2021 Oregon Revised Statutes
Chapter 419A - Juvenile Code: General Provisions and Definitions
Section 419A.116 - Findings and recommendations; judicial review.


(a) Whether reasonable efforts were made prior to the placement, to prevent or eliminate the need for removal of the child or ward from the home;
(b) If the case plan at the time of the review is to reunify the family, whether the Department of Human Services has made reasonable efforts to make it possible for the child or ward to safely return home and whether the parent has made sufficient progress to make it possible for the child or ward to safely return home;
(c) If the case plan at the time of the review is something other than to reunify the family, whether the department has made reasonable efforts to place the child or ward in a timely manner in accordance with the case plan, including, if appropriate, placement of the child or ward through an interstate placement, and to complete the steps necessary to finalize the permanent placement of the child or ward;
(d) The continuing need for and appropriateness of the placement;
(e) Compliance with the case plan;
(f) The progress which has been made toward alleviating the need for placement;
(g) A likely date by which the child or ward may be returned home or placed for adoption;
(h) Other problems, solutions or alternatives the board determines should be explored;
(i) Whether the court should appoint an attorney or other person as special advocate to represent or appear on behalf of the child or ward under ORS 419B.195;
(j) For a ward 16 years of age or older with a permanency plan of another planned permanent living arrangement, the steps the department is taking to ensure that:
(A) The ward’s substitute care provider is following the reasonable and prudent parent standard; and
(B) The ward has regular, ongoing opportunities to engage in age-appropriate or developmentally appropriate activities, including consultation with the ward in an age-appropriate manner about the opportunities the ward has to participate in the activities;
(k) Whether there is reason to know, as described in ORS 419B.636, that the child or ward is an Indian child; and
(L) If there is reason to know the child or ward is an Indian child:
(A) Whether the department made active efforts, as described in ORS 419B.645, to prevent the breakup of the Indian family prior to the child’s removal;
(B) If the case plan at the time of the review is to reunify the family, whether the department has provided 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 return home;
(C) If the case plan at the time of review is to reunify the family and the child or ward is placed in a home outside the placement preferences described in ORS 419B.654, whether the department has continued to maintain the relationship of the child or ward with potential adoption preferences or whether the department has continued to search for a permanent placement that satisfies the placement preferences described in ORS 419B.654; and
(D) If the case plan at the time of the review is something other than to reunify the family, whether the department has made active efforts to place the child in a timely manner in accordance with the placement preferences under ORS 419B.654.
(2) The local citizen review board may, if the case plan has changed during the period since the last review by a local citizen review board or court hearing, make written findings and recommendations with respect to:
(a) Whether the Department of Human Services has made reasonable efforts or, if the child is an Indian child, active efforts to make it possible for the child or ward to safely return home and whether the parent has made sufficient progress to make it possible for the child or ward to safely return home, if a plan to reunify the family was in effect for any part of the period since the last review or hearing; or
(b) Whether the department has made reasonable efforts to place the child or ward in a timely manner in accordance with the case plan, including, if appropriate, placement of the child or ward through an interstate placement, and to complete the steps necessary to finalize the permanent placement of the child or ward, if a case plan other than to reunify the family was in effect for any part of the period since the last review or hearing.
(3) In determining whether the Department of Human Services has made reasonable efforts or, if the child is an Indian child, active efforts to make it possible for the child or ward to safely return home, the local citizen review board shall consider the child or ward’s health and safety the paramount concerns.
(4) No later than 10 days after receiving the findings and recommendations of the local citizen review board, a party adversely affected by the findings and recommendations may request judicial review. [1993 c.33 §31; 2001 c.686 §20; 2003 c.396 §22; 2007 c.611 §3; 2015 c.254 §2; 2020 s.s.1 c.14 §52; 2021 c.398 §53a]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 11 - Juvenile Code, Human Services

Chapter 419A - Juvenile Code: General Provisions and Definitions

Section 419A.004 - Definitions.

Section 419A.010 - Appointment of counselors and director; juvenile director oversight committee.

Section 419A.012 - Duties of director or counselor.

Section 419A.014 - Reports by juvenile department.

Section 419A.015 - Reports to school administrators concerning adjudicated youths on probation.

Section 419A.020 - County responsibility for expenses of juvenile department.

Section 419A.050 - Authority to acquire, equip and maintain detention and shelter facilities.

Section 419A.052 - Specifications of facilities.

Section 419A.055 - Examination of facilities; capacity limits; standards for release; notice.

Section 419A.057 - Payment of maintenance expenses; admission of adjudicated youths.

Section 419A.059 - Designation of detention and shelter facilities.

Section 419A.063 - Requirements for detention facilities.

Section 419A.092 - Membership; training.

Section 419A.096 - Duties of Judicial Department in administering boards.

Section 419A.098 - Rules.

Section 419A.100 - Confidentiality of information; penalty.

Section 419A.102 - Access to confidential information by boards; procedure.

Section 419A.106 - Review of cases generally.

Section 419A.107 - Review of cases of adjudicated youths.

Section 419A.108 - Procedure for conflicts of interest.

Section 419A.109 - Review of cases of wards for whom guardian has been appointed; rules.

Section 419A.110 - Immunity of participants in case review.

Section 419A.112 - Disclosure of information to participants in case review; confidentiality.

Section 419A.114 - When presence of agency personnel at board hearings required.

Section 419A.116 - Findings and recommendations; judicial review.

Section 419A.118 - Records; disclosure of findings and recommendations.

Section 419A.120 - Court use of findings and recommendations.

Section 419A.122 - Use of findings and recommendations by Department of Human Services.

Section 419A.128 - State Citizen Review Board Operating Account.

Section 419A.150 - Appointment; qualifications; hearings; orders; rehearings.

Section 419A.200 - Who may appeal; time limitations; procedure; effect of filing appeal; record on appeal; disclosure.

Section 419A.205 - Judgments described; jurisdiction of juvenile court during pendency of appeal; disposition.

Section 419A.208 - Orders subject to appeal by state; effect of appeal of preadjudicatory order.

Section 419A.209 - Joint motion to vacate judgment or order; appeal after reconsideration.

Section 419A.211 - Appointment of counsel.

Section 419A.240 - Use of restraints during juvenile court proceedings.

Section 419A.245 - Use of restraints during transport.

Section 419A.250 - Authority; segregation of records; access; when records may be kept with those of adults; destruction of records; missing children.

Section 419A.252 - Definitions for ORS 419A.252, 419A.253, 419A.255 and 419A.256.

Section 419A.253 - When information in report, material or document considered by court must be identified in record.

Section 419A.255 - Maintenance; disclosure; exceptions to confidentiality.

Section 419A.256 - When transcript of proceeding is part of record of case; access to transcript; disclosure.

Section 419A.257 - Reports and materials privileged; permissible disclosures; use of materials in evidence.

Section 419A.258 - Motion to inspect or copy records.

Section 419A.260 - Expunction; definitions.

Section 419A.262 - Expunction proceeding; notice to victim.

Section 419A.265 - Eligibility for order of expunction for certain adjudications involving marijuana.

Section 419A.267 - Notice of expunction; forms.

Section 419A.269 - Effect of expunction; confidentiality violations; penalties.

Section 419A.271 - Appointment of counsel.

Section 419A.300 - Reports to school districts concerning young persons on conditional release.

Section 419A.305 - Notice to school administrators concerning students subject to juvenile court petitions.