reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.352 - Hospitalization; mental health examination.

The court may direct that the child or ward be examined or treated by a physician, psychiatrist, psychologist, physician assistant licensed under ORS 677.505 to 677.525, naturopathic physician licensed under ORS chapter 685 or nurse practitioner licensed under ORS 678.375 to 678.390, or receive other special care or treatment in a hospital or other suitable facility. If the court determines that mental health examination and treatment should be provided by services delivered through the Department of Human Services, the department shall determine the appropriate placement or services in consultation with the court and other affected agencies. If an affected agency objects to the type of placement or services, the court shall determine the appropriate type of placement or service. During the examination or treatment of the child or ward, the department may, if appropriate, be appointed guardian of the child or ward. [1993 c.33 §113; 2001 c.900 §123; 2003 c.396 §62; 2014 c.45 §44; 2017 c.356 §44]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.354

[2019 c.619 §3; 2019 c.619 §3a; 2020 s.s.1 c.19 §§11a,11b; 2021 c.387 §3; 2021 c.489 §59; renumbered 418.322 in 2021]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.368 - Review, modification or vacation of guardianship order.

(1) The court, on its own motion or upon the motion of a party and after such hearing as the court may direct, may review, modify or vacate a guardianship order.
(2) The court may modify a guardianship order if the court determines to do so would be in the ward’s best interests.
(3) The court may vacate a guardianship order, return the ward to the custody of a parent and make any other order the court is authorized to make under this chapter if the court determines that:
(a) It is in the ward’s best interests to vacate the guardianship;
(b) The conditions and circumstances giving rise to the establishment of the guardianship have been ameliorated; and
(c) The parent is presently able and willing to adequately care for the ward.
(4) The court may vacate a guardianship order after determining that the guardian is no longer willing or able to fulfill the duties of a guardian. Upon vacating a guardianship order under this subsection, the court shall conduct a hearing:
(a) Within 14 days, make written findings required in ORS 419B.185 (2) and (3)(d) and (e) and make any order directing disposition of the ward that the court is authorized to make under this chapter; and
(b) Pursuant to ORS 419B.476 within 90 days.
(5) In determining whether it is in the ward’s best interests to modify or vacate a guardianship, the court shall consider, but is not limited to considering:
(a) The ward’s emotional and developmental needs;
(b) The ward’s need to maintain existing attachments and relationships and to form attachments and relationships, including those with the birth family;
(c) The ward’s health and safety; and
(d) The ward’s wishes.
(6) In addition to service required under ORS 419B.851:
(a) A party filing a motion to vacate a guardianship shall serve the motion upon the Department of Human Services.
(b) A party filing a motion to terminate wardship under ORS 419B.328 shall serve the motion upon the department.
(7) Notwithstanding subsection (1) of this section, a parent may not move the court to vacate a guardianship once a guardianship is granted under ORS 419B.365.
(8) If a guardianship is established under ORS 419B.366 and 419B.371, the court shall conduct a court review not later than 60 days before the ward reaches 18 years of age. At the hearing, the court shall inform the ward that after reaching 18 years of age the ward may not be placed in substitute care in the legal custody of the department. [2003 c.229 §4; 2007 c.333 §4; 2007 c.806 §7; 2012 c.86 §3; 2020 s.s.1 c.14 §58; 2021 c.398 §72; 2023 c.125 §3]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.369 - Guardianship study; rules.

(1) When a ward is in the legal custody of the Department of Human Services, the department shall conduct a guardianship study of the proposed guardian’s home and provide a report to the court regarding the suitability of the proposed guardian and whether guardianship is in the ward’s best interests. The department shall adopt rules necessary to carry out the duties imposed by this subsection.
(2) When a ward is not in the legal custody of the department, the court may order the proposed guardian to obtain, at the proposed guardian’s expense, a guardianship study of the proposed guardian’s home and provide a report to the court regarding the suitability of the proposed guardian and whether guardianship is in the ward’s best interests. [2003 c.229 §5; 2007 c.333 §5]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.371 - Community guardianship.

