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 1045
A-Engrossed
Senate Bill 277
Ordered by the Senate May 4
Including Senate Amendments dated May 4
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.
{ - Increases time for conducting preliminary hearing on
minor's application for emancipation to 15 days. - }
{ + Replaces references to child with references to ward in
provisions relating to persons under jurisdiction of juvenile
court. + }
A BILL FOR AN ACT
Relating to juveniles; amending ORS 419A.109, 419B.365, 419B.366,
419B.367, 419B.368 and 419B.369.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 419B.365 is amended to read:
419B.365. (1) At any time following establishment of
jurisdiction and wardship under ORS 419B.100, but prior to filing
of a petition under ORS 419B.500, or after dismissal of a
petition filed under ORS 419B.500 if it fails to result in
termination of the parent's rights, a party, or person granted
rights of limited participation for the purpose of filing a
guardianship petition, may file, and the court may hear, a
petition for permanent guardianship. If the Department of Human
Services chooses not to participate in a proceeding initiated by
an intervenor under ORS 419B.875, the state is not foreclosed
from filing a subsequent action should the intervenor's petition
be denied.
(2) The grounds for granting a permanent guardianship are the
same as those for termination of parental rights.
(3) The court shall grant a permanent guardianship if it finds
by clear and convincing evidence that:
(a) The grounds cited in the petition are true; and
(b) It is in the best interest of the ward that the parent
never have physical custody of the ward but that other parental
rights and duties should not be terminated.
(4) If an Indian child is involved, the permanent guardianship
must be in compliance with the Indian Child Welfare Act.
Notwithstanding subsection (3) of this section, the facts
supporting any finding made to establish a permanent guardianship
for an Indian child, including the finding that continued custody
by the parents or Indian custodian would result in serious
emotional or physical harm to the { + Indian + } child, must be
established beyond a reasonable doubt.
(5) Unless vacated under ORS 419B.368, a guardianship
established under this section continues as long as the ward is
subject to the court's jurisdiction as provided in ORS 419B.328.
SECTION 2. ORS 419B.366 is amended to read:
419B.366. (1) A party, or a person granted rights of limited
participation for the purpose of filing a guardianship motion,
may file a motion to establish a guardianship. The motion must be
in writing and state with particularity the factual and legal
grounds for the motion.
(2) Except as otherwise provided in subsection (3) of this
section, the facts supporting any finding made or relief granted
under this section must be established by a preponderance of
evidence.
(3) If an Indian child is involved, the guardianship must be in
compliance with the Indian Child Welfare Act. The facts
supporting any finding made to establish a guardianship for an
Indian child, including the finding that continued custody by the
parents or Indian custodian would result in serious emotional or
physical harm to the { + Indian + } child, must be established
by clear and convincing evidence.
(4) In a proceeding under this section, the court may receive
testimony and reports as provided in ORS 419B.325.
(5) If the court has approved a plan of guardianship under ORS
419B.476, the court may grant the motion for guardianship if the
court determines, after a hearing, that:
(a) The { - child - } { + ward + } cannot safely return to
a parent within a reasonable time;
(b) Adoption is not an appropriate plan for the { - child - }
{ + ward + };
(c) The proposed guardian is suitable to meet the needs of the
{ - child - } { + ward + } and is willing to accept the duties
and authority of a guardian; and
(d) Guardianship is in the { - child's - } { + ward's + }
best interests. In determining whether guardianship is in the
{ - child's - } { + ward's + } best interests, the court shall
consider the { - child's - } { + ward's + } wishes.
(6) Unless vacated pursuant to ORS 419B.368, a guardianship
established under this section continues as long as the
{ - child - } { + ward + } is subject to the court's
jurisdiction as provided in ORS 419B.328.
SECTION 3. ORS 419B.367 is amended to read:
419B.367. (1) Upon granting a motion for guardianship under ORS
419B.366 or upon granting a petition for guardianship under ORS
419B.365, the court shall issue letters of guardianship to the
guardian. As provided in ORS 419A.255, a guardian may disclose
letters of guardianship when necessary to fulfill the duties of a
guardian. Letters of guardianship must be in substantially the
following form:
_________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
State of Ore)on,
) LETTERS OF
County of __
) GUARDIANSHIP
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
BY THESE LETTERS OF GUARDIANSHIP be informed:
That on ____ (month) __ (day), 2__, the ____ Court, ____
County, State of Oregon, appointed _____ (name of guardian)
guardian for _____ (name of
{ - child - } { + ward + }) and that the named guardian has
qualified and has the authority and duties of guardian for the
named { - child - } { + ward + } including legal custody of
the { - child - } { + ward + }, except as provided below.
