74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
HA to HB 2190
LC 531/HB 2190-4
HOUSE AMENDMENTS TO
HOUSE BILL 2190
By COMMITTEE ON JUDICIARY
May 2
On page 1 of the printed bill, line 2, after the semicolon
delete the rest of the line and insert 'creating new provisions;
and amending ORS 418.016, 419A.116, 419A.255, 419B.343, 419B.443,
419B.449, 419B.476, 419B.875 and 419B.918.'.
Delete lines 4 through 30 and delete pages 2 through 5 and
insert:
' { + SECTION 1. + } ORS 418.016 is amended to read:
' 418.016. (1) To protect the health and safety of children who
are in the custody of the Department of Human Services and who
may be placed in a foster home or adoptive home or with a
relative caregiver, the department shall adopt rules pursuant to
ORS 181.534 and ORS chapter 418 to require that criminal records
checks be conducted under ORS 181.534 on:
' (a) All persons who seek to be foster parents, adoptive
parents or relative caregivers; and
' (b) Other individuals over 18 years of age who will be in the
household of the foster parent, adoptive parent or relative
caregiver.
' (2) Rules adopted under subsection (1) of this section shall
include:
' (a) A list of crimes for which a conviction disqualifies a
person from becoming a foster parent, adoptive parent or relative
caregiver;
' (b) A requirement that persons who have been convicted of
crimes listed in the rules are disqualified from becoming a
foster parent, adoptive parent or relative caregiver; and
' (c) A provision that the department may approve a person who
has been convicted of certain crimes listed in the rules if the
person demonstrates to the department that:
' (A) The person possesses the qualifications to be a foster
parent or adoptive parent regardless of having been convicted of
a listed crime; or
' (B) The disqualification would create emotional harm to the
child for whom the person is seeking to become a foster parent,
adoptive parent or relative caregiver and placement of the child
with the person would be a safe placement that is in the best
interests of the child.
' { - (3) In accordance with 42 U.S.C. 671(a)(20)(B), the
Legislative Assembly elects to make the provisions related to
criminal records checks set forth in 42 U.S.C. 671(a)(20)(A)
inapplicable to this state. - }
' { + SECTION 2. + } { + The amendments to ORS 418.016 by
section 1 of this 2007 Act become operative on October 1,
2008. + }
' { + SECTION 3. + } 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 timely manner
in accordance with the case plan { + , including, if appropriate,
placement of the child or ward through an interstate
placement, + } 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 { + , including, if appropriate, placement of the child
or ward through an interstate placement, + } and { + to + }
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 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 4. + } 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, ward, youth or youth offender's history and prognosis. The
record of the case shall be withheld from public inspection but
is open to inspection by the child, ward, youth, youth offender,
parent, guardian, court appointed special advocate, surrogate or
a person allowed to intervene in a proceeding involving the
child, ward, youth or youth offender, and their attorneys. The
attorneys are entitled to copies of the record of the case.
' (2) Reports and other material relating to the child, ward,
youth or youth offender's history and prognosis are privileged
and, except at the request of the child, ward, youth or youth
offender, 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, youth or youth offender
or the 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, youth or
youth offender. 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, 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, 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, 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, youth or youth
offender, whether such proceeding occurs after the child, ward,
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
guilt has been admitted or established in a criminal court.
' (b) In connection with a proceeding in another juvenile court
concerning the child, ward, youth or youth offender or an appeal
from the juvenile court.
' (4) If the court finds that the child, ward, 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 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, 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 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 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 a ward to the ward's parent, is subject to disclosure
to the consulate for the child or ward's country as provided
under ORS 419B.851 (3).
' (10) Nothing in this section prohibits a guardian appointed
under ORS 419B.365 or 419B.366 from disclosing or providing
copies of letters of guardianship when so required to fulfill the
duties of a guardian.
' { + (11) The court shall cooperate in the sharing of
information with a court in another state to facilitate an
interstate placement of a child or ward. + }
' { + SECTION 5. + } ORS 419B.343 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.
' { + (4) The case plan for a ward in substitute care must
include the health and education records of the ward, including
the most recent information available regarding:
' (a) The names and addresses of the ward's health and
education providers;
' (b) The grade level of the ward's academic performance;
' (c) The ward's school record;
' (d) Whether the ward's placement takes into account proximity
to the school in which the ward is enrolled at the time of
placement;
' (e) The ward's immunizations;
' (f) Any known medical problems of the ward;
' (g) The ward's medications; and
' (h) Any other relevant health and education information
concerning the ward that the department determines is appropriate
to include in the records. + }
' { + SECTION 6. + } 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 { - . - } { + ; and
' (f) If the child or ward has been placed in foster care
outside the state, whether the child or ward has been visited not
less frequently than every six months by a state or private
agency. + }
' (2) Notwithstanding the requirements of subsection (1) of
this section, reports following the initial report need not
contain information contained in prior reports.
