419B.449
Review hearing by court; findings.
(1) Upon receiving any report required by ORS 419B.440, the court may hold a
hearing to review the child or ward’s condition and circumstances and to
determine if the court should continue jurisdiction and wardship or order
modifications in the care, placement and supervision of the child or ward. The
court shall hold a hearing:
(a) In all cases
under ORS 419B.440 (1)(b)(B) when the parents’ rights have been terminated;
(b) If requested
by the child or ward, the attorney for the child or ward, if any, the parents
or the public or private agency having guardianship or legal custody of the
child or ward within 30 days of receipt of the notice provided in ORS 419B.452;
(c) Not later
than six months after receipt of a report made under ORS 419B.440 (1)(a) on a
ward who is in the legal custody of the Department of Human Services pursuant
to ORS 419B.337 but who is placed 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;
(d) Within 30
days after receipt of a report made under ORS 419B.440 (1)(b)(C); or
(e) Within 10
days after receipt of a report made under ORS 419B.440 (1)(c).
(2) The court
shall conduct a hearing provided in subsection (1) of this section in the
manner provided in ORS 419B.310, except that the court may receive testimony
and reports as provided in ORS 419B.325. At the conclusion of the hearing, the
court shall enter findings of fact.
(3) If the child
or ward is in substitute care and the decision of the court is to continue the
child or ward in substitute care, the findings of the court shall specifically
state:
(a)(A) Why
continued care is necessary as opposed to returning the child or ward home or
taking prompt action to secure another permanent placement; and
(B) The expected
timetable for return or other permanent placement.
(b) Whether the
agency having guardianship or legal custody of the child or ward has made
diligent efforts to place the child or ward pursuant to ORS 419B.192.
(c) The number of
placements made, schools attended, face-to-face contacts with the assigned case
worker and visits had with parents or siblings since the child or ward has been
in the guardianship or legal custody of the agency and whether the frequency of
each of these is in the best interests of the child or ward.
(d) For a child
or ward 14 years of age or older, whether the child or ward is progressing
adequately toward graduation from high school and, if not, the efforts that
have been made by the agency having custody or guardianship to assist the child
or ward to graduate.
(e) For a ward 16
years of age or older with a permanency plan of another planned permanent
living arrangement, the steps the department is taking to ensure that:
(A) The ward’s
substitute care provider is following the reasonable and prudent parent
standard; and
(B) The ward has
regular, ongoing opportunities to engage in age-appropriate or developmentally
appropriate activities, including consultation with the ward in an
age-appropriate manner about the opportunities the ward has to participate in
the activities.
(4) If the ward
is in the legal custody of the department but has been placed in the physical
custody of the 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, and the
decision is to continue the ward in the legal custody of the department and the
physical custody of the parent or guardian, the findings of the court shall specifically
state:
(a) Why it is
necessary and in the best interests of the ward to continue the ward in the
legal custody of the department; and
(b) The expected
timetable for dismissal of the department’s legal custody of the ward and
termination of the wardship.
(5) If the child
or ward is an Indian child and the child or ward is in the legal custody of the
department but has been placed in the physical custody of the parent or a
person who was appointed the child’s or ward’s legal guardian prior to
placement of the child or ward in the legal custody of the department, the
court may order that the child or ward be placed in the physical custody of a
substitute care provider only after making all of the inquiry, notice and findings
required under ORS 419B.305 and 419B.310.
(6) In making the
findings under subsection (2) of this section, the court shall consider the
efforts made to develop the concurrent case plan, including, but not limited
to, identification of appropriate permanent placement options for the child or
ward both inside and outside this state and, if adoption is the concurrent case
plan, identification and selection of a suitable adoptive placement for the
child or ward.
(7)(a) If the
child or ward is an Indian child, the findings of the court shall specifically
state whether the department has provided active efforts to reunify the Indian
child with the Indian child’s parent or Indian custodian.
(b) If the court
finds that active efforts have not been provided, the court shall order that
the Indian child be immediately returned to the Indian child’s parent.
(c)
Notwithstanding paragraph (b) of this subsection, if the court finds that
returning the Indian child to the Indian child’s parent will result in
substantial and immediate danger or threat of danger to the Indian child, the
court shall:
(A) Determine the
period of time during which active efforts were not provided;
(B) Order the
department to provide those services necessary for the provision of active
efforts;
(C) Order the
department to continue placement of the Indian child pursuant to the placement
preferences under ORS 419B.654; and
(D) Order the
department to continue to foster relationships with any individuals identified
by the department as long-term placement resources meeting the placement
preferences under ORS 419B.654.
