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 1237
B-Engrossed
Senate Bill 414
Ordered by the Senate June 23
Including Senate Amendments dated April 3 and June 23
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.
Requires Department of Human Services or another agency having
guardianship or legal custody of child or ward to make diligent
efforts to preserve familial relationships. Requires court
placing child or ward in custody of department to make written
findings on whether department actions constitute diligent
efforts. Modifies provisions governing when permanency hearings
must be held.
{ + Removes requirement that child be placed in nonprofit
private child-caring agency for purposes of temporary assistance
to needy families program. + }
A BILL FOR AN ACT
Relating to the placement of children; amending ORS 418.070,
419A.004, 419B.090, 419B.185, 419B.192, 419B.337, 419B.349,
419B.368, 419B.443, 419B.449, 419B.470, 419B.476 and 419B.498.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 419A.004 is amended to read:
419A.004. As used in this chapter and ORS chapters 419B and
419C, unless the context requires otherwise:
(1) 'CASA Volunteer Program' means a program approved or
sanctioned by the juvenile court to recruit, train and supervise
volunteer persons to serve as court appointed special advocates.
(2) 'Child care center' means a residential facility for wards
or youth offenders that is licensed under the provisions of ORS
418.240.
(3) 'Community service' has the meaning given that term in ORS
137.126.
(4) 'Conflict of interest' means a person appointed to a local
citizen review board who has a personal or pecuniary interest in
a case being reviewed by that board.
(5) 'Counselor' means a juvenile department counselor or a
county juvenile probation officer.
(6) 'Court' means the juvenile court.
(7) 'Court appointed special advocate' or 'CASA' means a person
appointed by the court pursuant to a CASA Volunteer Program to
act as special advocate pursuant to ORS 419A.170.
(8) 'Court facility' has the meaning given that term in ORS
166.360.
(9) 'Department' means the Department of Human Services.
(10) 'Detention' or 'detention facility' means a facility
established under ORS 419A.010 to 419A.020 and 419A.050 to
419A.063 for the detention of children, wards, youths or youth
offenders pursuant to a judicial commitment or order.
(11) 'Director' means the director of a juvenile department
established under ORS 419A.010 to 419A.020 and 419A.050 to
419A.063.
(12) 'Guardian' means guardian of the person and not guardian
of the estate.
(13) 'Indian child' means any unmarried person less than 18
years of age who is:
(a) A member of an Indian tribe; or
(b) Eligible for membership in an Indian tribe and is the
biological child of a member of an Indian tribe.
(14) 'Juvenile court' means the court having jurisdiction of
juvenile matters in the several counties of this state.
(15) 'Local citizen review board' means the board specified by
ORS 419A.090 and 419A.092.
(16) 'Parent' means the biological or adoptive mother and the
legal father of the child, ward, youth or youth offender. As used
in this subsection, 'legal father' means:
(a) A man who has adopted the child, ward, youth or youth
offender or whose paternity has been established or declared
under ORS 109.070 or 416.400 to 416.465 or by a juvenile court;
and
(b) In cases in which the Indian Child Welfare Act applies, a
man who is a father under applicable tribal law.
(17) 'Permanent foster care' means an out-of-home placement in
which there is a long-term contractual foster care agreement
between the foster parents and the department that is approved by
the juvenile court and in which the foster parents commit to
raise a ward in substitute care or youth offender until the age
of majority.
(18) 'Planned permanent living arrangement' means an
out-of-home placement other than by adoption, placement with a
relative or placement with a legal guardian that is consistent
with the case plan and in the best interests of the ward.
(19) 'Public building' has the meaning given that term in ORS
166.360.
(20) 'Reasonable time' means a period of time that is
reasonable given a child or ward's emotional and developmental
needs and ability to form and maintain lasting attachments.
(21) 'Records' means any information in written form, pictures,
photographs, charts, graphs, recordings or documents pertaining
to a case.
(22) 'Resides' or 'residence,' when used in reference to the
residence of a child, ward, youth or youth offender, means the
place where the child, ward, youth or youth offender is actually
living or the jurisdiction in which wardship or jurisdiction has
been established.
