two or more children or wards related:
(a) By blood or adoption
through a common legal parent; or
(b) Through the marriage
of the children’s or wards’ legal or biological parents.
[(27)] (28) “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 that
the court has approved as a ward’s permanent placement, when a private child
caring agency has been appointed guardian of the ward and when the ward’s care
is entirely privately financed; or
(c) In-home placement
subject to conditions or limitations.
[(28)] (29) “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.
[(29)] (30) “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)] (31) “Ward” means a person within the jurisdiction of
the juvenile court under ORS 419B.100.
[(31)] (32) “Young person” means a person who has been found
responsible except for insanity under ORS 419C.411 and placed under the
jurisdiction of the Psychiatric Security Review Board.
[(32)] (33) “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.
[(33)] (34) “Youth care center” has the meaning given that
term in ORS 420.855.
[(34)] (35) “Youth offender” means a person 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 3. ORS 419B.090 is amended to read:
419B.090. (1) The juvenile court is a court of record and exercises
jurisdiction as a court of general and equitable jurisdiction and not as a
court of limited or inferior jurisdiction. The juvenile court is called “The _________
Court of _________ County, Juvenile Department.”
(2)(a) It is the policy
of the State of
(A) Permanency with a
safe family;
(B) Freedom from
physical, sexual or emotional abuse or exploitation; and
(C) Freedom from
substantial neglect of basic needs.
(b) Parents and
guardians have a duty to afford their children the rights listed in paragraph
(a) of this subsection. Parents and guardians have a duty to remove any impediment
to their ability to perform parental duties that afford these rights to their
children. When a parent or guardian fails to fulfill these duties, the juvenile
court may determine that it is in the best interests of the child to remove the
child from the parent or guardian either temporarily or permanently.
(c) The provisions of
this chapter shall be liberally construed to the end that a child coming within
the jurisdiction of the court may receive such care, guidance, treatment and
control as will lead to the child’s welfare and the protection of the
community.
(3) It is the policy
of the State of
[(3)] (4) It is the policy of the State of Oregon to guard
the liberty interest of parents protected by the Fourteenth Amendment to the
United States Constitution and to protect the rights and interests of children,
as provided in subsection (2) of this section. The provisions of this chapter
shall be construed and applied in compliance with federal constitutional
limitations on state action established by the United States Supreme Court with
respect to interference with the rights of parents to direct the upbringing of
their children, including, but not limited to:
(a) Guide the secular
and religious education of their children;
(b) Make health care
decisions for their children; and
(c) Discipline their
children.
[(4)] (5) It is the policy of the State of Oregon, in those
cases not described as extreme conduct under ORS 419B.502, to offer appropriate
reunification services to parents and guardians to allow them the opportunity
to adjust their circumstances, conduct or conditions to make it possible for
the child to safely return home within a reasonable time. Although there is a
strong preference that children live in their own homes with their own
families, the state recognizes that it is not always possible or in the best
interests of the child or the public for children who have been abused or
neglected to be reunited with their parents or guardians. In those cases, the
State of
[(5)] (6) The State of
SECTION 4. ORS 419B.185 is amended to read:
419B.185. (1) When 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, 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] the 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 consider the 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) When the court
determines that a child or ward shall be removed from the home or continued in
care, the court shall make written findings whether the department made
diligent efforts pursuant to ORS 419B.192. The court shall include in its
written findings a brief description of the efforts made by the department.
[(e)] (f) 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.
[(f)] (g) The court may receive
testimony, reports and other evidence without regard to whether the evidence is
admissible under ORS 40.010 to 40.210 and 40.310 to 40.585 if the evidence is
relevant to the determinations and findings required under this section. As
used in this paragraph, “relevant evidence” has the meaning given that term in
ORS 40.150.
(2) To aid the court in
making the written findings required by subsection (1)(a),
[and] (d) and (e) of this
section, the department shall present written documentation to the court
outlining:
(a) 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;
(b) The efforts the
department made pursuant to ORS 419B.192; and
(c) Why
protective custody is in the best interests of the child or ward.