(8) In addition
to findings of fact required by subsection (2) of this section, the court may
order the department to consider additional information in developing the case
plan or concurrent case plan.
(9) Any final
decision of the court made pursuant to the hearing provided in subsection (1)
of this section is appealable under ORS 419A.200. [1993 c.33 §132; 1999 c.568 §1;
2001 c.480 §8; 2001 c.910 §4; 2003 c.396 §77; 2007 c.610 §4; 2007 c.611 §7;
2007 c.806 §9; 2015 c.254 §4; 2015 c.795 §10; 2020 s.s.1 c.14 §46; 2021 c.398 §73]
Notes of Decisions
Dep't of Human Servs. v. A. R. S., 310 P.3d 1186 (Or. Ct. App. 2013).
· cites it 6× “At that hearing, child moved to dismiss jurisdiction and objected to “removing” him from the United States.”
State ex rel. Dep't of Human Servs. v. M. A., 205 P.3d 36 (Or. Ct. App. 2009).
· cites it 5× “However, mother does not argue that the court erred by failing to make the findings required by ORS 419B.449 at the conclusion of the hearing in this case.”
State ex rel. Juv. Dep't v. Vockrodt, 934 P.2d 620 (Or. Ct. App. 1997).
· cites it 5× “” The hearing in this case was a hearing under ORS 419B.449(1), and therefore, under ORS 419B.”
Dep't of Human Servs. v. D. D., 241 P.3d 1177 (Or. Ct. App. 2010).
· cites it 4× “” ORS 419B.449 provides, in part: “(2) The court shall conduct a hearing provided in subsection (1) of this section in the manner provided in ORS 419B.”
Dep't of Human Servs. v. J. G., 244 P.3d 385 (Or. Ct. App. 2010).
· cites it 5× “’s appeal concerns an order entered after a review hearing held pursuant to ORS 419B.449. In that order, the juvenile court also scheduled a permanency hearing for May 19, 2010.”
Dep't of Human Servs. v. T. L., 379 P.3d 741 (Marion Cty. Cir. Ct., O.R. 2016).
“ORS 419B.449(1) (providing for review hearing for court “to review the child or ward’s condition and circumstances and to determine if the court should continue jurisdiction and wardship or order modifications in the care, placement and supervision of the child or ward”).”
State ex rel. Dep't of Human Servs. v. J. N., 200 P.3d 615 (Or. Ct. App. 2009).
· cites it 7× “476(2)(d) provides that, at a permanency hearing, the court is required to, among other things, “[m]ake the findings of fact under ORS 419B.449(2).” That statute, in turn, provides that, “[a]t the conclusion of the [permanency] hearing, the court shall enter findings of fact.”
Dept. of Human Servs. v. T. J. N., 323 Or. App. 258 (Or. Ct. App. 2022).
· cites it 3× “325; hearings to review the child’s circumstances and to determine whether the court should continue jurisdiction or order changes in the child’s care, placement, and super- vision, ORS 419B.449; and permanency hearings, ORS 419B.”
Dep't of Human Servs. v. T. L. H. S. (In re J. M. S.), 425 P.3d 775 (Or. Ct. App. 2018).
“476(2)(d) (requiring the juvenile court, at a permanency hearing, to "[m]ake the findings of fact under ORS 419B.449(3)," which requires findings on a variety of topics); ORS 419C.”
Dep't of Human Servs. v. J. R. F., 273 P.3d 87 (Or. 2012).
· cites it 2× “*573 Eight months later, the juvenile court held a review hearing pursuant to ORS 419B.449, to determine whether it should continue its jurisdiction or order modifications to the care, placement, or supervision of D.”
State v. A. L. M., 220 P.3d 449 (Or. Ct. App. 2009).
· cites it 5× “ORS 419B.449(1) provides that a court shall “hold a hearing to review the child or ward’s condition and circumstances and to determine if the court should continue jurisdiction and wardship or order modifications in the care, placement and supervision of the child or ward,” in…”
— Or. Rev. Stat. § 419B.449(1) — 11 cases
Dep't of Human Servs. v. T. L., 379 P.3d 741 (Marion Cty. Cir. Ct., O.R. 2016).
“ORS 419B.449(1) (providing for review hearing for court “to review the child or ward’s condition and circumstances and to determine if the court should continue jurisdiction and wardship or order modifications in the care, placement and supervision of the child or ward”).”
Dep't of Human Servs. v. A. R. S., 310 P.3d 1186 (Or. Ct. App. 2013).
“At that hearing, child moved to dismiss jurisdiction and objected to “removing” him from the United States.”
State v. A. L. M., 220 P.3d 449 (Or. Ct. App. 2009).
