Chapter 419B — Chapter 419B

ORS 419B.192 Placement of child or ward; preference given to relatives and caregivers; written findings of court required. (1) As used in this section

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ORS 419B.193 Search for substitute care placements among relatives; notices to parents and certain relatives. (1) If the Department of Human Services places a child or ward in substitute care, the department shall immediately begin searching for potential substitute care placements from among the relatives of the child or ward

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ORS 419B.194 Participation in extracurricular activities; reasonable and prudent parent standard; fees; rules. (1) As used in this section

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ORS 419B.195 Appointment of counsel for child or ward; access of appointed counsel to records of child or ward. (1) If the child, ward, parent or guardian requests counsel for the child or ward 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 or ward at state expense if the child or ward is determined to be financially eligible under the policies, procedures, standards and guidelines of the Oregon Public Defense Commission. Whenever requested to do so, the court shall appoint counsel to represent the child or ward in a case filed pursuant to ORS 419B.100. The court may not substitute one appointed counsel for another except pursuant to the policies, procedures, standards and guidelines of the Oregon Public Defense Commission

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ORS 419B.198 Responsibility for payment of costs related to provision of appointed counsel for child or ward. (1) When the court appoints counsel to represent a child or ward, it may order the parent, if able, or guardian of the estate, if the estate is able, to pay to the Public Defense Services Account established by ORS 151.225, through the clerk of the court, in full or in part the administrative costs of determining the ability of the parents or estate to pay for legal services and the costs of the legal and other services that are related to the provision of appointed counsel

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ORS 419B.201 Compensation for court-appointed counsel for child or ward under ORS 135.055. When the court appoints counsel for the child or ward and the child or ward is determined to be entitled to, and financially eligible for, appointment of counsel at state expense, and the parent or guardian is without sufficient financial means to employ counsel, the compensation for counsel and reasonable fees and expenses of investigation, preparation and presentation paid or incurred shall be determined and paid as provided in ORS 135.055. [1993 c.33 §74; 2001 c.962 §45; 2003 c.396 §§48,49; 2003 c.449 §30]

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ORS 419B.205 Appointment of counsel for parent or legal guardian. (1) Counsel shall be appointed for the parent or legal guardian whenever the nature of the proceedings and due process so require, and when the parent or legal guardian has been determined by the court to be eligible to receive appointed counsel under the standard in ORS 135.050 or the policies, procedures, standards and guidelines adopted under ORS 151.216. In deciding whether to appoint counsel under this section, the court shall consider the following factors

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ORS 419B.208 Other law applicable to appointment of counsel. Appointment of counsel for the child, ward or parent is subject to ORS 135.055, 151.216 and 151.219. [1993 c.33 §76; 2001 c.962 §47; 2003 c.396 §§50,51]

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ORS 419B.211 Motion to withdraw as counsel. (1) When a parent or guardian is required to appear at a hearing related to a petition to establish jurisdiction or a petition to establish permanent guardianship or terminate parental rights, if the parent or guardian fails to appear at the hearing without reasonable explanation, the attorney for the parent or guardian may move to withdraw from representing the parent or guardian

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ORS 419B.220 Appointment of surrogate. (1) Upon the request of any party, the court shall appoint a surrogate for a child who is temporarily or permanently in the custody of, or committed to, a public or private agency through the action of the juvenile court if

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ORS 419B.223 Duties and tenure of surrogate. A person that is appointed surrogate for a ward has the duty and authority to protect the due process rights of the ward with respect to the provision of free appropriate public education. A surrogate appointed by the court shall immediately apply to the attending school district for an evaluation of the ward’s eligibility for special education and shall participate in the development of the ward’s educational plan as provided in ORS chapter 343. The duties and responsibilities of the surrogate shall continue until whichever of the following occurs first

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ORS 419B.230 [1993 c.33 §85; 1993 c.546 §39; repealed by 2001 c.622 §57]

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ORS 419B.231 Appointment; hearing; findings. (1) In a proceeding under this chapter, including a proceeding for the termination of parental rights, the court, on its own motion or on the written or oral motion of a party in the proceeding, may appoint a guardian ad litem for a parent involved in the proceeding as provided in this section

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ORS 419B.233 [1993 c.33 §87; repealed by 2001 c.622 §57]

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ORS 419B.234 Qualifications; duties; privilege. (1) A person appointed as a guardian ad litem under ORS 419B.231

