Bill Text: OR HB2835 | 2013 | Regular Session | Introduced
Bill Title: Relating to juvenile dependency proceedings.
Spectrum: Committee Bill
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2835 Detail]
Download: Oregon-2013-HB2835-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2730
House Bill 2835
Sponsored by COMMITTEE ON JUDICIARY
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Replaces requirement that Department of Human Services use
reasonable efforts with requirement that department use active
efforts to prevent or eliminate need for removal of children and
wards from homes or to make it possible for children and wards to
safely return home regardless of whether children and wards are
Indian children subject to Indian Child Welfare Act.
A BILL FOR AN ACT
Relating to juvenile dependency proceedings; creating new
provisions; and amending ORS 418.595, 419A.116, 419B.150,
419B.185, 419B.337, 419B.340, 419B.470, 419B.476, 419B.498 and
419C.173.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 418.595 is amended to read:
418.595. (1) In considering what constitutes { - reasonable
or - } active efforts or whether { - reasonable or - } active
efforts have been made under ORS 419B.185, 419B.337, 419B.340,
419B.470, 419B.476, 419B.498 and 419C.173, the Department of
Human Services and the juvenile court shall consider whether
placement of a child and referral of a child and the child's
family to a Strengthening, Preserving and Reunifying Families
program is or was in the child's best interests and the action
most likely to prevent or eliminate the need for removal of the
child from the child's home or the action most likely to make it
possible for the child to safely return home.
(2) If the department or juvenile court determines that
placement of the child and referral of the child and the child's
family to a program would not prevent or eliminate the need for
removal of the child from the child's home or be the action most
likely to make it possible for the child to safely return home,
the department shall, in any description or documentation of its
{ - reasonable or - } active efforts, include a written
explanation of the reasons why the department did not believe the
placement of the child and referral of the child and the child's
family to the program was in the child's best interests and the
course most likely to prevent placement or effect the return of
the child to the child's family.
SECTION 2. ORS 419A.116 is amended to read:
419A.116. (1) After reviewing each case, the local citizen
review board shall make written findings and recommendations with
respect to:
(a) Whether { - reasonable - } { + active + } 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 - } { + active + } efforts { - or, if the
Indian Child Welfare Act applies, 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;
(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; and
(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.
(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 - } { + active + } efforts { - or, if the
Indian Child Welfare Act applies, 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 - } { + active + } efforts { - or, if
the Indian Child Welfare Act applies, 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.
SECTION 3. ORS 419B.150 is amended to read:
419B.150. (1) A child may be taken into protective custody by a
peace officer, counselor, employee of the Department of Human
Services or any other person authorized by the juvenile court of
the county in which the child is found, in the following
circumstances:
(a) When the child's condition or surroundings reasonably
appear to be such as to jeopardize the child's welfare;
(b) When the juvenile court, by order indorsed on the summons
as provided in ORS 419B.839 or otherwise, has ordered that the
child be taken into protective custody; or
(c) When it reasonably appears that the child has run away from
home.
(2)(a) Before issuing an order under subsection (1)(b) of this
section, the court shall review an affidavit sworn on information
and belief provided by a peace officer, counselor or employee of
the department or other person authorized by the juvenile court
that sets forth with particularity the facts and circumstances on
which the request for protective custody is based, why protective
custody is in the best interests of the child and the
{ - reasonable - } { + active + } efforts { - or, if the
Indian Child Welfare Act applies, active efforts - } made by the
department to eliminate the need for protective custody of the
child.
(b) Except as provided in paragraph (c) of this subsection, an
order directing that a child be taken into protective custody
under subsection (1) of this section shall contain written
findings, including a brief description of the
{ - reasonable - } { + active + } efforts { - or, if the
Indian Child Welfare Act applies, active efforts - } to
eliminate the need for protective custody of the child that the
department has made and why protective custody is in the best
interests of the child.
(c) The court may issue an order even though no services have
been provided if the court makes written findings that no
existing services could eliminate the need for protective custody
of the child and that protective custody is in the best interests
of the child.
