Bill Text: OR SB404 | 2013 | Regular Session | Introduced

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Bill Title: Relating to grandparents in juvenile dependency proceedings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB404 Detail]

Download: Oregon-2013-SB404-Introduced.html

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     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 1630

                         Senate Bill 404

Sponsored by Senator SHIELDS (Presession filed.)

                             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.

  Makes grandparents parties to juvenile dependency proceedings.

                        A BILL FOR AN ACT
Relating to grandparents in juvenile dependency proceedings;
  creating new provisions; and amending ORS 419B.875.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 419B.875 is amended to read:
  419B.875. (1)(a) Parties to proceedings in the juvenile court
under ORS 419B.100 and 419B.500 are:
  (A) The child or ward;
  (B) The parents or guardian of the child or ward;
  (C) A putative father of the child or ward who has demonstrated
a direct and significant commitment to the child or ward by
assuming, or attempting to assume, responsibilities normally
associated with parenthood, including but not limited to:
  (i) Residing with the child or ward;
  (ii) Contributing to the financial support of the child or
ward; or
  (iii) Establishing psychological ties with the child or ward;
  (D) The state;
  (E) The juvenile department;
  (F) A court appointed special advocate, if appointed;
  (G) The Department of Human Services or other child-caring
agency if the agency has temporary custody of the child or ward;
  { - and - }
  (H) The tribe in cases subject to the Indian Child Welfare Act
if the tribe has intervened pursuant to the Indian Child Welfare
Act  { - . - }  { + ; and
  (I) The grandparents of the child or ward. + }
  (b) An intervenor who is granted intervention under ORS
419B.116 is a party to a proceeding under ORS 419B.100. An
intervenor under this paragraph is not a party to a proceeding
under ORS 419B.500.
  (2) The rights of the parties include, but are not limited to:
  (a) The right to notice of the proceeding and copies of the
petitions, answers, motions and other papers;
  (b) The right to appear with counsel and, except for
intervenors under subsection (1)(b) of this section, to have
counsel appointed as otherwise provided by law;
  (c) The right to call witnesses, cross-examine witnesses and
participate in hearings;
  (d) The right of appeal; and
  (e) The right to request a hearing.
  (3) A putative father who satisfies the criteria set out in
subsection (1)(a)(C) of this section shall be treated as a
parent, as that term is used in this chapter and ORS chapters
419A and 419C, until the court confirms his paternity or finds
that he is not the legal or biological father of the child or
ward.
  (4) If no appeal from the judgment or order is pending, a
putative father whom a court of competent jurisdiction has found
not to be the child or ward's legal or biological father or who
has filed a petition for filiation that was dismissed is not a
party under subsection (1) of this section.
  (5)(a) A person granted rights of limited participation under
ORS 419B.116 is not a party to a proceeding under ORS 419B.100 or
419B.500 but has only those rights specified in the order
granting rights of limited participation.
  (b) Persons moving for or granted rights of limited
participation are not entitled to appointed counsel but may
appear with retained counsel.
  (6) If a foster parent, preadoptive parent or relative is
currently providing care for a child or ward, the Department of
Human Services shall give the foster parent, preadoptive parent
or relative notice of a proceeding concerning the child or ward.
A foster parent, preadoptive parent or relative providing care
for a child or ward has the right to be heard at the proceeding.
Except when allowed to intervene, the foster parent, preadoptive
parent or relative providing care for the child or ward is not
considered a party to the juvenile court proceeding solely
because of notice and the right to be heard at the proceeding.
  (7) When a   { - legal - }  grandparent of a child or ward
requests in writing and provides a mailing address, the
Department of Human Services shall give the   { - legal - }
grandparent notice of a hearing concerning the child or ward and
the court shall give the   { - legal - } grandparent an
opportunity to be heard.   { - Except when allowed to intervene,
a legal grandparent is not considered a party to the juvenile
court proceeding solely because of notice and an opportunity to
be heard. - }
  (8) Interpreters for parties and persons granted rights of
limited participation shall be appointed in the manner specified
by ORS 45.275 and 45.285.
  SECTION 2.  { + The amendments to ORS 419B.875 by section 1 of
this 2013 Act apply to juvenile dependency proceedings commenced
on or after the effective date of this 2013 Act. + }
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