(1) As used in this section:
(a) "Community guardian" means a child-caring agency licensed, certified or otherwise authorized under ORS 418.205 to 418.327 that is filing a motion for appointment as guardian of a ward under ORS 419B.366.
(b) "Community guardianship" means a guardianship granted under ORS 419B.366 to a community guardian.
(2) The court may appoint a community guardian and establish a community guardianship of a ward under ORS 419B.366 when, in addition to the requirements of ORS 419B.366:
(a) The ward is 16 years of age or older;
(b) The ward has spent three or more years in substitute care;
(c) The proposed community guardian has provided care or services to the ward under ORS 418.205 to 418.327 in the 12 months immediately preceding the filing of the motion for community guardianship;
(d) Except for another planned permanent living arrangement, there is no other appropriate permanency plan for the ward under ORS 419B.476 (5);
(e) The proposed community guardianship would include planning and guidance for the ward’s transition to successful adulthood, including needs and goals related to crisis intervention, housing, physical and mental health, education, employment, community connections and supportive relationships;
(f) The ward gives informed consent to the establishment of the community guardianship; and
(g) The ward has access to court-appointed counsel under ORS 419B.195.
(3) Informed consent of the ward under subsection (2)(f) of this section shall include:
(a) The ward’s written consent to information provided in writing to the ward by the court, the Department of Human Services or the proposed community guardian about the consequences of establishment of a community guardianship, including any loss of benefits currently being received or that may prospectively be provided to the ward if another permanency plan were ordered; and
(b) The ward’s written acknowledgment that the ward cannot be placed in substitute care in the legal custody of the Department of Human Services after reaching 18 years of age. [2012 c.86 §1; 2015 c.254 §8; 2016 c.106 §48]
Note:
419B.371 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 419B or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.372 - Guardianship as incident of custody.

(1) When the court grants legal custody to the Department of Human Services, it may also grant guardianship of the ward to the department, to remain in effect solely while the ward remains in the legal custody of the department.
(2) When the court grants legal custody to a private institution or agency or to a suitable person or entity, the court may grant guardianship of the ward to the private institution or agency to which the ward is committed or to the suitable person or entity if it appears necessary to do so in the interests of the ward.
(3) Unless guardianship is granted as provided in subsection (1) or (2) of this section, the court as an incident of its wardship has the duties and authority of the guardian as provided in ORS 419B.376 and 419B.379. [Formerly 419B.370]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.373 - Duties and authority of legal custodian.

A person, agency or institution having legal custody of a ward has the following duties and authority:
(1) To have physical custody and control of the ward.
(2) To supply the ward with food, clothing, shelter and incidental necessaries.
(3) To provide the ward with care, education and discipline.
(4) To authorize ordinary medical, dental, psychiatric, psychological, hygienic or other remedial care and treatment for the ward, and, in an emergency where the ward’s safety appears urgently to require it, to authorize surgery or other extraordinary care.
(5) To make such reports and to supply such information to the court as the court may from time to time require.
(6) To apply for any Social Security benefits, public assistance or medical assistance, as defined in ORS 414.025, to which the ward is otherwise entitled and, subject to ORS 409.265, to use the benefits or assistance to provide for the care of the ward. [1993 c.33 §115; 1993 c.367 §1; 2003 c.396 §65; 2013 c.688 §88; 2023 c.576 §3]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.376 - Duties and authority of guardian.

A person, agency or institution having guardianship of a ward by reason of appointment by the court has the duties and authority of a guardian of the ward, including but not limited to the following:
(1) To authorize surgery for the ward, but this authority does not prevent the person having legal custody of the ward from acting under ORS 419B.373 (4).
(2) To authorize the ward to enlist in the Armed Forces of the United States.
(3) To consent to the ward’s marriage.
(4) When the ward has been committed under ORS 419B.527, to consent to the adoption of the ward.
(5) To make other decisions concerning the ward of substantial legal significance.
(6) To make such reports and to supply such information to the court as the court may from time to time require. [1993 c.33 §116; 2003 c.396 §66]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.379 - Guardian is not conservator.

A person appointed guardian of the ward by the court is guardian only and not a conservator of the estate of the ward, unless that person is appointed conservator of the ward’s estate in a protective proceeding as provided in ORS chapter 125. [1993 c.33 §117; 1995 c.664 §94; 2003 c.396 §67]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.385 - Parent or guardian as party.

A parent or legal guardian of a ward, if such parent or guardian was served with summons under ORS 419B.812 to 419B.839 prior to the adjudication, is subject to the jurisdiction of the court for purposes of this section. The court may order the parent or guardian to assist the court in any reasonable manner in providing appropriate education or counseling for the ward. [1993 c.33 §118; 2001 c.622 §49; 2003 c.396 §68]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.387 - Parent participation in treatment or training.

