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Or. Rev. Stat. § 419B.340
Oregon Revised Statutes
Title
34. Human Services; Juvenile Code; Corrections
Chapter 419B. Juvenile Code: Dependency
Juvenile
Court (Disposition
of Case)
§ 419B.340. Determination of reasonable or active efforts to prevent need for removal from home
(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 Indian Child Welfare
Act [FN1]
applies, active efforts 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.
(2)
In support of its determination whether reasonable or active efforts have
been made by the department, the court shall enter a brief description
of what preventive and reunification efforts were made and why further
efforts could or could not have prevented or shortened the separation
of the family.
(3)
When the first contact with the family has occurred during an emergency
in which the ward could not remain without jeopardy at home even with
reasonable services being provided, the department shall be considered
to have made reasonable or active efforts to prevent or eliminate the
need for removal.
(4)
When the court finds that preventive or reunification efforts have not
been reasonable or active, but further preventive or reunification efforts
could not permit the ward to remain without jeopardy at home, the court
may authorize or continue the removal of the ward.
(5)
If a court determines that one of the following circumstances exist, the
juvenile
court may make a finding that the department is not required to make reasonable
efforts to make it possible for the ward to safely return home:
(a)
Aggravated circumstances including, but not limited to, the following:
(A)
The parent by abuse or neglect has caused the death of any child;
(B)
The parent has attempted, solicited or conspired, as described in ORS
161.405, 161.435 or 161.450 or under comparable laws of any jurisdiction,
to cause the death of any child;
(C)
The parent by abuse or neglect has caused serious physical injury to any
child;
(D)
The parent has subjected any child to rape, sodomy or sexual abuse;
(E)
The parent has subjected any child to intentional starvation or torture;
(F)
The parent has abandoned the ward as described in ORS 419B.100 (1)(e);
or
(G)
The parent has unlawfully caused the death of the other parent of the
ward;
(b)
The parent has been convicted in any jurisdiction of one of the following
crimes:
(A)
Murder of another child of the parent, which murder would have been an
offense under 18 U.S.C. 1111(a);
(B)
Manslaughter in any degree of another child of the parent, which manslaughter
would have been an offense under 18 U.S.C. 1112(a);
(C)
Aiding, abetting, attempting, conspiring or soliciting to commit an offense
described in subparagraph (A) or (B) of this paragraph; or
(D)
Felony assault that results in serious physical injury to the ward or
another child of the parent; or
(c)
The parent's rights to another child have been terminated involuntarily.
(6)
If, pursuant to a determination under subsection (5) of this section,
the juvenile court makes a finding that the department is not required
to make reasonable efforts to prevent or eliminate the need for removal
of the ward from the home or to make it possible for the ward to safely
return home, and the department determines that it will not make such
efforts, the court shall conduct a permanency hearing as provided in ORS
419B.470 no later than 30 days after the judicial finding under subsection
(5) of this section.
(7)
When an Indian child is involved, the department must satisfy the court
that active efforts have been made to provide remedial services and rehabilitative
programs designed to prevent the breakup of the Indian family and that
these efforts have proven unsuccessful. Foster care placement may not
be
ordered in a proceeding in the absence of a determination, supported by
clear and convincing evidence, including the testimony of expert witnesses,
that the continued custody of the Indian child by the parent or Indian
custodian is likely to result in serious emotional or physical injury
to the Indian child.
Laws
1993, c. 33, § 109; Laws 1993, c. 546, § 124; Laws 1999, c.
859, § 11; Laws 2001, c. 686, § 14; Laws 2003, c. 396, §
58.
[FN1]
25 U.S.C.A. § 1901 et seq.
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