2015 ORS 419B.116¹
Intervention
  • caregiver relationship
  • rights of limited participation

(1)(a) As used in this section, "caregiver relationship" means a relationship between a person and a child or ward:

(A) That has existed:

(i) For the 12 months immediately preceding the initiation of the dependency proceeding;

(ii) For at least six months during the dependency proceeding; or

(iii) For half of the child or ward’s life if the child or ward is less than six months of age;

(B) In which the person had physical custody of the child or ward or resided in the same household as the child or ward;

(C) In which the person provided the child or ward on a daily basis with the love, nurturing and other necessities required to meet the child or ward’s psychological and physical needs; and

(D) On which the child depended to meet the child or ward’s needs.

(b) "Caregiver relationship" does not include a relationship between a child or ward and a person who is the nonrelated foster parent of the child or ward unless the relationship continued for a period of at least 12 consecutive months.

(2) A person asserting that the person has a caregiver relationship with a child or ward may file a motion for intervention in a juvenile dependency proceeding.

(3) Filing a motion under subsection (2) of this section is the sole means by which a person may become a party to a juvenile dependency proceeding as an intervenor. An order granting intervention under this section is exclusively for juvenile dependency proceedings and does not confer standing or rights of intervention in any other action. Intervention is not allowed in proceedings under ORS 419B.500 (Termination of parental rights generally).

(4) A motion for intervention under subsection (2) of this section must state:

(a) The person’s relationship to the child or ward and the person’s involvement in the child or ward’s life;

(b) The reason that intervention is sought;

(c) How the person’s intervention is in the best interests of the child or ward;

(d) Why the existing parties cannot adequately present the case; and

(e) What specific relief is being sought.

(5)(a) If a party wishes to oppose a motion for intervention, the party must file a written objection to the motion stating the grounds for the objection no later than 21 days after the motion is filed. If no written objection is filed as provided in this paragraph, the court may grant the motion without a hearing. Except as provided in paragraph (b) of this subsection, if a written objection is filed as provided in this paragraph, the court shall hold a hearing on the motion.

(b) If a motion for intervention does not state a prima facie case as to the facts that must be proved under paragraph (c) of this subsection, the court may deny the motion without a hearing.

(c) If the court holds a hearing on the motion for intervention, the court may grant the motion for intervention if the person moving to intervene in the case proves by a preponderance of the evidence that:

(A) A caregiver relationship exists between the person and the child or ward;

(B) The intervention is in the best interests of the child or ward;

(C) The reason for intervention and the specific relief sought are consistent with the best interests of the child or ward; and

(D) The existing parties cannot adequately present the case.

(6) A person granted intervention is a party to the case and, except as provided in subsection (11) of this section, may be granted such relief as the court determines to be appropriate and in the best interests of the child or ward.

(7) A person who is not a party under ORS 419B.875 (Parties to proceedings) or a person who intends to file a motion for appointment as a community guardian under ORS 419B.371 (Community guardianship) may seek rights of limited participation by filing a written motion for limited participation in a juvenile court proceeding. Except as provided in subsection (9) of this section, the motion must state:

(a) The reason that limited participation is being sought;

(b) How the person’s limited participation is in the best interests of the child or ward;

(c) Why the parties cannot adequately present the case; and

(d) The specific rights of limited participation that are being sought.

(8)(a) If a party wishes to oppose a motion filed under subsection (7) of this section, the party must file a written objection to the motion stating the grounds for the objection no later than 21 days after the motion is filed. If no written objection is filed as provided in this paragraph, the court may grant the motion without a hearing.

(b) If a motion seeking rights of limited participation does not state a prima facie case as to the facts that must be proved under paragraph (c) of this subsection, the court may deny the motion without a hearing.

(c) If the court holds a hearing on the motion seeking rights of limited participation, the court may grant the motion if the person seeking rights of limited participation proves by a preponderance of the evidence that:

(A) The person’s limited participation is in the best interests of the child or ward;

(B) The reason for limited participation and the specific rights sought are consistent with the best interests of the child or ward; and

(C) The parties cannot adequately present the case.

(9) The requirements of subsections (7)(c) and (8)(c)(C) of this section do not apply to a motion or court order seeking or granting limited participation when the right of limited participation sought and granted would be for the purpose of establishing a community guardianship under ORS 419B.371 (Community guardianship).

(10) If the court grants a motion under subsection (8) of this section, the court shall specify in the order the rights of limited participation that are being granted.

(11)(a) At any time, a person granted intervention or a person granted rights of limited participation may move to be considered a temporary placement or visitation resource for the child or ward.

(b) At any time after a court has determined at a permanency hearing that the permanent plan for the child or ward should be something other than to return home, a person granted intervention may move to be considered the permanent placement resource for the child or ward.

(12) The court may modify or set aside any order granting intervention or rights of limited participation as provided in ORS 419B.923 (Modifying or setting aside order or judgment). [2001 c.624 §3; 2003 c.14 §226; 2003 c.231 §3; 2003 c.315 §2; 2003 c.396 §35a; 2005 c.449 §2; 2005 c.676 §2; 2009 c.92 §1; 2009 c.182 §1; 2012 c.86 §2]


1 Legislative Counsel Committee, CHAPTER 419B—Juvenile Code: Dependency, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors419B.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.