(3) When a child is taken into protective custody as a runaway
under subsection (1) of this section, the peace officer or other
person who takes the child into custody:
(a)(A) Shall release the child without unnecessary delay to the
custody of the child's parent or guardian or to a shelter
facility that has agreed to provide care and services to children
who have run away from home and that has been designated by the
juvenile court to provide such care and services; or
(B) Shall follow the procedures described in ORS 419B.160,
419B.165, 419B.168 and 419B.171;
(b) Shall, if possible, determine the preferences of the child
and the child's parent or guardian as to whether the best
interests of the child are better served by placement in a
shelter facility that has agreed to provide care and services to
children who have run away from home and that has been designated
by the juvenile court to provide such care and services or by
release to the child's parent or guardian; and
(c) Notwithstanding ORS 419B.165 and subsection (1) of this
section, shall release the child to a shelter facility that has
agreed to provide care and services to children who have run away
from home and that has been designated by the juvenile court to
provide such care and services if it reasonably appears that the
child would not willingly remain at home if released to the
child's parent or guardian.
SECTION 4. ORS 419B.185 is amended to read:
419B.185. (1) When a child or ward is taken, or is about to be
taken, into protective custody pursuant to ORS 419B.150,
419B.160, 419B.165, 419B.168 and 419B.171 and placed in detention
or shelter care, a parent, child or ward shall be given the
opportunity to present evidence to the court at the hearings
specified in ORS 419B.183, and at any subsequent review hearing,
that the child or ward can be returned home without further
danger of suffering physical injury or emotional harm,
endangering or harming others, or not remaining within the reach
of the court process prior to adjudication. At the hearing:
(a) The court shall make written findings as to whether the
Department of Human Services has made { - reasonable - } { +
active + } efforts
{ - or, if the Indian Child Welfare Act applies, active
efforts - } to prevent or eliminate the need for removal of the
child or ward from the home and to make it possible for the child
or ward to safely return home. When the court finds that no
services were provided but that reasonable services would not
have eliminated the need for protective custody, the court shall
consider the department to have made { - reasonable - } { +
active + } efforts { - or, if the Indian Child Welfare Act
applies, active efforts - } to prevent or eliminate the need for
protective custody. The court shall include in the written
findings a brief description of the preventive and reunification
efforts made by the department.
(b) In determining whether a child or ward shall be removed or
continued out of home, the court shall consider whether the
provision of reasonable services can prevent or eliminate the
need to separate the family.
(c) In determining whether the department has made
{ - reasonable - } { + active + } efforts { - or, if the
Indian Child Welfare Act applies, active efforts - } to prevent
or eliminate the need for removal of the child or ward from the
home and to make it possible for the child or ward to safely
return home, the court shall consider the child or ward's health
and safety the paramount concerns.
(d) The court shall make a written finding in every order of
removal that describes why it is in the best interests of the
child or ward that the child or ward be removed from the home or
continued in care.
(e) When the court determines that a child or ward shall be
removed from the home or continued in care, the court shall make
written findings whether the department made diligent efforts
pursuant to ORS 419B.192. The court shall include in its written
findings a brief description of the efforts made by the
department.
(f) The court shall determine whether the child or ward is an
Indian child as defined in ORS 419A.004 or in the applicable
State-Tribal Indian Child Welfare Agreement.
(g) The court may receive testimony, reports and other evidence
without regard to whether the evidence is admissible under ORS
40.010 to 40.210 and 40.310 to 40.585 if the evidence is relevant
to the determinations and findings required under this section.
As used in this paragraph, 'relevant evidence' has the meaning
given that term in ORS 40.150.
(2) To aid the court in making the written findings required by
subsection (1)(a), (d) and (e) of this section, the department
shall present written documentation to the court outlining:
(a) The efforts made to prevent taking the child or ward into
protective custody and to provide services to make it possible
for the child or ward to safely return home;
(b) The efforts the department made pursuant to ORS 419B.192;
and
(c) Why protective custody is in the best interests of the
child or ward.
SECTION 5. ORS 419B.337 is amended to read:
419B.337. (1) When the court determines it would be in the best
interest and for the welfare of a ward, the court may place the
ward in the legal custody of the Department of Human Services for
care, placement and supervision. When the court enters an order
removing a ward from the ward's home or an order continuing care,
the court shall make a written finding as to whether:
(a) Removal of the ward from the ward's home or continuation of
care is in the best interest and for the welfare of the ward;
(b) { - Reasonable - } { + Active + } efforts, considering
the circumstances of the ward and parent, have been made to
prevent or eliminate the need for removal of the ward from the
home or to make it possible for the ward to safely return home.
In making this finding, the court shall consider the ward's
health and safety the paramount concerns; and
(c) Diligent efforts have been made to place the ward pursuant
to ORS 419B.192.
