Current Through April 2016

Circumstances That Constitute Witnessing

Citation: Rev. Stat. § 163.160In criminal law: An assault is witnessed by a child:

• When it is committed in the immediate presence of, or is witnessed by, the person’s or the victim’s minor child or stepchild or a minor child residing within the household of the person or victim
• If it is seen or directly perceived in any other manner by the child

Consequences

Citation: Rev. Stat. § 163.160(3)(c)Assault in the fourth degree is a Class A misdemeanor, except when it is witnessed by the person’s or the victim’s minor child, when it is a Class C felony.

Current Through February 2016

Physical Abuse

Citation: Rev. Stat. § 419B.005‘Abuse’ means:

• An assault on a child and physical injury to a child that has been caused by other than accidental means, including injury that appears to be inconsistent with the explanation given of the injury
• Threatened harm to a child that means subjecting a child to a substantial risk of harm to the child’s health or welfare
• Buying or selling a person under age 18, as described in § 163.537
• Permitting a person under age 18 to enter or remain in or upon premises where methamphetamine is being manufactured
• Unlawful exposure to a controlled substance that subjects a child to a substantial risk of harm to his or her health or safety

Neglect

Citation: Rev. Stat. § 419B.005The term ‘abuse’ includes negligent treatment or maltreatment of a child, including, but not limited to, the failure to provide adequate food, clothing, shelter, or medical care that is likely to endanger the health or welfare of the child.

Sexual Abuse/Exploitation

Citation: Rev. Stat. § 419B.005The term ‘abuse’ includes:

• Rape of a child, which includes but is not limited to, rape, sodomy, unlawful sexual penetration, and incest
• Sexual abuse as described in chapter 163
• Sexual exploitation, including, but not limited to:
  • Contributing to the sexual delinquency of a minor
  • Conduct that allows, employs, authorizes, permits, induces, or encourages a child to engage in the performing for people to observe, or the photographing, filming, tape recording, or other exhibition that, in whole or in part, depicts sexual conduct or contact, sexual abuse involving a child, or rape of a child
  • Allowing, permitting, encouraging, or hiring a child to engage in prostitution or a commercial sex act, to purchase sex with a minor, or to patronize a prostitute

Emotional Abuse

Citation: Rev. Stat. § 419B.005The term ‘abuse’ includes any mental injury to a child that shall include only observable and substantial impairment of the child’s mental or psychological ability to function caused by cruelty to the child, with due regard to the culture of the child.

Abandonment

This issue is not addressed in the statutes reviewed.

Standards for Reporting

Citation: Rev. Stat. § 419B.010
A report is required when a public or private official has reasonable cause to believe that any child with whom the official comes in contact has suffered abuse or that any person with whom the official comes in contact has abused a child.

Persons Responsible for the Child

Citation: Rev. Stat. § 419B.005‘Responsible person’ may include any person.

Exceptions

Citation: Rev. Stat. § 419B.005Abuse does not include reasonable exercise of parental discipline.

Current Through August 2013

Defined in Domestic Violence Civil Laws

Citation: Rev. Stat. §§ 107.705; 409.290‘Abuse’ means the occurrence of one or more of the following acts between family or household members:

• Attempting to cause or intentionally, knowingly, or recklessly causing bodily injury
• Intentionally, knowingly, or recklessly placing another in fear of imminent bodily injury
• Causing another to engage in involuntary sexual relations by force or threat of force

‘Family violence’ means the physical injury, sexual abuse, or forced imprisonment, or threat thereof, of a person by another who is related by blood, marriage, or intimate cohabitation at the present, or has been related at some time in the past, to the extent that the person’s health or welfare is harmed or threatened thereby.

Defined in Child Abuse Reporting and Child Protection Laws

Citation:This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws

Citation: Rev. Stat. § 135.230‘Abuse’ means:

• Attempting to cause or intentionally, knowingly, or recklessly causing physical injury
• Intentionally, knowingly, or recklessly placing another in fear of imminent serious physical injury
• Committing sexual abuse in any degree, as defined in §§ 163.415, 163.425, and 163.427

‘Domestic violence’ means abuse between family or household members.

Persons Included in the Definition

Citation: Rev. Stat. §§ 107.705; 135.230In civil law: ‘Family or household members’ means any of the following:

• Spouses or former spouses
• Adult persons related by blood, marriage, or adoption
• Persons who are cohabiting or who have cohabited
• Persons who have been involved in a sexually intimate relationship with each other within 2 years immediately preceding the filing by one of them of a petition under § 107.710
• Unmarried parents of a child

In criminal law: ‘Family or household members’ means any of the following:

• Spouses or former spouses
• Adult persons related by blood or marriage
• Persons cohabiting with each other
• Persons who have cohabited or who have been involved in a sexually intimate relationship
• Unmarried parents of a minor child

Current Through June 2013

Confidentiality of Records

Citation: Rev. Stat. § 419B.035Reports and records compiled under [the reporting laws] are confidential and may not be disclosed except as provided in this section.

Persons or Entities Allowed Access to Records

Citation: Rev. Stat. § 419B.035The Department of Human Services shall make records available to the persons and entities listed below:

• Any law enforcement agency or a child abuse registry in any other State for the purpose of subsequent investigation of child abuse
• Any physician regarding any child brought to the physician for examination, care, or treatment
• Attorneys of record for the child or child’s parent or guardian in any juvenile court proceeding
• Citizen review boards
• A court-appointed special advocate in any juvenile court proceeding in which it is alleged that a child has been subjected to child abuse or neglect
• The Office of Children’s Advocate
• The Teacher Standards and Practices Commission for investigations involving any child or any student in grade 12 or below
• Any person, administrative hearings officer, court, agency, organization, or other entity when it is necessary to administer child welfare services; to investigate, prevent, or treat child abuse and neglect; or for research

A law enforcement agency may make reports and records it has compiled available to:

• Other law enforcement agencies
• District attorneys, city attorneys with criminal prosecutorial functions, and the attorney general when the law enforcement agency determines that disclosure is necessary for the investigation or enforcement of laws relating to child abuse and neglect
• The community corrections agency in this State
• The Department of Corrections or to the State Board of Parole and Post-Prison Supervision

When Public Disclosure of Records is Allowed

Citation: Rev. Stat. § 419B.035(1)(h)The Department of Human Services may disclose the records to any person, upon request to the department, if the reports or records requested regard an incident in which a child died or suffered serious physical injury as the result of abuse. Reports or records disclosed under this paragraph must be disclosed in accordance with §§ 192.410 to 192.505.

