ORS 419A.116
Findings and recommendations

  • judicial review

(1)

After reviewing each case, the local citizen review board shall make written findings and recommendations with respect to:

(a)

Whether reasonable efforts were made prior to the placement, to prevent or eliminate the need for removal of the child or ward from the home;

(b)

If the case plan at the time of the review is to reunify the family, whether the Department of Human Services has made reasonable efforts to make it possible for the child or ward to safely return home and whether the parent has made sufficient progress to make it possible for the child or ward to safely return home;

(c)

If the case plan at the time of the review is something other than to reunify the family, whether the department has made reasonable efforts to place the child or ward in a timely manner in accordance with the case plan, including, if appropriate, placement of the child or ward through an interstate placement, and to complete the steps necessary to finalize the permanent placement of the child or ward;

(d)

The continuing need for and appropriateness of the placement;

(e)

Compliance with the case plan;

(f)

The progress which has been made toward alleviating the need for placement;

(g)

A likely date by which the child or ward may be returned home or placed for adoption;

(h)

Other problems, solutions or alternatives the board determines should be explored;

(i)

Whether the court should appoint an attorney or other person as special advocate to represent or appear on behalf of the child or ward under ORS 419B.195 (Appointment of counsel for child or ward);

(j)

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;

(k)

Whether there is reason to know, as described in ORS 419B.636 (Inquiry to determine whether child is Indian child), that the child or ward is an Indian child; and

(L)

If there is reason to know the child or ward is an Indian child:

(A)

Whether the department made active efforts, as described in ORS 419B.645 (Active efforts), to prevent the breakup of the Indian family prior to the child’s removal;

(B)

If the case plan at the time of the review is to reunify the family, whether the department has provided active efforts to make it possible for the child to safely return home and whether the parent has made sufficient progress to make it possible for the child to return home;

(C)

If the case plan at the time of review is to reunify the family and the child or ward is placed in a home outside the placement preferences described in ORS 419B.654 (Placement preferences), whether the department has continued to maintain the relationship of the child or ward with potential adoption preferences or whether the department has continued to search for a permanent placement that satisfies the placement preferences described in ORS 419B.654 (Placement preferences); and

(D)

If the case plan at the time of the review is something other than to reunify the family, whether the department has made active efforts to place the child in a timely manner in accordance with the placement preferences under ORS 419B.654 (Placement preferences).

(2)

The local citizen review board may, if the case plan has changed during the period since the last review by a local citizen review board or court hearing, make written findings and recommendations with respect to:

(a)

Whether the Department of Human Services has made reasonable efforts or, if the child is an Indian child, active efforts to make it possible for the child or ward to safely return home and whether the parent has made sufficient progress to make it possible for the child or ward to safely return home, if a plan to reunify the family was in effect for any part of the period since the last review or hearing; or

(b)

Whether the department has made reasonable efforts to place the child or ward in a timely manner in accordance with the case plan, including, if appropriate, placement of the child or ward through an interstate placement, and to complete the steps necessary to finalize the permanent placement of the child or ward, if a case plan other than to reunify the family was in effect for any part of the period since the last review or hearing.

(3)

In determining whether the Department of Human Services has made reasonable efforts or, if the child is an Indian child, active efforts to make it possible for the child or ward to safely return home, the local citizen review board shall consider the child or ward’s health and safety the paramount concerns.

(4)

No later than 10 days after receiving the findings and recommendations of the local citizen review board, a party adversely affected by the findings and recommendations may request judicial review. [1993 c.33 §31; 2001 c.686 §20; 2003 c.396 §22; 2007 c.611 §3; 2015 c.254 §2; 2020 s.s.1 c.14 §52; 2021 c.398 §53a]

Source: Section 419A.116 — Findings and recommendations; judicial review, https://www.­oregonlegislature.­gov/bills_laws/ors/ors419A.­html.

419A.004
Definitions
419A.010
Appointment of counselors and director
419A.012
Duties of director or counselor
419A.014
Reports by juvenile department
419A.015
Reports to school administrators concerning adjudicated youths on probation
419A.016
Powers of director or counselor
419A.018
Juvenile department is county agency
419A.020
County responsibility for expenses of juvenile department
419A.022
Responsibility of counties over 400,000 population
419A.045
Policy and purpose
419A.046
Definition for ORS 419A.046 and 419A.048
419A.048
Court to comply with fiscal reporting procedures
419A.050
Authority to acquire, equip and maintain detention and shelter facilities
419A.052
Specifications of facilities
419A.055
Examination of facilities
419A.057
Payment of maintenance expenses
419A.059
Designation of detention and shelter facilities
419A.061
Inspection of detention facilities
419A.063
Requirements for detention facilities
419A.090
Local citizen review boards
419A.092
Membership
419A.094
Additional boards
419A.096
Duties of Judicial Department in administering boards
419A.098
Rules
419A.100
Confidentiality of information
419A.102
Access to confidential information by boards
419A.104
Report on children and wards in substitute care
419A.106
Review of cases generally
419A.107
Review of cases of adjudicated youths
419A.108
Procedure for conflicts of interest
419A.109
Review of cases of wards for whom guardian has been appointed
419A.110
Immunity of participants in case review
419A.112
Disclosure of information to participants in case review
419A.114
When presence of agency personnel at board hearings required
419A.116
Findings and recommendations
419A.118
Records
419A.120
Court use of findings and recommendations
419A.122
Use of findings and recommendations by Department of Human Services
419A.124
Policy and procedure recommendations
419A.128
State Citizen Review Board Operating Account
419A.150
Appointment
419A.180
Power of court to enforce orders by contempt order
419A.190
Effect of adjudicatory hearing or admission
419A.200
Who may appeal
419A.205
Judgments described
419A.208
Orders subject to appeal by state
419A.209
Joint motion to vacate judgment or order
419A.211
Appointment of counsel
419A.240
Use of restraints during juvenile court proceedings
419A.245
Use of restraints during transport
419A.250
Authority
419A.252
Definitions for ORS 419A.252, 419A.253, 419A.255 and 419A.256
419A.253
When information in report, material or document considered by court must be identified in record
419A.255
Maintenance
419A.256
When transcript of proceeding is part of record of case
419A.257
Reports and materials privileged
419A.258
Motion to inspect or copy records
419A.260
Expunction
419A.262
Expunction proceeding
419A.265
Eligibility for order of expunction for certain adjudications involving marijuana
419A.267
Notice of expunction
419A.269
Effect of expunction
419A.271
Appointment of counsel
419A.300
Reports to school districts concerning young persons on conditional release
419A.305
Notice to school administrators concerning students subject to juvenile court petitions
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