A Permanency Hearing must be held no later than 12 months after
a child was found within the jurisdiction of the court under ORS
419B.100 or 14 months after the
child was placed in substitute care, whichever is the earlier, and thereafter
no less frequently than 12 months for as long as the child remains in
substitute care. The Permanency Hearing will:
(1) Be held for all children in the legal or
physical custody of the Department and placed in paid or unpaid substitute care
including, but not limited to, children in foster or relative placements, group
homes, permanent foster care, emergency shelters, residential facilities,
non-finalized adoptive placements, subsidized independent living, accredited
psychiatric facilities, SAIP, and SCIP. Children's permanency hearings continue
regardless of whether the placement is licensed or certified or, the child is
on runaway status, or the child is returned to a parental home on the basis of
a trial home visit.
(2) Be
conducted by a juvenile court, another court of competent jurisdiction, or by
an authorized tribal court; and
(3)
Determine the permanency plan for the child that includes whether, and if
applicable, when the child will:
(a) Be
returned to the parent;
(b) Be
placed for adoption and the Department shall file a petition to terminate the
parental rights of the parent(s) to a child in Department custody;
(c) Be referred to legal guardianship;
or
(d) Be placed in another planned
permanent living arrangement. If the Department has determined that is not in
the best interest of the child to file a petition for termination of parental
rights, the case plan must also contain documentation for review by the court
that:
(A) The child is being cared for by a
relative and that placement is intended to be permanent; or
(B) There is a compelling reason that filing
such a petition would not be in the best interests of the child. Such
compelling reasons include, but are not limited to:
(i) The parent is successfully participating
in services that will make it possible for the child to safely return home
within a reasonable time;
(ii)
Another permanent plan is better suited to meet the health and safety needs of
the child;
(iii) The court or local
CRB in a prior hearing or review determined that while the case plan was to
reunify the family the Department did not make reasonable efforts or, if the
Indian Child Welfare Act applies, active effort to make it possible for the
child to safely return home; or
(iv) The Department has not provided to the
family of the child, consistent with the time period in the case plan, such
services as the Department deems necessary for the child to safely return home,
if reasonable efforts to make it possible for the child to safely return home
are required to be made with respect to the child.
Notes
Or. Admin. Code
§
413-040-0140
SCF 6-1995, f. 12-22-95,
cert. ef. 12-29-95; SOSCF 24-1999, f. & cert. ef. 12-14-99; SOSCF
8-2000(Temp), f. 3-10-00, cert. ef. 3-10-00 thru 9-6-00; SOSCF 22-2000, f.
9-6-00, cert. ef. 9-7-00; CWP 23-2003, f. & cert. ef. 5-22-03; CWP 2-2006,
f. & cert. ef. 2-1-06
Stat. Auth.: ORS
418.005
Stats. Implemented: ORS
418.005,
419A.090-419A.122,
419B.440-419B.476,
419C.623-419C.656