SECTION 5. 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 of the child
or ward with relatives and persons who have a caregiver relationship with
the child or ward as defined in ORS 419B.116. The Department of Human Services
shall make [reasonable] diligent
efforts to place the child or ward with such persons and shall report to the
court [what] the efforts [were] made by the department to
effectuate [such a] that
placement.
(2) If a child or
ward in need of placement or continuation in substitute care has a sibling also
in need of placement or continuation in substitute care, the department shall
make diligent efforts to place the siblings together and shall report to the
court the efforts made by the department to carry out the placement, unless the
court finds that placement of the siblings together is not in the best
interests of the child or the ward or the child’s or the ward’s sibling.
[(2)] (3) In attempting to place the child or ward pursuant
to [subsection (1)] subsections
(1) and (2) of this section, the department shall consider, but not be
limited to considering, 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 or ward’s physical, emotional and
educational needs, including the child or ward’s need to continue in the same
school or educational placement; [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; and
(e) The ability of the
person being considered to provide a placement for the child’s or ward’s
sibling who is also in need of placement or continuation in substitute care.
[(3)] (4) Notwithstanding subsections (1) [and (2)] to (3) 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 6. ORS 419B.337 is amended to read:
419B.337. (1) When the
court determines it would be in the best interest and for the welfare of a
ward, the court may place the ward in the legal custody of the Department of
Human Services for care, placement and supervision. When the court enters an
order removing a ward from the ward’s home or an order continuing care, the
court shall make a written finding as to whether:
(a) Removal of the ward
from the ward’s home or continuation of care is in the best interest and for
the welfare of the ward; [and]
(b) Reasonable efforts,
considering the circumstances of the ward and parent, have been made to prevent
or eliminate the need for removal of the ward from the home or to make it
possible for the ward to safely return home. In making this finding, the court
shall consider the ward’s health and safety the paramount concerns; and
(c) Diligent efforts
have been made to place the ward pursuant to ORS 419B.192.
(2) The court may
specify the particular type of care, supervision or services to be provided by
the Department of Human Services to wards placed in the department’s custody
and to the parents or guardians of the wards, but the actual planning and
provision of such care, supervision or services is the responsibility of the
department. The department may place the ward in a child care center authorized
to accept the ward.
(3) The court may
make an order regarding visitation by the ward’s parents or siblings. The
Department of Human Services is responsible for developing and implementing a
visitation plan consistent with the court’s order.
[(3)] (4) Uniform commitment blanks, in a form approved by
the Director of Human Services, shall be used by all courts for placing wards
in the legal custody of the Department of Human Services.
[(4)] (5) If the ward has been placed in the custody of the
Department of Human Services, the court shall make no commitment directly to
any residential facility, but shall cause the ward to be delivered into the
custody of the department at the time and place fixed by rules of the department.
A ward so committed may not be placed in a Department of Corrections
institution.
[(5)] (6) Commitment of a ward to the Department of Human
Services continues until dismissed by the court or until the ward becomes 21
years of age.
[(6)] (7) A court may dismiss commitment of a ward to the
Department of Human Services if:
(a)(A) Dismissal is
appropriate because the ward has been safely reunited with a parent or because
a safe alternative to reunification has been implemented for the ward; and
(B) The ward is at least
14 years of age but less than 21 years of age and the court finds
that:
(i) The department has
provided case planning pursuant to ORS 419B.343 that addresses the ward’s needs
and goals for a successful transition to independent living, including needs
and goals relating to housing, physical and mental health, education,
employment, community connections and supportive relationships;
(ii) The department has
provided appropriate services pursuant to the case plan;
(iii) The department has
involved the ward in the development of the case plan and in the provision of
appropriate services; and
(iv)
The ward has safe and stable housing and is unlikely to become homeless
as a result of dismissal of commitment of the ward to the department; or
(b) The ward has been
committed to the custody of the Oregon Youth Authority.
SECTION 7. ORS 419B.368 is amended to read:
419B.368. (1) The court, on its own motion or upon the motion of a party
and after such hearing as the court may direct, may review, modify or vacate a
guardianship order.
(2) The court may modify
a guardianship order if the court determines to do so would be in the child’s
best interests.