(23) 'Restitution' has the meaning given that term in ORS
137.103.
(24) 'Serious physical injury' means:
(a) A serious physical injury as defined in ORS 161.015; or
(b) A physical injury that:
(A) Has a permanent or protracted significant effect on a
child's daily activities;
(B) Results in substantial and recurring pain; or
(C) In the case of a child under 10 years of age, is a broken
bone.
(25) 'Shelter care' means a home or other facility suitable for
the safekeeping of a child, ward, youth or youth offender who is
taken into temporary custody pending investigation and
disposition.
(26) 'Short-term detention facility' means a facility
established under ORS 419A.050 (3) for holding children, youths
and youth offenders pending further placement.
{ + (27) 'Sibling' means one of two or more children or wards
related:
(a) By blood or adoption through a common legal parent; or
(b) Through the marriage of the children's or wards' legal or
biological parents. + }
{ - (27) - } { + (28) + } 'Substitute care' means an
out-of-home placement directly supervised by the department or
other agency, including placement in a foster family home, group
home or other child caring institution or facility. 'Substitute
care' does not include care in:
(a) A detention facility, forestry camp or youth correction
facility;
(b) A family home that the court has approved as a ward's
permanent placement, when a private child caring agency has been
appointed guardian of the ward and when the ward's care is
entirely privately financed; or
(c) In-home placement subject to conditions or limitations.
{ - (28) - } { + (29) + } 'Surrogate' means a person
appointed by the court to protect the right of the child, ward,
youth or youth offender to receive procedural safeguards with
respect to the provision of free appropriate public education.
{ - (29) - } { + (30) + } 'Tribal court' means a court with
jurisdiction over child custody proceedings and that is either a
Court of Indian Offenses, a court established and operated under
the code of custom of an Indian tribe or any other administrative
body of a tribe that is vested with authority over child custody
proceedings.
{ - (30) - } { + (31) + } 'Ward' means a person within the
jurisdiction of the juvenile court under ORS 419B.100.
{ - (31) - } { + (32) + } 'Youth' means a person under 18
years of age who is alleged to have committed an act that is a
violation, or, if done by an adult would constitute a violation,
of a law or ordinance of the United States or a state, county or
city.
{ - (32) - } { + (33) + } 'Youth care center' has the
meaning given that term in ORS 420.855.
{ - (33) - } { + (34) + } 'Youth offender' means a person
who has been found to be within the jurisdiction of the juvenile
court under ORS 419C.005 for an act committed when the person was
under 18 years of age.
SECTION 2. ORS 419A.004, as amended by section 1, chapter 843,
Oregon Laws 2005, is amended to read:
419A.004. As used in this chapter and ORS chapters 419B and
419C, unless the context requires otherwise:
(1) 'CASA Volunteer Program' means a program approved or
sanctioned by the juvenile court to recruit, train and supervise
volunteer persons to serve as court appointed special advocates.
(2) 'Child care center' means a residential facility for wards
or youth offenders that is licensed under the provisions of ORS
418.240.
(3) 'Community service' has the meaning given that term in ORS
137.126.
(4) 'Conflict of interest' means a person appointed to a local
citizen review board who has a personal or pecuniary interest in
a case being reviewed by that board.
(5) 'Counselor' means a juvenile department counselor or a
county juvenile probation officer.
(6) 'Court' means the juvenile court.
(7) 'Court appointed special advocate' or 'CASA' means a person
appointed by the court pursuant to a CASA Volunteer Program to
act as special advocate pursuant to ORS 419A.170.
(8) 'Court facility' has the meaning given that term in ORS
166.360.
(9) 'Department' means the Department of Human Services.
(10) 'Detention' or 'detention facility' means a facility
established under ORS 419A.010 to 419A.020 and 419A.050 to
419A.063 for the detention of children, wards, youths or youth
offenders pursuant to a judicial commitment or order.