“ORS 419B.449(1) provides that a court shall “hold a hearing to review the child or ward’s condition and circumstances and to determine if the court should continue jurisdiction and wardship or order modifications in the care, placement and supervision of the child or ward,” in…”
— Or. Rev. Stat. § 419B.449(1)(b) — 2 cases
State v. A. L. M., 220 P.3d 449 (Or. Ct. App. 2009).
“ORS 419B.449(1) provides that a court shall “hold a hearing to review the child or ward’s condition and circumstances and to determine if the court should continue jurisdiction and wardship or order modifications in the care, placement and supervision of the child or ward,” in…”
— Or. Rev. Stat. § 419B.449(1)(d) — 1 case
— Or. Rev. Stat. § 419B.449(2) — 17 cases
State ex rel. Dep't of Human Servs. v. M. A., 205 P.3d 36 (Or. Ct. App. 2009).
“However, mother does not argue that the court erred by failing to make the findings required by ORS 419B.449 at the conclusion of the hearing in this case.”
Dep't of Human Servs. v. D. D., 241 P.3d 1177 (Or. Ct. App. 2010).
“” ORS 419B.449 provides, in part: “(2) The court shall conduct a hearing provided in subsection (1) of this section in the manner provided in ORS 419B.”
State ex rel. Dep't of Human Servs. v. J. N., 200 P.3d 615 (Or. Ct. App. 2009).
“476(2)(d) provides that, at a permanency hearing, the court is required to, among other things, “[m]ake the findings of fact under ORS 419B.449(2).” That statute, in turn, provides that, “[a]t the conclusion of the [permanency] hearing, the court shall enter findings of fact.”
Dep't of Human Servs. v. A. R. S., 310 P.3d 1186 (Or. Ct. App. 2013).
“At that hearing, child moved to dismiss jurisdiction and objected to “removing” him from the United States.”
— Or. Rev. Stat. § 419B.449(3) — 7 cases
Dep't of Human Servs. v. T. L. H. S. (In re J. M. S.), 425 P.3d 775 (Or. Ct. App. 2018).
“476(2)(d) (requiring the juvenile court, at a permanency hearing, to "[m]ake the findings of fact under ORS 419B.449(3)," which requires findings on a variety of topics); ORS 419C.”
State ex rel. Dep't of Human Servs. v. J. N., 200 P.3d 615 (Or. Ct. App. 2009).
“476(2)(d) provides that, at a permanency hearing, the court is required to, among other things, “[m]ake the findings of fact under ORS 419B.449(2).” That statute, in turn, provides that, “[a]t the conclusion of the [permanency] hearing, the court shall enter findings of fact.”
Dep't of Human Servs. v. D. D., 241 P.3d 1177 (Or. Ct. App. 2010).
“” ORS 419B.449 provides, in part: “(2) The court shall conduct a hearing provided in subsection (1) of this section in the manner provided in ORS 419B.”
— Or. Rev. Stat. § 419B.449(3)(A) — 1 case
Dep't of Human Servs. v. A. R. S., 310 P.3d 1186 (Or. Ct. App. 2013).
“At that hearing, child moved to dismiss jurisdiction and objected to “removing” him from the United States.”
— Or. Rev. Stat. § 419B.449(3)(a)(A) — 1 case
— Or. Rev. Stat. § 419B.449(4) — 3 cases
State ex rel. Dep't of Human Servs. v. J. N., 200 P.3d 615 (Or. Ct. App. 2009).
“476(2)(d) provides that, at a permanency hearing, the court is required to, among other things, “[m]ake the findings of fact under ORS 419B.449(2).” That statute, in turn, provides that, “[a]t the conclusion of the [permanency] hearing, the court shall enter findings of fact.”
In Re Mn, 200 P.3d 615 (Or. Ct. App. 2009).
— Or. Rev. Stat. § 419B.449(4)(b) — 2 cases
State v. A. L. M., 220 P.3d 449 (Or. Ct. App. 2009).
“ORS 419B.449(1) provides that a court shall “hold a hearing to review the child or ward’s condition and circumstances and to determine if the court should continue jurisdiction and wardship or order modifications in the care, placement and supervision of the child or ward,” in…”
— Or. Rev. Stat. § 419B.449(5) — 1 case
— Or. Rev. Stat. § 419B.449(7) — 1 case
— Or. Rev. Stat. § 419B.449(l)(d) — 1 case
State v. A. L. M., 220 P.3d 449 (Or. Ct. App. 2009).
“ORS 419B.449(1) provides that a court shall “hold a hearing to review the child or ward’s condition and circumstances and to determine if the court should continue jurisdiction and wardship or order modifications in the care, placement and supervision of the child or ward,” in…”
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