Use of Records for Employment Screening

Citation: Rev. Stat. § 419B.035The Child Care Division may access records for certifying, registering, or otherwise regulating child care facilities.

The Child Care Division of the Employment Department may access records for purpose of conducting background checks of contractors, employees, or volunteers of a metropolitan service district 8 who may have unsupervised contact with children and who are required to be enrolled in the Central Background Registry by the metropolitan service district, as required by § 657A.030(8)(g).

Current Through March 2015

Citation: Rev. Stat. § 419B.025

Anyone participating in good faith in making a report of child abuse and who has reasonable grounds for the making thereof shall have immunity from any civil or criminal liability that might otherwise be incurred or imposed with respect to the making or content of such report. Any such participant shall have the same immunity with respect to participating in any judicial proceeding resulting from such report.

Current Through February 2013

Individual Responsibility to Report

Citation: Rev. Stat. § 419B.015A person making a report shall make an oral report, by telephone or otherwise, to:

• The local office of the Department of Human Services or a designee of the department
• A law enforcement agency in the county where the person is located

Content of Reports

Citation: Rev. Stat. § 419B.015The report shall contain, if known:

• The names and addresses of the child and the child’s parents or other persons responsible for the child
• The child’s age
• The nature and extent of the abuse, including any evidence of previous abuse
• The explanation given for the abuse
• Any other information that the reporter believes might be helpful in establishing the cause of the abuse and the identity of the perpetrator

Reporting Suspicious Deaths

Citation:This issue is not addressed in the statutes reviewed.

Reporting Substance-Exposed Infants

Citation:This issue is not addressed in the statutes reviewed.

Agency Receiving the Reports

Citation: Rev. Stat. § 419B.015Reports shall be made to the local office of the Department of Human Services, to the designee of the department, or to a law enforcement agency within the county where the person making the report is located at the time of the contact.

Initial Screening Decisions

Citation: Admin. Rules § 413-015-0210A Child Protective Services (CPS) assessment is required if the screener determines that information received constitutes a report of child abuse or neglect, as defined by law, and the information indicates:

• The alleged perpetrator is a legal parent of the alleged child victim.
• The alleged perpetrator resides in the alleged child victim’s home.
• The alleged perpetrator may have access to the alleged child victim, and the parent or caregiver may not be able or willing to protect the child.
• The alleged child abuse occurred in a day care facility, the home of a department-certified foster parent or relative caregiver, or a private child caring agency that is not a Children’s Care Provider (CCP).

Agency Conducting the Assessment/Investigation

Citation: Rev. Stat. § 419B.020; Admin. Rules § 413-015-0400If the department or a law enforcement agency receives a report of child abuse, the department or the agency shall immediately cause an investigation to be made to determine the nature and cause of the abuse of the child.

In regulation: A CPS assessment must be completed only by a department employee whose current position is a CPS worker, a CPS supervisor, or an employee who meets the definition of CPS worker and has recent experience completing CPS assessments.

Assessment/Investigation Procedures

Citation: Admin. Rules § 413-015-0400Completing a CPS assessment involves the following:

• Making initial contact within the assigned response time lines, which includes:
  • Face-to-face contact with the alleged victim, his or her siblings, his or her parent or caregiver, and other children and adults living in the home
  • Access to the home environment
  • Determining if there is a safety threat
  • Determining if the child is unsafe
  • Establishing a protective action when the child is unsafe
• Gathering safety-related information through interviews and observation
• Determining child vulnerability and explaining the basis for that determination
• Determining if the parent or caregiver can or cannot and will or will not protect the child and explaining the basis for that determination
• Determining if there is reasonable cause to believe that child abuse or neglect occurred and explaining the basis for that determination
• Completing a safety analysis
• Developing an ongoing safety plan when a child is unsafe

Timeframes for Completing Investigations

Citation: Admin. Rules § 413-015-0210If an assessment is required, the screener must determine the response timeframe:

• Within 24 hours if there is an immediate threat to safety
• Within 5 days if the threat to safety is not immediate

Classification of Reports

Citation: Admin. Rules § 413-015-1000Following the completion of the CPS assessment, the worker must determine whether there is reasonable cause to believe that child abuse occurred. The possible determinations are:

• Founded: There is reasonable cause to believe that abuse occurred.
• Unfounded: No evidence of child abuse was identified or disclosed.
• Unable to determine: There was insufficient data to conclude whether there was reasonable cause to believe that abuse occurred.

Current Through August 2015

Professionals Required to Report

Citation: Rev. Stat. §§ 419B.005; 419B.010A public or private official is mandated to report. Public or private officials include:

• Physicians, physician assistants, naturopathic physicians, interns, residents, optometrists, chiropractors, dentists, nurses, nurse practitioners, pharmacists, nurse’s aides, home health aides, or employees of in-home health services
• School employees, including employees of higher education institutions (such as community colleges and public and private universities)
• Employees of the Department of Human Services, Oregon Health Authority, Early Learning Division, Youth Development Council, Office of Child Care, the Oregon Youth Authority, a local health department, a community mental health program, a community developmental disabilities program, a county juvenile department, a licensed child-caring agency, or an alcohol and drug treatment program
• Peace officers
• Members of the clergy
• Psychologists, social workers, professional counselors, marriage and family therapists
• Certified foster care or child care providers
• Attorneys or court-appointed special advocates
• Firefighters or emergency medical technicians
• Members of the Legislative Assembly
• Physical, speech, or occupational therapists
• Audiologists or speech-language pathologists
• Employees of the Teacher Standards and Practices Commission directly involved in investigations or discipline by the commission
• Operators of preschool or school-age recorded programs
• Employees or a private agency or organization facilitating the provision of respite services for parents pursuant to a properly executed power of attorney
• Employees of organizations providing child-related services or activities, including youth groups or centers, scout groups or camps, or summer or day camps
• Coaches, assistant coaches, or trainers of athletes, if compensated and if the athlete is a child
• Personal support and home care workers

Reporting by Other Persons

Citation: Rev. Stat. § 419B.015Any person may voluntarily make a report.