(11) 'Director' means the director of a juvenile department
established under ORS 419A.010 to 419A.020 and 419A.050 to
419A.063.
(12) 'Guardian' means guardian of the person and not guardian
of the estate.
(13) 'Indian child' means any unmarried person less than 18
years of age who is:
(a) A member of an Indian tribe; or
(b) Eligible for membership in an Indian tribe and is the
biological child of a member of an Indian tribe.
(14) 'Juvenile court' means the court having jurisdiction of
juvenile matters in the several counties of this state.
(15) 'Local citizen review board' means the board specified by
ORS 419A.090 and 419A.092.
(16) 'Parent' means the biological or adoptive mother and the
legal father of the child, ward, youth or youth offender. As used
in this subsection, 'legal father' means:
(a) A man who has adopted the child, ward, youth or youth
offender or whose paternity has been established or declared
under ORS 109.070 or 416.400 to 416.465 or by a juvenile court;
and
(b) In cases in which the Indian Child Welfare Act applies, a
man who is a father under applicable tribal law.
(17) 'Permanent foster care' means an out-of-home placement in
which there is a long-term contractual foster care agreement
between the foster parents and the department that is approved by
the juvenile court and in which the foster parents commit to
raise a ward in substitute care or youth offender until the age
of majority.
(18) 'Planned permanent living arrangement' means an
out-of-home placement other than by adoption, placement with a
relative or placement with a legal guardian that is consistent
with the case plan and in the best interests of the ward.
(19) 'Public building' has the meaning given that term in ORS
166.360.
(20) 'Reasonable time' means a period of time that is
reasonable given a child or ward's emotional and developmental
needs and ability to form and maintain lasting attachments.
(21) 'Records' means any information in written form, pictures,
photographs, charts, graphs, recordings or documents pertaining
to a case.
(22) 'Resides' or 'residence,' when used in reference to the
residence of a child, ward, youth or youth offender, means the
place where the child, ward, youth or youth offender is actually
living or the jurisdiction in which wardship or jurisdiction has
been established.
(23) 'Restitution' has the meaning given that term in ORS
137.103.
(24) 'Serious physical injury' means:
(a) A serious physical injury as defined in ORS 161.015; or
(b) A physical injury that:
(A) Has a permanent or protracted significant effect on a
child's daily activities;
(B) Results in substantial and recurring pain; or
(C) In the case of a child under 10 years of age, is a broken
bone.
(25) 'Shelter care' means a home or other facility suitable for
the safekeeping of a child, ward, youth or youth offender who is
taken into temporary custody pending investigation and
disposition.
(26) 'Short-term detention facility' means a facility
established under ORS 419A.050 (3) for holding children, youths
and youth offenders pending further placement.
{ + (27) 'Sibling' means one of two or more children or wards
related:
(a) By blood or adoption through a common legal parent; or
(b) Through the marriage of the children's or wards' legal or
biological parents. + }
{ - (27) - } { + (28) + } 'Substitute care' means an
out-of-home placement directly supervised by the department or
other agency, including placement in a foster family home, group
home or other child caring institution or facility. 'Substitute
care' does not include care in:
(a) A detention facility, forestry camp or youth correction
facility;
(b) A family home that the court has approved as a ward's
permanent placement, when a private child caring agency has been
appointed guardian of the ward and when the ward's care is
entirely privately financed; or
(c) In-home placement subject to conditions or limitations.
{ - (28) - } { + (29) + } 'Surrogate' means a person
appointed by the court to protect the right of the child, ward,
youth or youth offender to receive procedural safeguards with
respect to the provision of free appropriate public education.
{ - (29) - } { + (30) + } 'Tribal court' means a court with
jurisdiction over child custody proceedings and that is either a
Court of Indian Offenses, a court established and operated under
the code of custom of an Indian tribe or any other administrative
body of a tribe that is vested with authority over child custody
proceedings.
{ - (30) - } { + (31) + } 'Ward' means a person within the
jurisdiction of the juvenile court under ORS 419B.100.
