Chapter 610 Oregon Laws 2007
AN ACT
HB 2181
Relating to juvenile jurisdiction; creating new provisions; and
amending ORS 419B.440, 419B.443, 419B.446 and 419B.449.
Be It Enacted by the People of
the State of Oregon:
SECTION 1.
ORS 419B.440 is amended to read:
419B.440. Any public or
private agency having guardianship or legal custody of a child or ward pursuant
to court order shall file reports on the child or ward with the juvenile court
that entered the original order concerning the child or ward or, when no such
order exists, with the juvenile court of the county of the child or ward’s
residence in the following circumstances:
(1) When the child or
ward has been placed with the agency as a result of a court order and prior to,
or as soon as practicable after the agency places the child or ward in any
placement including, but not limited to, the child or ward’s home, shelter
care, substitute care or a child care center, unless the court has previously
received a report or treatment plan indicating the actual physical placement of
the child or ward[;].
(2)(a) When the
child or ward has been placed with the agency as the result of a court order
and remains under agency care for six consecutive months from date of initial
placement; [or]
[(3)] (b) When the child or ward has been surrendered for
adoption or the parents’ rights have been terminated and the agency has not
physically placed the child or ward for adoption or initiated adoption
proceedings within six months of receiving the child or ward; and
(c) When the ward is
in the legal custody of the Department of Human Services as provided in ORS
419B.337, but the ward has been placed for a period of six consecutive months
in the physical custody of a parent or a person who was appointed the ward’s legal
guardian prior to placement of the ward in the legal custody of the department.
SECTION 2.
ORS 419B.443 is amended to read:
419B.443. (1) The agency
shall file the reports required by ORS 419B.440 (2) [and (3)] 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 that necessitated the placement of the child or ward 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 child or ward, together with a
list of all placements made since the child or ward has been in the
guardianship or legal custody of an agency and the length of time the child or
ward has spent in each placement;
(c) A description of
agency efforts to return the child or ward to the parental home or find
permanent placement for the child or ward, including, when applicable, efforts
to assist the parents in remedying factors which contributed to the removal of
the child or ward from the home;
(d) A proposed treatment
plan or proposed continuation or modification of an existing treatment plan,
including, when applicable, terms of visitation to be allowed and expected of
parents and a description of efforts expected of the child or ward and the
parents to remedy factors that have prevented the child or ward from safely
returning home within a reasonable time; and
(e) If continued
substitute care is recommended, a proposed timetable for the child or ward’s
return home or other permanent placement or a justification of why extended
substitute care is necessary.
(2) In addition to
the information required in a report made under subsection (1) of this section,
for a ward who is in the legal custody of the Department of Human Services
pursuant to ORS 419B.337 but who will be or recently has been placed in the
physical custody of a parent or a person who was appointed the ward’s legal
guardian prior to placement of the ward in the legal custody of the department,
a report required under ORS 419B.440 (1) shall include:
(a) A recommended
timetable for dismissal of the department’s legal custody of the ward and
termination of the wardship; and
(b) A description of the
services that the department will provide to the ward and the ward’s physical
custodian to eliminate the need for the department to continue legal custody.
(3) In addition to the
information required in a report made under subsection (1) of this section, if
the report is made by the department under ORS 419B.440 (2)(c), the report
shall include:
(a) A recommended
timetable for dismissal of the department’s legal custody of the ward and
termination of the wardship; and
(b) A description of the
services that the department has provided to the ward and the ward’s physical
custodian to eliminate the need for the department to continue legal custody.
[(2)] (4) Notwithstanding the requirements of subsection (1)
of this section, reports [following the
initial report] need not contain information contained in prior reports.
SECTION 3.
ORS 419B.446 is amended to read:
419B.446. (1)
Notwithstanding the requirements under ORS 419B.440 that reports be filed with
the court, any report after the initial report that is required by ORS 419B.443
on a child or ward whose case is being regularly reviewed by a local citizen
review board shall be filed with that local citizen review board rather than
the court.
(2) Notwithstanding
subsection (1) of this section, all reports made under ORS 419B.440 (2)(c) on
wards in the legal custody of the Department of Human Services shall be filed
with the court.
SECTION 4.
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 or ward’s condition and circumstances and to
determine if the court should continue jurisdiction and wardship or order modifications
in the care, placement and supervision of the child or ward. The court shall
hold a hearing:
(a) In all cases under
ORS 419B.440 [(3)] (2)(b) when
the parents’ rights have been terminated; [or]
(b) If requested by the
child or ward, the attorney for the child or ward, if any, the parents or the
public or private agency having guardianship or legal custody of the child or
ward within 30 days of receipt of the notice provided in ORS 419B.452[.];
(c) Not later than
six months after receipt of a report made under ORS 419B.440 (1) on a ward who
is in the legal custody of the Department of Human Services pursuant to ORS
419B.337 but who is placed in the physical custody of a parent or a person who
was appointed the ward’s legal guardian prior to placement of the ward in the
legal custody of the department; or
(d) Within 30 days after
receipt of a report made under ORS 419B.440 (2)(c).
(2) The court shall
conduct a hearing provided in subsection (1) of this section 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.
(3) If the child or ward is in substitute
care and the decision of the court is to continue the child or ward
in substitute care[. Such], the
findings of the court shall specifically state:
(a) Why continued care
is necessary as opposed to returning the child or ward home or taking prompt
action to secure another permanent placement; [or] and
(b) The expected
timetable for return or other permanent placement.
(4) If the ward is in
the legal custody of the department but has been placed in the physical custody
of the parent or a person who was appointed the ward’s legal guardian prior to
placement of the ward in the legal custody of the department, and the decision
is to continue the ward in the legal custody of the department and the physical
custody of the parent or guardian, the findings of the court shall specifically
state:
(a) Why it is necessary
and in the best interests of the ward to continue the ward in the legal custody
of the department; and
(b) The expected
timetable for dismissal of the department’s legal custody of the ward and
termination of the wardship.
[(3)] (5) 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 or ward when adoption is the
concurrent case plan.
[(4)] (6) In addition to findings of fact required by
subsection (2) of this section, the court may order the Department of Human
Services to consider additional information in developing the case plan or
concurrent case plan.
[(5)] (7) Any final decision of the court made pursuant to
the hearing provided in subsection (1) of this section is appealable under ORS
419A.200.
SECTION 5. The
amendments to ORS 419B.440, 419B.443, 419B.446 and 419B.449 by sections 1 to 4
of this 2007 Act apply to wards of the state placed in the legal custody of the
Department of Human Services on or after the effective date of this 2007 Act.
Approved by the Governor June 26, 2007
Filed in the office of Secretary of State June 27, 2007
Effective date January 1, 2008
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