Chapter 1081 Oregon Laws 1999

Session Law

AN ACT

SB 60

Relating to courts; creating new provisions; and amending ORS 3.408, 3.430, 3.434 and 107.437 and section 145, chapter 746, Oregon Laws 1997.

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

JURISDICTION OF FAMILY

COURT DEPARTMENTS

SECTION 1. ORS 3.408 is amended to read:

3.408. (1) The presiding judge of the judicial district may assign to a family court department established under ORS 3.405 all of the following matters:

(a) Proceedings under the provisions of ORS chapters 107, 108 and 109 and ORS 110.300 to 110.441;

(b) Proceedings under the provisions of ORS chapter 25;

(d) Juvenile court proceedings under ORS chapters 419A, 419B and 419C;

(e) Proceedings to commit a mentally ill person under the provisions of ORS chapter 426 and ORS 430.397 to 430.401; [and]

[(f) Any other proceedings dealing with domestic relationship disputes.]

(f) Probate proceedings under ORS chapters 111, 112, 113, 114, 115, 116 and 117; and

(g) Any other proceeding in which a family is involved.

(2) In addition to the matters specified in subsection (1) of this section, the presiding judge of the judicial district may assign to a family court department any criminal proceeding that involves domestic violence or other crime between family members.

SECTION 2. Section 145, chapter 746, Oregon Laws 1997, is amended to read:

Sec. 145. (1) The presiding judge of the judicial district may assign to a family court department established under ORS 3.405 all of the following matters:

(a) Proceedings under the provisions of ORS chapters 107, 108 and 109 and sections 56 to 114, chapter 746, Oregon Laws 1997 [of this Act];

(b) Proceedings under the provisions of ORS chapter 25;

(d) Juvenile court proceedings under ORS chapters 419A, 419B and 419C;

(e) Proceedings to commit a mentally ill person under the provisions of ORS chapter 426 and ORS 430.397 to 430.401; [and]

[(f) Any other proceedings dealing with domestic relationship disputes.]

(f) Probate proceedings under ORS chapters 111, 112, 113, 114, 115, 116 and 117; and

(g) Any other proceeding in which a family is involved.

SECTION 3. Nothing in the amendments to ORS 3.408 or section 145, chapter 746, Oregon Laws 1997, by section 1 or 2 of this 1999 Act affects the operative-in-lieu or repealing provisions of section 1, chapter 746, Oregon Laws 1997.

FAMILY COURT ADVOCATE PROGRAMS

SECTION 4. ORS 3.430 is amended to read:

3.430. (1) The Judicial Department shall establish family court advocate programs in [Jackson and Deschutes] counties specified in subsection (4) of this section. The programs shall be designed to develop an efficient system for providing integrated, family-focused prevention and intervention services to at-risk families identified by the family courts in those counties, and to coordinate available human services and community resources with the family courts in those counties, both for the purpose of court proceedings and for the purpose of preventing the types of problems that eventually lead to involvement with the judicial system.

(2) The family court advocate programs implemented under this section shall emphasize the following goals:

(a) Protection of children.

(b) Successful completion of family plans designed by the programs.

(d) Improvements in the functioning of each family that is provided services by the programs.

(e) Decreased caseload in the courts of this state in matters relating to families.

(f) Integration of family services.

(g) Identification of and referral to alternatives to court proceedings.

(3) The family court advocate programs shall:

(a) Coordinate services that are available to persons who are parties in proceedings before the family court, or who may become parties in proceedings before the family court.

(b) Assist human services agencies in efforts made by those agencies to collaborate with the family court.

(c) Assist circuit court judges in viewing litigation involving families with a focus on the family instead of viewing the parties as individual litigants.

(d) Intervene with at-risk families who do not receive governmental assistance.

(e) Research, identify and advocate new programs that will improve the use of family courts.

(4) Family court advocate programs shall be established in Jackson County, Deschutes County and such other counties as may be designated by the Chief Justice of the Supreme Court.

SECTION 5. The State Court Administrator shall conduct an evaluation of family court advocate programs established under ORS 3.430. The evaluation shall focus on the success of the programs in performing the functions identified in ORS 3.430. The State Court Administrator shall prepare a report based on the evaluation required under this section and submit the report to the Seventy-first Legislative Assembly in the manner provided by ORS 192.245.