If the court finds in an evidentiary hearing that treatment or training is needed by a parent to correct the circumstances that resulted in wardship or to prepare the parent to resume the care of the ward, the court may order the parent to participate in the treatment or training if the participation is in the ward’s best interests. [1993 c.546 §55 (enacted in lieu of 1993 c.33 §§119 and 120); 2003 c.396 §69]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.389 - Inability of parent to comply with order of court.

A parent who believes or claims that financial, health or other problems will prevent or delay the parent’s compliance with an order of the court must inform the court of the relevant circumstances as soon as reasonably possible and, if appropriate, seek relief from the order under ORS 419B.923. [2001 c.360 §3; 2003 c.315 §1]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.395 - Judgment of parentage or nonparentage.

(1) If in any proceeding under ORS 419B.100 or 419B.500 the juvenile court determines that the child or ward has fewer than two legal parents or that parentage is disputed as allowed in ORS 109.070, the court may enter a judgment of parentage or a judgment of nonparentage in compliance with the provisions of ORS 109.065, 109.070, 109.124 to 109.230, 109.250 to 109.262, 109.326 and 419B.609.
(2) Before entering a judgment under subsection (1) of this section, the court shall:
(a) Determine that the inquiry requirements under ORS 419B.636 (2), to determine whether the child is an Indian child, have been satisfied;
(b) Make a finding regarding whether the child is an Indian child, subject to the procedures under ORS 419B.636 (4); and
(c) Find that adequate notice and an opportunity to be heard was provided to:
(A) The parties to the proceeding;
(B) The person alleged or claiming to be the child or ward’s parent;
(C) The Administrator of the Division of Child Support of the Department of Justice or the branch office providing support services to the county in which the court is located; and
(D) If the child is an Indian child, the child’s Indian custodian and tribe, together with the notice of proceeding in the form required under ORS 419B.639 (2).
(3) When appropriate, the court shall inform a person before the court claiming to be the parent of a child or ward that parentage establishment services may be available through the administrator if the child or ward:
(a) Is a child born out of wedlock;
(b) Has not been placed for adoption; and
(c) Has fewer than two legal parents.
(4) As used in this section:
(a) "Administrator" has the meaning given that term in ORS 25.010.
(b) "Child born out of wedlock" has the meaning given that term in ORS 109.124.
(c) "Legal parent" has the meaning given that term in ORS 419A.004. [2005 c.160 §8; 2015 c.254 §10; 2015 c.795 §3; 2017 c.651 §42; 2021 c.398 §46; 2021 c.489 §60]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.400 - Authority to order support; collection.

(1) The court may, after a hearing on the matter, require the parents or other person legally obligated to support a child alleged to be within the jurisdiction of the court under ORS 419B.100 or a ward to pay toward the child or ward’s support such amounts at such intervals as the court may direct, even though the child or ward is over 18 years of age as long as the child or ward is a child attending school, as defined in ORS 107.108.
(2) At least 21 days before the hearing, the court shall notify the Administrator of the Division of Child Support of the Department of Justice, or the branch office providing support services to the county where the hearing will be held, of the hearing. Before the hearing the administrator shall inform the court, to the extent known:
(a) Whether there is pending in this state or any other jurisdiction any type of support proceeding involving the child or ward, including a proceeding brought under ORS 25.287, 25.501 to 25.556, 107.085, 107.135, 107.431, 108.110, 109.100, 109.103, 109.165 or 125.025 or ORS chapter 110; and
(b) Whether there exists in this state or any other jurisdiction a support order, as defined in ORS 110.503, involving the child or ward.
(3) The Judicial Department and the Department of Justice may enter into an agreement regarding how the courts give the notice required under subsection (2) of this section to the Department of Justice and how the Department of Justice gives the information described in subsection (2)(a) and (b) to the courts.
(4) The court, in determining the amount to be paid, shall use the scale and formula provided for in ORS 25.275 and 25.280. Unless otherwise ordered, the amounts so required to be paid shall be paid to the Department of Justice or the county clerk, whichever is appropriate, for transmission to the person, institution or agency having legal custody of the child or ward. [1993 c.33 §121; 1997 c.704 §§46,60; 2003 c.116 §16; 2003 c.396 §70a; 2015 c.298 §101; 2021 c.597 §72]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.402 - Support order is judgment; modification; satisfaction.