(2) The court may specify the particular type of care,
supervision or services to be provided by the Department of Human
Services to wards placed in the department's custody and to the
parents or guardians of the wards, but the actual planning and
provision of such care, supervision or services is the
responsibility of the department. The department may place the
ward in a child care center authorized to accept the ward.
(3) The court may make an order regarding visitation by the
ward's parents or siblings. The Department of Human Services is
responsible for developing and implementing a visitation plan
consistent with the court's order.
(4) Uniform commitment blanks, in a form approved by the
Director of Human Services, shall be used by all courts for
placing wards in the legal custody of the Department of Human
Services.
(5) If the ward has been placed in the custody of the
Department of Human Services, the court shall make no commitment
directly to any residential facility, but shall cause the ward to
be delivered into the custody of the department at the time and
place fixed by rules of the department. A ward so committed may
not be placed in a Department of Corrections institution.
(6) Commitment of a ward to the Department of Human Services
continues until dismissed by the court or until the ward becomes
21 years of age.
(7) A court may dismiss commitment of a ward to the Department
of Human Services if:
(a)(A) Dismissal is appropriate because the ward has been
safely reunited with a parent or because a safe alternative to
reunification has been implemented for the ward; and
(B) The ward is at least 14 years of age but less than 21 years
of age and the court finds that:
(i) The department has provided case planning pursuant to ORS
419B.343 that addresses the ward's needs and goals for a
successful transition to independent living, including needs and
goals relating to housing, physical and mental health, education,
employment, community connections and supportive relationships;
(ii) The department has provided appropriate services pursuant
to the case plan;
(iii) The department has involved the ward in the development
of the case plan and in the provision of appropriate services;
and
(iv) The ward has safe and stable housing and is unlikely to
become homeless as a result of dismissal of commitment of the
ward to the department; or
(b) The ward has been committed to the custody of the Oregon
Youth Authority.
SECTION 6. ORS 419B.340 is amended to read:
419B.340. (1) If the court awards custody to the Department of
Human Services, the court shall include in the disposition order
a determination whether the department has made
{ - reasonable - } { + active + } efforts { - or, if the
Indian Child Welfare Act applies, active efforts - } to prevent
or eliminate the need for removal of the ward from the home. If
the ward has been removed prior to the entry of the order, the
order shall also include a determination whether the department
has made { - reasonable or - } active efforts to make it
possible for the ward to safely return home. In making the
determination under this subsection, the court shall consider the
ward's health and safety the paramount concerns.
(2) In support of its determination whether { - reasonable
or - } active efforts have been made by the department, the court
shall enter a brief description of what preventive and
reunification efforts were made and why further efforts could or
could not have prevented or shortened the separation of the
family.
(3) When the first contact with the family has occurred during
an emergency in which the ward could not remain without jeopardy
at home even with reasonable services being provided, the
department shall be considered to have made { - reasonable
or - } active efforts to prevent or eliminate the need for
removal.
(4) When the court finds that preventive or reunification
efforts have not been { - reasonable or - } active, but
further preventive or reunification efforts could not permit the
ward to remain without jeopardy at home, the court may authorize
or continue the removal of the ward.
(5) If a court determines that one of the following
circumstances exist, the juvenile court may make a finding that
the department is not required to make { - reasonable - } { +
active + } efforts to make it possible for the ward to safely
return home:
(a) Aggravated circumstances including, but not limited to, the
following:
(A) The parent by abuse or neglect has caused the death of any
child;
(B) The parent has attempted, solicited or conspired, as
described in ORS 161.405, 161.435 or 161.450 or under comparable
laws of any jurisdiction, to cause the death of any child;
(C) The parent by abuse or neglect has caused serious physical
injury to any child;
(D) The parent has subjected any child to rape, sodomy or
sexual abuse;
(E) The parent has subjected any child to intentional
starvation or torture;
(F) The parent has abandoned the ward as described in ORS
419B.100 (1)(e); or
(G) The parent has unlawfully caused the death of the other
parent of the ward;
(b) The parent has been convicted in any jurisdiction of one of
the following crimes:
(A) Murder of another child of the parent, which murder would
have been an offense under 18 U.S.C. 1111(a);
(B) Manslaughter in any degree of another child of the parent,
which manslaughter would have been an offense under 18 U.S.C.
