Court Hearings for the Permanent Placement of Children - Oregon

Date:

Schedule of Hearings

Citation: Rev. Stat. § 419B.470; Admin. Rules § 413-040-0130

The court shall conduct a permanency hearing as follows:

  • Within 30 days after a judicial finding that the Department of Human Services has determined it will not make reasonable efforts to reunify the family
  • No later than 12 months after the child was placed within the jurisdiction of the court or 14 months after the child was placed in substitute care, whichever is earlier
  • Within 3 months of a change in placement
  • Every 12 months after the initial permanency for as long as the child or ward remains in substitute care
  • If a child has been surrendered for adoption or the parents' rights have been terminated, within 30 days if the department has not physically placed the child for adoption or initiated adoption proceedings within 6 months after the termination of rights, and every 6 months for as long as the child has not been placed for adoption

In regulation: An administrative review shall be held within 6 months following the first day of placement in care and every 6 months thereafter from the date of the last review.

Persons Entitled to Attend Hearings

Citation: Rev. Stat. § 419B.473

The court may order that the child or any other person be present during the hearing. The court shall notify the parties listed below and other interested parties of the hearing, including the following:

  • The department
  • An agency directly responsible for the care or placement of the child
  • The parents whose rights have not been terminated
  • An attorney for the child
  • A court-appointed special advocate
  • A citizen review board
  • A Tribal court

Determinations Made at Hearings

Citation: Rev. Stat. § 419B.476

At a permanency hearing, the court shall do the following:

  • If the case plan is to reunify the family, determine whether the Department of Human Services has made reasonable efforts or, if the Indian Child Welfare Act applies, active efforts to make it possible for the child to safely return home and whether the parent has made sufficient progress to make it possible for the child to safely return home.
  • If the case plan is something other than to reunify the family, determine whether the department has done the following:
    • Made reasonable efforts to place the child in a timely manner in accordance with the plan, including, if appropriate, reasonable efforts to place the child through an interstate placement, and to complete the steps necessary to finalize the permanent placement
    • Considered permanent placement options for the child, including, if appropriate, whether the department has considered both permanent in-State placement options and permanent interstate placement options for the child
  • Determine whether further efforts will make it possible for the child to safely return home within a reasonable time and order that the parents participate in specific services for a specific period of time and make specific progress within that period of time
  • Review the efforts made by the department to develop the concurrent permanent plan, and, if adoption is the concurrent case plan, has identified a suitable adoptive placement for the child

When the child is age 14 or older, the court also shall review the comprehensive plan for the child's transition to successful adulthood and determine and make findings as to the following:

  • Whether the plan is adequate to ensure the child's transition to successful adulthood
  • Whether the department has offered appropriate services pursuant to the plan
  • Whether the department has involved the child in the development of the plan

Permanency Options

Citation: Rev. Stat. § 419B.476

The court shall determine the permanency plan for the child that may include whether and, if applicable, when the following will occur:

  • The child will be returned to the parent.
  • The child will be placed for adoption, and a petition for termination of parental rights will be filed.
  • The child will be referred for establishment of legal guardianship.
  • The child will be placed with a fit and willing relative.
  • If the child is age 16 or older, the child will be placed in another planned permanent living arrangement.

If the court finds that the permanency plan for a child should be placement with a fit and willing relative, the court must determine why placement with the child's parents, for adoption, or placement with a legal guardian is not appropriate.

If the court finds that the permanency plan for a child age 16 or older should be another planned permanent living arrangement, the court shall determine the following:

  • Why another planned permanent living arrangement is in the child's best interests and a compelling reason why it would not be in the best interests of the child to be returned home, placed for adoption, placed with a legal guardian or placed with a fit and willing relative
  • That the department has taken steps to ensure the following:
    • The child's substitute care provider is following the reasonable and prudent parent standard.
    • The child has regular, ongoing opportunities to engage in age-appropriate or developmentally appropriate activities, including consultation with the child in an age-appropriate manner about the opportunities the child has to participate in the activities.

If an Indian child is involved, the court shall follow the placement preference established by the Indian Child Welfare Act.