2017 ORS 419B.194¹
Participation in extracurricular activities
  • reasonable and prudent parent standard
  • fees
  • rules

(1) As used in this section:

(a) “Extracurricular activities” means age-appropriate or developmentally appropriate activities as follows:

(A) Activities or items that are generally accepted as suitable for children or wards of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child or ward, based on the development of cognitive, emotional, physical and behavioral capacities that are typical for an age or age group; and

(B) In the case of a specific child or ward, activities or items that are suitable for the child or ward based on the developmental stages attained by the child or ward with respect to the cognitive, emotional, physical and behavioral capacities of the child or ward.

(b) “Reasonable and prudent parent standard” means the standard, characterized by careful and sensible parental decisions that maintain the health, safety and best interests of a child or ward while encouraging the emotional and developmental growth of the child or ward, that a substitute care provider shall use when determining whether to allow a child or ward in substitute care to participate in extracurricular activities.

(2)(a) The Department of Human Services shall, in accordance with rules adopted by the department, ensure that a substitute care provider for a child or ward in the care or custody of the department:

(A) Provides an opportunity for the child or ward to participate in at least one ongoing extracurricular activity based on availability and the interests of the child or ward; and

(B) Applies a reasonable and prudent parent standard when determining such participation.

(b) The department and the substitute care provider shall confer to determine the party that will be responsible for payment of any fee or charge related to a child’s or ward’s participation in an extracurricular activity under this section.

(3) Nothing in subsection (2) of this section shall be construed to prohibit a child or ward from participating, or a substitute care provider from allowing a child or ward to participate, in a summer camp or religious services. However, participation in a summer camp or religious services alone does not satisfy the requirements of subsection (2) of this section. [2015 c.472 §2]

Notes of Decisions

Under Former Similar Statutes

Due process does not require the appoint­ment of “independent counsel” to represent the child in every adop­tion or termina­tion of parental rights pro­ceed­ing. F. v. C., 24 Or App 601, 547 P2d 175 (1976)

When sec­ond termina­tion of parental rights pro­ceed­ing was not itself barred, proof was not limited by res judicata or collateral estoppel principles to facts or evidence which was not considered in or which came in to being after first pro­ceed­ing. State ex rel Juvenile Dept. v. Newman, 49 Or App 221, 619 P2d 901 (1980), Sup Ct review denied

Chapter 419B

Notes of Decisions

Due process rights of parents are al­ways implicated in construc­tion and applica­tion of pro­vi­sions of this chapter. Depart­ment of Human Services v. J.R.F., 351 Or 570, 273 P3d 87 (2012)

1 Legislative Counsel Committee, CHAPTER 419B—Juvenile Code: Dependency, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors419B.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 419B, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano419B.­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.