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Or. Rev. Stat. § 419B.498
Oregon Revised Statutes
Title
34. Human Services; Juvenile Code; Corrections
Chapter 419B. Juvenile Code: Dependency
Juvenile
Court (Termination
of Parental Rights)
§ 419B.498. Petition
for termination of parental rights
(1) Except as provided in subsection (2) of this section, the Department
of Human Services shall simultaneously file a petition to terminate the
parental rights of a child or ward's parents and identify, recruit, process
and approve a qualified family for adoption if the child or ward is in
the custody of the department and:
(a)
The child or ward has been in substitute care under the responsibility
of the department for 15 months of the most recent 22 months;
(b)
A parent has been convicted of murder of another child of the parent,
voluntary manslaughter of another child of the parent, aiding, abetting,
attempting, conspiring or soliciting to commit murder or voluntary manslaughter
of
the child or ward or of another child of the parent or felony assault
that has resulted in serious physical injury to the child or ward or to
another child of the parent; or
(c)
A court of competent jurisdiction has determined that the child or ward
is an abandoned child.
(2)
The department shall file a petition to terminate the parental rights
of a parent in the circumstances described in subsection (1) of this section
unless:
(a)
The child or ward is being cared for by a relative and that placement
is intended to be permanent;
(b)
There is a compelling reason, which is documented in the case plan, for
determining that filing such a petition would not be in the best interests
of the child or ward. Such compelling reasons include, but are not limited
to:
(A)
The parent is successfully participating in services that will make it
possible for the child or ward to safely return home within a reasonable
time as provided in ORS 419B.476 (5)(c);
(B)
Another permanent plan is better suited to meet the health and safety
needs of the child or ward; or
(C)
The court or local citizen review board in a prior hearing or review determined
that while the case plan was to reunify the family the department did
not make reasonable efforts or, if the Indian Child Welfare Act [FN1]
applies, active efforts to make it possible for the child or ward to safely
return home; or
(c)
The department has not provided to the family of the child or ward, consistent
with the time period in the case plan, such services as the department
deems necessary for the child or ward to safely return home, if reasonable
efforts to make it possible for the child or ward to safely return home
are required to be made with respect to the child or ward.
Laws
1999, c. 859, § 21; Laws 2001, c. 686, § 17; Laws 2003, c. 396,
§ 82; Laws 2003, c. 544, § 2.
[FN1]
25 U.S.C.A. § 1901 et seq.
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