(3) The court may vacate
a guardianship order, return the child to the custody of a parent and make any
other order the court is authorized to make under this chapter if the court
determines that:
(a) It is in the child’s
best interests to vacate the guardianship;
(b) The conditions and
circumstances giving rise to the establishment of the guardianship have been
ameliorated; and
(c) The parent is
presently able and willing to adequately care for the child.
(4) The court may vacate
a guardianship order after determining that the guardian is no longer willing
or able to fulfill the duties of a guardian. Upon vacating a guardianship order
under this subsection, the court shall conduct a hearing:
(a) Within 14 days, make
written findings required in ORS 419B.185 (1)(a),
[to (d)] (d) and (e) and make
any order directing disposition of the child that the court is authorized to
make under this chapter; and
(b) Pursuant to ORS
419B.476 within 90 days.
(5) In determining
whether it is in the child’s best interests to modify or vacate a guardianship,
the court shall consider, but is not limited to considering:
(a) The child’s
emotional and developmental needs;
(b) The child’s need to
maintain existing attachments and relationships and to form attachments and
relationships, including those with the birth family;
(c) The child’s health
and safety; and
(d) The child’s wishes.
(6) In addition to
service required under ORS 419B.851, a party filing a motion to vacate a
guardianship shall serve the motion upon the Department of Human Services.
(7) Notwithstanding
subsection (1) of this section, a parent may not move the court to vacate a
guardianship once a guardianship is granted under ORS 419B.365.
SECTION 8. ORS 419B.443 is amended to read:
419B.443. (1) [The] An agency described in
ORS 419B.440 shall file the reports required by ORS 419B.440 (2) and (3) 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 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];
(c) A list of all placements made since the child
or ward has been in the guardianship or legal custody of an agency and the
length of time the child or ward has spent in each placement;
(d) For a child or
ward in substitute care, a list of all schools the child or ward has attended
since the child or ward has been in the guardianship or legal custody of the
agency, the length of time the child or ward has spent in each school and, for
a child or ward 14 years of age or older, the number of high school credits the
child or ward has earned;
(e) A list of dates of
face-to-face contacts the assigned case worker has had with the child or ward
since the child or ward has been in the guardianship or legal custody of the
agency and, for a child or ward in substitute care, the place of each contact;
(f) For a child or ward
in substitute care, a list of the visits the child or ward has had with the
child’s or ward’s parents or siblings since the child or ward has been in the
guardianship or legal custody of the agency and the place and date of each
visit;
[(c)] (g) 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, when applicable, efforts to assist the parents in remedying factors
which contributed to the removal of the child or ward from the home;
[(d)] (h) A proposed treatment plan or proposed continuation
or modification of an existing treatment plan, including[, when applicable, terms of visitation to be
allowed and expected of parents] a proposed visitation plan or proposed
continuation or modification of an existing visitation plan and a
description of efforts expected of the child or ward and the parents to remedy
factors that have prevented the child or ward from safely returning home within
a reasonable time; and
[(e)] (i) If continued substitute care is recommended, a
proposed timetable for the [child] child’s
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 9. 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 or
ward’s condition and circumstances and to determine if the court should
continue jurisdiction 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) 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 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)(A) Why
continued care is necessary as opposed to returning the child or ward home or
taking prompt action to secure another permanent placement; or
[(b)] (B) The expected timetable for
return or other permanent placement.
(b) Whether the
agency having guardianship or legal custody of the child or ward has made
diligent efforts to place the child or ward pursuant to ORS 419B.192.
(c) The number of
placements made, schools attended, face-to-face contacts with the assigned case
worker and visits had with parents or siblings since the child or ward has been
in the guardianship or legal custody of the agency and whether the frequency of
each of these is in the best interests of the child or ward.
(d) For a child or ward 14
years of age or older, whether the child or ward is progressing adequately
toward graduation from high school and, if not, the efforts that have been made
by the agency having custody or guardianship to assist the child or ward to
graduate.
(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, 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 10. 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 a child or ward is in substitute care, the court shall conduct a
permanency hearing no later than 12 months after the 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 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) If a ward has
been surrendered for adoption or the parents’ rights have been terminated and
the department has not physically placed the ward for adoption or initiated
adoption proceedings within six months after the surrender or entry of an order
terminating parental rights, the court shall conduct a permanency hearing
within 30 days after receipt of the report required by ORS 419B.440 (3).