(1) Pursuant to ORS 18.035, the court shall ensure that any order for support entered pursuant to ORS 419B.400 is entered as a judgment.
(2) If a motion is filed to set aside, alter or modify a judgment described in subsection (1) of this section, the court may not set aside, alter or modify the judgment, or any portion of the judgment, to the extent that the set-aside, alteration or modification would affect moneys that accrued prior to the date the motion is served on the nonmoving party if the moneys that accrued are for minor children or the support of a party.
(3)(a) Notwithstanding subsection (2) of this section, when a judgment is entered terminating or relinquishing a parent’s parental rights, any child support arrears for that child owed to the State of Oregon by the parent are deemed satisfied as a matter of law.
(b) Nothing in subsection (2) of this section limits the authority of the court to deem satisfied any arrears under a judgment described in subsection (1) of this section owed to the State of Oregon by a parent. [1993 c.33 §122; 2003 c.576 §252; 2023 c.291 §5]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.404 - Support for child or ward in state financed or supported institution.

Any order for support entered pursuant to ORS 419B.400 for a child or ward in the care and custody of the Department of Human Services may be made contingent upon the child or ward residing in a state financed or supported residence, shelter or other facility or institution. A certificate signed by the Director of Human Services, the Administrator of the Division of Child Support or the administrator’s authorized representative shall be sufficient to establish such periods of residence and to satisfy the order for periods of nonresidence. [1993 c.33 §123; 2003 c.396 §71]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.406 - Assignment of support order to state.

When a child or ward is in the legal custody of the Department of Human Services and the child or ward is the beneficiary of an order of support in a judgment of dissolution or other order and the department is required to provide financial assistance for the care and support of the child or ward, the state is assignee of and subrogated to the child or ward’s proportionate share of the support obligation including sums that have accrued whether or not the support order or judgment provides for separate monthly amounts for the support of each of two or more children or wards or a single monthly gross payment for the benefit of two or more children or wards, up to the amount of assistance provided by the department. The assignment shall be as provided in ORS 412.024. [1993 c.33 §124; 1999 c.80 §76; 2003 c.73 §67; 2003 c.396 §72; 2003 c.572 §18; 2003 c.576 §448]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.408 - Enforcement of support order.

(1) An order of support entered pursuant to ORS 419B.400 may be enforced by execution or in the manner provided by law for the enforcement of a judgment granting an equitable remedy or by an order to withhold pursuant to ORS 25.372 to 25.427.
(2) No property of the child or ward’s parents, or either of them, or other person legally obligated to support the child or ward is exempt from levy and sale or other process to enforce collection of the amounts ordered by the court to be paid toward the support of the child or ward. [1993 c.33 §125; 1993 c.798 §31; 2003 c.396 §73]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.440 - Circumstances requiring reports; exceptions.

(1) Any public or private agency having guardianship or legal custody of a child or ward pursuant to court order shall file reports on the child or ward with the juvenile court that entered the original order concerning the child or ward or, when no such order exists, with the juvenile court of the county of the child or ward’s residence in the following circumstances:
(a) When the child or ward has been placed with the agency as a result of a court order and prior to, or as soon as practicable after the agency places the child or ward in any placement including, but not limited to, the child or ward’s home, shelter care, substitute care or a child care center, unless the court has previously received a report or treatment plan indicating the actual physical placement of the child or ward.
(b)(A) When the child or ward has been placed with the agency as the result of a court order and remains under agency care for six consecutive months from date of initial placement;
(B) When the child or ward has been surrendered for adoption or the parents’ rights have been terminated and the agency has not physically placed the child or ward for adoption or initiated adoption proceedings within six months of receiving the child or ward; and
(C) When the ward is in the legal custody of the Department of Human Services as provided in ORS 419B.337, but the ward has been placed for a period of six consecutive months in the physical custody of a parent or a person who was appointed the ward’s legal guardian prior to placement of the ward in the legal custody of the department.
(c) When the agency has removed or plans to remove a child or ward from a foster home as defined in ORS 418.625 that is certified under ORS 418.635 and the removal is for the purpose of placing the child or ward in a different substitute care placement, if:
(A) The child or ward has resided for 12 consecutive months or more in the foster home; or
(B) The child or ward resides or resided in the foster home pursuant to a permanent foster care agreement.
(2) An agency is not required to file a report under subsection (1)(c) of this section when:
(a) The removal of the child or ward was made following a founded allegation of abuse or neglect by the child’s or ward’s foster care provider;
(b) The removal was made to address an imminent threat to the health or safety of the child or ward pending completion of an investigation of reported abuse or neglect by the child’s or ward’s foster care provider;
(c) The agency has placed the child or ward with a person who has been selected by the department to be the adoptive parent, when the selection has become final after the expiration of any administrative or judicial review procedures under ORS chapter 183; or
(d) The removal was made at the request of the foster care provider. [1993 c.33 §129; 2003 c.396 §74; 2007 c.610 §1; 2015 c.795 §7]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.446 - Filing report.

