2017 ORS 419B.443¹
Time and content of reports

(1) An agency described in ORS 419B.440 (Circumstances requiring reports) shall file the reports required by ORS 419B.440 (Circumstances requiring reports) (1)(b) at the end of the initial six-month period and no less frequently than each six months thereafter. The agency shall file reports more frequently if the court so orders. The reports shall include, but not be limited to:

(a) A description of the problems or offenses that necessitated the placement of the child or ward with the agency;

(b) A description of the type and an analysis of the effectiveness of the care, treatment and supervision that the agency has provided for the child or ward;

(c) A list of all placements made since the child or ward has been in the guardianship or legal custody of an agency and the length of time the child or ward has spent in each placement;

(d) For a child or ward in substitute care, a list of all schools the child or ward has attended since the child or ward has been in the guardianship or legal custody of the agency, the length of time the child or ward has spent in each school and, for a child or ward 14 years of age or older, the number of high school credits the child or ward has earned;

(e) A list of dates of face-to-face contacts the assigned case worker has had with the child or ward since the child or ward has been in the guardianship or legal custody of the agency and, for a child or ward in substitute care, the place of each contact;

(f) For a child or ward in substitute care, a list of the visits the child or ward has had with the child’s or ward’s parents or siblings since the child or ward has been in the guardianship or legal custody of the agency and the place and date of each visit;

(g) For a child or ward in substitute care, the steps the Department of Human Services is taking to ensure that:

(A) The child’s or ward’s substitute care provider is following the reasonable and prudent parent standard; and

(B) The child or ward has regular, ongoing opportunities to engage in age-appropriate or developmentally appropriate activities, including consultation with the child or ward in an age-appropriate manner about the opportunities the child or ward has to participate in the activities;

(h) A description of agency efforts to return the child or ward to the parental home or find permanent placement for the child or ward, including, when applicable, efforts to assist the parents in remedying factors which contributed to the removal of the child or ward from the home;

(i) A proposed treatment plan or proposed continuation or modification of an existing treatment plan, including a proposed visitation plan or proposed continuation or modification of an existing visitation plan and a description of efforts expected of the child or ward and the parents to remedy factors that have prevented the child or ward from safely returning home within a reasonable time;

(j) If continued substitute care is recommended, a proposed timetable for the child’s or ward’s return home or other permanent placement or a justification of why extended substitute care is necessary; and

(k) If the child or ward has been placed in foster care outside the state, whether the child or ward has been visited not less frequently than every six months by a state or private agency.

(2) In addition to the information required in a report made under subsection (1) of this section, for a ward who is in the legal custody of the department pursuant to ORS 419B.337 (Commitment to custody of Department of Human Services) but who will be or recently has been placed 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, a report required under ORS 419B.440 (Circumstances requiring reports) (1)(a) shall include:

(a) A recommended timetable for dismissal of the department’s legal custody of the ward and termination of the wardship; and

(b) A description of the services that the department will provide to the ward and the ward’s physical custodian to eliminate the need for the department to continue legal custody.

(3) In addition to the information required in a report made under subsection (1) of this section, if the report is made by the department under ORS 419B.440 (Circumstances requiring reports) (1)(b)(C), the report shall include:

(a) A recommended timetable for dismissal of the department’s legal custody of the ward and termination of the wardship; and

(b) A description of the services that the department has provided to the ward and the ward’s physical custodian to eliminate the need for the department to continue legal custody.

(4) Notwithstanding the requirements of subsection (1) of this section, reports need not contain information contained in prior reports. [1993 c.33 §130; 2001 c.686 §22; 2003 c.396 §75; 2007 c.610 §2; 2007 c.611 §6; 2007 c.806 §8; 2015 c.254 §3; 2015 c.795 §8]

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

Under Former Similar Statute

Even when child is ward of court, preference for place­ment with natural parents is still recognized, therefore standard is compelling circumstances for removal rather than best interest of child. State ex rel Juv. Dept. v. Lauffenberger, 308 Or 159, 777 P2d 954 (1989)

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.