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
 
                         Senate Bill 408
 
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 as
introduced.
 
  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 permanency plan for child should be
adoption.
 
                        A BILL FOR AN ACT
Relating to termination of parental rights; amending ORS 419B.476
  and 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) - }
 { + subsections (2) and (3) + } 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)(a) of this section only if the court has
previously determined that the permanency plan for the child or
ward should be adoption. + }
    { - (2) - }  { +  (3) + } The department shall file a
petition to terminate the parental rights of a parent in the
circumstances described in subsection (1) { + (b) or (c) + } 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.
  SECTION 2. 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 and to complete the
steps necessary to finalize the permanent placement.
  (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 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 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) - }  { +  (3) + }
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.
  (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.
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