' { + SECTION 7. + } 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) 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) 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, { +
identification of appropriate permanent placement options for the
child or ward both inside and outside this state and, if adoption
is the concurrent case plan, + } 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 8. + } 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 { + , including, if
appropriate, reasonable efforts to place the ward through an
interstate placement, + } and to complete the steps necessary to
finalize the permanent placement.
' { + (c) If the case plan at the time of the hearing is
something other than to reunify the family, determine whether the
department has considered permanent placement options for the
ward, including, if appropriate, whether the department has
considered both permanent in-state placement options and
permanent interstate placement options for the ward. + }
' (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 { + , including, if appropriate,
placement of the ward through an interstate placement, + } 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 of appropriate permanent in-state
placement options and appropriate permanent interstate placement
options and, if adoption is the concurrent case plan, + }
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 { - . - } { + ; and
' (i) If the ward has been placed in an interstate placement,
the court's determination of whether the interstate placement
continues to be appropriate and in the best interests 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 9. + } ORS 419B.875 is amended to read:
' 419B.875. (1)(a) Parties to proceedings in the juvenile court
under ORS 419B.100 and 419B.500 are:
' (A) The child or ward;
' (B) The parents or guardian of the child or ward;
' (C) A putative father of the child or ward who has
demonstrated a direct and significant commitment to the child or
ward by assuming, or attempting to assume, responsibilities
normally associated with parenthood, including but not limited
to:
' (i) Residing with the child or ward;
' (ii) Contributing to the financial support of the child or
ward; or
' (iii) Establishing psychological ties with 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;
and
' (H) The tribe in cases subject to the Indian Child Welfare
Act if the tribe has intervened pursuant to the Indian Child
Welfare Act.
' (b) An intervenor who is granted intervention under ORS
419B.116 is a party to a proceeding under ORS 419B.100. An
intervenor under this paragraph is not a party to a proceeding
under ORS 419B.500.
' (2) 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)(b) 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.
' (3) A putative father who satisfies the criteria set out in
subsection (1)(a)(C) of this section shall be treated as a
parent, as that term is used in this chapter and ORS chapters
419A and 419C, until the court confirms his paternity or finds
that he is not the legal father of the child or ward.
' (4) If no appeal from the judgment or order is pending, a
putative father whom a court of competent jurisdiction has found
not to be the child or ward's legal father or who has filed a
petition for filiation that was dismissed is not a party under
subsection (1) of this section.
' (5)(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.
' (6) 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 - } { + proceeding + }
concerning the child or ward { - and the court shall give the
person an opportunity to be heard - } . { + A foster parent,
preadoptive parent or relative providing care for a child or ward
has the right to be heard at the proceeding. + } 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 - } { + the right + } to be heard { +
at the proceeding + }.
' (7) 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.
' (8) 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 10. + } ORS 419B.918 is amended to read:
' 419B.918. (1) Notwithstanding ORS 419B.815, 419B.819 and
419B.820, on timely motion of a person showing good cause, a
court may permit the person, instead of appearing personally, to
participate in any hearing related to a petition alleging
jurisdiction under ORS 419B.100, a petition to establish a
permanent guardianship under ORS 419B.365 or a petition seeking
termination of parental rights under ORS 419B.500, 419B.502,
419B.504, 419B.506 or 419B.508 in any manner that complies with
the requirements of due process including, but not limited to,
telephonic or other electronic means.
' (2) If a person who is summoned or ordered to appear under
ORS 419B.815, 419B.816, 419B.819 or 419B.820 seeks to reschedule
any hearing at which the person is required to appear, the person
must:
' (a) Appear personally at the time specified in the summons or
order to request the change; or
' (b) Include in the person's written motion requesting the
change the person's current mailing address, to which the court
may send notice of the new date for the hearing if the motion is
granted.
' { + (3) In any proceeding that involves the interstate
placement of a child or ward, the court may:
' (a) Permit a party from outside this state to provide
information, testify or otherwise participate in the proceeding
in any manner the court designates, provided the party complies
with subsection (1) of this section, if applicable;
' (b) Permit an attorney from outside this state representing
any party to participate in the proceeding in any manner the
court designates; and
' (c) Obtain information or testimony in any manner the court
designates from a state or private agency located in another
state. + } ' .
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