2017 ORS 419B.343¹
Recommendations of committing court
  • case planning
  • plan contents

(1) To ensure effective planning for wards, the Department of Human Services shall take into consideration recommendations and information provided by the committing court before placement in any facility. The department shall ensure that the case planning in any case:

(a) For the reunification of the family bears a rational relationship to the jurisdictional findings that brought the ward within the court’s jurisdiction under ORS 419B.100 (Jurisdiction);

(b) Incorporates the perspective of the ward and the family and, whenever possible, allows the family to assist in designing its own service programs, based on an assessment of the family’s needs and the family’s solutions and resources for change; and

(c) Is integrated with other agencies in cooperation with the caseworkers.

(2) Except in cases when the plan is something other than to reunify the family, the department shall include in the case plan:

(a) Appropriate services to allow the parent the opportunity to adjust the parent’s circumstances, conduct or conditions to make it possible for the ward to safely return home within a reasonable time; and

(b) A concurrent permanent plan to be implemented if the parent is unable or unwilling to adjust the parent’s circumstances, conduct or conditions in such a way as to make it possible for the ward to safely return home within a reasonable time.

(3) For a ward 14 years of age or older, the department shall ensure that:

(a) Case planning for the ward addresses the ward’s needs and goals for a transition to successful adulthood, including needs and goals related to housing, physical and mental health, education, employment, community connections and supportive relationships; and

(b) The ward’s case plan includes a document that describes the rights of the ward as specified in ORS 418.201 (Legislative intent) and a signed acknowledgment by the ward that the ward has been provided with a copy of the document and that rights contained in the document have been explained to the ward in an age-appropriate manner.

(4) The case plan for a ward in substitute care must include the health and education records of the ward, including the most recent information available regarding:

(a) The names and addresses of the ward’s health and education providers;

(b) The grade level of the ward’s academic performance;

(c) The ward’s school record;

(d) Whether the ward’s placement takes into account proximity to the school in which the ward is enrolled at the time of placement;

(e) The ward’s immunizations;

(f) Any known medical problems of the ward;

(g) The ward’s medications; and

(h) Any other relevant health and education information concerning the ward that the department determines is appropriate to include in the records. [1993 c.33 §110; 1995 c.770 §1; 1997 c.873 §13; 1999 c.859 §12; 2001 c.686 §15; 2003 c.396 §59; 2003 c.544 §3a; 2007 c.611 §5; 2015 c.254 §7]

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

Notes of Decisions

Court may order parent to undergo psychological evalua­tion to be provided under Depart­ment of Human Services case plan if psychological services have ra­tional connec­tion with basis for juvenile court jurisdic­tion. State ex rel Juvenile Depart­ment v. G.L., 220 Or App 216, 185 P3d 483 (2008), 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.