Chapter 859 Oregon Laws 1999

Session Law

AN ACT

SB 408

Relating to the implementation of the Adoption and Safe Families Act of 1997; creating new provisions; amending ORS 7.211, 180.380, 419A.004, 419A.102, 419A.200, 419B.090, 419B.115, 419B.185, 419B.305, 419B.337, 419B.340, 419B.343, 419B.350, 419B.365, 419B.470, 419B.476, 419B.502 and 419B.529 and section 131d, chapter 422, Oregon Laws 1995; and declaring an emergency.

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

SECTION 1. As used in sections 1 to 4 of this 1999 Act:

(1) "Adoption assistance" means financial and medical assistance to an adoptive family to assist the family with the costs associated with the needs of the adoptive child.

(2) "Adoption assistance state" means the state that has signed an adoption assistance agreement in a particular case.

(3) "Medical assistance" means programs for payment of medical and remedial care provided to eligible individuals.

(4) "Residence state" means the state in which a child who is the subject of an adoption assistance agreement is living.

(5) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands or a territory or possession of, or administered by, the United States.

SECTION 2. (1) The State Office for Services to Children and Families may develop, participate in the development of, negotiate and enter into one or more interstate compacts on behalf of this state with other states to:

(a) Provide adoption assistance and other necessary services for children who are the subjects of adoption assistance agreements in one state and are residing in another state; and

(b) Establish procedures for efficient interstate delivery of adoption assistance and related services and benefits that will protect the interests of adopted children who move from one state to another.

(2) When the office enters into an interstate compact under this section, the compact has the force and effect of law for as long as it remains in effect.

SECTION 3. (1) A compact entered into under section 2 of this 1999 Act must contain all of the following:

(a) A provision making the compact available for joinder by all states.

(b) A provision for withdrawal from the compact upon written notice to the parties with a period of one year between the date of the notice and the effective date of the withdrawal.

(c) A requirement that, notwithstanding a state's withdrawal from the compact, the state shall continue to provide the protections afforded by the compact for the duration of any adoption assistance agreement to all children and their adoptive parents who, on the effective date of the state's withdrawal, are receiving adoption assistance from a state other than the residence state.

(d) A requirement that:

(A) Each instance of adoption assistance to which the compact applies be covered by an adoption assistance agreement;

(B) An adoption assistance agreement be in writing and signed by the adoptive parents and the child welfare agency of the state that undertakes to provide the adoption assistance; and

(C) An adoption assistance agreement is intended expressly for the benefit of the adopted child and is enforceable by the adoptive parents and the state agency providing the adoption assistance.

(2) A compact entered into under section 2 of this 1999 Act may contain:

(a) Provisions necessary to administer the compact.

(b) Provisions establishing procedures for and entitlement to medical and necessary social services for a child when the child and the adoptive parents are living in a state other than the state responsible for or providing the services or the funds to pay part or all of the costs of the services.

SECTION 4. (1) The Department of Human Resources shall issue a medical assistance identification document to a child who is living in this state if the child:

(a) Is the subject of an adoption assistance agreement with another state;

(b) Is eligible for medical assistance in the other state; and

(c) Files with the department a certified copy of the adoption assistance agreement obtained from the adoption assistance state.

(2) The department shall consider the holder of a medical assistance identification document issued under this section to be the same as a holder of any other medical assistance identification document issued under other laws of this state. The department shall process and make payment on claims on behalf of the holder in the same manner and subject to the same conditions and procedures as for other recipients of medical assistance.

(3) The department shall provide coverage and benefits for a child who is in another state and is covered by an adoption assistance agreement made by the State Office for Services to Children and Families if the coverage or benefits are not provided by the residence state. The adoptive parent may submit to the department evidence of payment for services or benefit amounts that are not payable in the residence state. The department shall reimburse the adoptive parent for services and benefit amounts covered by this state's medical assistance program. However, the department may not reimburse the adoptive parent for services or benefit amounts covered under any insurance or other third-party medical contract or arrangement held by the child or the adoptive parent. The additional services and benefit amounts provided under this subsection are for services for which there is no federal contribution toward the cost of the services, or for services for which there is a federal contribution toward the cost of the services but the services are not provided by the residence state.

(4)(a) For purposes of subsection (1) of this section, the department by rule may require the adoptive parents to show, at least annually, that the adoption assistance agreement is in force.

(b) The department shall adopt rules implementing subsection (3) of this section. The department shall include in the rules procedures for obtaining prior approval for services in those instances when approval is required for the assistance.

(5) A person who submits a false, misleading or fraudulent claim for payment or reimbursement for services or benefits under this section, or makes a false, misleading or fraudulent statement in connection therewith, commits a Class C felony if the person knows or should know that the claim or statement is false, misleading or fraudulent.

SECTION 5. ORS 180.380 is amended to read:

180.380. (1) In addition to its other duties, powers and functions, the Support Enforcement Division may use its facilities and sources of information to search for any child or absent parent for the purpose of enforcing any state or federal law regarding the unlawful taking or restraint of a child or for the purpose of making or enforcing a child custody determination.

(2) Only information concerning the most recent address and place of employment of such child or parent may be provided, and then only to authorized persons as defined in subsection (3) of this section.

(3) As used in ORS 180.320 and this section:

(a) "Authorized person" means:

(A) Any agent or attorney of any state who has the duty or authority under the law of such state to enforce a child custody determination;

(B) Any court having jurisdiction to make or enforce such a child custody determination, or any agent of such court; [and]

(C) Any agent or attorney of the United States or of a state who has the duty or authority to investigate, enforce or bring a prosecution with respect to the unlawful taking or restraint of a child; and

(D) A state agency responsible for administering an approved child welfare plan or an approved foster care and adoption assistance plan.

(b) "Custody determination" means a judgment, decree or other order of a court providing for the custody of, parenting time with or visitation with a child, and includes permanent and temporary orders, and initial orders and modifications.

