2015 ORS 419B.929¹
Enforcement of certain orders and judgments

A court may enforce an order or judgment directing a party to perform a specific act by punishing the party refusing or neglecting to comply with the order or judgment, as for a contempt as provided in ORS 33.015 (Definitions for ORS 33.015 to 33.155) to 33.155 (Applicability). [2001 c.622 §35]

Note: Sections 1 to 3, chapter 106, Oregon Laws 2014, provide:

Sec. 1. Section 2 of this 2014 Act is added to and made a part of ORS 419B.800 (Applicability of ORS 419B.800 to 419B.929) to 419B.929 (Enforcement of certain orders and judgments). [2014 c.106 §1] Sec. 2. Appearance by Department of Human Services without Attorney General. Notwithstanding the provisions of ORS 9.320 (Necessity for employment of attorney), 180.060 (Powers and duties of Attorney General) and 180.220 (Powers and duties), and subject to ORS 9.160 (Bar membership required to practice law), in a proceeding under this chapter [ORS chapter 419B], the Department of Human Services may appear without the Attorney General at:

(1) Any hearing held after the hearing required under ORS 419B.305 (When hearing must be held) has been held; and

(2) Any proceeding where the district attorney represents the state, provided the positions of the department and the state are not in conflict with respect to issues raised for consideration or determination in the proceeding. [2014 c.106 §2]

Sec. 3. Section 2, chapter 106, Oregon Laws 2014, is repealed on June 30, 2018. [2014 c.106 §3; 2015 c.776 §1]

Note: Sections 2 and 3, chapter 776, Oregon Laws 2015, provide:

Sec. 2. Task Force on Legal Representation in Childhood Dependency. (1) The Task Force on Legal Representation in Childhood Dependency is established to recommend models for legal representation in juvenile court proceedings that will improve outcomes for children and parents served by the child welfare system, to ensure that parties in juvenile court cases are prepared to proceed and to enable courts to resolve juvenile court proceedings as quickly and efficiently as possible. The task force shall consist of 18 members appointed as follows:

(a) The President of the Senate shall appoint two members from among members of the Senate.

(b) The Speaker of the House of Representatives shall appoint two members from among members of the House of Representatives.

(c) The Governor shall appoint seven representatives as follows:

(A) Two persons representing the Department of Human Services;

(B) Two persons representing the Oregon District Attorneys Association or district attorneys in Oregon; and

(C) Three persons representing the Public Defense Services Commission or attorneys who provide legal defense in juvenile dependency proceedings.

(d) The Chief Justice of the Supreme Court shall appoint five representatives as follows:

(A) Three judges with experience presiding over juvenile court dependency proceedings;

(B) One person representing court appointed special advocates; and

(C) One person representing the Citizen Review Board or local citizen review boards.

(e) The Attorney General shall appoint two persons representing the Department of Justice.

(2) The task force shall propose legislation and make recommendations to ensure that:

(a) Attorneys for parents and children in juvenile court proceedings have workloads that allow the attorneys to provide client-centered, competent and effective legal representation throughout the entirety of the proceedings;

(b) Attorneys for the state and for the Department of Human Services are available to provide competent, effective and efficient legal representation in juvenile court proceedings;

(c) Judicial and attorney resources are sufficient to avoid unnecessary delays that inhibit the resolution or conclusion of juvenile court proceedings; and

(d) Oregon statutory law is consistent with the models for legal representation proposed by the task force.

(3) The task force shall:

(a) Examine the use of performance standards unique to each role within the juvenile court system as a way to create and ensure statewide consistency in practice;

(b) Make recommendations regarding the development and enhancement of existing performance standards;

(c) Examine the unique needs and resources within each jurisdiction and statewide, and develop plans to work with partners and stakeholders at the state and local levels to adopt programs, policies and intergovernmental agreements designed to ensure efficient legal representation and produce improved outcomes for children and families in juvenile court proceedings;

(d) Examine and make recommendations regarding the number of attorneys, paralegals and other staff and overhead capacity necessary to provide sufficient representation for the state, the Department of Human Services and children and parents who are parties in juvenile dependency proceedings;

(e) Develop a plan to assist counties that want to implement procedures designed to reduce delays within the juvenile court system, avoid duplication of efforts, identify potential efficiencies in crossover cases and encourage cost-effective case resolution;

(f) Conduct surveys of:

(A) Each county in the state to identify models of representation, effective practices, stages of juvenile court proceedings at which children and parents are represented and related outcomes; and

(B) Other states to identify models of effective representation and funding that lead to improved outcomes for children and families;

(g) Review statutory and case law related to the unauthorized practice of law and consider the application of such laws in juvenile court proceedings; and

(h) Identify the following:

(A) Statutory changes needed to support proposed models of legal representation;

(B) The benefits of legal representation to the state, the Department of Human Services and children and families in juvenile court proceedings;

(C) The obstacles in counties statewide to providing children and parents with legal representation in juvenile court proceedings;

(D) The obstacles in counties statewide to providing legal representation to the Department of Human Services; and

(E) Optimal attorney caseload levels and other resources necessary to provide appropriate legal representation in juvenile court proceedings.

(4) A majority of the members of the task force constitutes a quorum for the transaction of business.

(5) Official action by the task force requires the approval of a majority of the members of the task force.

(6) The task force shall elect one of its members to serve as chairperson.

(7) If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective.

(8) The task force shall meet at times and places specified by the call of the chairperson or of a majority of the members of the task force.

(9) The task force may adopt rules necessary for the operation of the task force.

(10) The task force shall submit a report in the manner provided by ORS 192.245 (Form of report to legislature) that includes the recommendations of the task force, including recommendations for legislation, to the interim committees of the Legislative Assembly related to child welfare and juvenile court proceedings as appropriate no later than July 15, 2016.

(11) The Office of the Governor shall provide staff support to the task force in coordination with the Governor’s legal counsel appointed under ORS 133.743 (Definitions for ORS 133.743 to 133.857) and the Governor’s human services policy advisor.

(12) Members of the task force who are not members of the Legislative Assembly are not entitled to compensation, but may be reimbursed for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amounts provided for in ORS 292.495 (Compensation and expenses of members of state boards and commissions). Claims for expenses incurred in performing functions of the task force shall be paid out of funds appropriated to Governor for purposes of the task force.

(13) All agencies of state government, as defined in ORS 174.111 ("State government" defined), are directed to assist the task force in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the task force consider necessary to perform their duties. [2015 c.776 §2]

Sec. 3. Section 2 of this 2015 Act is repealed on December 31, 2017. [2015 c.776 §3]


1 Legislative Counsel Committee, CHAPTER 419B—Juvenile Code: Dependency, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors419B.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.