Institutional Responsibility to Report

Citation: Rev. Stat. § 419B.010The duty to report under this section is personal to the public or private official alone, regardless of whether the official is employed by, a volunteer of, or a representative or agent for any type of entity or organization that employs persons or uses persons as volunteers who are public or private officials in its operations.

The duty to report under this section exists regardless of whether the entity or organization that employs the public or private official or uses the official as a volunteer has its own procedures or policies for reporting abuse internally within the entity or organization.

Standards for Making a Report

Citation: Rev. Stat. § 419B.010A report is required when any public or private official has reasonable cause to believe that any child with whom the official comes in contact has suffered abuse.

The duty to report under this section is personal to the public or private official alone, regardless of whether the official is employed by, a volunteer of, or a representative or agent for any type of entity or organization that employs persons or uses persons as volunteers who are public or private officials in its operations.

The duty to report under this section exists regardless of whether the entity or organization that employs the public or private official or uses the official as a volunteer has its own procedures or policies for reporting abuse internally within the entity or organization.

Privileged Communications

Citation: Rev. Stat. § 419B.010A psychiatrist, psychologist, member of the clergy, or attorney shall not be required to report if such communication is privileged under law. An attorney is not required to make a report of information communicated to the attorney in the course of representing a client if disclosure of the information would be detrimental to the client.

Inclusion of Reporter’s Name in Report

Not addressed in statutes reviewed.

Disclosure of Reporter Identity

Citation: Rev. Stat. § 419B.015The name, address, and other identifying information about the person who made the report may not be disclosed.

Current Through April 2015

Citation: Rev. Stat. § 163.547A person having custody or control of a child under age 16 commits the crime of child neglect in the first degree if the person knowingly leaves the child or allows the child to stay:

• In a vehicle where controlled substances are being criminally delivered or manufactured
• In or upon premises and in the immediate proximity where controlled substances are criminally delivered, manufactured for consideration or profit, or where a chemical reaction involving one or more precursor substances:
  • Is occurring as part of unlawfully manufacturing a controlled substance or grinding, soaking, or otherwise breaking down a precursor substance for the unlawful manufacture of a controlled substance
  • Has occurred as part of unlawfully manufacturing a controlled substance or grinding, soaking, or otherwise breaking down a precursor substance for the unlawful manufacture of a controlled substance and the premises have not been certified as fit for use under § 453.885
• In or upon premises that have been determined to be not fit for use under §§ 453.855 to 453.912

As used in this subsection, ‘vehicle’ and ‘premises’ do not include public places, as defined in § 161.015.

Child neglect in the first degree is a Class B felony.

This section does not apply if the controlled substance is marijuana and is delivered for no consideration.

The Oregon Criminal Justice Commission shall classify child neglect in the first degree as crime category 6 of the sentencing guidelines grid of the commission if the controlled substance being delivered or manufactured is methamphetamine.

Citation: Rev. Stat. § 419B.005‘Abuse’ means:

• Permitting a person younger than age 18 to enter or remain in or upon premises where methamphetamines are being manufactured
• Unlawful exposure to a controlled substance that subjects a child to a substantial risk of harm to the child’s health or safety

Current Through August 2014

Making The Appointment

Citation: Rev. Stat. §§ 419B.112; 419B.195For the purposes of a Child Abuse Prevention and Treatment Act (42 U.S.C. § 5101, et seq.) grant to this State under P.L. 93-247, or any related State or Federal legislation, a court-appointed special advocate (CASA) or other person appointed pursuant to this section is deemed a guardian ad litem to represent the interests of the child or ward in proceedings before the court.

If the child, parent, or guardian requests counsel for the child but is without sufficient financial means to employ suitable counsel possessing skills and experience commensurate with the nature of the petition and the complexity of the case, the court may appoint suitable counsel to represent the child at State expense if the child is determined to be financially eligible under the policies, procedures, standards, and guidelines of the Public Defense Services Commission. Whenever requested to do so, the court shall appoint counsel to represent the child in a case filed pursuant to § 419B.100. The court may not substitute one appointed counsel for another except pursuant to the policies, procedures, standards, and guidelines of the Public Defense Services Commission.

The Use of Court-Appointed Special Advocates (CASAs)

Citation: Rev. Stat. § 419B.112In every case under chapter 419B, the court shall appoint a court-appointed special advocate (CASA). The CASA is deemed a party in these proceedings and may be represented by counsel; file pleadings and request hearings; and subpoena, examine, and cross-examine witnesses.

If a juvenile court does not have a sufficient number of qualified CASAs available to it, the court may, in fulfillment of the requirements of this section, appoint a juvenile department employee or other suitable person to represent the child or ward’s interest in court pursuant to § 419A.012 or 419B.195.

Upon presentation of the order of appointment by the CASA, any agency, hospital, school organization, division, office or department of the State, doctor, nurse or other health-care provider, psychologist, psychiatrist, police department, or mental health clinic shall permit the CASA to inspect and copy, and may consult with the CASA regarding, any records relating to the child or ward involved in the case, without the consent of the child, ward, or parents.

Qualifications/Training

Citation:This issue is not addressed in the statutes reviewed.

Specific Duties

Citation: Rev. Stat. § 419B.112Subject to the direction of the court, the duties of the CASA are to:

• Investigate all relevant information about the case
• Advocate for the child or ward, ensuring that all relevant facts are brought before the court
• Facilitate and negotiate to ensure that the court, the Department of Human Services, if applicable, and the child or ward’s attorney, if any, fulfill their obligations to the child or ward in a timely fashion
• Monitor all court orders to ensure compliance and to bring to the court’s attention any change in circumstances that may require a modification of an order of the court

How the Representative Is Compensated

Citation: Rev. Stat. § 419B.112If the CASA is represented by counsel, counsel shall be paid from funds in the Court Appointed Special Advocate Fund established under § 458.584. Counsel representing a CASA may not be paid from moneys in the Public Defense Services Account, the Public Defense Services Commission, or from Judicial Department operating funds.

