ORS 419B.337
Commitment to custody of Department of Human Services

Text
Annotations 4

(1)

When the court determines it would be in the best interest and for the welfare of a ward, the court may place the ward in the legal custody of the Department of Human Services for care, placement and supervision. When the court enters an order removing a ward from the ward’s home or an order continuing care, the court shall make a written finding as to whether:

(a)

Removal of the ward from the ward’s home or continuation of care is in the best interest and for the welfare of the ward;

(b)

Reasonable efforts, considering the circumstances of the ward and parent, have been made to prevent or eliminate the need for removal of the ward from the home or to make it possible for the ward to safely return home. In making this finding, the court shall consider the ward’s health and safety the paramount concerns; and

(c)

Diligent efforts have been made to place the ward pursuant to ORS 419B.192 (Placement of child or ward).

(2)

The court may specify the particular type of care, supervision or services to be provided by the Department of Human Services to wards placed in the department’s custody and to the parents or guardians of the wards, but the actual planning and provision of such care, supervision or services is the responsibility of the department. The department may place the ward in a child care center authorized to accept the ward.

(3)

The court may make an order regarding visitation by the ward’s parents or siblings. The Department of Human Services is responsible for developing and implementing a visitation plan consistent with the court’s order.

(4)

Uniform commitment blanks, in a form approved by the Director of Human Services, shall be used by all courts for placing wards in the legal custody of the Department of Human Services.

(5)

If the ward has been placed in the custody of the Department of Human Services, the court shall make no commitment directly to any residential facility, but shall cause the ward to be delivered into the custody of the department at the time and place fixed by rules of the department. A ward so committed may not be placed in a Department of Corrections institution.

(6)

Commitment of a ward to the Department of Human Services continues until dismissed by the court or until the ward becomes 21 years of age.

(7)

A court may dismiss commitment of a ward to the Department of Human Services if:

(a)

Intentionally left blank —Ed.

(A)

Dismissal is appropriate because the ward has been safely reunited with a parent or because a safe alternative to reunification has been implemented for the ward; and

(B)

The ward is at least 14 years of age but less than 21 years of age and the court finds that:

(i)

The department has provided case planning pursuant to ORS 419B.343 (Recommendations of committing court) that addresses the ward’s needs and goals for a transition to successful adulthood, including needs and goals relating to housing, physical and mental health, education, employment, community connections and supportive relationships;

(ii)

The department has provided appropriate services pursuant to the case plan;

(iii)

The department has involved the ward in the development of the case plan and in the provision of appropriate services; and

(iv)

The ward has safe and stable housing and is unlikely to become homeless as a result of dismissal of commitment of the ward to the department; or

(b)

The ward has been committed to the custody of the Oregon Youth Authority. [1993 c.33 §108; 1993 c.546 §129; 1999 c.859 §10; 2003 c.396 §57; 2005 c.679 §1; 2007 c.806 §6; 2015 c.254 §6]

Source: Section 419B.337 — Commitment to custody of Department of Human Services, https://www.oregonlegislature.gov/bills_laws/ors/ors419B.html.

Notes of Decisions

Court may order parent to undergo psychological evaluation to be provided under Department of Human Services case plan if psychological services have rational connection with basis for juvenile court jurisdiction. State ex rel Juvenile Department v. G.L., 220 Or App 216, 185 P3d 483 (2008), Sup Ct review denied; D.G. v. A.F., 295 Or App 69, 433 P3d 459 (2018)

Where juvenile court took dependency jurisdiction over children, this section authorizes only Department of Human Services, not juvenile court, to determine “actual” care provided to children, so court may not order department to place children with great-grandmother. Department of Human Services v. S.E.K.H./J.K.H., 283 Or App 703, 389 P3d 1181 (2017)

Court may order parent to undergo psychological evaluation of potential mental health issue relating to parent’s conduct only if parent’s conduct is rationally related to basis for juvenile court jurisdiction. Dept. of Human Services v. K.J., 295 Or App 544, 435 P3d 819 (2019)

When read together, ORS 419B.343, 419B.387 and this section permit juvenile court to specify services comprised within case plan, require that services be rationally related to jurisdictional findings and require court to hold evidentiary hearing before determining that there is need for treatment or training to correct circumstances necessitating court’s involvement or to prepare parents for child’s return. Dept. of Human Services v. W.C.T., 314 Or App 743, 501 P3d 44 (2021)

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

ORS 419B.337 Commitment to custody of Department of Human Services

(1)

(a)

(b)

(c)

(2)

(3)

(4)

(5)

(6)

(7)

(a)

(A)

(B)

(i)

(ii)

(iii)

(iv)

(b)

Notes of Decisions

ORS 419B.337
Commitment to custody of Department of Human Services