[(4) Subject to any other provision of law establishing confidentiality, the Support Enforcement Division, upon the request of the State Office for Services to Children and Families, may disclose to the State Office for Services to Children and Families locator information regarding a parent when proceedings to terminate the parental rights of the parent have been initiated under ORS 419B.500.]

SECTION 6. 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" means a person within the jurisdiction of the juvenile court as provided in ORS 419B.100.

(3) "Child care center" means a residential facility for the care and supervision of children that is licensed under the provisions of ORS 418.240.

(4) "Community service" has the meaning given that term in ORS 137.126.

(5) "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.

(6) "Counselor" means a juvenile department counselor.

(7) "Court" means the juvenile court.

(8) "Court appointed special advocate" or "CASA" means a person appointed by the court pursuant to a CASA Volunteer Program to act as special advocate for a child pursuant to ORS 419A.170.

(9) "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 dependent children or delinquent youth pursuant to a judicial commitment or order.

(10) "Director" means the director of a juvenile department established under ORS 419A.010 to 419A.020 and 419A.050 to 419A.063.

(11) "Guardian" means guardian of the person and not guardian of the estate.

(12) "Indian child" means any unmarried person less than 18 years of age who is:

(a) A member of an Indian tribe;

(b) Eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe; or

(13) "Juvenile court" means the court having jurisdiction of juvenile matters in the several counties of this state.

(14) "Local citizen review board" means the board specified by ORS 419A.090 and 419A.092.

(15) "Office" means the State Office for Services to Children and Families.

(16) "Parent" means the biological or adoptive mother of the child and the legal or adoptive father of the child. A legal father includes:

(a) A nonimpotent, nonsterile man who was cohabiting with his wife, who is the mother of the child, at the time of conception;

(b) A man married to the mother of the child at the time of birth, where there is no decree of separation and the presumption of paternity has not been disputed;

(d) A biological father who has established or declared paternity through filiation proceedings or under ORS 416.400 to 416.470; and

(e) A biological father who has, with the mother, established paternity through a joint declaration of paternity under ORS 109.070.

(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 State Office for Services to Children and Families that is approved by the juvenile court and in which the foster parents commit to raise a foster child 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 child.

[(17)] (19) "Reasonable time" means a period of time that is reasonable given a child's emotional and developmental needs and ability to form and maintain lasting attachments.

[(18)] (20) "Records" means any information in written form, pictures, photographs, charts, graphs, recordings or documents pertaining to a case.

[(19)] (21) "Resides" or "residence," when used in reference to the residence of a child or youth, means the place where the child or youth is actually living or the jurisdiction in which wardship of the child or youth has been established.

[(20)] (22) "Restitution" has the meaning given that term in ORS 137.103.

[(21)] (23) "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

[(22)] (24) "Shelter care" means a home or other facility suitable for the safekeeping of a child who is taken into temporary custody pending investigation and disposition where the circumstances are such that the child does not need to be kept in secure custody.

[(23)] (25) "Short-term detention facility" means a facility established under ORS 419A.050 (3) for holding youths pending further placement.

[(24)] (26) "Substitute care" means an out-of-home placement directly supervised by the office 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 which the court has approved as a child's permanent placement, where a private child caring agency has been appointed guardian of the child and where the child's care is entirely privately financed; or

[(25)] (27) "Surrogate" means a person appointed by the court to protect the right of the child to receive procedural safeguards with respect to the provision of free appropriate public education.

[(26)] (28) "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.

[(27)] (29) "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.

[(28)] (30) "Youth care center" has the meaning given that term in ORS 420.855.

[(29)] (31) "Youth offender" means a person at least 12 years of age and under 18 years of age who has been found to be within the jurisdiction of the juvenile court under ORS 419C.005.

SECTION 7. ORS 419B.115 is amended to read:

419B.115. (1) Parties to proceedings in the juvenile court under ORS 419B.100 and 419B.500 are:

(a) The minor child;

(b) The legal parents or guardian of the child;

(d) The juvenile department;

(e) A court appointed special advocate, if appointed;

(f) The State Office for Services to Children and Families or other child-caring agency if the agency has temporary custody of the child; and

(g) An intervenor who petitions or files a motion on the basis of a child-parent relationship under ORS 109.119.

(2) The rights of the parties include, but are not limited to:

(a) The right to notice of the proceeding and copies of the pleadings;

(b) The right to appear with counsel and to have counsel appointed as otherwise provided by law;

(d) The right of appeal; and

(e) The right to request a hearing.

(3)(a) Persons who are not parties under subsection (1) of this section may petition the court for rights of limited participation. The petition must be filed and served on all parties no later than two weeks before a proceeding in the case in which participation is sought. The petition must state:

(A) The reason the participation is sought;

(B) How the person's involvement is in the best interest of the child or the administration of justice;

(D) What specific relief is being sought.

(b) If the court finds that the petition is well founded, the court may grant rights of limited participation as specified by the court.

(4) If a foster parent, preadoptive parent or relative is currently providing care for a child, the State Office for Services to Children and Families shall give the foster parent, preadoptive parent or relative notice of a hearing concerning the child and the court shall give the person an opportunity to be heard. Except as provided in subsection (1) of this section, the foster parent, preadoptive parent or relative providing care for the child shall not be considered a party to the juvenile court proceeding solely because of notice and an opportunity to be heard.

SECTION 8. ORS 419B.185 is amended to read:

419B.185. (1) When the child is taken, or is about to be taken, into protective custody pursuant to ORS 419B.160, 419B.165, 419B.168 and 419B.171 and placed in detention or shelter care, a parent or child 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 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 State Office for Services to Children and Families 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 from the home and to [reunify the family] make it possible for the child to safely return home. When the court finds that no services were provided but that [existing] reasonable services would not have eliminated the need for protective custody, the court shall consider the office to have made reasonable efforts or, if the Indian Child Welfare Act applies, active efforts to prevent or eliminate the need for protective custody.