(1) Notwithstanding the requirements under ORS 419B.440 that reports be filed with the court, any report after the initial report that is required by ORS 419B.443 on a child or ward whose case is being regularly reviewed by a local citizen review board shall be filed with that local citizen review board rather than the court.
(2) Notwithstanding subsection (1) of this section, all reports made under ORS 419B.440 (1)(b)(C) on wards in the legal custody of the Department of Human Services shall be filed with the court. [1993 c.33 §131; 2003 c.396 §76; 2007 c.610 §3; 2015 c.795 §9]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.452 - Distribution of report by court.

Except when a child or ward has been surrendered for adoption or the parents’ rights have been terminated, the court shall send a copy of the report required by ORS 419B.440 to the parents and shall notify the parents either that a hearing will be held or that the parents may request a hearing at which time they may ask for modifications in the care, treatment and supervision of the child or ward. If the court finds that informing the parents of the identity and location of the foster parents of the child or ward is not in the best interest of the child or ward, the court may order such information deleted from the report before sending the report to the parents. If the child is an Indian child, the court shall send a copy of the report to the Indian child’s tribe as required by the notice requirements under ORS 419B.639. [1993 c.33 §133; 1993 c.546 §126; 2003 c.396 §78; 2020 s.s.1 c.14 §59; 2021 c.398 §74]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.460 - Agency’s responsibility.

Where a child has been surrendered for adoption and the agency has not physically placed the child for adoption or initiated adoption proceedings within six months of receiving the child, the agency shall file a petition alleging that the child comes within the jurisdiction of the court. [1993 c.33 §134]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.470 - Permanency hearing; schedule.

(1) The court shall conduct a permanency hearing within 30 days after a judicial finding is made under ORS 419B.340 (5) if, based upon that judicial finding, the Department of Human Services determines that it will not make reasonable efforts to reunify the family.
(2) In all other cases when a child or ward is in substitute care, the court shall conduct a permanency hearing no later than 12 months after the ward was found within the jurisdiction of the court under ORS 419B.100 or 14 months after the child or ward was placed in substitute care, whichever is the earlier.
(3) If a ward is removed from court sanctioned permanent foster care, the department shall request and the court shall conduct a permanency hearing within three months after the date of the change in placement.
(4) If a ward has been surrendered for adoption or the parents’ rights have been terminated and the department has not physically placed the ward for adoption or initiated adoption proceedings within six months after the surrender or entry of an order terminating parental rights, the court shall conduct a permanency hearing within 30 days after receipt of the report required by ORS 419B.440 (1)(b)(B).
(5) If an order is entered reinstating parental rights under ORS 109.383 or 419B.532, the court shall conduct a permanency hearing within 60 days after entry of the order.
(6) Unless good cause otherwise is shown, the court shall also conduct a permanency hearing at any time upon the request of the department, an agency directly responsible for care or placement of the child or ward, parents whose parental rights have not been terminated, an attorney for the child or ward, a court appointed special advocate, a citizen review board, a tribal court or upon its own motion. The court shall schedule the hearing as soon as possible after receiving a request.
(7) After the initial permanency hearing conducted under subsection (1) or (2) of this section or any permanency hearing conducted under subsections (3) to (6) of this section, the court shall conduct subsequent permanency hearings not less frequently than once every 12 months for as long as the child or ward remains in substitute care.
(8) After the permanency hearing conducted under subsection (4) of this section, the court shall conduct subsequent permanency hearings at least every six months for as long as the ward is not physically placed for adoption or adoption proceedings have not been initiated.
(9) If a child returns to substitute care after a court’s previously established jurisdiction over the child has been dismissed or terminated, a permanency hearing shall be conducted no later than 12 months after the child is found within the jurisdiction of the court on a newly filed petition or 14 months after the child’s most recent placement in substitute care, whichever is the earlier. [1993 c.33 §135; 1993 c.546 §127; 1999 c.859 §14; 2001 c.686 §7; 2003 c.396 §79; 2007 c.806 §10; 2015 c.795 §11; 2018 c.89 §3; 2021 c.398 §34]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.473 - Notice; appearance.

