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 303
A-Engrossed
Senate Bill 408
Ordered by the Senate April 2
Including Senate Amendments dated April 2
Sponsored by Senators BROWN, KRUSE, Representatives KRIEGER,
SCHAUFLER
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.
Prohibits Department of Human Services from filing petition to
terminate parental rights { - for sole reason that child or
ward has been in substitute care for 15 of last 22 months unless
court previously determined - } { + until court has determined,
after permanency hearing, that + } permanency plan for child
should be adoption.
A BILL FOR AN ACT
Relating to termination of parental rights; amending ORS
419B.498.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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; 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.
{ + (3) No petition to terminate the parental rights of a
child or ward's parents pursuant to subsection (1) of this
section or pursuant to ORS 419B.500, 419B.502, 419B.504, 419B.506
or 419B.508 may be filed until the court has determined that the
permanency plan for the child or ward should be adoption after a
permanency hearing pursuant to ORS 419B.476. + }
----------