Whenever the court appoints a CASA or other person to represent the child, it may require a parent, if able, or guardian of the estate, if the estate is able, to pay, in whole or in part, the reasonable costs of CASA services, including reasonable attorney fees.

Current Through April 2014

When Case Plans Are Required

Citation: Ann. Stat. § 417.368; Admin. Rules § 413-040-0010The Department of Human Services shall consider the use of a family decision-making meeting in each case in which a child is placed in substitute care for more than 30 days. When the department determines that the use of a family decision-making meeting is appropriate, the meeting shall be held, whenever possible, before the child has been in substitute care for 60 days. If the department elects not to conduct a family decision-making meeting, the reasons for that decision shall be clearly documented in the written service plan of the child developed by the department.

In regulation: The caseworker must develop the case plan within 60 days of a child’s removal from home or within 60 days of the completion of the Child Protective Services (CPS) assessment, in cases where the child remains in the home of a parent or legal guardian.

Who May Participate in the Case Planning Process

Citation: Ann. Stat. § 417.371; Admin. Rules § 413-040-0010If the department determines that the use of a family decision-making meeting is appropriate, the department shall conduct and document reasonable inquiries to promptly locate and notify the parents, grandparents, and any other family member who has had significant, direct contact with the child in the year prior to the substitute care placement.

All family members notified by the department may attend the meeting unless the department determines that the safety of any attendee will be compromised by the attendance of any family member.

The term ‘family member’ includes any person related to the child by blood, marriage, or adoption, including, but not limited to, parents, grandparents, stepparents, aunts, uncles, sisters, brothers, cousins, or great-grandparents. ‘Family member’ also includes a child age 12 or older, or a child younger than age 12 when appropriate.

In regulation: The persons involved with the department in the development of the case plan include the parents or legal guardians unless their participation threatens or places other participants at risk. Other participants may include the child, young adult, adoptive parents, an Indian custodian when applicable, other relatives, persons with significant attachments to the child or young adult, the substitute caregiver, and other professionals when appropriate.

Contents of a Case Plan

Ann. Stat. § 417.375; Admin. Rules § 413-040-0010If the department conducts a family decision-making meeting, the meeting shall result in the development of a written family plan that may include a primary permanent plan, concurrent permanent plan, placement recommendations, and service recommendations. The family plan or service agreement also shall include:

• The expectations of the parents of the child and other family members
• Services the department will provide
• Timelines for implementation of the plan
• The benefits of compliance with the plan
• The consequences of noncompliance with the plan
• A schedule of subsequent meetings, if appropriate

The department shall incorporate the family plan developed at the family decision-making meeting into the department’s service plan for the child to the extent that the family plan protects the child, builds on family strengths, and is focused on achieving permanency for the child within a reasonable time. If the family plan is not incorporated in the department’s service plan for the child, the department shall document the reasons in the service plan.

In regulation: The case plan must include all of the following information:

• Family composition
• Safety threats identified in the CPS assessment
• The ongoing safety plan
• The findings of the protective capacity assessment
• Expected outcomes and actions that each parent is taking to achieve the expected outcomes
• Services to the child that include:
  • The identified needs and services provided to any child placed in substitute care and the reasons the substitute care placement is the least restrictive placement to meet the child’s needs
  • The child’s health information
  • The child’s education services, education history, high school credits earned by a child older than age 14, and any special educational needs
  • Services to transition the child to independent living in all cases when the child is age 16 or older
• Services the department will provide including:
  • Case oversight and routine contact with the parents and the child
  • Appropriate and timely referrals to services and service providers suitable to address identified safety threats or strengthen parental protective capacity
  • Appropriate and timely referrals to services and service providers suitable to address the needs of the child
  • Timely preparation of reports to the court or other service providers
  • The date that the progress of the parents in achieving expected outcomes will be reviewed

When the child is in substitute care, the case plan must also include:

• Current placement information including:
  • The location of the child and the substitute caregiver, except when doing so would jeopardize the safety of the child or substitute caregiver, or the substitute caregiver will not authorize release of the address
  • Documentation that the child is receiving safe and appropriate care in the least restrictive environment able to provide safety and well-being for the child
• The child’s record of visits with his or her parents and siblings
• The permanency plan
• The conditions for return
• The concurrent permanent plan and the progress the department has made in implementing the concurrent permanent plan

As applicable, the caseworker must also include in the case plan:

• The goals and activities required for an Indian child under the Indian Child Welfare Act or for a refugee child under the Refugee Act
• Recommendations of expert evaluations requested by the department whenever the recommendations may impact parental protective capacities or treatment services for the child
• Diligent efforts to place the child with relatives and with siblings who are also in substitute care, maintain sibling connections, and keep siblings together
• Orders of the court

Current Through November 2012

Citation: Or. Rev. Stat. Ann. § 419B.449(5)-(6) (LexisNexis through 9-26-12)In making the findings under 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.

In addition to findings of fact required by this section, the court may order the Department of Human Services to consider additional information in developing the case plan or concurrent case plan.

Citation: Or. Rev. Stat. Ann. § 419B.343(2) (LexisNexis through 9-26-12)Except in cases when the plan is something other than to reunify the family, the Department of Human Services shall include in the case plan:

• Appropriate services to allow the parent the opportunity to adjust the parent’s circumstances, conduct, or conditions to make it possible for the ward to return home safely within a reasonable time
• A concurrent permanent plan to be implemented if the parent is unable or unwilling to adjust the parent’s circumstances, conduct, or conditions in such a way as to make it possible for the ward to return home safely within a reasonable time

Current Through January 2016

Schedule of Hearings

Citation: Rev. Stat. § 419B.470; Admin. Rules § 413-040-0130The court shall conduct a permanency hearing:

• Within 30 days after a judicial finding that the Department of Human Services has determined it will not make reasonable efforts to reunify the family
• No later than 12 months after the child was placed within the jurisdiction of the court or 14 months after the child was placed in substitute care, whichever is earlier
• Within 3 months of a change in placement
• Every 12 months after the initial permanency for as long as the child or ward remains in substitute care
• If a child has been surrendered for adoption or the parents’ rights have been terminated, within 30 days if the department has not physically placed the child for adoption or initiated adoption proceedings within 6 months after the termination of rights, and every 6 months for as long as the child has not been placed for adoption

In regulation: An administrative review shall be held within 6 months following the first day of placement in care and every 6 months thereafter from the date of the last review.

