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
 
                         Senate Bill 414
 
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.
 
  Requires Department of Human Services to make reasonable
efforts to place siblings together.
 
                        A BILL FOR AN ACT
Relating to the placement of children; amending ORS 419B.192 and
  419B.349.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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), 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.  { + The department shall make reasonable efforts to
place siblings together, unless placement with siblings is not in
the best interest of the child or ward. + } Nothing in this
section affects any contractual right of a private agency to
refuse or terminate a placement.
  SECTION 2. 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 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 efforts to place the child or ward with such persons
and shall report to the court what efforts were made to
effectuate such a placement.
  (2) In attempting to place the child or ward pursuant to
subsection (1) of this section, the department shall consider,
but not be limited to, 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 or ward's siblings who are in need of
placement or continuation in substitute care. + }
  (3) Notwithstanding subsections (1) and (2) of this section, in
cases where the Indian Child Welfare Act applies, the placement
preferences of the Indian Child Welfare Act shall be followed.
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