{ - (31) - } { + (32) + } 'Young person' means a person who
has been found responsible except for insanity under ORS 419C.411
and placed under the jurisdiction of the Psychiatric Security
Review Board.
{ - (32) - } { + (33) + } 'Youth' means a person under 18
years of age who is alleged to have committed an act that is a
violation, or, if done by an adult would constitute a violation,
of a law or ordinance of the United States or a state, county or
city.
{ - (33) - } { + (34) + } 'Youth care center' has the
meaning given that term in ORS 420.855.
{ - (34) - } { + (35) + } 'Youth offender' means a person
who has been found to be within the jurisdiction of the juvenile
court under ORS 419C.005 for an act committed when the person was
under 18 years of age.
SECTION 3. ORS 419B.090 is amended to read:
419B.090. (1) The juvenile court is a court of record and
exercises jurisdiction as a court of general and equitable
jurisdiction and not as a court of limited or inferior
jurisdiction. The juvenile court is called 'The ______ Court
of ______ County, Juvenile Department. '
(2)(a) It is the policy of the State of Oregon to recognize
that children are individuals who have legal rights. Among those
rights are the right to:
(A) Permanency with a safe family;
(B) Freedom from physical, sexual or emotional abuse or
exploitation; and
(C) Freedom from substantial neglect of basic needs.
(b) Parents and guardians have a duty to afford their children
the rights listed in paragraph (a) of this subsection. Parents
and guardians have a duty to remove any impediment to their
ability to perform parental duties that afford these rights to
their children. When a parent or guardian fails to fulfill these
duties, the juvenile court may determine that it is in the best
interests of the child to remove the child from the parent or
guardian either temporarily or permanently.
(c) The provisions of this chapter shall be liberally construed
to the end that a child coming within the jurisdiction of the
court may receive such care, guidance, treatment and control as
will lead to the child's welfare and the protection of the
community.
{ + (3) It is the policy of the State of Oregon to safeguard
and promote each child's right to safety, stability and
well-being. The State of Oregon recognizes the importance of a
child's relationships with parents, siblings, grandparents and
other relatives. + }
{ - (3) - } { + (4) + } It is the policy of the State of
Oregon to guard the liberty interest of parents protected by the
Fourteenth Amendment to the United States Constitution and to
protect the rights and interests of children, as provided in
subsection (2) of this section. The provisions of this chapter
shall be construed and applied in compliance with federal
constitutional limitations on state action established by the
United States Supreme Court with respect to interference with the
rights of parents to direct the upbringing of their children,
including, but not limited to:
(a) Guide the secular and religious education of their
children;
(b) Make health care decisions for their children; and
(c) Discipline their children.
{ - (4) - } { + (5) + } It is the policy of the State of
Oregon, in those cases not described as extreme conduct under ORS
419B.502, to offer appropriate reunification services to parents
and guardians to allow them the opportunity to adjust their
circumstances, conduct or conditions to make it possible for the
child to safely return home within a reasonable time. Although
there is a strong preference that children live in their own
homes with their own families, the state recognizes that it is
not always possible or in the best interests of the child or the
public for children who have been abused or neglected to be
reunited with their parents or guardians. In those cases, the
State of Oregon has the obligation to create or provide an
alternative, safe and permanent home for the child.
{ - (5) - } { + (6) + } The State of Oregon recognizes the
value of the Indian Child Welfare Act, 25 U.S.C. 1901 to 1923,
and hereby incorporates the policies of that Act.