Persons Entitled to Attend Hearings

Citation: Rev. Stat. § 419B.473The court may order that the child or any other person be present during the hearing. The court shall notify the parties listed below and other interested parties of the hearing, such as:

• The department
• An agency directly responsible for the care or placement of the child
• The parents whose rights have not been terminated
• An attorney for the child
• A court-appointed special advocate
• A citizen review board
• A Tribal court

Determinations Made at Hearings

Citation: Rev. Stat. § 419B.476At a permanency hearing the court shall:

• If the case plan is to reunify the family, determine whether the Department of Human Services has made reasonable efforts or, if the Indian Child Welfare Act applies, active efforts to make it possible for the child to safely return home and whether the parent has made sufficient progress to make it possible for the child to safely return home.
• If the case plan is something other than to reunify the family, determine whether the department has:
  • Made reasonable efforts to place the child in a timely manner in accordance with the plan, including, if appropriate, reasonable efforts to place the child through an interstate placement, and to complete the steps necessary to finalize the permanent placement
  • Considered permanent placement options for the child, including, if appropriate, whether the department has considered both permanent in-State placement options and permanent interstate placement options for the child
• Determine whether further efforts will make it possible for the child to safely return home within a reasonable time and order that the parents participate in specific services for a specific period of time and make specific progress within that period of time
• Review the efforts made by the department to develop the concurrent permanent plan, and, if adoption is the concurrent case plan, has identified a suitable adoptive placement for the child

When the child is age 14 or older, the court also shall review the comprehensive plan for the child’s transition to successful adulthood and determine and make findings as to:

• Whether the plan is adequate to ensure the child’s transition to successful adulthood
• Whether the department has offered appropriate services pursuant to the plan
• Whether the department has involved the child in the development of the plan

Permanency Options

Citation: Rev. Stat. § 419B.476The court shall determine the permanency plan for the child that may include whether and, if applicable, when:

• The child will be returned to the parent.
• The child will be placed for adoption, and a petition for termination of parental rights will be filed.
• The child will be referred for establishment of legal guardianship.
• The child will be placed with a fit and willing relative.
• If the child is age 16 or older, the child will be placed in another planned permanent living arrangement.

If the court determines that the permanency plan for a child should be placement with a fit and willing relative, the court’s determination of why placement with the child’s parents, or for adoption, or placement with a legal guardian, is not appropriate.

If the court determines that the permanency plan for a child age 16 or older should be another planned permanent living arrangement, the court shall determine:

• Why another planned permanent living arrangement is in the child’s best interests and a compelling reason why it would not be in the best interests of the child to be returned home, placed for adoption, placed with a legal guardian or placed with a fit and willing relative
• That the department has taken steps to ensure that:
  • The child’s substitute care provider is following the reasonable and prudent parent standard.
  • The child has regular, ongoing opportunities to engage in age-appropriate or developmentally appropriate activities, including consultation with the child in an age-appropriate manner about the opportunities the child has to participate in the activities.

If an Indian child is involved, the court shall follow the placement preference established by the Indian Child Welfare Act.

Current Through March 2016

Citation: Rev. Stat. § 107.137(1) (LexisNexis through 9-26-12)In determining the custody of a minor child, the court shall give primary consideration to the best interests and welfare of the child. In determining the best interests and welfare of the child, the court shall consider the following relevant factors:

• The emotional ties between the child and other family members
• The interest of the parties in and attitude toward the child
• The desirability of continuing an existing relationship
• The abuse of one parent by the other
• The preference of the primary caregiver of the child, if the caregiver is deemed fit by the court
• The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child

The court may not consider such willingness and ability if one parent shows that the other parent has sexually assaulted or engaged in a pattern of behavior of abuse against the parent or a child and that a continuing relationship with the other parent will endanger the health or safety of either parent or the child.

Current Through January 2013

Circumstances That Are Grounds for Termination of Parental Rights

Citation: Rev. Stat. §§ 419B.502; 419B.504; 419B.506; 419B.508The rights of the parent or parents may be terminated if the court finds:

• The parent is unfit by reason of a single or recurrent incident of extreme conduct toward any child. In determining extreme conduct, the court shall consider the following:
  • Rape, sodomy, or sex abuse of any child by the parent
  • Intentional starvation or torture of any child by the parent
  • Abuse or neglect by the parent of any child resulting in death or serious physical injury
  • Conduct by the parent to aid or abet another person who, by abuse or neglect, caused the death of any child
  • Conduct by the parent to attempt, solicit, or conspire to cause the death of any child
  • Previous involuntary terminations of the parent’s rights to another child if the conditions giving rise to the previous action have not been ameliorated
  • Conduct by the parent that knowingly exposes any child of the parent to the storage or production of methamphetamines from precursors
• The parent is unfit by reason of conduct or condition seriously detrimental to the child, and integration of the child into the home of the parent is improbable within a reasonable time due to conduct or conditions not likely to change. In determining such conduct and conditions, the court shall consider, but is not limited to, the following:
  • Emotional illness, mental illness, or mental retardation of the parent of such nature and duration as to render the parent incapable of providing proper care for the child for extended periods of time
  • Conduct toward any child of an abusive, cruel, or sexual nature
  • Addictive or habitual use of intoxicating liquors or controlled substances to the extent that parental ability has been substantially impaired
  • Physical neglect of the child
  • Lack of effort of the parent to adjust circumstances, conduct, or conditions to make it possible for the child to safely return home within a reasonable time
  • Failure of the parent to effect a lasting adjustment after reasonable efforts by available social agencies for such extended duration of time that it appears reasonable that no lasting adjustment can be effected
  • Criminal conduct that impairs the parent’s ability to provide adequate care for the child
• The parent has failed or neglected without reasonable and lawful cause to provide for the basic physical and psychological needs of the child for 6 months. In determining such failure or neglect, the court shall disregard any incidental or minimal expressions of concern or support and shall consider, but is not limited to, one or more of the following:
  • Failure to provide care or pay a reasonable portion of substitute physical care and maintenance if custody is lodged with others
  • Failure to maintain regular visitation or other contact with the child that was designed to reunite the child with the parent
  • Failure to contact or communicate with the child or with the custodian of the child
• The child has been abandoned or left under such circumstances that the identity of the parent was unknown and could not be ascertained, despite diligent searching, and the parent has not come forward to claim the child within 3 months following the finding of the child.

