Title 34, Human Services; Juvenile Code; Corrections

(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 a…

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…

(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 …

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]

(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…

(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: (a) The court finds that the child may be eligible for …

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…

(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 i…

(1) A person appointed as a guardian ad litem under ORS 419B.231: (a) Must be a licensed mental health professional or attorney; (b) Must be familiar with legal standards relating to competence; (c) Must have skills and experience in representing persons with mental and physical …

(1) The appointment of a guardian ad litem under ORS 419B.231 continues until: (a) The court terminates the appointment; (b) The juvenile court proceeding is dismissed; or (c) The parent’s parental rights are terminated, unless the court continues the appointment. (2) A party to …

(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…

(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 …

(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. (2) For the purpose of determining proper disposition of the ward, testimony, reports or other material relating to th…

(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. (2) The court’s wardship continues, and the ward is subject to the court’s jurisdiction, until one of the following occurs: (a) The court dismisses t…

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 oth…

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 b…

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: (1) The name of each out-of-state facility in which children or wards placed by the depa…

(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 …

(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…

(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: (a) For th…

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 a…

(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 …

(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. (2)(a) The motion for approv…

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.…

(1) At any time following establishment of jurisdiction and wardship under ORS 419B.100, but prior to the filing of a petition under ORS 419B.500, or after dismissal of a petition filed under ORS 419B.500 if it fails to result in termination of the parent’s rights, a party, or pe…

(1) A party, or a person granted rights of limited participation for the purpose of filing a guardianship motion, may file a motion to establish a guardianship. The motion must be in writing and state with particularity the factual and legal grounds for the motion. (2) Except as …

(1) Upon granting a motion for guardianship under ORS 419B.366 or upon granting a petition for guardianship under ORS 419B.365, the court shall issue letters of guardianship to the guardian. As provided in ORS 419A.255, a guardian may disclose letters of guardianship when necessa…

(1) The court, on its own motion or upon the motion of a party and after such hearing as the court may direct, may review, modify or vacate a guardianship order. (2) The court may modify a guardianship order if the court determines to do so would be in the ward’s best interests. …

(1) When a ward is in the legal custody of the Department of Human Services, 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 w…

(1) As used in this section: (a) “Community guardian” means a child-caring agency licensed, certified or otherwise authorized under ORS 418.205 to 418.327 that is filing a motion for appointment as guardian of a ward under ORS 419B.366. (b) “Community guardianship” means a guardi…

(1) When the court grants legal custody to the Department of Human Services, it may also grant guardianship of the ward to the department, to remain in effect solely while the ward remains in the legal custody of the department. (2) When the court grants legal custody to a privat…

A person, agency or institution having legal custody of a ward has the following duties and authority: (1) To have physical custody and control of the ward. (2) To supply the ward with food, clothing, shelter and incidental necessaries. (3) To provide the ward with care, educatio…

A 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: (1) To authorize surgery for the ward, but this authority does not prevent the p…

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 is appointed conservator of the ward’s estate in a protective proceeding as provided in ORS chapter 125. [1993 c.33 §117; 1995 c.664 §94; 2003…

A parent or legal guardian of a ward, if such parent or guardian was served with summons under ORS 419B.812 to 419B.839 prior to the adjudication, is subject to the jurisdiction of the court for purposes of this section. The court may order the parent or guardian to assist the co…

If the court finds in an evidentiary hearing that treatment or training is needed by a parent to correct the circumstances that resulted in wardship or to prepare the parent to resume the care of the ward, the court may order the parent to participate in the treatment or training…

A parent who believes or claims that financial, health or other problems will prevent or delay the parent’s compliance with an order of the court must inform the court of the relevant circumstances as soon as reasonably possible and, if appropriate, seek relief from the order und…

(1) If in any proceeding under ORS 419B.100 or 419B.500 the juvenile court determines that the child or ward has fewer than two legal parents or that parentage is disputed as allowed in ORS 109.067 or 109.070, the court may enter a judgment of parentage or a judgment of nonparent…

(1) The court may, after a hearing on the matter, require the parents or other person legally obligated to support a child alleged to be within the jurisdiction of the court under ORS 419B.100 or a ward to pay toward the child or ward’s support such amounts at such intervals as t…

(1) Pursuant to ORS 18.035, the court shall ensure that any order for support entered pursuant to ORS 419B.400 is entered as a judgment. (2) If a motion is filed to set aside, alter or modify a judgment described in subsection (1) of this section, the court may not set aside, alt…

Any order for support entered pursuant to ORS 419B.400 for a child or ward in the care and custody of the Department of Human Services may be made contingent upon the child or ward residing in a state financed or supported residence, shelter or other facility or institution. A ce…

When a child or ward is in the legal custody of the Department of Human Services and the child or ward is the beneficiary of an order of support in a judgment of dissolution or other order and the department is required to provide financial assistance for the care and support of …

(1) An order of support entered pursuant to ORS 419B.400 may be enforced by execution or in the manner provided by law for the enforcement of a judgment granting an equitable remedy or by an order to withhold pursuant to ORS 25.372 to 25.427. (2) No property of the child or ward’…

(1) Any public or private agency having guardianship or legal custody of a child or ward pursuant to court order shall file reports on the child or ward with the juvenile court that entered the original order concerning the child or ward or, when no such order exists, with the ju…

(1) An agency described in ORS 419B.440 shall file the reports required by ORS 419B.440 (1)(b) at the end of the initial six-month period and no less frequently than each six months thereafter. The agency shall file reports more frequently if the court so orders. The reports must…

(1) Notwithstanding the requirements under ORS 419B.440 that reports be filed with the court, any report after the initial report that is required by ORS 419B.443 on a child or ward whose case is being regularly reviewed by a local citizen review board shall be filed with that lo…

(1) Upon receiving any report required by ORS 419B.440, the court may hold a hearing to review the child or ward’s condition and circumstances and to determine if the court should continue jurisdiction and wardship or order modifications in the care, placement and supervision of …

Except when a child or ward has been surrendered for adoption or the parents’ rights have been terminated, the court shall send a copy of the report required by ORS 419B.440 to the parents and shall notify the parents either that a hearing will be held or that the parents may req…

Where a child has been surrendered for adoption and the agency has not physically placed the child for adoption or initiated adoption proceedings within six months of receiving the child, the agency shall file a petition alleging that the child comes within the jurisdiction of th…

(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 efforts to reunify the family. (2) In all oth…