(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
(C) Freedom from substantial neglect of basic needs.
(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.
(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 safeguard and promote each child’s right to safety, stability and well-being and to safeguard and promote each child’s relationships with parents, siblings, grandparents, other relatives and adults with whom a child develops healthy emotional attachments.
(4) 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, the right to:
(a) Guide the secular and religious education of their children;
(b) Make health care decisions for their children; and
(c) Discipline their children.
(5) 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 it possible for the child to safely return home within a reasonable time. The state shall provide to parents and guardians with disabilities opportunities to benefit from or participate in reunification services that are equal to those extended to individuals without disabilities. The state shall provide aids, benefits and services different from those provided to parents and guardians without disabilities, when necessary to ensure that parents and guardians with disabilities are provided with an equal opportunity under this subsection. 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.
(6) It is the policy of the State of Oregon, in a case involving an Indian child, to safeguard and promote the Indian child’s connections with the Indian child’s family, culture and tribe in accordance with the policies regarding Indian children in child custody proceedings under ORS 419B.600. [1997 c.873 §2a; 1999 c.859 §22; 2001 c.686 §21; 2007 c.71 §112; 2007 c.806 §3; 2015 c.795 §1; 2019 c.514 §1; 2020 s.s.1 c.14 §25; 2021 c.398 §67]
Structure 2021 Oregon Revised Statutes
Volume : 11 - Juvenile Code, Human Services
Chapter 419B - Juvenile Code: Dependency
Section 419B.005 - Definitions.
Section 419B.010 - Duty of officials to report child abuse; exceptions; penalty.
Section 419B.015 - Report form and content; notice.
Section 419B.016 - Offense of false report of child abuse.
Section 419B.019 - Investigation of report involving school; notification; rules.
Section 419B.023 - Duties of person conducting investigation under ORS 419B.020.
Section 419B.026 - Required findings for investigation conducted under ORS 419B.020.
Section 419B.028 - Photographing child during investigation; photographs as records.
Section 419B.030 - Central registry of reports.
Section 419B.035 - Confidentiality of records; when available to others; rules.
Section 419B.090 - Juvenile court; jurisdiction; policy.
Section 419B.100 - Jurisdiction; bases; Indian children.
Section 419B.116 - Intervention; caregiver relationship; rights of limited participation.
Section 419B.117 - Notice to parents or guardian of child; when given; contents.
Section 419B.121 - Return of runaway children to another state.
Section 419B.127 - Transfer to court of county of child or ward’s residence.
Section 419B.130 - Delegation of jurisdiction by county of residence.
Section 419B.132 - Delegation of jurisdiction among county juvenile courts.
Section 419B.150 - When protective custody authorized; protective custody order.
Section 419B.152 - Protective custody of runaway child.
Section 419B.155 - Protective custody not arrest.
Section 419B.165 - Release of child taken into custody; rules.
Section 419B.168 - Procedure when child is not released.
Section 419B.171 - Report required when child is taken into protective custody.
Section 419B.175 - Initial disposition of child taken into protective custody.
Section 419B.185 - Evidentiary hearing.
Section 419B.205 - Appointment of counsel for parent or legal guardian.
Section 419B.211 - Motion to withdraw as counsel.
Section 419B.220 - Appointment of surrogate.
Section 419B.223 - Duties and tenure of surrogate.
Section 419B.231 - Appointment; hearing; findings.
Section 419B.234 - Qualifications; duties; privilege.
Section 419B.237 - Duration of appointment; compensation.
Section 419B.305 - When hearing must be held; continuation; priority.
Section 419B.310 - Conduct of hearings.
Section 419B.325 - Disposition required; evidence.
Section 419B.328 - Ward of the court; duration of wardship.
Section 419B.335 - Department of Human Services reports regarding out-of-state placements.
Section 419B.337 - Commitment to custody of Department of Human Services.
Section 419B.340 - Reasonable or active efforts determination.
Section 419B.343 - Recommendations of committing court; case planning; plan contents.
Section 419B.349 - Court authority to review placement or proposed placement.
Section 419B.351 - Court approval of placement in qualified residential treatment program.
Section 419B.365 - Permanent guardianship; petition; when filed; procedure.
Section 419B.366 - Guardianship; motion; procedure.
Section 419B.368 - Review, modification or vacation of guardianship order.
Section 419B.369 - Guardianship study; rules.
Section 419B.371 - Community guardianship.
Section 419B.372 - Guardianship as incident of custody.
Section 419B.373 - Duties and authority of legal custodian.
Section 419B.376 - Duties and authority of guardian.
Section 419B.395 - Judgment of parentage or nonparentage.
Section 419B.400 - Authority to order support; collection.
