Chapter 92 Oregon Laws 1999
Session Law
AN ACT
HB 2205
Relating to juveniles;
amending ORS 419A.112, 419C.173, 419C.620, 419C.623, 419C.626 and 419C.629; and
repealing ORS 419C.483 and 419C.640.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 419C.173 is amended to read:
419C.173. When the youth is taken, or is about to be taken,
into temporary custody pursuant to ORS 419C.080 and 419C.088 and placed in
shelter care, a parent or youth shall be given the opportunity to present
evidence to the court at the hearing specified in ORS 419C.170, and at any
subsequent review hearing, that the youth 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:
(1) The court shall make a written finding as to whether [the Oregon Youth Authority has made]
reasonable efforts have been made,
considering the circumstances of the [youth
and parent] youth's conduct, to
prevent or eliminate the need for removal of the youth from the home [or to reunify the family];
(2) In determining whether a youth shall be removed or
continued out of the home, the court shall consider whether the provision of reasonable
and available services can prevent or eliminate the need to [separate the family] remove the youth from the home; and
(3) The court shall make a written finding in every order of
removal that it is in the best interest [and
for the welfare] of the youth and
the community that the youth be removed from the home or continued in care.
SECTION 2.
ORS 419C.620 is amended to read:
419C.620. Any public or private agency having guardianship or
legal custody of a youth offender
pursuant to court order shall file reports on the youth offender with the juvenile court [which] that entered the
original order concerning the youth offender
or, [where] when no such order exists, with the juvenile court of the county
of the [youth's] youth offender's residence in the following circumstances:
(1) [Where] When the youth offender has been placed with the agency as a result of a court
order and [prior to,] before or as soon as practicable after
the agency places the youth offender
in any placement including, but not limited to, the [youth's] youth offender's
home, shelter care, substitute care or a youth care center, unless the court
has previously received a report or treatment plan indicating the actual
physical placement of the youth offender; or
(2) [Where] When the youth offender has been placed with the agency as the result of a court
order and remains under agency care for six consecutive months from the date of initial placement except
for a youth offender who has been
committed to a state youth correction facility.[; or]
[(3) Where the youth has
been surrendered for adoption or the parents' rights have been terminated and
the agency has not physically placed the youth for adoption or initiated
adoption proceedings within six months of receiving the youth.]
SECTION 3.
ORS 419C.623 is amended to read:
419C.623. (1) The agency
shall file the reports required by ORS 419C.620 (2) [and (3) shall be filed by the agency] 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 [which] that necessitated the placement of the
youth offender 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 youth offender,
together with a list of all placements made since the youth offender has been in the guardianship
or legal custody of an agency and the length of time the youth offender has spent in each placement; and
[(c) A description of
agency efforts to return the youth to the parental home or find permanent
placement for the youth, including, where applicable, efforts to assist the
parents in remedying factors which contributed to the removal of the youth from
the home;]
[(d)] (c) A proposed [treatment] reformation
plan or proposed continuation or modification of an existing [treatment] reformation plan, including, where applicable, a description of services to be provided in furtherance of the youth
offender's reformation and safe return to the community. [terms of visitation to be allowed and
expected of parents and a description of efforts expected of the youth and the
parents to remedy factors which have prevented the return of the youth to the
parental home; and]
[(e) If continued
substitute care is recommended, a proposed timetable for the youth's return
home or other permanent placement or a justification of why extended substitute
care is necessary.]
[(2) The following apply
to reports required under ORS 419C.620:]
[(a)] (2) Notwithstanding the requirements
of subsection (1) of this section, reports following the initial report need
not contain information contained in prior reports.
[(b)] (3) Notwithstanding the requirements
under ORS 419C.620 that reports be filed with the court, any report after the
initial report that is required by subsection (1) of this section on a youth offender whose case is being regularly
reviewed by a local citizen review board shall be filed with that local citizen
review board rather than with the
court.
SECTION 4.
ORS 419C.626 is amended to read:
419C.626. (1) Upon receiving any report required by ORS
419C.620, the court may hold a hearing to review the [youth's] youth offender's
condition and circumstances and to determine if the court should continue
jurisdiction over the youth offender
or order modifications in the care, placement and supervision of the youth offender. The court shall hold a
hearing[:]
[(a) In all cases under
ORS 419C.620 (3) where the parents' rights have been terminated; or]
[(b)] if requested by
the youth offender, the attorney for
the youth offender, if any, the
parents or the public or private agency having guardianship or legal custody of
the youth offender within 30 days of
receipt of the notice provided in ORS 419C.629.
(2) The hearing provided in subsection (1) of this section
shall be conducted in the manner provided in ORS 419C.400 (1), 419C.405 and
419C.408, except that the court may receive testimony and reports as provided
in ORS 419C.400 (3). At the conclusion of the hearing, the court shall enter
findings of fact if the decision is to continue the youth offender in substitute care. Such findings shall specifically
state:
(a) Why continued care is necessary as opposed to returning the
[youth to the youth's] youth offender to the youth offender's
home or prompt action to secure another permanent placement; or
(b) The expected timetable for return or other permanent
placement.
(3) Any decision of the court made pursuant to the hearing
provided in subsections (1) and (2) of this section shall be a final order for
the purposes of ORS 419A.200.
SECTION 5.
ORS 419A.112 is amended to read:
419A.112. (1) The local citizen review board may disclose to
parents and their attorneys, foster parents, mature children and their
attorneys and other persons authorized by the local board to participate in the
case review, records disclosed to the local board under ORS 419A.102.
(2) Before participating in a local citizen review board case
review, each participant, other than parents[,] and children, [youths and youth offenders,] shall swear
or affirm to the board that the participant shall keep confidential the
information disclosed by the board in the case review and to disclose it only
as authorized by law.
SECTION 6.
ORS 419C.629 is amended to read:
419C.629. Except where a youth offender has been surrendered for adoption or the parents' rights
have been terminated, the court shall send a copy of the report required by ORS
419C.620 to the parents of the youth offender
and shall notify the parents either that a hearing will be held or that the
parents may request a hearing at which time they may ask for modifications in
the care, treatment and supervision of the youth offender. If the court finds that informing the parents of the
identity and location of the foster parents of the youth offender is not in the [youth's]
best interest of the youth offender,
the court may order such information deleted from the report before sending the
report to the parents.
SECTION 7. ORS 419C.483 and 419C.640 are repealed.
Approved by the Governor
April 23, 1999
Filed in the office of
Secretary of State April 23, 1999
Effective date October 23,
1999
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