(b) In determining whether a child shall be removed or continued out of home, the court shall consider whether the provision of reasonable [and available] services can prevent or eliminate the need to separate the family.

(c) In determining whether the office 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 from the home or to make it possible for the child to safely return home, the court shall consider the child's health and safety the paramount concerns.

[(c)] (d) 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 child that the child be removed from the home or continued in care.

[(d)] (e) The court shall determine whether the child is an Indian child as defined in ORS 419A.004 or in the applicable State-Tribal Indian Child Welfare Agreement.

(2) To aid the court in making the findings required by subsection (1)(a) of this section, the office shall present documentation to the court outlining the reasonable or active efforts made to prevent taking the child into protective custody and to provide services to make it possible for the child to safely return [the child] home.

SECTION 9. ORS 419B.305 is amended to read:

419B.305. (1) Except as otherwise provided in this section, no later than [90] 60 days after a petition alleging that a child is within the jurisdiction of the court under ORS 419B.100 has been filed, the court shall hold a hearing on the petition and enter an order under ORS 419B.325 (1). Upon written order supported by factual findings of good cause, the court may continue a petition beyond [90] 60 days.

(2)(a) No later than [60] 30 days after a petition alleging jurisdiction under ORS 419B.100 is filed:

(A) All parties shall comply with ORS 419B.300; and

(B) Each person about whom allegations have been made shall admit or deny the allegations.

(b) When a person denies allegations in the petition, the court shall set the case for a hearing within the time limits prescribed by subsection (1) of this section. Upon written order supported by factual findings of good cause, the court may continue the hearing beyond the [90-day] 60-day time limit.

(3) Upon expiration of any continuance granted by this section, the court shall give a petition filed under ORS 419B.100 that is beyond the time limit imposed by subsection (1) of this section the highest priority on the court docket.

SECTION 10. ORS 419B.337 is amended to read:

419B.337. (1) [Where] When a child has been found to be within its jurisdiction, and when the court determines it would be in the best interest and for the welfare of the child, the court may place the child in the legal custody of the State Office for Services to Children and Families for care, placement and supervision. When the court enters an order removing a child from the child's home or an order continuing care, the court shall make a written finding as to whether:

(a) Removal of the child from the child's home or continuation of care is in the best interest and for the welfare of the child; and

(b) Reasonable efforts, considering the circumstances of the child and parent, have been made to prevent or eliminate the need for removal of the child from the home or to make it possible [to reunify the family] for the child to safely return home. In making this finding, the court shall consider the child's health and safety the paramount concerns.

(2) The court may specify the particular type of care, supervision or services to be provided by the State Office for Services to Children and Families to children placed in the office's custody and to the parents or guardians of such children, but the actual planning and provision of such care, supervision or services shall be the responsibility of the State Office for Services to Children and Families. The office may place the child in a child care center authorized to accept the child.

(3) Uniform commitment blanks, in a form approved by the Assistant Director for Services to Children and Families, shall be used by all courts for placing children in the legal custody of the State Office for Services to Children and Families.

(4) If the child has been placed in the custody of the State Office for Services to Children and Families, the court shall make no commitment directly to any residential facility, but shall cause the child to be delivered into the custody of the State Office for Services to Children and Families at the time and place fixed by rules of the office. No child so committed shall be placed in a Department of Corrections institution.

SECTION 11. ORS 419B.340 is amended to read:

419B.340. (1) If the court awards custody to the State Office for Services to Children and Families, the disposition order shall include a determination whether the office 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 from the home. If the child has been removed prior to the entry of the order, the order shall also include a determination whether the office has made reasonable or active efforts [to reunify the family after the removal] to make it possible for the child to safely return home. In making the determination under this subsection, the court shall consider the child's health and safety the paramount concerns.

(2) In support of its determination whether reasonable or active efforts have been made by the office, the court shall enter a brief description of what preventive and reunification efforts were made and why further efforts could or could not have prevented or shortened the separation of the family.

(3) Where the first contact with the family has occurred during an emergency in which the child could not remain without jeopardy at home even with reasonable services being provided, the office shall be considered to have made reasonable or active efforts to prevent or eliminate the need for removal.

(4) Where the court finds that preventive or reunification efforts have not been reasonable or active, but further preventive or reunification efforts could not permit the child to remain without jeopardy at home, the court may authorize or continue the removal of the child.

(5) If a court determines that one of the following circumstances exist, the juvenile court may make a finding that the office is not required to make reasonable efforts to make it possible for the child to safely return home:

(a) Aggravated circumstances including, but not limited to, the following:

(A) The parent by abuse or neglect has caused the death of any child;

(B) The parent has attempted, solicited or conspired, as described in ORS 161.405, 161.435 or 161.450 or under comparable laws of any jurisdiction, to cause the death of any child;

(C) The parent by abuse or neglect has caused serious physical injury to any child;

(D) The parent has subjected any child to rape, sodomy or sexual abuse;

(E) The parent has subjected any child to intentional starvation or torture;

(F) The parent has abandoned the child as described in ORS 419B.100 (1)(e); or

(G) The parent has unlawfully caused the death of the other parent of the child;

(b) The parent has been convicted in any jurisdiction of one of the following crimes:

(A) Murder of another child of the parent, which murder would have been an offense under 18 U.S.C. 1111(a);

(B) Manslaughter in any degree of another child of the parent, which manslaughter would have been an offense under 18 U.S.C. 1111(a);

(C) Aiding, abetting, attempting, conspiring or soliciting to commit an offense described in subparagraph (A) or (B) of this paragraph; or

(D) Felony assault that results in serious physical injury to the child or another child of the parent; or

(c) The parent's rights to another child have been terminated involuntarily.

(6) If, pursuant to a determination under subsection (5) of this section, the juvenile court makes a finding that the office is not required to make reasonable efforts to prevent or eliminate the need for removal of the child from the home or to make it possible for the child to safely return home, and the office determines that it will not make such efforts, the court shall conduct a permanency hearing as provided in ORS 419B.470 no later than 30 days after the judicial finding under subsection (5) of this section.

