Native American Rights Fund, A Practical Guide to the Indian Child Welfare Act, Oregon Statutes

Or. Rev. Stat. § 419B.476

Oregon Revised Statutes

Title 34. Human Services; Juvenile Code; Corrections

Chapter 419B. Juvenile Code: Dependency

Juvenile Court

(Permanency Hearing)


§ 419B.476. Conduct of hearing; powers and duties of court; order; appeal


(1) A permanency hearing shall be conducted in the manner provided in ORS 418.312, 419B.310, 419B.812 to 419B.839 and 419B.908, except that the court may receive testimony and reports as provided in ORS 419B.325.


(2) At a permanency hearing the court shall:


(a) If the case plan at the time of the hearing is to reunify the family, determine whether the Department of Human Services has made reasonable efforts or, if the Indian Child Welfare Act [FN1] applies, active efforts to make it possible for the ward to safely return home and whether the parent has made sufficient progress to make it possible for the ward to safely return home. In making its determination, the court shall consider the ward's health and safety the paramount concerns.


(b) If the case plan at the time of the hearing is something other than to reunify the family, determine whether the department has made reasonable efforts to place the ward in a timely manner in accordance with the plan and to complete the steps necessary to finalize the permanent placement.


(3)(a) In the circumstances described in paragraph (b) of this subsection, in addition to making the determination required by subsection (2)(a) or (b) of this section, at a permanency hearing the court shall review the comprehensive plan for the ward's transition to independent living and determine and make findings as to:


(A) Whether the plan is adequate to ensure the ward's successful transition to independent living;


(B) Whether the department has offered appropriate services pursuant to the plan; and


(C) Whether the department has involved the ward in the development of the plan.


(b) The requirements of paragraph (a) of this subsection apply when:


(A) The ward is 16 years of age or older; or


(B) The ward is 14 years of age or older and there is a comprehensive plan for the ward's transition to independent living.


(4) At a permanency hearing the court may:


(a) If the case plan changed during the period since the last review by a local citizen review board or court hearing and a plan to reunify the family was in effect for any part of that period, determine whether the department has made reasonable efforts or, if the Indian Child Welfare Act applies, active efforts to make it possible for the ward to safely return home. In making its determination, the court shall consider the ward's health and safety the paramount concerns;


(b) If the case plan changed during the period since the last review by a local citizen review board or court hearing and a plan other than to reunify the family was in effect for any part of that period, determine whether the department has made reasonable efforts to place the ward in a timely manner in accordance with the plan and to complete the steps necessary to finalize the permanent placement;


(c) If the court determines that further efforts will make it possible for the ward to safely return home within a reasonable time, order that the parents participate in specific services for a specific period of time and make specific progress within that period of time;


(d) Determine the adequacy and compliance with the case plan and the case progress report;


(e) Review the efforts made by the department to develop the concurrent permanent plan, including but not limited to, identification and selection of a suitable adoptive placement for the ward;


(f) Order the department to develop or expand the case plan or concurrent permanent plan and provide a case progress report to the court and other parties within 10 days after the permanency hearing;


(g) Order the department or agency to modify the care, placement and supervision of the ward;


(h) Order the local citizen review board to review the status of the ward prior to the next court hearing; or


(i) Set another court hearing at a later date.


(5) The court shall enter an order within 20 days after the permanency hearing. In addition to any determinations or orders the court may make under subsection (4) of this section, the order shall include:


(a) The court's determination required under subsections (2) and (3) of this section, including a brief description of the efforts the department has made with regard to the case plan in effect at the time of the permanency hearing;


(b) The court's determination of the permanency plan for the ward that includes whether and, if applicable, when:


(A) The ward will be returned to the parent;


(B) The ward will be placed for adoption, and a petition for termination of parental rights will be filed;


(C) The ward will be referred for establishment of legal guardianship; or


(D) The ward will be placed in another planned permanent living arrangement;


(c) If the court determines that the permanency plan for the ward should be to return home because further efforts will make it possible for the ward to safely return home within a reasonable time, the court's determination of the services in which the parents are required to participate, the progress the parents are required to make and the period of time within which the specified progress must be made;


(d) If the court determines that the permanency plan for the ward should be adoption, the court's determination of whether one of the circumstances in ORS 419B.498 (2) is applicable;


(e) If the court determines that the permanency plan for the ward should be establishment of a legal guardianship or placement with a fit and willing relative, the court's determination of why neither placement with parents nor adoption is appropriate;


(f) If the court determines that the permanency plan for the ward should be a planned permanent living arrangement, the court's determination of a compelling reason, that must be documented by the department, why it would not be in the best interests of the ward to be returned home, placed for adoption, placed with a legal guardian or placed with a fit and willing relative;


(g) If the current placement is not expected to be permanent, the court's projected timetable for return home or for placement in another planned permanent living arrangement. If the timetable set forth by the court is not met, the department shall promptly notify the court and parties; and


(h) If an Indian child is involved, the tribal affiliation of the ward.


(6) If an Indian child is involved, the court shall follow the placement preference established by the Indian Child Welfare Act.


(7) Any final decision of the court made pursuant to the permanency hearing is appealable under ORS 419A.200. On appeal of a final decision of the court under this subsection, the court's finding, if any, under ORS 419B.340 (5) that the department is not required to make reasonable efforts to make it possible for the ward to safely return home is an interlocutory order to which a party may assign error.


Laws 1993, c. 33, § 137; Laws 1993, c. 546, § 128; Laws 1999, c. 568, § 2; Laws 1999, c. 859, § 15; Laws 2001, c. 480, § 9; Laws 2001, c. 622, § 50; Laws 2001, c. 686, § 16; Laws 2001, c. 910, § 5; Laws 2003, c. 396, § 81; Laws 2003, c. 544, § 1a.


[FN1] 25 U.S.C.A. § 1901 et seq.