74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 721
A-Engrossed
House Bill 2181
Ordered by the House March 19
Including House Amendments dated March 19
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Department of Human Services)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
{ - Requires protective supervision of ward of state reunited
with parent after out-of-home placement. Limits commitment of
ward of state to custody of Department of Human Services after
reunification with parent to 90 days or other period specified by
court. - }
{ + Requires Department of Human Services to file report with
court regarding department's recommended timetable for dismissal
of department's legal custody of ward of state and describing
department services that should be continued after dismissal.
Directs court, after hearing, to issue findings stating why it is
in best interests of ward to continue in department custody and
expected timetable for termination of custody. + }
Applies to children in custody of department on and after
effective date of Act.
A BILL FOR AN ACT
Relating to juvenile jurisdiction; creating new provisions; and
amending ORS 419B.440, 419B.443, 419B.446 and 419B.449.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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 that
entered the original order concerning the child or ward or, when
no such order exists, with the juvenile court of the county of
the child or ward's residence in the following circumstances:
(1) 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 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) { + (a) + } 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;
{ - or - }
{ - (3) - } { + (b) + } 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 { + ; and + }
{ + (c) When the ward is in the legal custody of the
Department of Human Services as provided in ORS 419B.337, but the
ward has been placed for a period of six consecutive months in
the physical custody of a parent or a person who was appointed
the ward's legal guardian prior to placement of the ward in the
legal custody of the department + }.
SECTION 2. ORS 419B.443 is amended to read:
419B.443. (1) The agency 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 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;
(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, 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, 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 that have prevented the
child or ward from safely returning home within a reasonable
time; and
(e) If continued substitute care is recommended, a proposed
timetable for the child or ward's return home or other permanent
placement or a justification of why extended substitute care is
necessary.
{ + (2) In addition to the information required in a report
made under subsection (1) of this section, for a ward who is in
the legal custody of the Department of Human Services pursuant to
ORS 419B.337 but who will be or recently has been placed in the
physical custody of a parent or a person who was appointed the
ward's legal guardian prior to placement of the ward in the legal
custody of the department, a report required under ORS 419B.440
(1) shall include:
(a) A recommended timetable for dismissal of the department's
legal custody of the ward and termination of the wardship; and
(b) A description of the services that the department will
provide to the ward and the ward's physical custodian to
eliminate the need for the department to continue legal custody.
(3) In addition to the information required in a report made
under subsection (1) of this section, if the report is made by
the department under ORS 419B.440 (2)(c), the report shall
include:
(a) A recommended timetable for dismissal of the department's
legal custody of the ward and termination of the wardship; and
(b) A description of the services that the department has
provided to the ward and the ward's physical custodian to
eliminate the need for the department to continue legal
custody. + }
{ - (2) - } { + (4) + } Notwithstanding the requirements of
subsection (1) of this section, reports { - following the
initial report - } need not contain information contained in
prior reports.
SECTION 3. ORS 419B.446 is amended to read:
419B.446. { + (1) + } 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.
{ + (2) Notwithstanding subsection (1) of this section, all
reports made under ORS 419B.440 (2)(c) on wards in the legal
custody of the Department of Human Services shall be filed with
the court. + }
SECTION 4. 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) - }
{ + (2)(b) + } 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
{ - . - } { + ; + }
{ + (c) Not later than six months after receipt of a report
made under ORS 419B.440 (1) on a ward who is in the legal custody
of the Department of Human Services pursuant to ORS 419B.337 but
who is placed in the physical custody of a parent or a person who
was appointed the ward's legal guardian prior to placement of the
ward in the legal custody of the department; or
(d) Within 30 days after receipt of a report made under ORS
419B.440 (2)(c). + }
(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 { + .
(3) + } If { + the child or ward is in substitute care and + }
the decision { + of the court + } is to continue the child or
ward in substitute care { - . Such - } { + , the + } findings
{ + of the court + } shall specifically state:
(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 - } { + and + }
(b) The expected timetable for return or other permanent
placement.
{ + (4) If the ward is in the legal custody of the department
but has been placed in the physical custody of the parent or a
person who was appointed the ward's legal guardian prior to
placement of the ward in the legal custody of the department, and
the decision is to continue the ward in the legal custody of the
department and the physical custody of the parent or guardian,
the findings of the court shall specifically state:
(a) Why it is necessary and in the best interests of the ward
to continue the ward in the legal custody of the department; and
(b) The expected timetable for dismissal of the department's
legal custody of the ward and termination of the wardship. + }
{ - (3) - } { + (5) + } 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) - } { + (6) + } 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) - } { + (7) + } 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 5. { + The amendments to ORS 419B.440, 419B.443,
419B.446 and 419B.449 by sections 1 to 4 of this 2007 Act apply
to wards of the state placed in the legal custody of the
Department of Human Services on or after the effective date of
this 2007 Act. + }
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