[(5)] (7) Where an Indian child is involved, the office must satisfy the court that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts have proven unsuccessful. No foster care placement may be ordered in a proceeding in the absence of a determination, supported by clear and convincing evidence, including the testimony of expert witnesses, that the continued custody of the Indian child by the parent or Indian custodian is likely to result in serious emotional or physical injury to the Indian child.

SECTION 12. ORS 419B.343 is amended to read:

419B.343. (1) To ensure effective planning for children, the State Office for Services to Children and Families shall take into consideration recommendations and information provided by the committing court before placement in any facility. The State Office for Services to Children and Families shall ensure that the case planning in any case:

(a) For the reunification of the family bears a rational relationship to the jurisdictional findings that brought the child within the court's jurisdiction under ORS 419B.100;

(b) Incorporates the perspective of the child and the family and, whenever possible, allows the family to assist in designing its own service programs, based on an assessment of the family's needs and the family's solutions and resources for change; and

(2) [Except in cases involving extreme conduct under ORS 419B.502 in which no case plan is required] Except in cases when the plan is something other than to reunify the family, the State Office for Services to Children and Families shall include in the case plan:

(a) Appropriate services to allow the parent the opportunity to adjust the parent's circumstances, conduct or conditions to make return of the child possible within the time described in paragraph (b) of this subsection; and

(b) An alternate, permanent plan to be implemented if the parent is unable or unwilling to adjust the parent's circumstances, conduct or conditions in such a way as to allow the return of the child. A rebuttable presumption is created that it is in the best interest of the child to implement the alternate, permanent plan if:

(A) The State Office for Services to Children and Families has made reasonable efforts or, if the Indian Child Welfare Act applies, active efforts to provide services that would make return of the child possible; and

(B) Twelve months after the date the child was found to be within the jurisdiction of the court under ORS 419B.100 or 14 months after the child was placed in substitute care, whichever is the earlier, the child could not be returned to the parent.

SECTION 13. ORS 419B.350 is amended to read:

419B.350. [(1) If the child is in substitute care, then no later than six months after a court has placed a child in the legal custody of the State Office for Services to Children and Families under ORS 419B.337, the court or the local citizen review board, established under ORS 419A.090, shall review the case. The purpose of the review is to evaluate:]

[(a)] (1) At any review conducted under ORS 419A.106 or a court hearing conducted in lieu of that review, if the case plan is to reunify the family, the court or local citizen review board shall evaluate the efforts and progress the parent has made in adjusting the parent's circumstances, conduct or conditions to make [return of the child possible; and] it possible for the child to safely return home and the efforts of the State Office for Services to Children and Families in supporting the parent's efforts.

[(b) The efforts of the State Office for Services to Children and Families in supporting the parent's efforts.]

(2)(a) If the court or the local citizen review board finds that the State Office for Services to Children and Families has made reasonable efforts or, if the Indian Child Welfare Act applies, active efforts to [reunify the family] make it possible for the child to safely return home, the court or local citizen review board shall so state. If, in spite of the efforts of the State Office for Services to Children and Families, the court or the local citizen review board finds that the parent has not made sufficient progress to make it possible for the child to safely return home, the court or the local citizen review board may recommend that the State Office for Services to Children and Families pursue implementation of the alternate, permanent plan required under ORS 419B.343 (2). The implementation may include, but is not limited to:

[(a)] (A) Preparation of a petition for termination of parental rights;

[(b)] (B) Search for an adoptive home or permanent foster care placement;

[(c)] (C) Identification and study of guardianship placement; and

[(d)] (D) Mediation with the parent for the purpose of implementing the alternate, permanent plan for the child.

[(3)] (b) If the court or the local citizen review board finds that the State Office for Services to Children and Families has not made reasonable efforts or, if the Indian Child Welfare Act applies, active efforts to [reunify the family] make it possible for the child to safely return home, the court or local citizen review board shall so state and the [12-month] period referred to in ORS 419B.343 (2) shall be extended by a period of time equal to [the period of time between placing the child in the custody of the State Office for Services to Children and Families under ORS 419B.337 and the date of the review.] that between the prior finding that the office had made reasonable efforts or, if the Indian Child Welfare Act applies, active efforts to make it possible for the child to safely return home, and the current finding that the office has not made reasonable or active efforts.

[(4) The court or the local citizen review board shall review the case a second time 12 months after the court placed the child in the custody of the State Office for Services to Children and Families under ORS 419B.337.]

[(5)(a) At the second review, if the court or the local citizen review board finds that the State Office for Services to Children and Families has made reasonable efforts or, if the Indian Child Welfare Act applies, active efforts to reunify the family, the court or local citizen review board shall so state. If the court or the local citizen review board finds that the parent has not made sufficient progress to allow the child to return to the home, the rebuttable presumption referred to in ORS 419B.343 (2)(b) is created unless the time period was extended as described in subsection (3) of this section.]

[(b) A person may rebut the presumption by showing at a court hearing by a preponderance of the evidence that further efforts will lead to successful reunification of the family.]

[(c) If the presumption is rebutted, the court shall order an extension for a time certain and specify the services in which the parents are to engage and the progress that is expected at the end of the extension.]

(3) In determining whether the State Office for Services to Children and Families has made reasonable efforts or, if the Indian Child Welfare Act applies, active efforts to make it possible for the child to safely return home, the court or local citizen review board shall consider the child's health and safety the paramount concerns.

[(d)] (4) No later than 10 days after receiving the findings and recommendations of the local citizen review board, a [person] party adversely affected by the findings and recommendations may request judicial review.

[(6) If at the second review the court or the local citizen review board finds that the State Office for Services to Children and Families has not made reasonable efforts or, if the Indian Child Welfare Act applies, active efforts to reunify the family, the court or local citizen review board shall so state and the 12-month period referred to in ORS 419B.343 (2) shall be extended by a period of time equal to the period of time between the first review and the second review.]