1112(a);
(C) Aiding, abetting, attempting, conspiring or soliciting to
commit an offense described in subparagraph (A) or (B) of this
paragraph; or
(D) Felony assault that results in serious physical injury to
the ward or another child of the parent; or
(c) The parent's rights to another child have been terminated
involuntarily.
(6) If, pursuant to a determination under subsection (5) of
this section, the juvenile court makes a finding that the
department is not required to make { - reasonable - } { +
active + } efforts to prevent or eliminate the need for removal
of the ward from the home or to make it possible for the ward to
safely return home, and the department determines that it will
not make such efforts, the court shall conduct a permanency
hearing as provided in ORS 419B.470 no later than 30 days after
the judicial finding under subsection (5) of this section.
(7) When an Indian child is involved, the department must
satisfy the court that active efforts have been made to provide
remedial services and rehabilitative programs designed to prevent
the breakup of the Indian family and that these efforts have
proven unsuccessful. Foster care placement may not be ordered in
a proceeding in the absence of a determination, supported by
clear and convincing evidence, including the testimony of expert
witnesses, that the continued custody of the Indian child by the
parent or Indian custodian is likely to result in serious
emotional or physical injury to the Indian child.
SECTION 7. ORS 419B.470 is amended to read:
419B.470. (1) The court shall conduct a permanency hearing
within 30 days after a judicial finding is made under ORS
419B.340 (5) if, based upon that judicial finding, the Department
of Human Services determines that it will not make
{ - reasonable - } { + active + } efforts to reunify the
family.
(2) In all other cases when a child or ward is in substitute
care, the court shall conduct a permanency hearing no later than
12 months after the ward was found within the jurisdiction of the
court under ORS 419B.100 or 14 months after the child or ward was
placed in substitute care, whichever is the earlier.
(3) If a ward is removed from court sanctioned permanent foster
care, the department shall request and the court shall conduct a
permanency hearing within three months after the date of the
change in placement.
(4) If a ward has been surrendered for adoption or the parents'
rights have been terminated and the department has not physically
placed the ward for adoption or initiated adoption proceedings
within six months after the surrender or entry of an order
terminating parental rights, the court shall conduct a permanency
hearing within 30 days after receipt of the report required by
ORS 419B.440 (2)(b).
(5) Unless good cause otherwise is shown, the court shall also
conduct a permanency hearing at any time upon the request of the
department, an agency directly responsible for care or placement
of the child or ward, parents whose parental rights have not been
terminated, an attorney for the child or ward, a court appointed
special advocate, a citizen review board, a tribal court or upon
its own motion. The court shall schedule the hearing as soon as
possible after receiving a request.
(6) After the initial permanency hearing conducted under
subsection (1) or (2) of this section or any permanency hearing
conducted under subsections (3) to (5) of this section, the court
shall conduct subsequent permanency hearings not less frequently
than once every 12 months for as long as the child or ward
remains in substitute care.
(7) After the permanency hearing conducted under subsection (4)
of this section, the court shall conduct subsequent permanency
hearings at least every six months for as long as the ward is not
physically placed for adoption or adoption proceedings have not
been initiated.
(8) If a child returns to substitute care after a court's
previously established jurisdiction over the child has been
dismissed or terminated, a permanency hearing shall be conducted
no later than 12 months after the child is found within the
jurisdiction of the court on a newly filed petition or 14 months
after the child's most recent placement in substitute care,
whichever is the earlier.
SECTION 8. ORS 419B.476 is amended to read:
419B.476. (1) A permanency hearing shall be conducted in the
manner provided in ORS 418.312, 419B.310, 419B.812 to 419B.839
and 419B.908, except that the court may receive testimony and
reports as provided in ORS 419B.325.
(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 - } { + active + } efforts { - or,
if the Indian Child Welfare Act applies, active efforts - } 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 (2).
(3)(a) In the circumstances described in paragraph (b) of this
subsection, in addition to making the determination required by
subsection (2)(a) or (b) of this section, at a permanency hearing
the court shall review the comprehensive plan for the ward's
transition to independent living and determine and make findings
as to:
(A) Whether the plan is adequate to ensure the ward's
successful transition to independent living;
(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.
(b) The requirements of paragraph (a) of this subsection apply
when:
(A) The ward is 16 years of age or older; or
(B) The ward is 14 years of age or older and there is a
comprehensive plan for the ward's transition to independent
living.