The rights of the parent may be terminated if the court finds that the child was conceived as the result of an act that led to the parent’s conviction for rape. Termination of parental rights under this section does not relieve the parent of any obligation to pay child support. Termination of parental rights under this section is an independent basis for termination of parental rights, and the court need not make any of the considerations or findings described above.

Circumstances That Are Exceptions to Termination of Parental Rights

Citation: Rev. Stat. § 419B.498The Department of Human Services shall file a petition to terminate the parental rights of a parent when the child has been in foster care for 15 of the most recent 22 months or there are grounds to terminate unless:

• The child is being cared for by a relative, and that placement is intended to be permanent.
• 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. Such compelling reasons include, but are not limited to:
  • The parent is successfully participating in services that will make it possible for the child to safely return home within a reasonable time.
  • Another permanent plan is better suited to meet the health and safety needs of the child, including the need to preserve the child’s sibling attachments and relationships.
  • 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 efforts or, if the Indian Child Welfare Act applies, active efforts to make it possible for the child to safely return home.
• The department has not provided to the family of the child, consistent with the time period in the case plan, such services as the department deems necessary for the child to safely return home, if reasonable efforts to make it possible for the child to safely return home are required.

No petition to terminate parental rights may be filed until the court has determined that the permanency plan for the child should be adoption after a permanency hearing pursuant to § 419B.476.

Circumstances Allowing Reinstatement of Parental Rights

This issue is not addressed in the statutes reviewed.

Current Through December 2014

Definitions

Citation: Admin. Rules § 413-070-0655The term ‘department’ means the Department of Human Services, Child Welfare.

‘Guardian’ means an individual who has been granted guardianship of a child through a judgment of the court.

The term ‘relative’ applies to the following individuals:

• A blood relative or half-blood relative of preceding generations denoted by the prefixes of grand, great, or great-great
• A sibling, including a person with a sibling relationship to the child or young adult through a putative father
• An aunt, uncle, nephew, niece, first cousin, and first cousin once removed
• A spouse of anyone listed above, even if a petition for annulment, dissolution, or separation has been filed or the marriage is terminated by divorce or death
• A person defined as a relative by the law or custom of the Tribe if the child is an Indian child under the Indian Child Welfare Act or in the legal custody of a Tribe
• A stepparent or former stepparent, if the child had a relationship with the former stepparent prior to the most recent episode of department custody; a stepbrother; or a stepsister
• The registered domestic partner of the parent of the child or a former registered domestic partner of the parent of the child, if the child had a relationship with the former domestic partner prior to the most recent episode of department custody
• The adoptive parent of a sibling of the child
• The unrelated legal or biological parent of a half-sibling of the child when the half-sibling is living with the unrelated legal or biological parent
• A person not related to the child who is identified as a member of the family by the child and has had an emotionally significant relationship with the child prior to the most recent episode of department custody

‘Substitute caregiver’ means a relative caregiver, foster parent, or provider authorized to provide care to a child or young adult in the legal or physical custody of the department.

Purpose of Guardianship

Citation: Admin. Rules § 413-070-0660The department may consider guardianship as a permanency plan for a child in the care or legal custody of the department based on the individual safety, permanency, and well-being needs of the child, when the department has determined:

• The child is unable to safely return to the home of a parent.
• Adoption is not an appropriate plan based on the best interests of the child.

When considering guardianship as the permanency plan, the caseworker must:

• Consult with the child who is age 14 or older
• Seek input from the child as developmentally appropriate, regardless of the age of the child
• Assess the parents’ acceptance of guardianship as a permanency plan, their desire for continued contact with the child, and how this will impact the plan

A Guardian’s Rights and Responsibilities

Citation: Rev. Stat. §§ 419B.376; 419B.379A person, agency, or institution having guardianship of a ward by reason of appointment by the court has the duties and authority of a guardian of the ward, including, but not limited to, the following:

• To authorize surgery for the ward
• To authorize the ward to enlist in the Armed Forces of the United States
• To consent to the ward’s marriage
• To consent to the adoption of the ward
• To make other decisions concerning the ward of substantial legal significance
• To make such reports and to supply such information to the court as the court may from time to time require

A person appointed guardian of the ward by the court is guardian only and not a conservator of the estate of the ward, unless that person also is appointed conservator of the ward’s estate in a protective proceeding as provided in Chapter 125.

Qualifying the Guardian

Citation: Rev. Stat. § 419B.369; Admin. Rules § 413-070-0665When a child is in the legal custody of the department, the department shall conduct a guardianship study of the proposed guardian’s home and provide a report to the court regarding the suitability of the proposed guardian and whether guardianship is in the child’s best interests.

When a child is not in the custody of the department, the court may order the proposed guardian to obtain, at his or her expense, a guardianship study of his or her home.

