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 599
 
                         Senate Bill 259
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Judiciary)
 
 
                             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 as
introduced.
 
  Requires Department of Human Services to give priority to
placement in psychiatric residential treatment or drug or alcohol
treatment for children in custody of state if court determines
treatment is likely to reduce risk of termination of parental
rights.
 
                        A BILL FOR AN ACT
Relating to mental health treatment for children in state
  custody; amending ORS 419B.337 and 419B.349.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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.
  (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 { + , except as provided
in subsection (3) of this section, + } 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) If the court finds that a ward placed in the
department's custody needs residential psychiatric treatment or
drug or alcohol treatment and that such treatment is likely to
reduce the risk of termination of parental rights, the department
must give the ward priority in placement in those treatment
settings. + }
    { - (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 2. 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 { + , except as provided in
ORS 419B.337 (3) or + } 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.
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