2021 Oregon Revised Statutes
Chapter 419B - Juvenile Code: Dependency
Section 419B.476 - Conduct of hearing; court determinations; orders.


(2) At a permanency hearing the court shall:
(a) If the case plan at the time of the hearing is to reunify the family, determine whether the Department of Human Services has made reasonable efforts or, if the ward is an Indian child, active efforts as described in ORS 419B.645 to make it possible for the ward to safely return home and whether the parent has made sufficient progress to make it possible for the ward to safely return home. In making its determination, the court shall consider the ward’s health and safety the paramount concerns.
(b) If the case plan at the time of the hearing is something other than to reunify the family, determine whether the department has made reasonable efforts to place the ward in a timely manner in accordance with the plan, including, if appropriate, reasonable efforts to place the ward through an interstate placement, and to complete the steps necessary to finalize the permanent placement.
(c) If the case plan at the time of the hearing is something other than to reunify the family, determine whether the department has considered permanent placement options for the ward, including, if appropriate, whether the department has considered both permanent in-state placement options and permanent interstate placement options for the ward.
(d) Make the findings of fact under ORS 419B.449 (3).
(e) If the child is an Indian child and the case plan at the time of the hearing is something other than to reunify the family, make a finding whether, after the department’s consultation with the child’s tribe, and, if the tribe appears at the hearing, the court’s direct consultation with the tribe, tribal customary adoption, as described in ORS 419B.656, is an appropriate permanent placement for the child if reunification is unsuccessful.
(3) When the ward is 14 years of age or older, in addition to making the determination required by subsection (2) of this section, at a permanency hearing the court shall review the comprehensive plan for the ward’s transition to successful adulthood and determine and make findings as to:
(a) Whether the plan is adequate to ensure the ward’s transition to successful adulthood;
(b) Whether the department has offered appropriate services pursuant to the plan; and
(c) Whether the department has involved the ward in the development of the plan.
(4) At a permanency hearing the court may:
(a) If the case plan changed during the period since the last review by a local citizen review board or court hearing and a plan to reunify the family was in effect for any part of that period, determine whether the department has made reasonable efforts or, if the ward is an Indian child, active efforts as described in ORS 419B.645 to make it possible for the ward to safely return home. In making its determination, the court shall consider the ward’s health and safety the paramount concerns;
(b) If the case plan changed during the period since the last review by a local citizen review board or court hearing and a plan other than to reunify the family was in effect for any part of that period, determine whether the department has made reasonable efforts to place the ward in a timely manner in accordance with the plan, including, if appropriate, placement of the ward through an interstate placement, and to complete the steps necessary to finalize the permanent placement;
(c) If the court determines that further efforts will make it possible for the ward to safely return home within a reasonable time, order that the parents participate in specific services for a specific period of time and make specific progress within that period of time;
(d) Determine the adequacy and compliance with the case plan and the case progress report;
(e) Review the efforts made by the department to develop the concurrent permanent plan, including but not limited to identification of appropriate permanent in-state placement options and appropriate permanent interstate placement options and, if adoption is the concurrent case plan, identification and selection of a suitable adoptive placement for the ward;
(f) Order the department to develop or expand the case plan or concurrent permanent plan and provide a case progress report to the court and other parties within 10 days after the permanency hearing;
(g) Order the department or agency to modify the care, placement and supervision of the ward;
(h) Order the local citizen review board to review the status of the ward prior to the next court hearing; or
(i) Set another court hearing at a later date.
(5) The court shall enter an order within 20 days after the permanency hearing. In addition to any determinations or orders the court may make under subsection (4) of this section, the order shall include the following:
(a) The court’s determinations required under subsections (2) and (3) of this section, including a brief description of the efforts the department has made with regard to the case plan in effect at the time of the permanency hearing.
(b) The court’s determination of the permanency plan for the ward that includes whether and, if applicable, when:
(A) The ward will be returned to the parent;
(B) The ward will be placed for adoption, and a petition for termination of parental rights will be filed;
(C) The ward will be referred for establishment of legal guardianship;
(D) The ward will be placed with a fit and willing relative; or
(E) If the ward is 16 years of age or older, the ward will be placed in another planned permanent living arrangement.