(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 - } { + active + } efforts { - or, if the
Indian Child Welfare Act applies, active efforts - } 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:
(a) The court's determination 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; or
(D) 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 or placement
with a fit and willing relative, the court's determination of why
neither placement with parents nor adoption is appropriate;
(f) If the court determines that the permanency plan for the
ward should be a planned permanent living arrangement, the
court's determination of 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;
(g) 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;
(h) If an Indian child is involved, the tribal affiliation of
the ward; and
(i) 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) If an Indian child is involved, the court shall follow the
placement preference established by the Indian Child Welfare Act.
(7) 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 - } { + active + }
efforts to make it possible for the ward to safely return home is
an interlocutory order to which a party may assign error.
SECTION 9. ORS 419B.498 is amended to read:
419B.498. (1) Except as provided in subsection (2) of this
section, the Department of Human Services shall simultaneously
file a petition to terminate the parental rights of a child or
ward's parents and identify, recruit, process and approve a
qualified family for adoption if the child or ward is in the
custody of the department and:
(a) The child or ward has been in substitute care under the
responsibility of the department for 15 months of the most recent
22 months;
(b) A parent has been convicted of murder of another child of
the parent, voluntary manslaughter of another child of the
parent, aiding, abetting, attempting, conspiring or soliciting to
commit murder or voluntary manslaughter of the child or ward or
of another child of the parent or felony assault that has
resulted in serious physical injury to the child or ward or to
another child of the parent; or
(c) A court of competent jurisdiction has determined that the
child or ward is an abandoned child.
(2) The department shall file a petition to terminate the
parental rights of a parent in the circumstances described in
subsection (1) of this section unless:
(a) The child or ward is being cared for by a relative and that
placement is intended to be permanent;
(b) There is a compelling reason, which is documented in the
case plan, for determining that filing such a petition would not
be in the best interests of the child or ward. Such compelling
reasons include, but are not limited to:
(A) The parent is successfully participating in services that
will make it possible for the child or ward to safely return home
within a reasonable time as provided in ORS 419B.476 (5)(c);
(B) Another permanent plan is better suited to meet the health
and safety needs of the child or ward, including the need to
preserve the child's or ward's sibling attachments and
relationships; or
(C) The court or local citizen review board in a prior hearing
or review determined that while the case plan was to reunify the
family { + , + } the department did not make { - reasonable - }
{ + active + } efforts { - or, if the Indian Child Welfare
Act applies, active efforts - } to make it possible for the
child or ward to safely return home; or
(c) The department has not provided to the family of the child
or ward, consistent with the time period in the case plan, such
services as the department deems necessary for the child or ward
to safely return home, if { - reasonable - } { + active + }
efforts to make it possible for the child or ward to safely
return home are required to be made with respect to the child or
ward.
(3) No petition to terminate the parental rights of a child or
ward's parents pursuant to subsection (1) of this section or
pursuant to ORS 419B.500, 419B.502, 419B.504, 419B.506 or
419B.508 may be filed until the court has determined that the
permanency plan for the child or ward should be adoption after a
permanency hearing pursuant to ORS 419B.476.
SECTION 10. ORS 419C.173 is amended to read:
419C.173. (1) When the youth is taken, or is about to be taken,
into temporary custody pursuant to ORS 419C.080 and 419C.088 and
placed in shelter care, a parent or youth shall be given the
opportunity to present evidence to the court at the hearing
specified in ORS 419C.170, and at any subsequent review hearing,
that the youth can be returned home without further danger of
suffering physical injury or emotional harm, endangering or
harming others, or not remaining within the reach of the court
process prior to adjudication.
(2) If the victim requests, the district attorney or juvenile
department shall notify the victim of a hearing under this
section.
(3) At the hearing:
(a) The court shall make a written finding as to whether
{ - reasonable - } { + active + } efforts have been made,
considering the circumstances of the youth's conduct, to prevent
or eliminate the need for removal of the youth from the home;
(b) In determining whether a youth shall be removed or
continued out of the home, the court shall consider whether the
provision of reasonable and available services can prevent or
eliminate the need to remove the youth from the home; and
(c) The court shall make a written finding in every order of
removal that it is in the best interest of the youth and the
community that the youth be removed from the home or continued in
care.
SECTION 11. { + The amendments to ORS 418.595, 419A.116,
419B.150, 419B.185, 419B.337, 419B.340, 419B.470, 419B.476,
419B.498 and 419C.173 by sections 1 to 10 of this 2013 Act apply
to active efforts made by the Department of Human Services on or
after the effective date of this 2013 Act. + }
----------