SECTION 4. ORS 419B.185 is amended to read:
419B.185. (1) When a child or ward is taken, or is about to be
taken, into protective custody pursuant to ORS 419B.150,
419B.160, 419B.165, 419B.168 and 419B.171 and placed in detention
or shelter care, a parent, child or ward shall be given the
opportunity to present evidence to the court at the hearings
specified in ORS 419B.183, and at any subsequent review hearing,
that the child or ward can be returned home without further
danger of suffering physical injury or emotional harm,
endangering or harming others, or not remaining within the reach
of the court process prior to adjudication. At the hearing:
(a) The court shall make written findings as to whether the
Department of Human Services has made reasonable efforts or, if
the Indian Child Welfare Act applies, active efforts to prevent
or eliminate the need for removal of the child or ward from the
home and to make it possible for the child or ward to safely
return home. When the court finds that no services were provided
but that reasonable services would not have eliminated the need
for protective custody, the court shall consider the department
to have made reasonable efforts or, if the Indian Child Welfare
Act applies, active efforts to prevent or eliminate the need for
protective custody. The court shall include in the written
findings a brief description of { - what - } { + the + }
preventive and reunification efforts { - were - } made by the
department.
(b) In determining whether a child or ward shall be removed or
continued out of home, the court shall consider whether the
provision of reasonable services can prevent or eliminate the
need to separate the family.
(c) In determining whether the department has made reasonable
efforts or, if the Indian Child Welfare Act applies, active
efforts to prevent or eliminate the need for removal of the child
or ward from the home and to make it possible for the child or
ward to safely return home, the court shall consider the child or
ward's health and safety the paramount concerns.
(d) The court shall make a written finding in every order of
removal that describes why it is in the best interests of the
child or ward that the child or ward be removed from the home or
continued in care.
{ + (e) When the court determines that a child or ward shall
be removed from the home or continued in care, the court shall
make written findings whether the department made diligent
efforts pursuant to ORS 419B.192. The court shall include in its
written findings a brief description of the efforts made by the
department. + }
{ - (e) - } { + (f) + } The court shall determine whether
the child or ward is an Indian child as defined in ORS 419A.004
or in the applicable State-Tribal Indian Child Welfare Agreement.
{ - (f) - } { + (g) + } The court may receive testimony,
reports and other evidence without regard to whether the evidence
is admissible under ORS 40.010 to 40.210 and 40.310 to 40.585 if
the evidence is relevant to the determinations and findings
required under this section. As used in this paragraph, 'relevant
evidence' has the meaning given that term in ORS 40.150.
(2) To aid the court in making the written findings required by
subsection (1)(a) { + , + } { - and - } (d) { + and (e) + }
of this section, the department shall present written
documentation to the court outlining { + :
(a) + } The { - reasonable or active - } efforts made to
prevent taking the child or ward into protective custody and to
provide services to make it possible for the child or ward to
safely return home { + ;
(b) The efforts the department made pursuant to ORS
419B.192; + } and
{ + (c) + } Why protective custody is in the best interests
of the child or ward.
SECTION 5. ORS 419B.192 is amended to read:
419B.192. (1) If the court finds that a child or ward is in
need of placement or continuation in substitute care, there shall
be a preference given to placement { + of the child or ward + }
with relatives and persons who have a caregiver relationship with
the child or ward as defined in ORS 419B.116. The Department of
Human Services shall make { - reasonable - } { + diligent + }
efforts to place the child or ward with such persons and shall
report to the court
{ - what - } { + the + } efforts { - were - } made { + by
the department + } to effectuate
{ - such a - } { + that + } placement.
{ + (2) If a child or ward in need of placement or
continuation in substitute care has a sibling also in need of
placement or continuation in substitute care, the department
shall make diligent efforts to place the siblings together and
shall report to the court the efforts made by the department to
carry out the placement, unless the court finds that placement of
the siblings together is not in the best interests of the child
or the ward or the child's or the ward's sibling. + }
{ - (2) - } { + (3) + } In attempting to place the child or
ward pursuant to { - subsection (1) - } { + subsections (1)
and (2) + } of this section, the department shall consider, but
not be limited to { + considering + }, the following:
(a) The ability of the person being considered to provide
safety for the child or ward, including a willingness to
cooperate with any restrictions placed on contact between the
child or ward and others, and to prevent anyone from influencing
the child or ward in regard to the allegations of the case;
(b) The ability of the person being considered to support the
efforts of the department to implement the permanent plan for the
child or ward;
(c) The ability of the person being considered to meet the
child or ward's physical, emotional and educational needs,
including the child or ward's need to continue in the same school
or educational placement; { - and - }
(d) Which person has the closest existing personal relationship
with the child or ward if more than one person requests to have
the child or ward placed with them pursuant to this section { + ;
and
(e) The ability of the person being considered to provide a
placement for the child's or ward's sibling who is also in need
of placement or continuation in substitute care + }.