(c) If the court determines that the permanency plan for the ward should be to return home because further efforts will make it possible for the ward to safely return home within a reasonable time, the court’s determination of the services in which the parents are required to participate, the progress the parents are required to make and the period of time within which the specified progress must be made.
(d) If the court determines that the permanency plan for the ward should be adoption, the court’s determination of whether one of the circumstances in ORS 419B.498 (2) is applicable.
(e) If the court determines that the permanency plan for the ward should be establishment of a legal guardianship, the court’s determination of why neither placement with parents nor adoption is appropriate.
(f) If the court determines that the permanency plan for a ward should be placement with a fit and willing relative, the court’s determination of why placement with the ward’s parents, or for adoption, or placement with a legal guardian, is not appropriate.
(g) If the court determines that the permanency plan for the ward should be tribal customary adoption, the court’s determination of whether one of the circumstances in ORS 419B.498 (2) is applicable.
(h) If the court determines that the permanency plan for a ward 16 years of age or older should be another planned permanent living arrangement, the court’s determinations:
(A) Why another planned permanent living arrangement is in the ward’s best interests and a compelling reason, that must be documented by the department, why it would not be in the best interests of the ward to be returned home, placed for adoption, placed with a legal guardian or placed with a fit and willing relative; and
(B) That the department has taken steps to ensure that:
(i) The ward’s substitute care provider is following the reasonable and prudent parent standard; and
(ii) 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.
(i) If the current placement is not expected to be permanent, the court’s projected timetable for return home or for placement in another planned permanent living arrangement. If the timetable set forth by the court is not met, the department shall promptly notify the court and parties.
(j) If the ward is an Indian child, the tribal affiliation of the ward.
(k) If the ward is an Indian child and if the court determines that the permanency plan for the ward should be something other than to reunify the family, the court’s determination, by clear and convincing evidence, that:
(A) Active efforts as described in ORS 419B.645 were provided to make it possible for the Indian child to safely return home;
(B) Despite the efforts provided, continued removal of the Indian child is necessary to prevent serious emotional or physical damage to the Indian child;
(C) The parent has not made sufficient progress to make it possible for the Indian child to safely return home; and
(D) The new permanency plan complies with the placement preferences described in ORS 419B.654.
(L) If the ward has been placed in an interstate placement, the court’s determination of whether the interstate placement continues to be appropriate and in the best interests of the ward.
(6) In making the determinations under subsection (5)(h) of this section, the court shall ask the ward about the ward’s desired permanency outcome.
(7) If the child is an Indian child:
(a) The court shall follow the placement preferences described in ORS 419B.654.
(b) If the court finds that the department did not provide active efforts to make it possible for the Indian child to safely return home, the court may not, at that permanency hearing, change the permanency plan to something other than to reunify the family.
(c) If the court finds that the department did not provide active efforts to make it possible for the Indian child to return home, except as otherwise required under ORS 419B.470, the court may not set a date for a subsequent permanency hearing until the department has provided active efforts for the number of days that active efforts were not previously provided.
(d)(A) If the court determines that tribal customary adoption, as described in ORS 419B.656, is an appropriate permanent placement for the child, and the Indian child’s tribe consents, the court shall request that the tribe file with the court a tribal customary adoption order or judgment evidencing that the tribal customary adoption has been completed. The tribe must file the tribal customary adoption order or judgment no less than 20 days prior to the date set by the court for hearing.
(B) Upon the tribe’s request, the court may grant an extension of time to file the tribal customary adoption order or judgment, not to exceed 60 days.
(C) If the tribe does not file the tribal customary adoption order or judgment within the designated time period, the court shall order a new permanency hearing to determine the best permanency plan for the child.
(8) Any final decision of the court made pursuant to the permanency hearing is appealable under ORS 419A.200. On appeal of a final decision of the court under this subsection, the court’s finding, if any, under ORS 419B.340 (5) that the department is not required to make reasonable efforts to make it possible for the ward to safely return home is an interlocutory order to which a party may assign error. [1993 c.33 §137; 1993 c.546 §128; 1999 c.568 §2; 1999 c.859 §15; 2001 c.480 §9; 2001 c.622 §50; 2001 c.686 §16; 2001 c.910 §5; 2003 c.396 §81; 2003 c.544 §1a; 2007 c.611 §8; 2007 c.806 §11; 2015 c.254 §5; 2020 s.s.1 c.14 §38; 2021 c.398 §65b]