SECTION 14. ORS 419B.470 is amended to read:

419B.470. (1) The court shall conduct a [dispositional review] permanency hearing within 30 days after a judicial finding is made under ORS 419B.340 (5) if, based upon that judicial finding, the State Office for Services to Children and Families determines that it will not make reasonable efforts to reunify the family.

(2) In all other cases when the child is in substitute care, the court shall conduct a permanency hearing no later than [18] 12 months after the [original placement and periodically thereafter during the continuation of substitute care] child was found within the jurisdiction of the court under ORS 419B.100 or 14 months after the child was placed in substitute care, whichever is the earlier.

(3) Except as otherwise provided in subsection (4) of this section, after the initial permanency hearing conducted under subsection (1) or (2) of this section, the court shall conduct subsequent permanency hearings not less frequently than every 12 months for as long as the child remains in substitute care.

(4) The court is not required to conduct subsequent permanency hearings if the child is placed in permanent foster care sanctioned by the court. However, if the child is removed from court sanctioned permanent foster care, the court shall conduct a permanency hearing within three months after the date of the change in placement and not less frequently than every 12 months thereafter for as long as the child remains in substitute care.

(5) Unless good cause otherwise is shown, the court shall also conduct a [dispositional review] permanency hearing at any time upon the request of the State Office for Services to Children and Families, an agency directly responsible for care or placement of the child, parents whose parental rights have not been terminated, an attorney for the child, 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.

SECTION 15. ORS 419B.476 is amended to read:

419B.476. (1) The [dispositional review] permanency 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)(a) At a permanency hearing conducted under ORS 419B.470 (2), if the case plan is to reunify the family, the court shall determine whether the State Office for Services to Children and Families has made reasonable efforts or, if the Indian Child Welfare Act applies, active efforts to make it possible for the child to safely return home and whether the parent has made sufficient progress to make it possible for the child to safely return home. In making its determination, the court shall consider the child's health and safety the paramount concerns.

(b) If the office has made reasonable efforts or, if the Indian Child Welfare Act applies, active efforts to make it possible for the child to safely return home and the parent has not made sufficient progress to allow the child to safely return home, the rebuttable presumption in ORS 419B.343 (2) is created, unless the time period was extended as provided in ORS 419B.350 (2).

(c) A party to a permanency hearing may rebut the presumption by showing by a preponderance of the evidence that further efforts will make it possible for the child to safely return home within a reasonable time.

(d) If the presumption is rebutted, the court shall order an extension for a time certain and specify the services in which the parents are to participate and the progress that is required by the end of the extension.

(3) If, at a permanency hearing conducted under ORS 419B.470 (2), the court finds that the office has not made reasonable efforts or, if the Indian Child Welfare Act applies, active efforts to make it possible for the child to safely return home, the court shall so state. The court shall extend the period referred to in ORS 419B.343 (2) by a period of time equal to that between the prior finding that the office had made reasonable efforts or, if the Indian Child Welfare Act applies, active efforts to make it possible for the child to safely return home, and the current finding that the office has not made reasonable or active efforts.

(4) At a permanency hearing conducted in cases in which the case plan is something other than to reunify the family, the court shall determine whether the office has made reasonable efforts to place the child in a timely manner in accordance with the plan and to complete the steps necessary to finalize the permanent placement of the child.

[(2)] (5) The court shall enter an order within 20 days after the [review] permanency hearing. [Where] When the child is in substitute care, the order shall include [a] the court's determination of the permanency plan for the child that includes whether and, if applicable, when:

(a) [Whether or not] The child [should] will be returned to the parent;

(b) [Whether or not] The child [should] will be placed for adoption, and a petition for termination of parental rights will be filed;

[(c) Whether the child should continue in substitute care for a specified period; or]

[(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.]

(c) The child will be referred for establishment of legal guardianship; or

(d) The child will be placed in another planned permanent living arrangement if the State Office for Services to Children and Families has documented a compelling reason that it would not be in the best interests of the child to be:

(A) Returned home;

(B) Placed for adoption, and a petition for termination of parental rights to be filed;

(C) Placed with a fit and willing relative; or

(D) Placed with a legal guardian.

(6) In making the determination under subsection (5)(b) of this section, the court shall determine whether one of the circumstances in section 21 (2) of this 1999 Act is applicable to the case.

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

[(4)] (8) If the court determines that the child shall be referred for establishment of legal guardianship, placed [or continued in substitute care or placed in the custody or guardianship of a relative or other responsible individual] with a fit and willing relative or placed in another planned permanent living arrangement, 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] for placement in another planned permanent living arrangement. 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)] (9) In the course of the [dispositional review] permanency 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 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; and

(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.]

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

SECTION 15a. If Senate Bill 387 becomes law, ORS 419A.200, as amended by section 1, chapter 263, Oregon Laws 1999 (Enrolled Senate Bill 387), is amended to read:

419A.200. (1) Except as provided in ORS 419A.190, any person or entity, including, but not limited to, a party to a juvenile court proceeding under ORS 419B.115 (1) or 419C.285 (1), whose rights or duties are adversely affected by a final order of the juvenile court may appeal therefrom. An appeal from a circuit court shall be taken to the Court of Appeals, and an appeal from a county court shall be taken to the circuit court.

(2) If the proceeding is in the circuit court and no record of the proceedings was kept, the court, on motion made not later than 15 days after the entry of the court's order, shall grant a rehearing and shall direct that a record of the proceedings be kept. However, the court shall not grant a rehearing in a case barred by ORS 419A.190 without the consent of the child affected by such case. If a rehearing is held, the time for taking an appeal shall run from the date of entry of the court's order after the rehearing.