RETURN ON ORDER OF ASSISTANCE

SECTION 6. ORS 107.437 is amended to read:

107.437. (1) A person entitled to physical custody of a child may make an ex parte application for an order of assistance to a court of any county:

(a) In which a child is located if the person is entitled to the physical custody of the child under a valid and current order issued in this state; or

(b) In which a valid and current foreign custody order has been filed with a petition as provided in subsection (3) of this section.

(2) The application must include a certified copy of the custody order. The order of assistance may direct a law enforcement agency having jurisdiction where the child is located to use any reasonable means and force to deliver the child as directed by the court. The court may issue an order of assistance upon the sworn affidavit of the applicant and a finding of the court that:

(a) The applicant is entitled to physical custody of the child under a valid and current custody order; and

(b) The child is being held by another person in substantial violation of the custody order.

(3) When the application for an order of assistance is made to a court in which the custody order has been entered or registered, the applicant shall make the application in the form of a motion. In all other cases, the applicant shall make the application in the form of a petition. The court may not charge a filing fee for a motion or petition filed under this section.

(4) The law enforcement agency to which an order of assistance is directed shall make a return to the court specifying whether the order was executed, and if so, a statement reflecting the date on which the order was executed and any other information required by the court in the order of assistance.

[(4)] (5) A court may not issue an order of assistance for the purpose of enforcing visitation rights.

[(5)] (6) Except for intentional torts committed outside the scope of the peace officer's duties, a peace officer is not civilly or criminally liable for any action taken in recovering the custody of a child pursuant to an order issued under this section.

SECTION 7. The amendments to ORS 107.437 by section 6 of this 1999 Act apply only to orders of assistance issued by a court on or after the effective date of this 1999 Act.

LOCAL FAMILY LAW

ADVISORY COMMITTEES

SECTION 8. ORS 3.434 is amended to read:

3.434. (1) No later than January 1, 1999, the presiding judge of each judicial district shall adopt a plan to coordinate the provision of services to families involved in domestic relations or other family court proceedings.

(2) The presiding judge of the judicial district shall establish a local family law advisory committee for the judicial district. The committee will prepare the plan required by subsection (1) of this section. The membership of the local advisory committee must reflect the diversity of the judicial district and must include, in addition to the presiding judge or a judge designated by the presiding judge, the trial court administrator and business, social service, community and government representatives who must be knowledgeable in family and family law issues. In judicial districts composed of more than one county, the presiding judge may establish a local advisory committee in each county or establish one or more committees to serve multiple counties.

(3)(a) At a minimum, the local family law advisory committee shall address the following in the plan:

(A) Mandates for mediation of child custody or parenting time disputes, requiring each party to attend either a group or private mediation orientation session;

(B) Methods of coordinating cases when the same child or family is involved in multiple cases; and

(C) The need for, and provision of, conciliation services, mediation services, child custody evaluations, parent education and visitation services.

(b) The local advisory committee may include other elements in the plan, including but not limited to:

(A) The need for, and provision of, services relating to prevention and early intervention; and

(B) The use of settlement options such as mediation, conciliation, arbitration and settlement conferences.

(c) The local advisory committee shall include in the plan a list of mediators qualified to provide mediation in cases involving spousal support and division of property issues. Once the list is developed, the judicial district shall maintain the list.

(4) The local family law advisory committee shall present the plan to the county governing body of each county within the judicial district and to the presiding judge of the judicial district for their approval. The local advisory committee shall send copies of the plan to the Chief Justice of the Oregon Supreme Court and those members of the Oregon House of Representatives and the Oregon Senate who represent the areas within the judicial district.

(5) The local family law advisory committee may assist in implementing, monitoring and revising the plan. The local advisory committee, working in conjunction with legal service providers, may coordinate access to family law resources, including family law facilitation and other services.

SECTION 9. The unit captions used in this 1999 Act are provided only for the convenience of the reader and do not become part of the statutory law of this state or express any legislative intent in the enactment of this 1999 Act.

Approved by the Governor September 1, 1999

Filed in the office of the Secretary of State September 2, 1999

Effective date October 23, 1999

__________