Structure 2021 Oregon Revised Statutes

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.017 - Time limits for notification between law enforcement agencies and Department of Human Services; rules.

Section 419B.019 - Investigation of report involving school; notification; rules.

Section 419B.020 - Duty of department or law enforcement agency receiving report; investigation; notice; physical examination; child’s consent; notice at conclusion of investigation.

Section 419B.021 - Degree requirements for persons conducting investigation or making determination regarding child.

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.040 - Certain privileges not grounds for excluding evidence in court proceedings on child abuse.

Section 419B.045 - Investigation conducted on school premises; notification; role of school personnel.

Section 419B.050 - Authority of health care provider to disclose information; immunity from liability.

Section 419B.055 - Action by Attorney General for protective order on behalf of department employee; written request; eligible employees.

Section 419B.090 - Juvenile court; jurisdiction; policy.

Section 419B.100 - Jurisdiction; bases; Indian children.

Section 419B.112 - Court appointed special advocate; duties; immunity; access to information; funding; rules.

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.118 - Venue.

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.160 - Prohibition on detention; exceptions; place of holding; record; parental notice required.

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.192 - Placement of child or ward; preference given to relatives and caregivers; written findings of court required.

Section 419B.194 - Participation in extracurricular activities; reasonable and prudent parent standard; fees; rules.

Section 419B.195 - Appointment of counsel for child or ward; access of appointed counsel to records of child or ward.

Section 419B.198 - Responsibility for payment of costs related to provision of appointed counsel for child or ward.

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.367 - Letters of guardianship; reports by guardian; review of reports; legal status and liability of guardian.

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.498 - Termination of parental rights; petition by Department of Human Services; when required.

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.529 - Adoption after permanent commitment or surrender; procedure; certain fees prohibited.

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.555 - Hearing; notice to parent; duty to advise minor of liabilities of emancipated person; filing fee.

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.622 - Domicile.

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.636 - Inquiry to determine whether child is Indian child; when there is reason to know child is Indian child; notice.

Section 419B.639 - Notice to tribe in emergency proceeding; notice in other proceedings; form and timing of notice; exception.

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.651 - Vacating order or judgment regarding jurisdiction, placement, guardianship or termination of parental rights; effect of vacated order or judgment.

Section 419B.652 - Determination regarding improper removal or retainment; effect of determination; exception.

Section 419B.654 - Placement preferences; motion for placement contrary to preferences for good cause.

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.665 - Rules.

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.815 - Summons for proceeding to establish jurisdiction under ORS 419B.100; contents; failure to appear.

Section 419B.816 - Notice to person contesting petition to establish jurisdiction.

Section 419B.818 - Form of summons under ORS 419B.815.

Section 419B.819 - Summons for proceeding to establish permanent guardianship or terminate parental rights; contents; failure to appear.

Section 419B.820 - Notice to parent contesting petition to establish permanent guardianship or terminate parental rights.

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.860 - Motions.

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.875 - Parties to proceedings; rights of limited participation; status of grandparents; interpreters.

Section 419B.876 - Visitation or other contact between grandparent and ward; findings; order; appeal.

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.887 - Objections at depositions; effect of failure to make timely objection; errors and irregularities in transcript preparation.

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.914 - Proceeding when person entitled to service is not summoned and is not before court.

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.950 - Educational program regarding federal and state adoption and child welfare laws; establishment; purpose.

Section 419B.953 - Training and continuing education for caseworkers.