(3)(a) The appeal may be taken by causing a notice of appeal, in the form prescribed by ORS 19.250, to be served:

(A) On all parties who have appeared in the proceeding;

(B) On the clerk of the juvenile court; and

(b) The original of the notice with proof of service shall be filed with:

(A) The Court of Appeals if the appeal is from a circuit court; or

(B) The circuit court if the appeal is from a county court.

(c) The notice shall be filed not later than 30 days after the entry of the court's order. On appeal from the county court, the circuit court shall hear the matter de novo and its order shall be appealable to the Court of Appeals in the same manner as if the proceeding had been commenced in the circuit court.

(4)(a) Upon motion of a person, other than the state, entitled to appeal under subsection (1) of this section, if the person was not represented by counsel in the proceeding from which the appeal is being taken, the appellate court shall grant the person leave to file a notice of appeal after the time limits described in subsection (3) of this section if the person shows a colorable claim of error in the proceeding from which the appeal is taken.

(b) A person other than the state shall not be entitled to relief under this subsection for failure to file timely notice of cross-appeal when the state appeals pursuant to subsection (7) of this section.

(c) The request for leave to file a notice of appeal after the time limits prescribed in subsection (3) of this section shall be filed no later than 90 days after entry of the order being appealed and shall be accompanied by the notice of appeal sought to be filed. A request for leave under this subsection may be filed by mail and shall be deemed filed on the date of mailing if the request is mailed as provided in ORS 19.260.

(d) The court shall not grant relief under this subsection unless the state has notice and opportunity to respond to the person's request for relief.

(5) An appeal to the Court of Appeals shall be conducted in the same manner as an appeal in an equity suit and shall be advanced on the court's docket in the same manner as appeals in criminal cases.

(6)(a) Except as provided in subsection (8) of this section or when otherwise ordered by the appellate court, the filing of an appeal does not suspend the order of the juvenile court nor discharge the child from the custody of the person, institution or agency in whose custody the child may have been placed nor preclude the trial court after notice and hearing from entering such further orders relating to the child's custody pending final disposition of the appeal as it finds necessary by reason only of matters transpiring subsequent to the order appealed from. Certified copies of any such order shall be filed by the clerk of the juvenile court forthwith with the Court of Appeals.

(b) Notwithstanding the filing of an appeal from a dispositional order entered pursuant to ORS 419B.325 or [a dispositional review] an order entered pursuant to ORS 419B.449 or 419B.476, the juvenile court may proceed with the adjudication of a petition seeking termination of the parental rights of a parent of the child who is subject to the order from which the appeal is taken.

(c) The appeal of any order entered in a termination of parental rights proceeding under paragraph (b) of this subsection shall be consolidated, if appropriate, with any pending appeal of an order entered under ORS 419B.325, 419B.449 or 419B.476. The consolidated appeal shall be conducted and advanced on the court's docket in the same manner as termination of parental rights cases.

(7) In addition to the state's right to appeal under subsection (1) of this section, in a juvenile proceeding, the state may take an appeal from the order of a judge or referee from:

(a) An order made prior to an adjudicatory hearing dismissing or setting aside a delinquency petition;

(b) An order made after an adjudicatory hearing in which the juvenile is found to be within the jurisdiction of the court, setting aside the petition for delinquency;

(c) An order made prior to an adjudicatory hearing suppressing or limiting evidence or refusing to suppress or limit evidence; or

(d) An order made prior to an adjudicatory hearing for the return or restoration of things seized.

(8) If the state pursuant to subsection (7) of this section appeals a preadjudicatory order, and the child is in detention in the same proceeding pursuant to ORS 419C.109, 419C.136, 419C.139, 419C.170 and 419C.173, the juvenile court shall consider release of the child from detention during the pendency of the appeal in accordance with the following provisions:

(a) When the child is charged with an act which would be murder if committed by an adult, release shall be denied when the proof is evident or the presumption strong that the child committed the act.

(b) The child shall be released upon the child's personal recognizance unless release criteria show to the satisfaction of the juvenile court that the child would not be likely to appear before the court as ordered upon later appearance dates and that such a release is therefore unwarranted. Release criteria shall include the following:

(A) The child's education and employment status and history and financial condition;

(B) The nature and extent of the child's family relationships;

(D) Identification of persons who agree to assist the child in attending court at the proper time;

(E) The nature of the current petition;

(F) The child's juvenile record, if any, and, if the child has previously been released pending trial, whether the child appeared as required;

(G) Any facts indicating the possibility of violations of law if the child is released without restrictions;

(H) Any facts tending to indicate that the child has strong ties to the community; and

(I) Any other facts tending to indicate the likelihood of the child's appearing before the court as ordered upon later appearance dates.

(c) If the court finds that release of the child on the child's personal recognizance is unwarranted, it shall order conditional release. The court may impose upon the released child one or more of the following conditions, but shall impose the least onerous condition reasonably likely to assure the child's later appearance:

(A) Release of the child into the care of a parent or other responsible person or organization for supervising the child and assisting the child in appearing in court. The supervisor shall notify the court immediately in the event that the child breaches the terms of the conditional release.

(B) Reasonable restrictions on the activities, movements, associations and residences of the child.

(9) If the child, parent or guardian is shown to be without sufficient financial means to employ suitable counsel possessing skills and experience commensurate with the nature and complexity of the case to represent the person in an appeal as provided in subsections (1) to (8) of this section, the court, upon request of the person or upon its own motion, shall appoint suitable counsel to represent the person. Counsel appointed by the court shall be paid compensation determined by the appellate court as provided in ORS 135.055 if the circuit court is the appellate court or as provided in ORS 138.500 if the Court of Appeals or Supreme Court is the appellate court.

(10)(a) Where the court appoints counsel to represent the child, it may require the parent, if able, or guardian of the estate, if the estate is able, to pay to the State Court Indigent Defense Account in the General Fund in full or in part the administrative costs of determining the ability of the parents or estate to pay for legal services and the costs of the legal and other services that are related to the provision of appointed counsel.