{ - (3) - } { + (4) + } Notwithstanding subsections (1)
{ - and (2) - } { + to (3) + } of this section, in cases where
the Indian Child Welfare Act applies, the placement preferences
of the Indian Child Welfare Act shall be followed.
SECTION 6. 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 { + ; and
(c) Diligent efforts have been made to place the ward pursuant
to ORS 419B.192 + }.
(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 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) The court may make an order regarding visitation by
the ward's parents or siblings. The Department of Human Services
is responsible for developing and implementing a visitation plan
consistent with the court's order. + }
{ - (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 7. 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 best interests.
(3) The court may vacate a guardianship order, return the child
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 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.
(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) - } { + (d) and (e) + }
and make any order directing disposition of the child 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 best interests
to modify or vacate a guardianship, the court shall consider, but
is not limited to considering:
(a) The child's emotional and developmental needs;
(b) The child's need to maintain existing attachments and
relationships and to form attachments and relationships,
including those with the birth family;
(c) The child's health and safety; and
(d) The child'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 8. ORS 419B.443 is amended to read:
419B.443. (1) { - The - } { + An + } agency { + described
in ORS 419B.440 + } 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 - } { + ;
(c) + }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;
{ + (d) For a child or ward in substitute care, a list of all
schools the child or ward has attended since the child or ward
has been in the guardianship or legal custody of the agency, the
length of time the child or ward has spent in each school and,
for a child or ward 14 years of age or older, the number of high
school credits the child or ward has earned;
(e) A list of dates of face-to-face contacts the assigned case
worker has had with the child or ward since the child or ward has
been in the guardianship or legal custody of the agency and, for
a child or ward in substitute care, the place of each contact;
(f) For a child or ward in substitute care, a list of the
visits the child or ward has had with the child's or ward's
parents or siblings since the child or ward has been in the
guardianship or legal custody of the agency and the place and
date of each visit; + }
{ - (c) - } { + (g) + } 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) - } { + (h) + } 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 - } { + a proposed visitation
plan or proposed continuation or modification of an existing
visitation plan + } 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) - } { + (i) + } If continued substitute care is
recommended, a proposed timetable for the { - child - }
{ + child's + } or ward's return home or other permanent
placement or a justification of why extended substitute care is
necessary.
(2) Notwithstanding the requirements of subsection (1) of this
section, reports following the initial report need not contain
information contained in prior reports.
SECTION 9. 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) { + (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) - } { + (B) + } The expected timetable for return
or other permanent placement.
{ + (b) Whether the agency having guardianship or legal
custody of the child or ward has made diligent efforts to place
the child or ward pursuant to ORS 419B.192.
(c) The number of placements made, schools attended,
face-to-face contacts with the assigned case worker and visits
had with parents or siblings since the child or ward has been in
the guardianship or legal custody of the agency and whether the
frequency of each of these is in the best interests of the child
or ward.
(d) For a child or ward 14 years of age or older, whether the
child or ward is progressing adequately toward graduation from
high school and, if not, the efforts that have been made by the
agency having custody or guardianship to assist the child or ward
to graduate. + }
(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 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 10. ORS 419B.470 is amended to read:
419B.470. (1) The court shall conduct a permanency hearing
within 30 days after a judicial finding is made under ORS
419B.340 (5) if, based upon that judicial finding, the Department
of Human Services determines that it will not make reasonable
efforts to reunify the family.
(2) In all other cases when a child or ward is in substitute
care, the court shall conduct a permanency hearing no later than
12 months after the ward was found within the jurisdiction of the
court under ORS 419B.100 or 14 months after the child or ward was
placed in substitute care, whichever is the earlier.