In regulation: In order to be considered as a potential guardian, the substitute caregiver must:

• Have a current certificate of approval from the department, a child-placing agency, or a participating Tribe
• Be able to maintain a stable relationship with the child and function effectively without department supervision
• Have an updated home study describing how the caregiver’s skills and abilities meet the best interests and needs for safety and permanency for the child
• Have adequate means of financial support and connections to community resources
• Have a strong commitment to caring permanently for the child

The caseworker must complete all of the following:

• Assess the ability of the caregiver to ensure the child’s safety, permanency, and well-being
• Assess the commitment of the caregiver to raise the child
• Provide the caregiver with information regarding the duties and responsibilities of a guardian
• Assess whether the caregiver and the child can maintain a stable relationship and function effectively without department supervision
• Consult with the caregiver regarding guardianship assistance:
  • If guardianship assistance is requested, inform the caregiver of the eligibility requirements of guardianship assistance
  • If guardianship assistance will not be provided, ensure that the caregiver has sufficient financial support and connections to community resources to meet the needs of the child without this assistance

Procedures for Establishing Guardianship

Citation: Rev. Stat. §§ 419B.365; 419B.366At any time after a child is placed under court jurisdiction, but prior to filing or after dismissal of a petition for termination of the parent’s rights, a party may file a petition for permanent guardianship. The grounds for granting a permanent guardianship are the same as those for termination of parental rights.

The court shall grant a permanent guardianship if it finds by clear and convincing evidence that:

• The grounds cited in the petition are true.
• It is in the best interests of the child that the parent never have physical custody of the child, but that other parental rights and duties should not be terminated.

If an Indian child is involved, the permanent guardianship must be in compliance with the Indian Child Welfare Act. The facts supporting any finding made to establish a permanent guardianship for an Indian child, including the finding that continued custody by the parents or Indian custodian would result in serious emotional or physical harm to the Indian child, must be established beyond a reasonable doubt.

If the court has approved a plan of guardianship under § 419B.476, the court may grant the motion for guardianship if the court determines, after a hearing, that:

• The child cannot safely return to a parent within a reasonable amount of time.
• Adoption is not an appropriate plan for the child.
• The proposed guardian is suitable to meet the needs of the child and is willing to accept the duties and authority of a guardian.
• Guardianship is in the child’s best interests. In determining whether guardianship is in the child’s best interests, the court shall consider the child’s wishes.

Unless vacated under § 419B.368, a guardianship established under this section continues as long as the child is subject to the court’s jurisdiction.

Contents of a Guardianship Order

Citation: Rev. Stat. § 419B.367Upon granting a motion for guardianship, the court shall issue letters of guardianship to the guardian. A guardian may disclose letters of guardianship when necessary to fulfill the duties of a guardian. Letters of guardianship grants the authority and duties of guardian for child, including legal custody of the child.

In the order appointing the guardian, the court shall require the guardian to file with the court a verified written report within 30 days after each anniversary of appointment and may:

• Specify the frequency and nature of visitation or contact between relatives, including siblings, and the child, if the court determines that visitation or contact is in the child’s best interests
• Enter an order for child support
• Make any other order to provide for the child’s continuing safety and well-being

Except as otherwise limited by the court, a person appointed guardian has legal custody of the child and the duties and authority of legal custodian and guardian. A guardian is not liable to third persons for acts of the ward solely by reason of being appointed guardian.

Modification/Revocation of Guardianship

Citation: Rev. Stat. § 419B.368The court may modify a guardianship order if the court determines that doing so would be in the child’s best interests.

The court may vacate a guardianship order, return the child to the custody of a parent, and make any other order the court is authorized to make under this chapter if the court determines that:

• It is in the child’s best interests to vacate the guardianship.
• The conditions and circumstances that gave rise to the establishment of the guardianship have been satisfactorily addressed.
• The parent is presently able and willing to adequately care for the child.

The court may vacate a guardianship order after determining that the guardian is no longer willing or able to fulfill the duties of a guardian. In determining whether it is in the child’s best interests to modify or vacate a guardianship, the court shall consider, but is not limited to considering:

• The child’s emotional and developmental needs
• The child’s need to maintain existing and form new attachments and relationships, including those with the birth family
• The child’s health and safety
• The child’s wishes

If a guardianship is established under §§ 419B.366 and 419B.371, the court shall conduct a court review no later than 60 days before the child reaches age 18. At the hearing, the court shall inform the child that after reaching age 18 the child may not be placed in substitute care in the legal custody of the department.

Eligibility for Guardianship Subsidy

Citation: Admin. Rules §§ 413-070-0917; 413-100-0345; 413-070-0655To be eligible for guardianship assistance, a child must:

• Be a United States citizen or qualified alien
• Be removed from his or her home pursuant to a voluntary placement or as a result of a judicial determination that continuation in the home would be contrary to his or her welfare
• Have it determined by the department or Tribe that neither returning home nor adoption is an appropriate permanency option
• Be eligible for title IV-E foster care maintenance payments during a 6 consecutive month period during which the child resided in the home of the potential guardian who was fully licensed, certified, or approved as meeting the requirements for a foster family home
• Be in the department’s or Tribe’s care or custody for a minimum of 6 months, if the potential guardian is the child’s relative, or 12 months, if the potential guardian is a substitute caregiver who meets the definition of a relative under the rules
• Demonstrate a strong attachment to the potential guardian
• Be consulted regarding the guardianship when the child is age 14 or older

To be eligible for title IV-E guardianship assistance, the prospective guardian must meet the definition of a relative, as defined in the rules.

A stepparent is considered a parent for the purpose of eligibility for guardianship assistance unless a petition for annulment, dissolution, or separation has been filed, or the marriage has been terminated by divorce or death.

A foster parent may only be considered a relative for the purpose of eligibility for guardianship assistance when:

• There is a compelling reason why adoption is not an achievable permanency plan.
• The foster parent is currently caring for a child who has a permanency plan or concurrent permanent plan of guardianship.
• The foster parent has cared for the child for at least 12 of the past 24 months.
• The department or Tribe has approved the foster parent for consideration as a guardian.

Links to Agency Policies

Oregon Administrative Code, Title 413, Division 70, Substitute Care

Oregon Department of Human Services:

• Policy # 413-070-0651 through 0670, Guardianship as a Permanency Option (PDF – 129 KB)
• Policy # 413-100-0000 through 0345, Title IV-E Foster Care, Adoption Assistance, and Guardianship Assistance Eligibility (PDF – 231 KB)

Current Through July 2013

Relative Placement for Foster Care and Guardianship

Citation: Rev. Stat. §§ 419B.192; 419B.116If the court finds that a child is in need of placement or continuation in substitute care, there shall be a preference given to placement of the child with relatives and persons who have a caregiver relationship with the child. The Department of Human Services shall make diligent efforts to place the child with such persons and shall report to the court the efforts made by the department to effectuate that placement.

