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]
Notes of Decisions
Dep't of Human Servs. v. T. L., 379 P.3d 741 (Marion Cty. Cir. Ct., O.R. 2016).
· cites it 5× “To comply with ASFA, the Oregon legislature enacted the permanency provisions of the dependency code, ORS 419B.470 to 419B.476. Or Laws 1999, ch 859; T.”
Dep't of Human Servs. v. T.L., 403 P.3d 488 (Or. Ct. App. 2017).
· cites it 2× “ORS 419B.470(2). Changes to permanency plans are governed by ORS 419B.”
State Ex Rel. Dep't of Human Servs. v. Shugars, 145 P.3d 354 (Or. Ct. App. 2006).
· cites it 3× “ORS 419B.470 - 419B.476. Both parents contend that the evidence does not support changing the permanency plan for K from reunification to adoption.”
Dept. of Human Servs. v. W. C. T., 501 P.3d 44 (Or. Ct. App. 2021).
· cites it 2× “ORS 419B.470(2). At the request of DHS, parents, or child, the permanency hear- ing shall be held at any time—thus potentially sooner than 12 months.”
Dep't of Human Servs. v. S.J.M. (In re L.B.M.), 430 P.3d 1021 (Or. 2018).
“The juvenile court held a permanency hearing in early 2016 in accordance with the time requirements in ORS 419B.470(2). At that hearing, the court heard testimony from AJB, the DHS caseworker, and various service providers who had worked with mother, AJB, and the children.”
Dep't of Human Servs. v. S. J. K. (In re S. R. K.), 439 P.3d 578 (Or. Ct. App. 2019).
· cites it 3× “" ORS 419B.470(6). Thus, to the extent that father elected not to make a case about the compelling reasons that might counsel against a plan of adoption because of our decision in S.”
Dep't of Human Servs. v. T. L., 369 P.3d 1159 (Or. 2016).
“Permanency proceedings are governed by ORS 419B.470 to 419B.476. Those provisions were enacted in response to Congress’s passage of the Adoption and Safe Families Act of 1997 (ASEA), which establishes a number of requirements for state foster care and juvenile court systems,…”
State ex rel. Juv. Dep't v. Risland, 51 P.3d 697 (Or. Ct. App. 2002).
· cites it 5× “340(5); ORS 419B.470 to ORS 419B.476. Mother separately argues that the order unlawfully deprived her of her parental rights.”
State Ex Rel. Juv. Dept. v. Risland, 51 P.3d 697 (Or. Ct. App. 2002).
· cites it 5× “340(5); ORS 419B.470 to ORS 419B.476. Mother separately argues that the order unlawfully deprived her of her parental rights.”
Dep't of Human Servs. v. N. T., 271 P.3d 143 (Or. Ct. App. 2012).
“” ORS 419B.470(2). If, at the time of the hearing, the case plan is to reunify the family, the court must determine whether DHS has made “reasonable efforts” and whether the parent has made “sufficient progress” to make it possible for the child to safely return home.”
— Or. Rev. Stat. § 419B.470(1) — 2 cases
State ex rel. Juv. Dep't v. Risland, 51 P.3d 697 (Or. Ct. App. 2002).
“340(5); ORS 419B.470 to ORS 419B.476. Mother separately argues that the order unlawfully deprived her of her parental rights.”
State Ex Rel. Juv. Dept. v. Risland, 51 P.3d 697 (Or. Ct. App. 2002).
“340(5); ORS 419B.470 to ORS 419B.476. Mother separately argues that the order unlawfully deprived her of her parental rights.”
— Or. Rev. Stat. § 419B.470(2) — 28 cases
Dep't of Human Servs. v. S.J.M. (In re L.B.M.), 430 P.3d 1021 (Or. 2018).
“The juvenile court held a permanency hearing in early 2016 in accordance with the time requirements in ORS 419B.470(2). At that hearing, the court heard testimony from AJB, the DHS caseworker, and various service providers who had worked with mother, AJB, and the children.”
Dep't of Human Servs. v. T. L., 379 P.3d 741 (Marion Cty. Cir. Ct., O.R. 2016).
“To comply with ASFA, the Oregon legislature enacted the permanency provisions of the dependency code, ORS 419B.470 to 419B.476. Or Laws 1999, ch 859; T.”
Dept. of Human Servs. v. W. C. T., 501 P.3d 44 (Or. Ct. App. 2021).
“ORS 419B.470(2). At the request of DHS, parents, or child, the permanency hear- ing shall be held at any time—thus potentially sooner than 12 months.”
— Or. Rev. Stat. § 419B.470(4) — 4 cases
State Ex Rel. Dep't of Human Servs. v. Shugars, 145 P.3d 354 (Or. Ct. App. 2006).
“ORS 419B.470 - 419B.476. Both parents contend that the evidence does not support changing the permanency plan for K from reunification to adoption.”
State ex rel. Juv. Dep't v. Risland, 51 P.3d 697 (Or. Ct. App. 2002).
“340(5); ORS 419B.470 to ORS 419B.476. Mother separately argues that the order unlawfully deprived her of her parental rights.”
State Ex Rel. Juv. Dept. v. Risland, 51 P.3d 697 (Or. Ct. App. 2002).
“340(5); ORS 419B.470 to ORS 419B.476. Mother separately argues that the order unlawfully deprived her of her parental rights.”
— Or. Rev. Stat. § 419B.470(5) — 11 cases
Dep't of Human Servs. v. T. L., 379 P.3d 741 (Marion Cty. Cir. Ct., O.R. 2016).
“To comply with ASFA, the Oregon legislature enacted the permanency provisions of the dependency code, ORS 419B.470 to 419B.476. Or Laws 1999, ch 859; T.”
— Or. Rev. Stat. § 419B.470(6) — 15 cases
Dep't of Human Servs. v. S. J. K. (In re S. R. K.), 439 P.3d 578 (Or. Ct. App. 2019).
“" ORS 419B.470(6). Thus, to the extent that father elected not to make a case about the compelling reasons that might counsel against a plan of adoption because of our decision in S.”
Dept. of Human Servs. v. W. C. T., 501 P.3d 44 (Or. Ct. App. 2021).
“ORS 419B.470(2). At the request of DHS, parents, or child, the permanency hear- ing shall be held at any time—thus potentially sooner than 12 months.”
— Or. Rev. Stat. § 419B.470(7) — 4 cases
— Or. Rev. Stat. § 419B.470(8) — 1 case
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