2017 ORS 418.607¹
Legislative intent

It is the intent of the Legislative Assembly that siblings who are foster children have certain essential rights, including but not limited to the following:

(1) To obtain substitute care placements together whenever safe and appropriate.

(2) To maintain contact and visits with siblings while placed both in and out of substitute care placements, including contact by telephone and electronic communication, as safe and appropriate.

(3) To be provided with transportation to maintain contact and have visits with siblings.

(4) To be placed with foster parents and caseworkers who have been provided with training on the importance of sibling relationships.

(5) To ensure that contact with siblings will be encouraged in any adoptive or guardianship placement, as safe and appropriate.

(6) To have a sibling contact plan that has been developed as a result of the active engagement and participation of siblings and that is complied with as part of any substitute care placement.

(7) To have more private or less restrictive communication with siblings as compared to communications with others who are not siblings, as safe and appropriate.

(8) To be immediately and timely notified of placement changes or catastrophic events affecting a sibling, as safe and appropriate.

(9) With respect to a foster child’s rights under this section:

(a) To receive a document setting forth such rights as is age-appropriate and developmentally appropriate within 60 days of the date of any placement or any change in placement;

(b) To have a document setting forth such rights that is age-appropriate and developmentally appropriate on each occasion that a foster child’s case plan is considered and reviewed;

(c) To have access to a document setting forth such rights that is age-appropriate and developmentally appropriate at the residence of all foster parents and child-caring agencies; and

(d) To be informed of such rights on at least an annual basis.

(10) To be provided with an explanation in an age-appropriate manner as to why contact with a sibling is or has been denied or prohibited.

(11) To have the rights under this section apply regardless of whether the parental rights of one or more of the foster child’s parents have been terminated, as safe and appropriate.

(12) To request that the foster child’s attorney advocate on behalf of the foster child for contact and visits with siblings:

(a) While the foster child is in foster care;

(b) When the court is considering whether to order visitation between the foster child and the foster child’s siblings under ORS 419B.367 (Letters of guardianship); and

(c) When decisions are made regarding post-adoption contact between the foster child and the foster child’s siblings. [2017 c.36 §2]

Note: See note under 418.606 (Definitions).

Chapter 418

Notes of Decisions

Where plaintiffs brought ac­tion under 42 U.S.C. 1983 alleging viola­tion of federal civil rights after defendant Children’s Services Division employees removed plaintiffs’ child from home following reports of abuse, CSD workers entitled to absolute immunity in investiga­tion, taking child into custody and keeping plaintiffs from visiting child. Tennyson v. Children’s Services Division, 308 Or 80, 775 P2d 1365 (1989)

1 Legislative Counsel Committee, CHAPTER 418—Child Welfare Services, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors418.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 418, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano418.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.