2017 ORS 419B.876¹
Visitation or other contact between grandparent and ward
  • findings
  • order
  • appeal

(1) The grandparent of a ward who has been placed in the legal custody of the Department of Human Services for care, placement and supervision pursuant to ORS 419B.337 (Commitment to custody of Department of Human Services) and who is in substitute care as defined in ORS 419A.004 (Definitions) may, at any hearing concerning the ward except for a hearing under ORS 419B.500 (Termination of parental rights generally), request that the court order visitation or other contact or communication between the grandparent and the ward, provided the grandparent has notified the department and parties in the proceeding of the grandparent’s intent to make the request at the hearing at least 30 days before the date of the hearing.

(2) If the notice required under subsection (1) of this section has been given, the court may grant the grandparent’s request in whole or in part if the court finds that:

(a) Prior to the establishment of wardship:

(A) An ongoing relationship existed between the grandparent and the ward that included regular visits or other contact or communication; or

(B) Despite the grandparent’s efforts, no ongoing relationship existed between the grandparent and the ward due to circumstances beyond the grandparent’s control;

(b) Ordering visitation or other contact or communication between the grandparent and the ward will support and not interfere with development and implementation of a permanent or concurrent permanent plan for the ward;

(c) Ordering visitation or other contact or communication between the grandparent and the ward will not reduce the frequency or the quality of a parent’s visitation or other contact or communication with the ward;

(d) If the court determines consultation with the ward is appropriate, the ward has been consulted and agrees that the court should allow the grandparent’s request in whole or in part;

(e) Ordering visitation or other contact or communication between the grandparent and the ward is in the ward’s best interests; and

(f) Ordering visitation or other contact or communication between the grandparent and the ward would not unreasonably burden the resources of the Department of Human Services.

(3) Unless otherwise agreed by the Department of Human Services and the grandparent, the costs of transportation, lodging, food or other expenses required to implement visitation ordered by the court under this section shall be the responsibility of the grandparent.

(4) Notwithstanding ORS 419A.200 (Who may appeal), a grandparent may not appeal from or otherwise challenge on appeal an order or judgment of the court denying in whole or in part a request for visitation or other contact or communication made under this section.

(5) The court may receive testimony, reports or other material relating to the ward’s mental, physical and social history and prognosis without regard to the competency or relevancy of the testimony, reports or other material under the rules of evidence for the purpose of making the findings required by subsection (2) of this section.

(6) As used in this section, “grandparent” means the legal parent of the child’s or ward’s legal parent, regardless of whether the parental rights of the child’s or ward’s legal parent have been terminated under ORS 419B.500 (Termination of parental rights generally) to 419B.524 (Effect of termination order). [2013 c.436 §3; 2015 c.216 §2]

Note: See note under 419B.875 (Parties to proceedings).

Note: 419B.876 (Visitation or other contact between grandparent and ward) was added to and made a part of ORS chapter 419B by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

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.