2021 Oregon Revised Statutes
Chapter 419B - Juvenile Code: Dependency
Section 419B.449 - Review hearing by court; findings.

(a) In all cases under ORS 419B.440 (1)(b)(B) when the parents’ rights have been terminated;
(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)(a) 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;
(d) Within 30 days after receipt of a report made under ORS 419B.440 (1)(b)(C); or
(e) Within 10 days after receipt of a report made under ORS 419B.440 (1)(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, the findings of the court shall specifically state:
(a)(A) Why continued care is necessary as opposed to returning the child or ward home or taking prompt action to secure another permanent placement; and
(B) The expected timetable for return or other permanent placement.
(b) Whether the agency having guardianship or legal custody of the child or ward has made diligent efforts to place the child or ward pursuant to ORS 419B.192.
(c) The number of placements made, schools attended, face-to-face contacts with the assigned case worker and visits had with parents or siblings since the child or ward has been in the guardianship or legal custody of the agency and whether the frequency of each of these is in the best interests of the child or ward.
(d) For a child or ward 14 years of age or older, whether the child or ward is progressing adequately toward graduation from high school and, if not, the efforts that have been made by the agency having custody or guardianship to assist the child or ward to graduate.
(e) 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.
(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.
(5) If the child or ward is an Indian child and the child or 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 child’s or ward’s legal guardian prior to placement of the child or ward in the legal custody of the department, the court may order that the child or ward be placed in the physical custody of a substitute care provider only after making all of the inquiry, notice and findings required under ORS 419B.305 and 419B.310.
(6) 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 of appropriate permanent placement options for the child or ward both inside and outside this state and, if adoption is the concurrent case plan, identification and selection of a suitable adoptive placement for the child or ward.
(7)(a) If the child or ward is an Indian child, the findings of the court shall specifically state whether the department has provided active efforts to reunify the Indian child with the Indian child’s parent or Indian custodian.
(b) If the court finds that active efforts have not been provided, the court shall order that the Indian child be immediately returned to the Indian child’s parent.
(c) Notwithstanding paragraph (b) of this subsection, if the court finds that returning the Indian child to the Indian child’s parent will result in substantial and immediate danger or threat of danger to the Indian child, the court shall:
(A) Determine the period of time during which active efforts were not provided;
(B) Order the department to provide those services necessary for the provision of active efforts;
(C) Order the department to continue placement of the Indian child pursuant to the placement preferences under ORS 419B.654; and
(D) Order the department to continue to foster relationships with any individuals identified by the department as long-term placement resources meeting the placement preferences under ORS 419B.654.
(8) In addition to findings of fact required by subsection (2) of this section, the court may order the department to consider additional information in developing the case plan or concurrent case plan.
(9) Any final decision of the court made pursuant to the hearing provided in subsection (1) of this section is appealable under ORS 419A.200. [1993 c.33 §132; 1999 c.568 §1; 2001 c.480 §8; 2001 c.910 §4; 2003 c.396 §77; 2007 c.610 §4; 2007 c.611 §7; 2007 c.806 §9; 2015 c.254 §4; 2015 c.795 §10; 2020 s.s.1 c.14 §46; 2021 c.398 §73]

Structure 2021 Oregon Revised Statutes