419B.343
Recommendations of committing court; case planning; plan contents. (1) To ensure effective planning
for wards, the Department of Human Services shall take into consideration
recommendations and information provided by the committing court before
placement in any facility. The department shall ensure that the case planning
in any case:
(a) For the
reunification of the family bears a rational relationship to the jurisdictional
findings that brought the ward within the court’s jurisdiction under ORS
419B.100;
(b) Incorporates
the perspective of the ward and the family and, whenever possible, allows the
family to assist in designing its own service programs, based on an assessment
of the family’s needs and the family’s solutions and resources for change; and
(c) Is integrated
with other agencies in cooperation with the caseworkers.
(2) Except in
cases when the plan is something other than to reunify the family, the
department shall include in the case plan:
(a) Appropriate
services to allow the parent the opportunity to adjust the parent’s
circumstances, conduct or conditions to make it possible for the ward to safely
return home within a reasonable time; and
(b) A concurrent
permanent plan to be implemented if the parent is unable or unwilling to adjust
the parent’s circumstances, conduct or conditions in such a way as to make it
possible for the ward to safely return home within a reasonable time.
(3) For a ward 14
years of age or older, the department shall ensure that:
(a) Case planning
for the ward addresses the ward’s needs and goals for a transition to
successful adulthood, including needs and goals related to housing, physical
and mental health, education, employment, community connections and supportive
relationships; and
(b) The ward’s
case plan includes a document that describes the rights of the ward as
specified in ORS 418.201 and a signed acknowledgment by the ward that the ward
has been provided with a copy of the document and that rights contained in the
document have been explained to the ward in an age-appropriate manner.
(4) The case plan
for a ward in substitute care must include the health and education records of
the ward, including the most recent information available regarding:
(a) The names and
addresses of the ward’s health and education providers;
(b) The grade
level of the ward’s academic performance;
(c) The ward’s
school record;
(d) Whether the
ward’s placement takes into account proximity to the school in which the ward
is enrolled at the time of placement;
(e) The ward’s
immunizations;
(f) Any known
medical problems of the ward;
(g) The ward’s
medications; and
(h) Any other
relevant health and education information concerning the ward that the
department determines is appropriate to include in the records. [1993 c.33 §110;
1995 c.770 §1; 1997 c.873 §13; 1999 c.859 §12; 2001 c.686 §15; 2003 c.396 §59;
2003 c.544 §3a; 2007 c.611 §5; 2015 c.254 §7]
Notes of Decisions
Dept. of Human Servs. v. W. C. T., 501 P.3d 44 (Or. Ct. App. 2021).
· cites it 31× “337(2) and ORS 419B.343 and holding that, although the allegations of jurisdiction did not involve a mental health issue, the psychological evaluation would aid DHS in assessing the father’s safety risk, given his conviction for riot and assault, and would help deter- mine what…”
Dept. of Human Servs. v. P. W., 460 P.3d 1044 (Or. Ct. App. 2020).
· cites it 4× “337(2) addresses the court’s authority to order DHS to provide services for children and parents, and ORS 419B.343 addresses DHS’s obligations to also consider all information provided by the court in its case planning activ- ities.”
Dep't of Human Servs. v. A. F. (In re D. G.), 433 P.3d 459 (Or. Ct. App. 2018).
· cites it 3× “Further, ORS 419B.343(1)(a) requires DHS to ensure that its case planning for family reunification "bears a rational relationship" to the findings that brought the child within the court's jurisdiction.”
Dep't of Human Servs. v. K. L. R., 230 P.3d 49 (Or. Ct. App. 2010).
· cites it 2× “Because mother did not preserve that argument before the juvenile court in the disposition hearing, we decline to address it in this appeal, except to note that, unless a polygraph examination is a permitted aspect of treatment, training, or services under ORS 419B.343, ORS…”
State ex rel. Juv. Dep't v. G. L., 185 P.3d 483 (Or. Ct. App. 2008).
· cites it 5× “337(2) must be read in the context of ORS 419B.343, which requires that DHS’s case planning bear a rational relationship to the jurisdictional findings.”
Dep't of Human Servs. v. B.W., 275 P.3d 989 (Or. Ct. App. 2012).
· cites it 3× “The court noted further that a report in the record indicated that father had been disciplined while incarcerated due to negative behaviors, and found that that was another reason to require the psychological evaluation.”
State Ex Rel. State Off. for Servs. to Child. & Families v. Imus, 39 P.3d 213 (Or. Ct. App. 2002).
· cites it 2× “” 4 ORS 419B.343 provides, in part: “(1) To ensure effective planning for children, the State Office for Services to Children and Families shall take into consideration recommendations and information provided by the committing court before placement in any facility.”
State Ex Rel. Juv. Dep't v. Brown, 27 P.3d 502 (Or. Ct. App. 2001).
· cites it 2× “Assuming without deciding that ORS 419B.343(2j(a) is applicable, those services have been ongoing for more than a 12-month period, giving rise to the presumption that SCF’s alternate plan for permanent placement is appropriate.”
Dep't of Human Servs. v. D. L. H., 284 P.3d 1233 (Or. Ct. App. 2012).
“) Further, ORS 419B.343(1) requires DHS to “take into consideration recommendations and information provided by the committing court” before it places the child in any facility to ensure effective planning for the child.”