(3) If a ward is removed from court sanctioned permanent foster
care, the department shall request and the court shall conduct a
permanency hearing within three months after the date of the
change in placement.
{ + (4) If a ward has been surrendered for adoption or the
parents' rights have been terminated and the department has not
physically placed the ward for adoption or initiated adoption
proceedings within six months after the surrender or entry of an
order terminating parental rights, the court shall conduct a
permanency hearing within 30 days after receipt of the report
required by ORS 419B.440 (3). + }
{ - (4) - } { + (5) + } Unless good cause otherwise is
shown, the court shall also conduct a permanency hearing at any
time upon the request of the department, an agency directly
responsible for care or placement of the child or ward, parents
whose parental rights have not been terminated, an attorney for
the child or ward, a court appointed special advocate, a citizen
review board, a tribal court or upon its own motion. The court
shall schedule the hearing as soon as possible after receiving a
request.
{ - (5) - } { + (6) + } After the initial permanency
hearing conducted under subsection (1) or (2) of this section or
any permanency hearing conducted under subsection (3) { - or
(4) - } { + to (5) + } of this section, the court shall conduct
subsequent permanency hearings not less frequently than once
every 12 months for as long as the child or ward remains in
substitute care.
{ + (7) After the permanency hearing conducted under
subsection (4) of this section, the court shall conduct
subsequent permanency hearings at least every six months for as
long as the ward is not physically placed for adoption or
adoption proceedings have not been initiated. + }
{ - (6) - } { + (8) + } If a child returns to substitute
care after a court's previously established jurisdiction over the
child has been dismissed or terminated, a permanency hearing
shall be conducted no later than 12 months after the child is
found within the jurisdiction of the court on a newly filed
petition or 14 months after the child's most recent placement in
substitute care, whichever is the earlier.
SECTION 11. 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.
{ + (c) Make the findings of fact under ORS 419B.449 (2). + }
(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) 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.
SECTION 12. 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 { + , including the need to
preserve the child's or ward's sibling attachments and
relationships + }; 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 13. 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 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.
SECTION 14. ORS 418.070 is amended to read:
418.070. For the purposes of ORS 418.035 to 418.185, with
respect to any period for which federal funds are made available
to this state in aid of a state-administered program of aid to
any child defined in and meeting the requirements of this
section:
(1) 'Aid' includes foster care in behalf of a child described
in subsection (2)(b) of this section in the foster home of any
individual or in a licensed { - nonprofit - } private
child-caring agency.
(2) 'Dependent child' includes:
(a) A needy child meeting the requirements of ORS 418.035
(2)(b)(A) or (B) who has been deprived of parental support or
care by reason of the unemployment of a parent or parents and who
is living with any of the relatives specified in ORS 418.035 (2)
in a place of residence maintained by one or more of such
relatives as the relative's or relatives' own home.
(b) A child:
(A) Who would meet the requirements of ORS 418.035 (2) or of
paragraph (a) of this subsection except for removal from the home
of a relative specified in ORS 418.035 (2) as a result of a
judicial determination to the effect that continuation therein
would be contrary to the welfare of such child;
(B) Who has been accepted for placement and care by the
Department of Human Services;
(C) Who has been placed in a foster home or licensed
{ - nonprofit - } private child-caring agency as a result of
such determination; and
(D) Who received aid in or for the month in which court
proceedings leading to such determination were initiated, or
would have received such aid in or for such month if application
had been made therefor, or in the case of a child who had been
living with a relative specified in ORS 418.035 (2) within six
months prior to the month in which such proceedings were
initiated, would have received such aid in or for such month if
in such month the child had been living with and removed from the
home of such a relative and application had been made therefor.
(3) 'Foster home' means a foster home which is certified by
this state or has been approved, by the agency of this state
responsible for the certification of foster homes, as meeting the
standards established for such certification.
(4) 'Unemployment of parent' shall be defined by the department
and such definition may take into account definitions used to
establish the availability of federal funds for the program of
temporary assistance for needy families.
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