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ORS 419B.236 [1993 c.33 §88; repealed by 2001 c.622 §57]

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ORS 419B.237 Duration of appointment; compensation. (1) The appointment of a guardian ad litem under ORS 419B.231 continues until

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ORS 419B.239 [1993 c.33 §89; 1993 c.546 §40; repealed by 2001 c.622 §57]

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ORS 419B.242 [1993 c.33 §90; 1993 c.546 §41; repealed by 2001 c.622 §57]

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ORS 419B.245 [1993 c.33 §91; 2001 c.622 §38; renumbered 419B.872 in 2001]

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ORS 419B.260 [1993 c.546 §43 (enacted in lieu of 1993 c.33 §92); 1997 c.707 §31; 1997 c.873 §12; 1999 c.302 §1; 2001 c.622 §36; renumbered 419B.806 in 2001]

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ORS 419B.265 [1993 c.33 §93; 1993 c.546 §44; 1995 c.273 §21; repealed by 2001 c.622 §57]

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ORS 419B.268 [1993 c.33 §94; 1993 c.295 §3; 1993 c.546 §45; repealed by 2001 c.622 §57]

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ORS 419B.271 [1993 c.33 §95; 1993 c.295 §4; 1993 c.546 §46; 1995 c.273 §22; repealed by 2001 c.622 §57]

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ORS 419B.274 [1993 c.33 §96; repealed by 2001 c.622 §57]

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ORS 419B.277 [1993 c.33 §97; 1993 c.546 §47; repealed by 2001 c.622 §57]

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ORS 419B.280 [1993 c.33 §98; renumbered 419B.827 in 2001]

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ORS 419B.282 [1993 c.33 §99; 2001 c.622 §48; renumbered 419B.842 in 2001]

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ORS 419B.285 [1993 c.33 §100; 1993 c.546 §48; 2001 c.622 §41; renumbered 419B.914 in 2001]

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ORS 419B.300 [1993 c.546 §50; 2001 c.622 §40; renumbered 419B.881 in 2001]

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ORS 419B.305 When hearing must be held; continuation; priority. (1) Except as otherwise provided in this section, no later than 60 days after a petition alleging that a child is within the jurisdiction of the court under ORS 419B.100 has been filed, the court shall hold a hearing on the petition and enter an order under ORS 419B.325 (1). Upon written order supported by factual findings of good cause, the court may continue a petition beyond 60 days

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ORS 419B.310 Conduct of hearings. (1) The hearing shall be held by the court without a jury and may be continued from time to time. During the hearing of a case filed pursuant to ORS 419B.100, the court, on its own motion or upon the motion of a party, may take testimony from any child appearing as a witness and may exclude the child’s parents and other persons if the court finds such action would be likely to be in the best interests of the child. However, the court may not exclude the attorney for each party and the testimony shall be reported

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ORS 419B.315 [1993 c.546 §53; 2001 c.622 §55; renumbered 419B.884 in 2001]

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ORS 419B.317 [1993 c.33 §102; repealed by 2001 c.622 §57]

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ORS 419B.320 [1993 c.33 §103; 2001 c.104 §151; 2001 c.338 §1; 2001 c.962 §48; renumbered 419B.908 in 2001]

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ORS 419B.325 Disposition required; evidence. (1) At the termination of the hearing or hearings in the proceeding, the court shall enter an appropriate order directing the disposition to be made of the case

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ORS 419B.328 Ward of the court; duration of wardship. (1) The court shall make a child found to be within the jurisdiction of the court as provided in ORS 419B.100 a ward of the court

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ORS 419B.331 When protective supervision authorized; conditions that may be imposed. Except as provided in ORS 419B.600 to 419B.654, when the court determines it would be in the best interest and welfare of a ward, the court may place the ward under protective supervision. The court may direct that the ward remain in the legal custody of the ward’s parents or other person with whom the ward is living, or the court may direct that the ward be placed in the legal custody of some relative or some person maintaining a foster home approved by the court, or in a child care center or a youth care center authorized to accept the ward. The court may specify particular requirements to be observed during the protective supervision consistent with recognized juvenile court practice, including but not limited to restrictions on visitation by the ward’s parents, restrictions on the ward’s associates, occupation and activities, restrictions on and requirements to be observed by the person having the ward’s legal custody, and requirements for visitation by and consultation with a juvenile counselor or other suitable counselor. [1993 c.33 §106; 2003 c.396 §55; 2020 s.s.1 c.14 §37]

