75th OREGON LEGISLATIVE ASSEMBLY--2009 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 3061
 
                         Senate Bill 559
 
Sponsored by COMMITTEE ON JUDICIARY (at the request of Oregon Law
  Commission)
 
 
                             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.
 
  Modifies proof required for motion to intervene in juvenile
court proceeding.
 
                        A BILL FOR AN ACT
Relating to motion for intervention in juvenile dependency
  proceeding; creating new provisions; and amending ORS 419B.116.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 419B.116 is amended to read:
  419B.116. (1)(a) As used in this section, 'caregiver
relationship' means a relationship between a person and a child
or ward:
  (A) That has existed:
  (i) For the 12 months immediately preceding the initiation of
the dependency proceeding;
  (ii) For at least six months during the dependency proceeding;
or
  (iii) For half of the child or ward's life if the child or ward
is less than six months of age;
  (B) In which the person had physical custody of the child or
ward or resided in the same household as the child or ward;
  (C) In which the person provided the child or ward on a daily
basis with the love, nurturing and other necessities required to
meet the child or ward's psychological and physical needs; and
  (D) On which the child depended to meet the child or ward's
needs.
  (b) 'Caregiver relationship' does not include a relationship
between a child or ward and a person who is the nonrelated foster
parent of the child or ward unless the relationship continued for
a period of at least six consecutive months.
  (2) A person asserting that the person has a caregiver
relationship with a child or ward may file a motion for
intervention in a juvenile dependency proceeding.
  (3) Filing a motion under subsection (2) of this section is the
sole means by which a person may become a party to a juvenile
dependency proceeding as an intervenor. An order granting
intervention under this section is exclusively for juvenile
dependency proceedings and does not confer standing or rights of
intervention in any other action. Intervention is not allowed in
proceedings under ORS 419B.500.
 
  (4) A motion for intervention under subsection (2) of this
section must state:
  (a) The person's relationship to the child or ward and the
person's involvement in the child or ward's life;
  (b) The reason that intervention is sought;
  (c) How the person's intervention is in the best interests of
the child or ward;
  (d) Why the existing parties cannot adequately present the
case; and
  (e) What specific relief is being sought.
  (5)(a) If a party wishes to oppose a motion for intervention,
the party must file a written objection to the motion stating the
grounds for the objection no later than 21 days after the motion
is filed. If no written objection is filed as provided in this
paragraph, the court may grant the motion without a hearing.
Except as provided in paragraph (b) of this subsection, if a
written objection is filed as provided in this paragraph, the
court shall hold a hearing on the motion.
  (b) If a motion for intervention does not state a prima facie
case as to the facts that must be proved under paragraph (c) of
this subsection, the court may deny the motion without a hearing.
  (c) If the court holds a hearing on the motion for
intervention, the court may grant the motion for intervention if
the person moving to intervene in the case proves by a
preponderance of the evidence that:
  (A) A caregiver relationship exists between the person and the
child or ward;
  (B) The intervention is in the best interests of the child or
ward;
  (C) The reason for intervention and the specific relief sought
are consistent with the best interests of the child or ward; and
  (D) The existing parties cannot adequately   { - protect the
best interests of the child or ward without the intervention - }
 { +  present the case + }.
  (6) A person granted intervention is a party to the case and,
except as provided in subsection (10) of this section, may be
granted such relief as the court determines to be appropriate and
in the best interests of the child or ward.
  (7) A person who is not a party under ORS 419B.875 may seek
rights of limited participation by filing a written motion for
limited participation in a juvenile court proceeding. The motion
must state:
  (a) The reason that limited participation is being sought;
  (b) How the person's limited participation is in the best
interests of the child or ward;
  (c) Why the parties cannot adequately present the case; and
  (d) The specific rights of limited participation that are being
sought.
  (8)(a) If a party wishes to oppose a motion filed under
subsection (7) of this section, the party must file a written
objection to the motion stating the grounds for the objection no
later than 21 days after the motion is filed. If no written
objection is filed as provided in this paragraph, the court may
grant the motion without a hearing.
  (b) If a motion seeking rights of limited participation does
not state a prima facie case as to the facts that must be proved
under paragraph (c) of this subsection, the court may deny the
motion without a hearing.
  (c) If the court holds a hearing on the motion seeking rights
of limited participation, the court may grant the motion if the
person seeking rights of limited participation proves by a
preponderance of the evidence that:
  (A) The person's limited participation is in the best interests
of the child or ward;
 
 
  (B) The reason for limited participation and the specific
rights sought are consistent with the best interests of the child
or ward; and
  (C) The parties cannot adequately present the case.
  (9) If the court grants a motion under subsection (8) of this
section, the court shall specify in the order the rights of
limited participation that are being granted.
  (10)(a) At any time, a person granted intervention or a person
granted rights of limited participation may move to be considered
a temporary placement or visitation resource for the child or
ward.
  (b) At any time after a court has determined at a permanency
hearing that the permanent plan for the child or ward should be
something other than to return home, a person granted
intervention may move to be considered the permanent placement
resource for the child or ward.
  (11) The court may modify or set aside any order granting
intervention or rights of limited participation as provided in
ORS 419B.923.
  SECTION 2.  { + The amendments to ORS 419B.116 by section 1 of
this 2009 Act apply to motions filed on or after the effective
date of this 2009 Act. + }
                         ----------