(1) The court may order that the child or ward or any other person be present during the hearing.
(2) The court shall notify the parties listed in ORS 419B.470 and any other interested parties of the hearing. The notice shall state the time and place of the hearing. Upon request of the court, the Department of Human Services or other legal custodian of the child or ward shall provide the court with information concerning the whereabouts and identity of such parties. [1993 c.33 §136; 2003 c.396 §80]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.500 - Termination of parental rights generally.

(1) The parental rights of the parents of a ward may be terminated as provided in this section and ORS 419B.502 to 419B.524, only upon a petition filed by the state or the ward for the purpose of freeing the ward for adoption if the court finds it is in the best interests of the ward and, if the ward is an Indian child, that the parents’ continued custody of the Indian child, as described in ORS 419B.606, is likely to result in serious emotional or physical harm to the ward. The rights of one parent may be terminated without affecting the rights of the other parent.
(2) Upon the filing of a petition to terminate parental rights, the court shall make a finding, subject to the procedures under ORS 419B.636 (4), regarding whether there is reason to know that the ward is an Indian child. [1993 c.33 §138; 1993 c.546 §56; 1997 c.873 §6; 2003 c.396 §83; 2011 c.438 §5; 2020 s.s.1 c.14 §48; 2021 c.398 §62]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.502 - Termination upon finding of extreme conduct.

The rights of the parent or parents may be terminated as provided in ORS 419B.500 if the court finds that the parent or parents are unfit by reason of a single or recurrent incident of extreme conduct toward any child. In such case, no efforts need to be made by available social agencies to help the parent adjust the conduct in order to make it possible for the child or ward to safely return home within a reasonable amount of time. In determining extreme conduct, the court shall consider the following:
(1) Rape, sodomy or sex abuse of any child by the parent.
(2) Intentional starvation or torture of any child by the parent.
(3) Abuse or neglect by the parent of any child resulting in death or serious physical injury.
(4) Conduct by the parent to aid or abet another person who, by abuse or neglect, caused the death of any child.
(5) Conduct by the parent to attempt, solicit or conspire, 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.
(6) Previous involuntary terminations of the parent’s rights to another child if the conditions giving rise to the previous action have not been ameliorated.
(7) Conduct by the parent that knowingly exposes any child of the parent to the storage or production of methamphetamines from precursors. In determining whether extreme conduct exists under this subsection, the court shall consider the extent of the child or ward’s exposure and the potential harm to the physical health of the child or ward. [1993 c.33 §139; 1995 c.767 §1; 1997 c.873 §5; 1999 c.859 §16; 2001 c.575 §1; 2001 c.686 §23; 2003 c.396 §84]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.504 - Termination upon finding of unfitness.

The rights of the parent or parents may be terminated as provided in ORS 419B.500 if the court finds that the parent or parents are unfit by reason of conduct or condition seriously detrimental to the child or ward and integration of the child or ward into the home of the parent or parents is improbable within a reasonable time due to conduct or conditions not likely to change. In determining such conduct and conditions:
(1) The court shall consider but is not limited to the following:
(a) Conduct toward any child of an abusive, cruel or sexual nature.
(b) Addictive or habitual use of intoxicating liquors, cannabis or controlled substances to the extent that parental ability has been substantially impaired.
(c) Physical neglect of the child or ward.
(d) Lack of effort of the parent to adjust the circumstances of the parent, conduct, or conditions to make it possible for the child or ward to safely return home within a reasonable time or failure of the parent to effect a lasting adjustment after reasonable efforts by available social agencies for such extended duration of time that it appears reasonable that no lasting adjustment can be effected.
(e) Criminal conduct that impairs the parent’s ability to provide adequate care for the child or ward.
(f) A mental health condition of the parent of such nature and duration as to render the parent incapable of providing proper care for the child or ward for extended periods of time.
(2) The court may not consider a parent’s disability, as that term is defined in the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), unless the parent’s conduct related to the disability is of such nature and duration as to render the parent incapable of providing proper care for the child or ward for extended periods of time. [1993 c.33 §140; 1997 c.873 §7; 2001 c.686 §24; 2003 c.396 §85; 2007 c.70 §199; 2017 c.21 §56; 2018 c.74 §1]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.506 - Termination upon finding of neglect.