IN TESTIMONY WHEREOF, I have subscribed my name and affixed the
seal of the court at my office on ____ (month) __ (day), 2__.
(Seal)
____ , Clerk of the Court
By ____, Deputy
_________________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
(2) In the order appointing the guardian, the court shall
require the guardian to file with the court a verified written
report within 30 days after each anniversary of appointment and
may:
(a) Specify the frequency and nature of visitation or contact
between relatives, including siblings, and the { - child - }
{ + ward + }, if the court determines that visitation or
contact is in the
{ - child's - } { + ward's + } best interests;
(b) Enter an order for child support pursuant to ORS 419B.400
that complies with ORS 25.275; and
(c) Make any other order to provide for the { - child's - }
{ + ward's + } continuing safety and well-being.
(3)(a) Upon timely receipt of a report under subsection (2) of
this section, the court shall review the report and cause the
report to become part of the juvenile court file and may:
(A) Direct the local citizen review board to conduct a review;
(B) Subject to the availability of funds, appoint a court
visitor and require the visitor to file a report with the court;
or
(C) Conduct a court review.
(b) If the court does not receive a report under subsection (2)
of this section in a timely manner, the court shall:
(A) Direct the local citizen review board to conduct a review;
(B) Subject to the availability of funds, appoint a court
visitor and require the visitor to file a report with the court;
or
(C) Conduct a court review.
(4) Except as otherwise limited by the court, a person
appointed guardian has legal custody of the { - child - } { +
ward + } and the duties and authority of legal custodian and
guardian under ORS 419B.373 and 419B.376. A guardian is not
liable to third persons for acts of the { - child - } { +
ward + } solely by reason of being appointed guardian.
SECTION 4. 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 - } { +
ward's + } best interests.
(3) The court may vacate a guardianship order, return the
{ - child - } { + ward + } 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 - } { + ward'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 - } { + ward + }.
(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) and make any order directing disposition
of the { - child - } { + ward + } 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 - } { +
ward's + } best interests to modify or vacate a guardianship, the
court shall consider, but is not limited to considering:
(a) The { - child's - } { + ward's + } emotional and
developmental needs;
(b) The { - child's - } { + ward's + } need to maintain
existing attachments and relationships and to form attachments
and relationships, including those with the birth family;
(c) The { - child's - } { + ward's + } health and safety;
and
(d) The { - child's - } { + ward'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 5. ORS 419B.369 is amended to read:
419B.369. (1) When a { - child - } { + ward + } is in the
legal custody of the Department of Human Services, the department
shall conduct a guardianship study of the proposed guardian's
home and provide a report to the court regarding the suitability
of the proposed guardian and whether guardianship is in the
{ - child's - } { + ward's + } best interests. The department
shall adopt rules necessary to carry out the duties imposed by
this subsection.
(2) When a { - child - } { + ward + } is not in the legal
custody of the department, the court may order the proposed
guardian to obtain, at the proposed guardian's expense, a
guardianship study of the proposed guardian's home and provide a
report to the court regarding the suitability of the proposed
guardian and whether guardianship is in the { - child's - }
{ + ward's + } best interests.
SECTION 6. ORS 419A.109 is amended to read:
419A.109. (1) Subject to the availability of funds and upon
request of a court under ORS 419B.367, a local citizen review
board shall review the case of a { - child - } { + ward + }
for whom a guardian has been appointed under ORS 419B.365 or
419B.366. In the request for review, the court shall notify the
local citizen review board of the names and addresses of the
parties.
(2) The review shall take place within 45 days, or as soon as
is practicable given the schedule of the local citizen review
board, after the local citizen review board receives the request
for review by the court.
(3) The local citizen review board shall send notice of the
review to all parties.
(4) The Chief Justice of the Supreme Court, in consultation
with the Supreme Court, shall adopt rules under ORS 1.002 that
may include any procedures for the administration of the local
citizen review board program regarding:
(a) The time, content and manner in which the guardian must
provide reports to the local citizen review board; and
(b) The process to be followed in conducting the reviews.
(5) The local citizen review board shall forward findings and
recommendations generated at a review under subsection (1) of
this section to the court and all parties. The court shall cause
the findings and recommendations to become part of the juvenile
court file for consideration by the juvenile court judge. The
court shall give the local citizen review board written notice if
the court modifies, alters or takes action on a case as a result
of the recommendations of the local citizen review board.
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