[(4)] (5) 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)] (6) After the initial permanency hearing conducted
under subsection (1) or (2) of this section or any permanency hearing conducted
under subsection (3) [or (4)] to
(5) 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.
(7) After the
permanency hearing conducted under subsection (4) of this section, the court
shall conduct subsequent permanency hearings at least every six months for as
long as the ward is not physically placed for adoption or adoption proceedings
have not been initiated.
[(6)] (8) If a child returns to substitute care after a court’s
previously established jurisdiction over the child has been 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 11. 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 ward to
safely return home and whether the parent has made sufficient progress to make
it possible for the ward to safely return home. In making its determination,
the court shall consider the 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 ward
in a timely manner in accordance with the plan and to complete the steps
necessary to finalize the permanent placement.
(c) Make the findings
of fact under ORS 419B.449 (2).
(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.
(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 ward to safely return home. In making its determination, the court shall
consider the 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 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 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 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 ward;
(h) Order the local
citizen review board to review the status of the ward prior to the next court
hearing; or
(i) Set another court
hearing at a later date.
(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 (4) of this
section, the order shall include:
(a) The court’s
determination required under 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 ward that includes whether and, if
applicable, when:
(A) The ward will be
returned to the parent;
(B) The ward will be
placed for adoption, and a petition for termination of parental rights will be
filed;
(C) The ward will be
referred for establishment of legal guardianship; or
(D) The ward will be
placed in another planned permanent living arrangement;
(c) If the court
determines that the permanency plan for the ward should be to return home
because further efforts will make it possible for the 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 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 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 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 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 ward.
(6) If an Indian child
is involved, the court shall follow the placement preference established by the
Indian Child Welfare Act.
(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 ward to safely return home is an interlocutory order to which a party
may assign error.
SECTION 12. 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,
including the need to preserve the child’s or ward’s sibling attachments and
relationships; 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.
SECTION 13. 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 or ward’s parents or guardians. Notwithstanding ORS 419B.337 [(4)] (5), 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 14. ORS 418.070 is amended to read:
418.070. For the
purposes of ORS 418.035 to 418.185, with respect to any period for which
federal funds are made available to this state in aid of a state-administered
program of aid to any child defined in and meeting the requirements of this
section:
(1) “Aid” includes
foster care in behalf of a child described in subsection (2)(b)
of this section in the foster home of any individual or in a licensed [nonprofit] private child-caring agency.
(2) “Dependent child”
includes:
(a) A needy child
meeting the requirements of ORS 418.035 (2)(b)(A) or
(B) who has been deprived of parental support or care by reason of the
unemployment of a parent or parents and who is living with any of the relatives
specified in ORS 418.035 (2) in a place of residence maintained by one or more
of such relatives as the relative’s or relatives’ own home.
(b) A child:
(A) Who would meet the
requirements of ORS 418.035 (2) or of paragraph (a) of this subsection except
for removal from the home of a relative specified in ORS 418.035 (2) as a
result of a judicial determination to the effect that continuation therein
would be contrary to the welfare of such child;
(B) Who has been
accepted for placement and care by the Department of Human Services;
(C) Who has been placed
in a foster home or licensed [nonprofit]
private child-caring agency as a result of such determination; and
(D) Who received aid in
or for the month in which court proceedings leading to such determination were
initiated, or would have received such aid in or for such month if application
had been made therefor, or in the case of a child who had been living with a
relative specified in ORS 418.035 (2) within six months prior to the month in
which such proceedings were initiated, would have received such aid in or for
such month if in such month the child had been living with and removed from the
home of such a relative and application had been made therefor.
(3) “Foster home” means
a foster home which is certified by this state or has been approved, by the
agency of this state responsible for the certification of foster homes, as
meeting the standards established for such certification.
(4) “Unemployment of
parent” shall be defined by the department and such definition may take into
account definitions used to establish the availability of federal funds for the
program of temporary assistance for needy families.
Approved by the Governor July 17, 2007
Filed in the office of Secretary of State July 19, 2007
Effective date January 1, 2008
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