(b) The test of the parent's or estate's ability to pay costs under paragraph (a) of this subsection shall be the same test as applied to appointment of counsel for defendants under ORS 135.050. If counsel is provided at state expense, the court shall apply this test in accordance with the rules of the State Court Administrator adopted under ORS 151.487.

(c) If counsel is provided at state expense, the court shall determine the amount the parents or estate shall be required to pay for the costs of administrative, legal and other services related to the provision of appointed counsel in the same manner as this amount is determined under ORS 151.487.

(d) The court's order of payment shall be enforceable in the same manner as an order of support under ORS 419B.408 and 419C.600.

(11) Where the court appoints counsel and the child, parent or guardian is without sufficient financial means to employ counsel, the compensation for counsel and costs and expenses necessary to the appeal shall be allowed and paid as provided in ORS 135.055 if the circuit court is the appellate court or as provided in ORS 138.500 if the Court of Appeals or Supreme Court is the appellate court.

(12) The district attorney or Attorney General shall represent the state in the appeal.

SECTION 16. ORS 419B.502 is amended to read:

419B.502. The rights of the parent or parents may be terminated as provided in ORS 419B.500 if the court finds that the parent or parents are unfit by reason of a single or recurrent incident of extreme conduct toward the child or another child [and that continuing the parent and child relationship is likely to result in serious abuse or neglect]. In such case, no efforts need to be made by available social agencies to help the parent adjust the conduct in order to make the return of the child possible. In determining extreme conduct, the court shall consider the following:

(1) Rape, sodomy or sex abuse of any child by the parent.

(2) Intentional starvation or torture of any child by the parent.

(3) Abuse or neglect by the parent of any child resulting in death or serious physical injury.

(4) Conduct by the parent to aid or abet another person who, by abuse or neglect, caused the death of any child.

(5) Conduct by the parent to attempt, solicit or conspire, as described in ORS 161.405, 161.435 or 161.450 or under comparable laws of any jurisdiction, to cause the death of any child.

[(4)] (6) Previous involuntary terminations of the parent's rights to another child if the conditions giving rise to the previous action have not been ameliorated.

SECTION 17. ORS 419A.102 is amended to read:

419A.102. (1) Notwithstanding the provisions of ORS 40.225 to 40.275, 418.130, 419B.035, 419B.045, 419B.440, 419B.443, 419B.446, 419B.449, 419B.452 and 419B.460, each local citizen review board shall have access to:

(a) Any records of the court which are pertinent to the case; and

(b) Any records of the State Office for Services to Children and Families that would be admissible in a [dispositional review] permanency hearing conducted under ORS 419B.470, 419B.473 and 419B.476, including school records and reports of private service providers contained in the records of the office or other agency.

(2) All requested records not already before the local citizen review board shall be submitted by the office within five working days after receipt of the request. The following provisions apply:

(a) Copies may be sent in lieu of originals.

(b) Except as otherwise provided in this paragraph, the local citizen review boards and the staff provided for the boards must return all records and copies received from the office to the office within seven working days after completion of the review. The staff of a local citizen review board may retain a reference copy of case materials used by the local citizen review board to make its recommendation if the following apply:

(A) The material is necessary for the ongoing work of the board with regard to the particular case or to work of the board; and

(B) The confidentiality of the material is continued and protected in the same manner as other materials received from the State Office for Services to Children and Families. Materials thus retained by the local boards are exempt from disclosure under the public records law.

(3) If a local citizen review board is denied access to requested records, it may request a court hearing. The court may require the organization in possession of the records to show cause why the records should not be made available as provided by this section.

SECTION 18. Section 131d, chapter 422, Oregon Laws 1995, is amended to read:

Sec. 131d. (1) Notwithstanding the provisions of ORS 40.225 to 40.275, 418.130, 419B.035, 419B.045, 419B.440, 419B.443, 419B.446, 419B.449, 419B.452 and 419B.460, each local citizen review board shall have access to:

(a) Any records of the court which are pertinent to the case; and

(b) Any records of the State Office for Services to Children and Families or the Oregon Youth Authority that would be admissible in a [dispositional review] permanency hearing conducted under ORS 419B.470, 419B.473 and 419B.476, including school records and reports of private service providers contained in the records of the office, the Oregon Youth Authority or other agency.

(2) All requested records not already before the local citizen review board shall be submitted by the office or the Oregon Youth Authority within five working days after receipt of the request. The following provisions apply:

(a) Copies may be sent in lieu of originals.

(b) Except as otherwise provided in this paragraph, the local citizen review boards and the staff provided for the boards must return all records and copies received from the office or the Oregon Youth Authority to the office or the Oregon Youth Authority within seven working days after completion of the review. The staff of a local citizen review board may retain a reference copy of case materials used by the local citizen review board to make its recommendation if the following apply:

(A) The material is necessary for the ongoing work of the board with regard to the particular case or to work of the board; and

(B) The confidentiality of the material is continued and protected in the same manner as other materials received from the State Office for Services to Children and Families or the Oregon Youth Authority. Materials thus retained by the local boards are exempt from disclosure under the public records law.

SECTION 19. Nothing in the amendments to ORS 419A.102 or section 131d, chapter 422, Oregon Laws 1995, by section 17 or 18 of this 1999 Act affects the operative-in-lieu or repealing provisions of section 131a, chapter 422, Oregon Laws 1995.

SECTION 20. Section 21 of this 1999 Act is added to and made a part of ORS chapter 419B.

SECTION 21. (1) Except as provided in subsection (2) of this section, the State Office for Services to Children and Families shall file a petition to terminate the parental rights of a child's parents or, if such a petition has been filed by another party, seek to be joined as a party to the petition and, concurrently, to identify, recruit, process and approve a qualified family for adoption if:

(a) The child has been in substitute care under the responsibility of the office for 15 months of the most recent 22 months;

(b) A court of competent jurisdiction has determined that the parent has committed murder of another child of the parent, committed voluntary manslaughter of another child of the parent, aided or abetted, attempted, conspired or solicited to commit murder or voluntary manslaughter of another child of the parent or committed felony assault that has resulted in serious bodily injury to the child or to another child of the parent; or

(c) A court of competent jurisdiction has determined that the child is an abandoned child.

