http://www.leg.state.or.us/09reg/measures/hb2800.dir/hb2897.intro.html

75th OREGON LEGISLATIVE ASSEMBLY–2009 Regular Session

NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { – braces and minus
signs – } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .

LC 2448

House Bill 2897

Sponsored by Representative WHISNANT, Senator KRUSE;
Representatives BENTZ, BRUUN, CAMERON, ESQUIVEL, FREEMAN,
GARRARD, GILLIAM, HANNA, HUFFMAN, JENSON, KRIEGER, MAURER,
RICHARDSON, G SMITH, SPRENGER, THOMPSON, WEIDNER, WINGARD,
Senators BOQUIST, TELFER

SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor’s
brief statement of the essential features of the measure as
introduced.

Requires court to make written findings regarding preference
for and placement of child or ward with relatives and persons
with caregiver relationship.

A BILL FOR AN ACT
Relating to placement of children in protective custody; creating
new provisions; and amending ORS 419B.185.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 419B.185 is amended to read:
419B.185. (1) When a child or ward is taken, or is about to be
taken, into protective custody pursuant to ORS 419B.150,
419B.160, 419B.165, 419B.168 and 419B.171 and placed in detention
or shelter care, a parent, child or ward shall be given the
opportunity to present evidence to the court at the hearings
specified in ORS 419B.183, and at any subsequent review hearing,
that the child or ward can be returned home without further
danger of suffering physical injury or emotional harm,
endangering or harming others, or not remaining within the reach
of the court process prior to adjudication. At the hearing:
(a) The court shall make written findings as to whether the
Department of Human Services has made reasonable efforts or, if
the Indian Child Welfare Act applies, active efforts to prevent
or eliminate the need for removal of the child or ward from the
home and to make it possible for the child or ward to safely
return home. When the court finds that no services were provided
but that reasonable services would not have eliminated the need
for protective custody, the court shall consider the department
to have made reasonable efforts or, if the Indian Child Welfare
Act applies, active efforts to prevent or eliminate the need for
protective custody. The court shall include in the written
findings a brief description of the preventive and reunification
efforts made by the department.
(b) In determining whether a child or ward shall be removed or
continued out of home, the court shall consider whether the
provision of reasonable services can prevent or eliminate the
need to separate the family.

(c) In determining whether the department has made reasonable
efforts or, if the Indian Child Welfare Act applies, active
efforts to prevent or eliminate the need for removal of the child
or ward from the home and to make it possible for the child or
ward to safely return home, the court shall consider the child or
ward’s health and safety the paramount concerns.
(d) The court shall make a written finding in every order of
removal that describes why it is in the best interests of the
child or ward that the child or ward be removed from the home or
continued in care.
(e) When the court determines that a child or ward shall be
removed from the home or continued in care, the court shall make
written findings whether the department made diligent efforts
pursuant to ORS 419B.192. The court shall include in its written
findings { + :
(A) + } A brief description of the efforts made by the
department { + ;
(B) Whether the child or ward had relatives or persons with a
caregiver relationship available for placement under ORS
419B.192; and
(C) The reasons why the child or ward was not placed with
relatives or persons with a caregiver relationship if they were
available + }.
(f) The court shall determine whether the child or ward is an
Indian child as defined in ORS 419A.004 or in the applicable
State-Tribal Indian Child Welfare Agreement.
(g) The court may receive testimony, reports and other evidence
without regard to whether the evidence is admissible under ORS
40.010 to 40.210 and 40.310 to 40.585 if the evidence is relevant
to the determinations and findings required under this section.
As used in this paragraph, ‘relevant evidence’ has the meaning
given that term in ORS 40.150.
(2) To aid the court in making the written findings required by
subsection (1)(a), (d) and (e) of this section, the department
shall present written documentation to the court outlining:
(a) The efforts made to prevent taking the child or ward into
protective custody and to provide services to make it possible
for the child or ward to safely return home;
(b) The efforts the department made pursuant to ORS 419B.192;
and
(c) Why protective custody is in the best interests of the
child or ward.
SECTION 2. { + The amendments to ORS 419B.185 by section 1 of
this 2009 Act apply to hearings held on or after the effective
date of this 2009 Act. + }
———-

Must be a different bill she is referring to. I sure want to know what it is.

Leonard Henderson, co-founder
American Family Rights Association
http://familyrights.us
“Until Every Child Comes Home” ©
“The Voice of America’s Families” ©

http://www.familyrights.us