Chapter 568 Oregon Laws 1999

Session Law

AN ACT

SB 817

Relating to children; amending ORS 419B.449 and 419B.476.

Be It Enacted by the People of the State of Oregon:

SECTION 1. 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's condition and circumstances and to determine if the court should continue jurisdiction over the child or order modifications in the care, placement and supervision of the child. The court shall hold a hearing:

(a) In all cases under ORS 419B.440 (3) where the parents' rights have been terminated; or

(b) If requested by the child, the attorney for the child, if any, the parents or the public or private agency having guardianship or legal custody of the child within 30 days of receipt of the notice provided in ORS 419B.452.

(2) The hearing provided in subsection (1) of this section shall be conducted 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 in substitute care. Such findings shall specifically state:

(a) Why continued care is necessary as opposed to returning the child to the child's home or taking prompt action to secure another permanent placement; or

(b) The expected timetable for return or other permanent placement.

(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 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 State Office for Services to Children and Families to consider additional information in developing the case plan or concurrent case plan.

[(3)] (5) Any decision of the court made pursuant to the hearing provided in subsection (1) of this section shall be a final order for the purposes of ORS 419A.200.

SECTION 2. ORS 419B.476 is amended to read:

419B.476. (1) The dispositional review hearing shall be conducted in the manner provided in ORS 419B.310, 419B.317 and 419B.320, except that the court may receive testimony and reports as provided in ORS 419B.325.

(2) The court shall enter an order within 20 days after the review hearing. Where the child is in substitute care, the order shall include a determination of:

(a) Whether or not the child should be returned to the parent;

(b) Whether or not the child should be placed for adoption;

(d) Whether, because of special needs or circumstances, the child should be placed in the permanent custody or guardianship of a responsible relative or other individual or should continue in substitute care on a permanent or long-term basis.

(3) The court shall also include the tribal affiliation of the child in the order if the family has indicated there is Indian ancestry.

(4) If the court determines that the child shall be placed or continued in substitute care or placed in the custody or guardianship of a relative or other responsible individual, the court shall enter written findings specifying why neither placement with parents nor adoption is appropriate. If the current placement is not expected to be permanent, the court shall specify a projected timetable for return home or another permanent placement. If the timetable set forth by the court is not met, the State Office for Services to Children and Families shall promptly notify the court and parties. If an Indian child is involved, the placement preference under the Indian Child Welfare Act shall be followed.

(5) In the course of the dispositional review hearing, the court may determine the adequacy of and compliance with the case plan and case progress report. In addition to other orders, the court may:

(a) Order the office to develop or expand a case plan, concurrent case plan or case progress report which must be submitted within 10 days after the hearing;

(b) Set a court hearing at a specific later time;

(c) Direct the local citizen review board to review the status of the child prior to its next review under ORS 419A.106, 419A.108, 419A.110, 419A.112, 419A.116 and 419A.118;

(d) Order the office or other agency directly responsible for the child to modify the care, placement and supervision of the child; [and]

(e) Determine whether the office or other agency directly responsible for the child has made reasonable efforts to reunify the family. If an Indian child is involved, determine whether the office or other agency directly responsible for the child has made active efforts to provide remedial services and rehabilitative programs to prevent the breakup of the Indian family prior to removal of the child from the home; and

(f) Review efforts made to develop the concurrent case plan including, but not limited to, identification and selection of a suitable adoptive placement for the child.

(6) Any decision of the court made pursuant to the dispositional review hearing shall be a final order for the purposes of ORS 419A.200.

Approved by the Governor July 8, 1999

Filed in the office of Secretary of State July 8, 1999

Effective date October 23, 1999

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