(1) Upon receiving any report required by ORS 419B.440, the court may hold a hearing to review the child or wardís condition and circumstances and to determine if the court should continue jurisdiction and wardship or order modifications in the care, placement and supervision of the child or ward. The court shall hold a hearing:
(a) In all cases under ORS 419B.440 (2)(b) when the parentsí rights have been terminated;
(b) If requested by the child or ward, the attorney for the child or ward, if any, the parents or the public or private agency having guardianship or legal custody of the child or ward within 30 days of receipt of the notice provided in ORS 419B.452;
(c) Not later than six months after receipt of a report made under ORS 419B.440 (1) on a ward who is in the legal custody of the Department of Human Services pursuant to ORS 419B.337 but who is placed in the physical custody of a parent or a person who was appointed the wardís legal guardian prior to placement of the ward in the legal custody of the department; or
(d) Within 30 days after receipt of a report made under ORS 419B.440 (2)(c).
(2) The court shall conduct a hearing provided in subsection (1) of this section in the manner provided in ORS 419B.310, except that the court may receive testimony and reports as provided in ORS 419B.325. At the conclusion of the hearing, the court shall enter findings of fact.
(3) If the child or ward is in substitute care and the decision of the court is to continue the child or ward in substitute care, the findings of the court shall specifically state:
(a)(A) Why continued care is necessary as opposed to returning the child or ward home or taking prompt action to secure another permanent placement; and
(B) The expected timetable for return or other permanent placement.
(b) Whether the agency having guardianship or legal custody of the child or ward has made diligent efforts to place the child or ward pursuant to ORS 419B.192.
(c) The number of placements made, schools attended, face-to-face contacts with the assigned case worker and visits had with parents or siblings since the child or ward has been in the guardianship or legal custody of the agency and whether the frequency of each of these is in the best interests of the child or ward.
(d) For a child or ward 14 years of age or older, whether the child or ward is progressing adequately toward graduation from high school and, if not, the efforts that have been made by the agency having custody or guardianship to assist the child or ward to graduate.
(4) If the ward is in the legal custody of the department but has been placed in the physical custody of the parent or a person who was appointed the wardís legal guardian prior to placement of the ward in the legal custody of the department, and the decision is to continue the ward in the legal custody of the department and the physical custody of the parent or guardian, the findings of the court shall specifically state:
(a) Why it is necessary and in the best interests of the ward to continue the ward in the legal custody of the department; and
(b) The expected timetable for dismissal of the departmentís legal custody of the ward and termination of the wardship.
(5) In making the findings under subsection (2) of 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.
(6) In addition to findings of fact required by subsection (2) of this section, the court may order the Department of Human Services to consider additional information in developing the case plan or concurrent case plan.
(7) Any final decision of the court made pursuant to the hearing provided in subsection (1) of this section is appealable under ORS 419A.200. [1993 c.33 §132; 1999 c.568 §1; 2001 c.480 §8; 2001 c.910 §4; 2003 c.396 §77; 2007 c.610 §4; 2007 c.611 §7; 2007 c.806 §9]
Note: See note under 419B.440.Section: Previous 419B.408 419B.420 419B.423 419B.426 419B.440 419B.443 419B.446 419B.449 419B.452 419B.460 419B.470 419B.473 419B.476 419B.498 419B.500 Next
Last modified: August 7, 2008