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Or. Rev. Stat. § 419B.090
Oregon Revised Statutes
Title
34. Human Services; Juvenile Code; Corrections
Chapter 419B. Juvenile Code: Dependency Juvenile
Court
(In
General)
§ 419B.090. Juvenile
court; state policy; duty of parents and guardians; liberal construction
(1) The juvenile court is a court of record and exercises jurisdiction
as a court of general and equitable jurisdiction and not as a court of
limited or inferior jurisdiction. The juvenile court is called "The
_______________ Court of _______________ County, Juvenile Department."
(2)(a)
It is the policy of the State of Oregon to recognize that children are
individuals who have legal rights. Among those rights are the right to:
(A)
Permanency with a safe family;
(B)
Freedom from physical, sexual or emotional abuse or exploitation; and
(C)
Freedom from substantial neglect of basic needs.
(b)
Parents and guardians have a duty to afford their children the rights
listed in paragraph (a) of this subsection. Parents and guardians have
a duty to remove any impediment to their ability to perform parental duties
that afford these rights to their children. When a parent or guardian
fails to fulfill these duties, the juvenile court may determine that it
is in the best interests of the child to remove the child from the parent
or guardian either temporarily or permanently.
(c)
The provisions of this chapter shall be liberally construed to the end
that a child coming within the jurisdiction of the court may receive such
care, guidance, treatment and control as will lead to the child's welfare
and the protection of the community.
(3)
It is the policy of the State of Oregon to guard the liberty interest
of parents protected by the Fourteenth Amendment to the United States
Constitution and to protect the rights and interests of children, as provided
in subsection (2) of this section. The provisions of this chapter shall
be construed and applied in compliance with federal constitutional limitations
on state action established by the United States Supreme Court with respect
to interference with
the rights of parents to direct the upbringing of their children, including,
but not limited to:
(a)
Guide the secular and religious education of their children;
(b)
Make health care decisions for their children; and
(c)
Discipline their children.
(4)
It is the policy of the State of Oregon, in those cases not described
as extreme conduct under ORS 419B.502, to offer appropriate reunification
services to parents and guardians to allow them the opportunity to adjust
their circumstances, conduct or conditions to make it possible for the
child to safely return home within a reasonable time. Although there is
a strong preference that children live in their own homes with their own
families, the state recognizes that it is not always possible or in the
best interests of the child or the public for children who have been abused
or neglected to be reunited with their parents or guardians. In those
cases, the State of Oregon has the obligation to create or provide an
alternative, safe and permanent home for the child.
(5)
The State of Oregon recognizes the value of the Indian Child Welfare Act,
25 U.S.C. 1901 to 1923, and hereby incorporates the policies of that Act.
Laws
1997, c. 873, § 2a; Laws 1999, c. 859, § 22; Laws 2001, c. 686,
§ 21.
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