ORS 419B.360
Court approval of placement


(1)

The Department of Human Services shall move the court for approval of a placement no later than 30 days following the date the department placed, or will place, a child or ward in a qualified residential treatment program described in ORS 419B.356 (Qualified residential treatment program).

(2)

(a) The motion for approval of the placement must include, at a minimum:

(A)

The date of the placement;

(B)

To the extent practicable, the parties’ placement preferences; and

(C)

A copy of the child’s or ward’s independent assessment described in ORS 419B.358 (Independent assessment).

(b)

Notwithstanding paragraph (a)(C) of this subsection, if the independent assessment is not completed at the time the department files the motion under subsection (1) of this section, the department may file the motion under this section without the assessment and shall supplement the motion with a copy of the completed assessment immediately following the department’s receipt of the completed assessment.

(3)

The department shall provide an exact copy of the motion to each of the parties listed in ORS 419B.875 (Parties to proceedings).

(4)

Upon receipt of a motion under this section, the court shall schedule a hearing to occur no later than 60 days following the date the child or ward is placed in the qualified residential treatment program.

(5)

(a) The court shall enter an order approving or disapproving the placement and make specific determinations regarding the following:

(A)

Whether the needs of the child or ward can be met through placement in a foster family home or in a proctor foster home as defined in ORS 418.205 (Definitions for ORS 418.205 to 418.327, 418.470, 418.475, 418.950 to 418.970 and 418.992 to 418.998).

(B)

If the court determines that the needs of the child or ward cannot be met through placement in a foster family home or proctor foster home, whether placement of the child or ward in the qualified residential treatment program:

(i)

Provides the least restrictive setting to provide the most effective and appropriate level of care for the child or ward; and

(ii)

Is consistent with the child’s or ward’s case plan.

(b)

The court may receive testimony, reports or other material relating to the child’s or 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.

(6)

The court shall enter an order under subsection (5) of this section no later than 60 days following the date the child or ward is placed in the qualified residential treatment program.

(7)

If the court enters an order disapproving the child’s or ward’s placement, the department shall move the child or ward to a placement consistent with the court’s order no later than 30 days following the date the court enters the order. [2019 c.619 §7]
Note: See note under 419B.356 (Qualified residential treatment program).
§§ 419B.500 to 419B.524

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)


Source
Last accessed
May. 15, 2020