ORS 419B.532
Reinstatement of parental rights; rules


(1)

As used in this section, “former parent” means a person who was previously the legal parent of a ward and whose parental rights to the ward have been terminated.

(2)

(a) In a proceeding under ORS 419B.500 (Termination of parental rights generally), the Department of Human Services or a ward may file a motion to reinstate the parental rights of a former parent if:

(A)

(i) The ward has not been adopted; or

(ii)

The ward was previously adopted but no longer has a legal parent;

(B)

No legal action to achieve the adoption of the ward has been initiated under ORS 109.309 (Petition for adoption) or 419B.529 (Adoption after permanent commitment or surrender);

(C)

At least 18 months have passed since entry of the judgment terminating the former parent’s parental rights to the ward or, in the event of an appeal, at least six months have passed since issuance of an appellate judgment affirming the termination judgment, whichever is later; and

(D)

Except as provided in paragraph (b) of this subsection, the ward is at least 12 years of age at the time the motion to reinstate parental rights is filed.

(b)

If the ward is under 12 years of age at the time the motion to reinstate parental rights is filed, the court may allow the motion upon a showing of good cause.

(3)

A motion to reinstate parental rights under this section must be in writing and state with particularity the factual and legal grounds for the motion.

(4)

The moving party shall provide a copy of the motion to reinstate parental rights to the former parent and shall notify the court, the parties and, if the Indian Child Welfare Act applies, the tribe that a copy of the motion has been provided.

(5)

If a motion to reinstate parental rights does not state a prima facie case as to the facts that must be proved under subsection (6) of this section, the court may deny the motion without a hearing.

(6)

(a) If a motion to reinstate parental rights states a prima facie case as to the facts that must be proved under this subsection, the court shall hold a hearing on the merits of the motion. The court shall grant the motion if the moving party proves by clear and convincing evidence that:

(A)

The former parent’s conduct and conditions that led to the termination of parental rights have been ameliorated and the former parent is presently fit;

(B)

The former parent wishes to have parental rights reinstated;

(C)

The ward consents to the reinstatement of parental rights; and

(D)

Reinstatement of parental rights is in the ward’s best interests.

(b)

In determining whether reinstatement of parental rights is in the ward’s best interests under paragraph (a) of this subsection, the court shall consider:

(A)

The ward’s health, safety, permanency, age, maturity and ability to express the ward’s preferences;

(B)

The reasons that the former parent’s parental rights were terminated;

(C)

The former parent’s stated reasons for wishing to have parental rights reinstated; and

(D)

The likely impact on the ward of the former parent’s past abuse or neglect.

(c)

The moving party shall provide notice to the former parent of a hearing on the merits under paragraph (a) of this subsection.

(d)

The department shall establish by rule procedures for investigating the present fitness of the former parent and for providing appropriate reunification services.

(7)

If the court grants the motion to reinstate parental rights under subsection (6) of this section:

(a)

The court shall enter an order reinstating parental rights that shall restore all parental rights and duties of the former parent as to the ward;

(b)

The ward shall continue as a ward of the court for at least six months after entry of the order reinstating parental rights; and

(c)

The court shall conduct a permanency hearing as provided in ORS 419B.470 (Permanency hearing) within 60 days after entering the order under paragraph (a) of this subsection.

(8)

An order reinstating parental rights under this section does not vacate or otherwise affect the validity of the original judgment terminating the parental rights of the former parent except to the extent that the order reinstates parental rights.

(9)

In any proceeding under this section, the ward is entitled to have counsel appointed at state expense if the ward is determined to be financially eligible under the policies, procedures, standards and guidelines of the Public Defense Services Commission. [2018 c.89 §2]
§§ 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)


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Last accessed
May. 15, 2020