(2) The office shall file a petition to terminate the parental rights of a parent or seek to be joined as a party to such a petition filed by another party in the circumstances described in subsection (1) of this section unless:

(a) At the option of the office, the child is being cared for by a relative;

(b) The office has documented in the case plan, which shall be available for court review, a compelling reason for determining that filing such a petition would not be in the best interests of the child. Such compelling reasons include, but are not limited to:

(A) The parent is successfully working to complete a plan under ORS 419B.476 (2)(d); or

(B) Another permanent plan is better suited to meet the health and safety needs of the child; or

(c) The office has not provided to the family of the child, consistent with the time period in the office case plan, such services as the office deems necessary for the safe return of the child to the child's home, if reasonable efforts to make it possible for the child to safely return home are required to be made with respect to the child.

SECTION 22. 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

(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 [under ORS 419B.100].

(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 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

(4) 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 return of the child possible 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) 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 23. ORS 419B.365 is amended to read:

419B.365. (1) At any time following establishment of jurisdiction and wardship under ORS 419B.100, but prior to filing of a petition under ORS 419B.500, or after dismissal of a petition filed under ORS 419B.500 if it fails to result in termination of the parent's rights, the court may hear a petition for permanent guardianship. If the State Office for Services to Children and Families chooses not to participate in a proceeding initiated by an intervenor under ORS 419B.115, the state is not foreclosed from filing a subsequent action should the intervenor's petition be denied.

(2) Except as otherwise provided in this section, the juvenile court shall hear the permanent guardianship case and follow the procedures in ORS chapter 125.

(3) The court shall appoint as a guardian a suitable person who has petitioned the court to be appointed permanent guardian of the child and who has standing under ORS 419B.115.

(4) The grounds for granting a permanent guardianship are the same as those for termination of parental rights.

(5) The court shall grant a permanent guardianship if it finds by clear and convincing evidence that:

(a) The grounds cited in the petition are true; and

(b) It is in the best interest of the child that the parent never have physical custody of the child but that other parental rights and duties should not be terminated.

(6) A person appointed permanent guardian has the duties and authority of a guardian appointed under ORS chapter 125. The annual report requirement in ORS 125.325 applies to a permanent guardianship granted under this section.

(7) Upon its own motion or that of a parent, the child or the guardian, the court granting the guardianship may at any time enter orders regarding contact, visitation and child support when the orders are appropriate and in the best interest of the child. The court may modify or enforce the orders only if the party seeking modification or enforcement has participated or attempted to participate, in good faith, in mediation to resolve the dispute that is the basis of the modification or enforcement motion. The participation or attempted participation in mediation must have occurred prior to filing the motion for modification or enforcement. The court may require a person filing a motion under this subsection to pay a reasonable filing fee.

(8) A parent may not petition the court to terminate a guardianship once the guardianship is granted under this section.

SECTION 24. ORS 419B.529 is amended to read:

419B.529. (1) Notwithstanding ORS 109.309, a prospective adoptive parent is not required to file a petition for adoption when:

(a) A juvenile court that is a circuit court has entered an order of permanent commitment of a child to the State Office for Services to Children and Families under ORS 419B.527 or the parent has signed and the office has accepted a release and surrender to the office and a certificate of irrevocability and waiver as provided in ORS 418.270 regarding the child;

(b) The State Office for Services to Children and Families has completed a home study as defined in ORS 109.304 that finds the prospective parent is suitable to adopt the child and the State Office for Services to Children and Families consents to the adoption of the child by the prospective parent;

(c) A home study and a placement report requesting the juvenile court to enter a decree of adoption have been filed in the juvenile court proceeding; and

(d) At the time the placement report is filed under paragraph (c) of this subsection, the prospective adoptive parent files the adoption report form required under ORS 109.400.

(2) Notwithstanding ORS 21.114, the clerk of the juvenile court may not charge or collect first appearance or hearing fees for a proceeding under this section.

(3) After the filing of the home study and the placement report requesting the court to enter a decree of adoption, the juvenile court that entered the order of permanent commitment may proceed as provided in ORS 109.307 and 109.350 and may enter a decree of adoption.

(4) Records of adoptions filed and established under this section shall be kept in accordance with, and are subject to, ORS 7.211.

SECTION 25. ORS 7.211 is amended to read:

7.211. (1) The clerk or court administrator of any court having jurisdiction over adoption cases shall keep separate records in all cases of adoption filed in such court. The records shall not be subject to the inspection of any person, except upon order of the court. Adoption proceedings shall not be entered upon the general records of the court, nor shall the clerk or court administrator disclose to any person, without the court order, any information appearing in the adoption records. The clerk, court administrator or any other person having custody of any records or files in such cases shall not disclose them to any person without the court order. Nothing contained in this section shall prevent the clerk or court administrator from certifying copies of a decree of adoption to the petitioners in such proceeding or their attorney. At the time of the entry of any final decree of adoption, the clerk, court administrator or other person having custody of the records or files in such cases shall cause all records, papers and files relating to the adoption to be sealed in the record of the case and such sealed records, papers and files shall not be unsealed, opened or subject to the inspection of any person except upon order of a court of competent jurisdiction. [The clerk, court administrator or other person having custody of records of adoptions entered under ORS 419B.529 shall store the records in the juvenile records and shall cause the records to be separately sealed.]

(2) The provisions of subsection (1) of this section do not apply to the disclosure of information under ORS 109.425 to 109.507.

SECTION 26. This 1999 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 1999 Act takes effect on the first day of the first calendar quarter that begins after adjournment sine die of the Seventieth Legislative Assembly.

Approved by the Governor July 23, 1999

Filed in the office of Secretary of State July 23, 1999

Effective date October 1, 1999

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