2017 ORS 419B.440¹
Circumstances requiring reports
  • exceptions

(1) Any public or private agency having guardianship or legal custody of a child or ward pursuant to court order shall file reports on the child or ward with the juvenile court that entered the original order concerning the child or ward or, when no such order exists, with the juvenile court of the county of the child or ward’s residence in the following circumstances:

(a) When the child or ward has been placed with the agency as a result of a court order and prior to, or as soon as practicable after the agency places the child or ward in any placement including, but not limited to, the child or ward’s home, shelter care, substitute care or a child care center, unless the court has previously received a report or treatment plan indicating the actual physical placement of the child or ward.

(b)(A) When the child or ward has been placed with the agency as the result of a court order and remains under agency care for six consecutive months from date of initial placement;

(B) When the child or ward has been surrendered for adoption or the parents’ rights have been terminated and the agency has not physically placed the child or ward for adoption or initiated adoption proceedings within six months of receiving the child or ward; and

(C) When the ward is in the legal custody of the Department of Human Services as provided in ORS 419B.337 (Commitment to custody of Department of Human Services), but the ward has been placed for a period of six consecutive months in the physical custody of a parent or a person who was appointed the ward’s legal guardian prior to placement of the ward in the legal custody of the department.

(c) When the agency has removed or plans to remove a child or ward from a foster home as defined in ORS 418.625 (Definitions for ORS 418.625 to 418.645) that is certified under ORS 418.635 (Certificate of approval) and the removal is for the purpose of placing the child or ward in a different substitute care placement, if:

(A) The child or ward has resided for 12 consecutive months or more in the foster home; or

(B) The child or ward resides or resided in the foster home pursuant to a permanent foster care agreement.

(2) An agency is not required to file a report under subsection (1)(c) of this section when:

(a) The removal of the child or ward was made following a founded allegation of abuse or neglect by the child’s or ward’s foster care provider;

(b) The removal was made to address an imminent threat to the health or safety of the child or ward pending completion of an investigation of reported abuse or neglect by the child’s or ward’s foster care provider;

(c) The agency has placed the child or ward with a person who has been selected by the department to be the adoptive parent, when the selection has become final after the expiration of any administrative or judicial review procedures under ORS chapter 183; or

(d) The removal was made at the request of the foster care provider. [1993 c.33 §129; 2003 c.396 §74; 2007 c.610 §1; 2015 c.795 §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

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.