The rights of the parent or parents may be terminated as provided in ORS 419B.500 if the court finds that the parent or parents have failed or neglected without reasonable and lawful cause to provide for the basic physical and psychological needs of the child or ward for six months prior to the filing of a petition. In determining such failure or neglect, the court shall disregard any incidental or minimal expressions of concern or support and shall consider but is not limited to one or more of the following:
(1) Failure to provide care.
(2) Failure to maintain regular visitation or other contact with the child or ward that was designed and implemented in a plan to reunite the child or ward with the parent.
(3) Failure to contact or communicate with the child or ward or with the custodian of the child or ward. In making this determination, the court may disregard incidental visitations, communications or contributions. [1993 c.33 §141; 1997 c.873 §8; 2003 c.396 §86; 2023 c.291 §6]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.508 - Termination upon finding of abandonment.

The rights of the parent or parents may be terminated as provided in ORS 419B.500 if the court finds that the parent or parents have abandoned the child or ward or the child or ward was left under circumstances such that the identity of the parent or parents of the child or ward was unknown and could not be ascertained, despite diligent searching, and the parent or parents have not come forward to claim the child or ward within three months following the finding of the child or ward. [1993 c.33 §142; 2003 c.396 §87]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.510 - Termination upon finding child conceived as result of rape.

(1) The rights of the parent may be terminated as provided in ORS 419B.500 if the court finds that the child or ward was conceived as the result of an act that led to the parent’s conviction for rape under ORS 163.365 or 163.375 or other comparable law of another jurisdiction.
(2) Termination of parental rights under subsection (1) of this section does not relieve the parent of any obligation to pay child support.
(3) Termination of parental rights under subsection (1) of this section is an independent basis for termination of parental rights and the court need not make any of the considerations or findings described in ORS 419B.502, 419B.504, 419B.506 or 419B.508. [2011 c.438 §2]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.517 - Mediation to be encouraged.

(1) The use of mediation shall be encouraged in cases involving:
(a) A parent or guardian in a juvenile dependency proceeding in which the child is taken into protective custody or placed in substitute care; or
(b) The termination of parental rights.
(2) If the child or ward is an Indian child, prior to hearing a petition for guardianship under ORS 419B.365 or 419B.366, or termination of parental rights under ORS 419B.500, the court shall offer to order mediation through the Department of Human Services, or, if there is mutual party agreement to private mediation and party assumption of costs, through other mediation services between the Indian child’s parents, the Indian child’s tribe and the proposed guardian or, if the hearing is for the termination of parental rights, the proposed adoptive placement. [1995 c.767 §4; 2005 c.656 §1; 2020 s.s.1 c.14 §39; 2021 c.398 §63]
Note:
419B.517 was added to and made a part of ORS chapter 419B by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.518 - Appointment of counsel for parents.

(1) If the parents are determined to be financially eligible, and request the assistance of appointed counsel, the court shall appoint an attorney to represent them at state expense. Appointment of counsel under this section is subject to ORS 135.055, 151.216 and 151.219.
(2) The court may not substitute one appointed counsel for another except pursuant to the policies, procedures, standards and guidelines adopted under ORS 151.216. [1993 c.33 §144; 2001 c.962 §55; 2005 c.449 §4]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.524 - Effect of termination order.

(1) Except as provided in ORS 109.382, 109.383, 419B.532 or 419B.651, unless there is an appeal from the order terminating the rights of the parent or parents, the order permanently terminates all rights of the parent or parents whose rights are terminated and the parent or parents have no standing to appear as such in any legal proceeding concerning the ward.
(2) A parent who is the subject of an order restoring parental rights under ORS 109.382 or 419B.651 may assert that the parental rights were never terminated without incurring a penalty for perjury or false swearing under the laws of the state. [1993 c.33 §146; 2003 c.396 §89; 2018 c.89 §4; 2021 c.398 §35]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.527 - Disposition of ward after termination.

(1) After the entry of an order terminating the rights of the parent or parents of the ward, the court may:
(a) Place the ward in the legal custody and guardianship of a public or private institution or agency authorized to consent in loco parentis to the adoption of children. An order pursuant to this paragraph is a "permanent commitment" for the purposes of ORS 109.118, 109.268, 109.301 to 109.330 and 109.350 to 109.390; or
(b) Make any order directing disposition of the ward that it is empowered to make under this chapter.
(2) If the rights of only one parent have been terminated, the authority to consent to the adoption of the ward as provided in subsection (1)(a) of this section is effective only with respect to the parent whose rights have been terminated. [1993 c.33 §147; 2003 c.396 §90; 2013 c.346 §13]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.530 - Representation by Attorney General.