Section 419B.408 - Enforcement of support order.
Section 419B.440 - Circumstances requiring reports; exceptions.
Section 419B.443 - Time and content of reports.
Section 419B.446 - Filing report.
Section 419B.449 - Review hearing by court; findings.
Section 419B.470 - Permanency hearing; schedule.
Section 419B.473 - Notice; appearance.
Section 419B.476 - Conduct of hearing; court determinations; orders.
Section 419B.500 - Termination of parental rights generally.
Section 419B.502 - Termination upon finding of extreme conduct.
Section 419B.504 - Termination upon finding of unfitness.
Section 419B.506 - Termination upon finding of neglect.
Section 419B.510 - Termination upon finding child conceived as result of rape.
Section 419B.517 - Mediation to be encouraged.
Section 419B.518 - Appointment of counsel for parents.
Section 419B.521 - Conduct of termination hearing.
Section 419B.524 - Effect of termination order.
Section 419B.527 - Disposition of ward after termination.
Section 419B.530 - Representation by Attorney General.
Section 419B.532 - Reinstatement of parental rights; rules.
Section 419B.550 - Definitions for ORS 419B.550 to 419B.558.
Section 419B.552 - Application for emancipation judgment; effect of judgment.
Section 419B.558 - Entry of judgment of emancipation.
Section 419B.600 - Policy on Indian child welfare.
Section 419B.603 - Definitions.
Section 419B.606 - Custody; presumption of continued custody.
Section 419B.609 - Acknowledgment or establishment of parentage.
Section 419B.612 - Best interests of Indian child.
Section 419B.615 - Assistance enrolling child in tribe; notice to parents.
Section 419B.618 - Determination of Indian child’s tribe.
Section 419B.621 - Judicial determination of Indian child’s residence, domicile and status as ward.
Section 419B.624 - Tribal-state agreements.
Section 419B.627 - Jurisdiction; limitations; tribal court assumption of jurisdiction.
Section 419B.630 - Motion to transfer to tribal court; objection; good cause to deny transfer.
Section 419B.633 - Transfer to tribal court.
Section 419B.642 - Qualified expert witness.
Section 419B.645 - Active efforts.
Section 419B.646 - Right to appear; withdrawal by party.
Section 419B.647 - Right to counsel.
Section 419B.648 - Right to examine reports or documents.
Section 419B.656 - Tribal customary adoption; rules; forms.
Section 419B.657 - Reports to Legislative Assembly.
Section 419B.660 - Conflict of laws.
Section 419B.663 - Full faith and credit.
Section 419B.800 - Applicability of ORS 419B.800 to 419B.929.
Section 419B.803 - Jurisdiction.
Section 419B.806 - Consolidation; when required; procedures.
Section 419B.809 - Petition; contents; form; dismissal.
Section 419B.812 - Issuance of summons; time for hearing on petition.
Section 419B.816 - Notice to person contesting petition to establish jurisdiction.
Section 419B.818 - Form of summons under ORS 419B.815.
Section 419B.822 - Form of summons under ORS 419B.819.
Section 419B.823 - Service of summons generally.
Section 419B.824 - Methods of serving summons.
Section 419B.833 - Proof of service of summons or mailing.
Section 419B.839 - Required and discretionary summons.
Section 419B.842 - When arrest warrant authorized.
Section 419B.845 - Restraining order when child abuse alleged.
Section 419B.846 - Service of restraining order.
Section 419B.848 - Process generally.
Section 419B.851 - Service of process; filing; proof of service.
Section 419B.854 - Computing statutory time periods.
Section 419B.857 - Pleadings; construction.
Section 419B.863 - Pleadings; captions.
Section 419B.866 - Signing pleadings required; effect of signing or not signing.
Section 419B.869 - Responding to pleadings; time limit.
Section 419B.872 - Amendment of pleadings.
Section 419B.878 - Judicial inquiry and finding regarding whether child is Indian child.
Section 419B.881 - Disclosure; scope; when required; exceptions; breach of duty to disclose.
Section 419B.884 - Depositions; procedure.
Section 419B.890 - Dismissal of petition at end of petitioner’s case; settlement conference.
Section 419B.893 - Subpoenas generally.
Section 419B.896 - Subpoena for production of books, papers, documents and other tangible things.
Section 419B.899 - Issuance of subpoena.
Section 419B.902 - Service of subpoena.
Section 419B.905 - Subpoena of incarcerated witness.
Section 419B.918 - Manner of appearance.
Section 419B.923 - Modifying or setting aside order or judgment.
Section 419B.926 - Stay of order or judgment pending appeal.
Section 419B.953 - Training and continuing education for caseworkers.