Dep't of Human Servs. v. D. L. H., 292 P.3d 565 (Or. Ct. App. 2012).
“See also OAR 413-040-0005(14) (defining a permanency plan as “a written course of action for achieving safe and lasting family resources for the child,” suggesting one active permanency plan at a time); ORS 419B.343(2)(b) (when the case plan is reunification, DHS shall include a…”
Dep't of Human Servs. v. S. M., 323 P.3d 947 (Or. 2014).
“When a juvenile court appoints DHS as a ward’s legal custodian, ORS chapter 419B contemplates that DHS will develop a case plan to ameliorate the problems that brought the ward within the court’s jurisdiction, ORS 419B.343; that DHS will “make reasonable efforts to make it…”
— Or. Rev. Stat. § 419B.343(1) — 10 cases
Dept. of Human Servs. v. W. C. T., 501 P.3d 44 (Or. Ct. App. 2021).
“337(2) and ORS 419B.343 and holding that, although the allegations of jurisdiction did not involve a mental health issue, the psychological evaluation would aid DHS in assessing the father’s safety risk, given his conviction for riot and assault, and would help deter- mine what…”
Dep't of Human Servs. v. D. L. H., 284 P.3d 1233 (Or. Ct. App. 2012).
“) Further, ORS 419B.343(1) requires DHS to “take into consideration recommendations and information provided by the committing court” before it places the child in any facility to ensure effective planning for the child.”
Dept. of Human Servs. v. P. W., 460 P.3d 1044 (Or. Ct. App. 2020).
“337(2) addresses the court’s authority to order DHS to provide services for children and parents, and ORS 419B.343 addresses DHS’s obligations to also consider all information provided by the court in its case planning activ- ities.”
— Or. Rev. Stat. § 419B.343(1)(A) — 1 case
Dept. of Human Servs. v. W. C. T., 501 P.3d 44 (Or. Ct. App. 2021).
“337(2) and ORS 419B.343 and holding that, although the allegations of jurisdiction did not involve a mental health issue, the psychological evaluation would aid DHS in assessing the father’s safety risk, given his conviction for riot and assault, and would help deter- mine what…”
— Or. Rev. Stat. § 419B.343(1)(a) — 9 cases
Dept. of Human Servs. v. W. C. T., 501 P.3d 44 (Or. Ct. App. 2021).
“337(2) and ORS 419B.343 and holding that, although the allegations of jurisdiction did not involve a mental health issue, the psychological evaluation would aid DHS in assessing the father’s safety risk, given his conviction for riot and assault, and would help deter- mine what…”
Dep't of Human Servs. v. A. F. (In re D. G.), 433 P.3d 459 (Or. Ct. App. 2018).
“Further, ORS 419B.343(1)(a) requires DHS to ensure that its case planning for family reunification "bears a rational relationship" to the findings that brought the child within the court's jurisdiction.”
Dept. of Human Servs. v. P. W., 460 P.3d 1044 (Or. Ct. App. 2020).
“337(2) addresses the court’s authority to order DHS to provide services for children and parents, and ORS 419B.343 addresses DHS’s obligations to also consider all information provided by the court in its case planning activ- ities.”
State Ex Rel. State Off. for Servs. to Child. & Families v. Imus, 39 P.3d 213 (Or. Ct. App. 2002).
“” 4 ORS 419B.343 provides, in part: “(1) To ensure effective planning for children, the State Office for Services to Children and Families shall take into consideration recommendations and information provided by the committing court before placement in any facility.”
— Or. Rev. Stat. § 419B.343(2) — 4 cases
Dept. of Human Servs. v. P. W., 460 P.3d 1044 (Or. Ct. App. 2020).
“337(2) addresses the court’s authority to order DHS to provide services for children and parents, and ORS 419B.343 addresses DHS’s obligations to also consider all information provided by the court in its case planning activ- ities.”
Dep't of Human Servs. v. K. L. R., 230 P.3d 49 (Or. Ct. App. 2010).
“Because mother did not preserve that argument before the juvenile court in the disposition hearing, we decline to address it in this appeal, except to note that, unless a polygraph examination is a permitted aspect of treatment, training, or services under ORS 419B.343, ORS…”
— Or. Rev. Stat. § 419B.343(2)(a) — 1 case
State Ex Rel. Juv. Dep't v. Brown, 27 P.3d 502 (Or. Ct. App. 2001).
“Assuming without deciding that ORS 419B.343(2j(a) is applicable, those services have been ongoing for more than a 12-month period, giving rise to the presumption that SCF’s alternate plan for permanent placement is appropriate.”
— Or. Rev. Stat. § 419B.343(2)(b) — 3 cases
Dep't of Human Servs. v. D. L. H., 292 P.3d 565 (Or. Ct. App. 2012).
“See also OAR 413-040-0005(14) (defining a permanency plan as “a written course of action for achieving safe and lasting family resources for the child,” suggesting one active permanency plan at a time); ORS 419B.343(2)(b) (when the case plan is reunification, DHS shall include a…”
— Or. Rev. Stat. § 419B.343(4) — 2 cases
— Or. Rev. Stat. § 419B.343(l)(a) — 4 cases
State ex rel. Juv. Dep't v. G. L., 185 P.3d 483 (Or. Ct. App. 2008).
“337(2) must be read in the context of ORS 419B.343, which requires that DHS’s case planning bear a rational relationship to the jurisdictional findings.”
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