(1) Whenever a juvenile court has before it an action to terminate parental rights, the juvenile court or the Department of Human Services may request the services of the Attorney General.
(2) Whenever an action to terminate parental rights is before a juvenile court pursuant to ORS 419B.500, 419B.502, 419B.504, 419B.506 and 419B.508, the Attorney General shall have the same authority to assist the court as is granted to the district attorney under ORS 8.685. [1993 c.33 §148]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.550 - Definitions for ORS 419B.550 to 419B.558.

As used in ORS 419B.550 to 419B.558:
(1) "Domicile" of a minor means the legal residence or domicile of the custodial parent or guardian.
(2) "Emancipation" means conferral of certain rights of majority upon a minor, as enumerated in ORS 419B.552.
(3) "Minor" means a person under the age of 18 years.
(4) "Parent" means legal guardian or custodian, natural parent or adoptive parent if the minor has been legally adopted.
(5) Notwithstanding subsection (1) of this section, if a minor is subject to the jurisdiction of the juvenile court pursuant to ORS 419B.100 or 419C.005, the domicile of that minor shall be that of the court which has jurisdiction. [1993 c.546 §133]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.552 - Application for emancipation judgment; effect of judgment.

(1) A juvenile court, upon the written application of a minor who is domiciled within the jurisdiction of such court, is authorized to enter a judgment of emancipation in the manner provided in ORS 419B.558. A judgment of emancipation shall serve only to:
(a) Recognize the minor as an adult for the purposes of contracting and conveying, establishing a residence, suing and being sued, and making a will, and recognize the minor as an adult for purposes of the criminal laws of this state.
(b) Terminate as to the parent and child relationship the provisions of ORS 109.010 until the child reaches the age of majority.
(c) Terminate as to the parent and child relationship the provisions of ORS 108.045, 109.100, 419B.373, 419B.400, 419B.402, 419B.404, 419B.406, 419B.408 and 419C.550.
(2) A judgment of emancipation shall not affect any age qualification for purchasing alcoholic liquor, the requirements for obtaining a marriage license, nor the minor’s status under ORS 109.510. [1993 c.546 §134; 2003 c.576 §450; 2015 c.387 §33; 2021 c.597 §73]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.555 - Hearing; notice to parent; duty to advise minor of liabilities of emancipated person; filing fee.

(1) The juvenile court shall conduct a preliminary hearing on the minor’s application for emancipation within 10 days of the date on which it is filed or as soon as possible thereafter. At the time of the preliminary hearing, the court may issue a temporary custody order, stay any pending proceedings or enter any other temporary order appropriate to the circumstances. No action of the court pursuant to this subsection may be extended beyond the date set for a final hearing.
(2) The final hearing shall be held no later than 60 days or as soon as possible after the date on which the application is filed.
(3) Notice to the parent or parents of the applicant shall be made pursuant to ORS 419B.812 to 419B.839.
(4) At the preliminary hearing, the court shall advise the minor of the civil and criminal rights and civil and criminal liabilities of an emancipated minor. This advice shall be recited in the judgment of emancipation.
(5) The hearing mentioned in subsection (2) of this section may be waived by the minor and parent or parents.
(6) The filing fee established under ORS 21.135 shall be charged and collected by the court for each application for emancipation. [1993 c.546 §135; 1997 c.801 §33; 2001 c.622 §51; 2003 c.576 §451; 2003 c.737 §§68,69; 2005 c.702 §§81,82,83; 2011 c.595 §64]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.558 - Entry of judgment of emancipation.

(1) The juvenile court in its discretion may enter a judgment of emancipation where the minor is at least 16 years of age and the court finds that the best interests of the minor will be served by emancipation. In making its determination, the court shall take into consideration the following factors:
(a) Whether the parent of the minor consents to the proposed emancipation;
(b) Whether the minor has been living away from the family home and is substantially able to be self-maintained and self-supported without parental guidance and supervision; and
(c) Whether the minor can demonstrate to the satisfaction of the court that the minor is sufficiently mature and knowledgeable to manage the minor’s affairs without parental assistance.
(2) Upon entry of a judgment of emancipation by the court, the applicant shall be given a copy of the judgment. The judgment shall instruct that the applicant obtain an Oregon driver’s license or an Oregon identification card through the Department of Transportation and that the Department of Transportation make a notation of the minor’s emancipated status on the license or identification card.
(3) An emancipated minor shall be subject to the jurisdiction of the adult courts for all criminal offenses. [1993 c.546 §136; 2003 c.576 §452]