The term ‘caregiver relationship’ means a relationship between a person and a child:

• That has existed:
  • For the 12 months immediately preceding the initiation of the dependency proceeding
  • For at least 6 months during the dependency proceeding
  • For half of the child’s life if the child is younger than 6 months old
• In which the person who had physical custody of the child resided in the same household as the child
• In which the person provided the child on a daily basis with the love, nurturing, and other necessities required to meet the child’s psychological and physical needs
• On which the child depended to meet his or her needs

‘Caregiver relationship’ does not include a relationship between a child and a person who is the nonrelated foster parent of the child unless the relationship continued for a period of at least 12 consecutive months.

Requirements for Placement with Relatives

Citation: Rev. Stat. § 419B.192In attempting to place the child, the department shall consider, but not be limited to considering, the following:

• The ability of the person being considered to provide safety for the child, including a willingness to cooperate with any restrictions placed on contact between the child and others, and to prevent anyone from influencing the child in regard to the allegations of the case
• The ability of the person being considered to support the efforts of the department to implement the permanent plan for the child
• The ability of the person being considered to meet the child’s physical, emotional, and educational needs, including the child’s need to continue in the same school or educational placement
• Which person has the closest existing personal relationship with the child if more than one person requests to have the child placed with them
• The ability of the person being considered to provide a placement for the child’s sibling who is also in need of placement

In cases where the Indian Child Welfare Act applies, the placement preferences of the Indian Child Welfare Act shall be followed.

Requirements for Placement of Siblings

Citation: Rev. Stat. § 419B.192If a child or ward in need of placement or continuation in substitute care has a sibling also in need of placement or continuation in substitute care, the department shall make diligent efforts to place the siblings together and shall report to the court the efforts made by the department to carry out the placement, unless the court finds that placement of the siblings together is not in the best interests of the child or the ward or the child’s or the ward’s sibling.

Relatives Who May Adopt

Citation: Admin. Rules §§ 413-120-0730; 413-120-0760When identifying potential adoptive resources for a child or sibling group, the caseworker must consider the needs and the best interests of each child and assess the knowledge, skills, and abilities of each potential adoptive resource in the following order of preference:

• A relative as defined in rule 413-120-0710(12)(a)-(c)
• A relative as defined in rule 413-120-0710(12)(d), or a current caretaker, or both
• A current caretaker and a general applicant, when a determination has been made under rule 413-120-0580(2)(b)(B)
• Except as provided above, a general applicant

When identifying potential adoptive resources for a child, the child’s caseworker may:

• After discussion with his or her supervisor and on a case-by-case basis, consult with a birth parent to identify one to three potential adoptive resources
• Provide a birth parent with nonidentifying information from the adoption home study of a potential adoptive resource who is a general applicant not known to the parent or child

When more than one relative is interested in being an adoptive resource, the department must consult with those interested to facilitate agreement on the most appropriate potential adoptive resource. When agreement cannot be reached, the Department of Human Services considers relatives among both maternal and paternal family members who have expressed an interest and chooses up to a total of three families for adoption home studies, to be conducted by either the department or another public or private agency.

Requirements for Adoption by Relatives

Citation: Admin. Rules § 413-120-0760The child’s caseworker must comply with the following requirements:

• Make reasonable efforts to identify and place the child with an adoptive resource in a timely manner
• Request input about the knowledge, skills, abilities, and commitment a potential adoptive resource needs to best be able to meet the current and lifelong needs of the child from:
  • Professionals who have worked closely with the child, when applicable
  • The child’s attorney, court-appointed special advocate, Tribal representative, and substitute caregiver, when applicable
• Receive and review adoption home studies in a timely manner
• Following consultation with his or her supervisor, identify up to three potential adoptive resources following the order of preference in rule 413-120-0730 to be considered for adoption placement selection who:
  • Meet the standards of an adoptive home
  • Have the knowledge, skills, abilities, and commitment to raise each child under consideration for adoption
  • Have the capacity to meet the current and lifelong safety, permanency, and well-being needs of the child

Current Through March 2016

What Are Reasonable Efforts

Citation: Rev. Stat. § 419B.340Reasonable efforts include preventive and reunification services.

For an Indian child, the Department of Human Services must make active efforts to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family.

When Reasonable Efforts Are Required

Citation: Rev. Stat. § 419B.340Reasonable efforts must be made:

• To prevent or eliminate the need for removal of the child from the home
• To make it possible for the child to return home safely

When Reasonable Efforts Are NOT Required

Citation: Rev. Stat. § 419B.340The court may find that the department is not required to make reasonable efforts if one of the following circumstances exists:

• The parent has subjected the child to aggravated circumstances including, but not limited to, the following:
  • The parent by abuse or neglect has caused the death of any child.
  • The parent has attempted, solicited, or conspired to cause the death of any child.
  • The parent by abuse or neglect has caused serious physical injury to any child.
  • The parent has subjected any child to rape, sodomy, or sexual abuse.
  • The parent has subjected any child to intentional starvation or torture.
  • The parent has abandoned the child.
  • The parent has unlawfully caused the death of the other parent of the child.
• The parent has been convicted in any jurisdiction of one of the following crimes:
  • Murder or manslaughter of another child of the parent
  • Aiding, abetting, attempting, conspiring, or soliciting to commit any such crime
  • Felony assault that results in serious physical injury to the child or another child of the parent
• The parent’s rights to another child have been terminated involuntarily.

Current Through February 2015

Who Can Nominate a Standby Guardian

Citation:This issue is not addressed in the statutes reviewed.

How to Establish a Standby Guardian

Citation:This issue is not addressed in the statutes reviewed.

How Standby Authority is Activated

Citation:This issue is not addressed in the statutes reviewed.

Involvement of the Noncustodial Parent

Citation:
This issue is not addressed in the statutes reviewed.

Authority Relationship of the Parent and the Standby

Citation:This issue is not addressed in the statutes reviewed.

Withdrawing Guardianship

Citation:This issue is not addressed in the statutes reviewed.