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ORS 419B.334 Placement out of state. When the court determines it would be in the best interest and welfare of a ward, the court may, if there is an interstate compact or agreement or an informal arrangement with another state permitting the ward to reside in another state while under protective supervision, or to be placed in an institution or with an agency in another state, place the ward under protective supervision in such other state. [1993 c.33 §107; 2003 c.396 §56]

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ORS 419B.335 Department of Human Services reports regarding out-of-state placements. The Department of Human Services shall provide the following information regarding out-of-state placements of children and wards on a website maintained by the department and updated monthly

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ORS 419B.337 Commitment to custody of Department of Human Services. (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

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ORS 419B.340 Reasonable or active efforts determination. (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 efforts or, if the ward is an Indian child, active efforts, as described in ORS 419B.645, 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

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ORS 419B.343 Recommendations of committing court; case planning; plan contents. (1) To ensure effective planning for wards, the Department of Human Services shall take into consideration recommendations and information provided by the committing court before placement in any facility. The department shall ensure that the case planning in any case

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ORS 419B.346 Medical planning. Whenever a ward who is in need of medical care or other special treatment by reason of physical or mental condition is placed in the custody of the Department of Human Services by the juvenile court, the department shall prepare a plan for care or treatment within 14 days after assuming custody of the ward. The court may indicate in general terms the type of care which it regards as initially appropriate. A copy of the plan, including a time schedule for its implementation, shall be sent to the juvenile court that committed the ward to the department. The court may at any time request regular progress reports on implementation of the plan. The department shall notify the court when the plan is implemented, and shall report to the court concerning the progress of the ward annually thereafter. If the plan is subsequently revised, the department shall notify the court of the revisions and the reasons for the revisions. [1993 c.33 §111; 2003 c.396 §60]

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ORS 419B.349 Court authority to review placement or proposed placement. (1) Commitment of a child or ward to the Department of Human Services does not terminate the court’s continuing jurisdiction to protect the rights of the child or ward or the child or ward’s parents or guardians. Notwithstanding ORS 419B.337 (5), if upon review of a placement or proposed placement of a child or ward made or to be made by the department the court determines that the placement or proposed placement is not in the best interest of the child or ward, the court may direct the department to place or maintain the child or ward in the care of the child or ward’s parents, in foster care with a foster care provider who is a relative, in foster care with a foster care provider who is or has been a current caretaker for the child, in foster care with a foster care provider who is not a relative or current caretaker, in residential care, in group care or in some other specific type of residential placement, but unless otherwise required by law, the court may not direct a specific placement. The actual planning and placement of the child or ward is the responsibility of the department. Nothing in this subsection affects any contractual right of an individual or a private agency to refuse or terminate a placement

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ORS 419B.350 [1997 c.873 §15; 1999 c.859 §13; repealed by 2001 c.686 §25]

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ORS 419B.351 Court approval of placement in qualified residential treatment program. (1) The Department of Human Services shall move the court for approval of a placement no later than 30 days following the date the department placed, or will place, a child or ward in a qualified residential treatment program described in ORS 418.323

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ORS 419B.352 Hospitalization; mental health examination. The court may direct that the child or ward be examined or treated by a physician, psychiatrist, psychologist, physician associate licensed under ORS 677.505 to 677.525, naturopathic physician licensed under ORS chapter 685 or nurse practitioner licensed under ORS 678.375 to 678.390, or receive other special care or treatment in a hospital or other suitable facility. If the court determines that mental health examination and treatment should be provided by services delivered through the Department of Human Services, the department shall determine the appropriate placement or services in consultation with the court and other affected agencies. If an affected agency objects to the type of placement or services, the court shall determine the appropriate type of placement or service. During the examination or treatment of the child or ward, the department may, if appropriate, be appointed guardian of the child or ward. [1993 c.33 §113; 2001 c.900 §123; 2003 c.396 §62; 2014 c.45 §44; 2017 c.356 §44; 2024 c.73 §69]

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ORS 419B.354 [2019 c.619 §3; 2019 c.619 §3a; 2020 s.s.1 c.19 §§11a,11b; 2021 c.387 §3; 2021 c.489 §59; renumbered 418.322 in 2021]

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ORS 419B.356 [2019 c.619 §5; repealed by 2020 s.s.1 c.19 §12a]

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