Section 419B.476 - Conduct of hearing; court determinations; orders(1) A permanency hearing shall be conducted in the manner provided in ORS 418.312, 419B.310, 419B.812 to 419B.839 and 419B.908, except that the court may receive testimony and reports as provided in ORS 419B.325.(2) At a permanency hearing the court shall: (a) If the case plan at the time of the hearing is to reunify the family, determine whether the Department of Human Services has made reasonable efforts or, if the ward is an Indian child, active efforts as described in ORS 419B.645 to make it possible for the ward to safely return home and whether the parent has made sufficient progress to make it possible for the ward to safely return home. In making its determination, the court shall consider the ward's health and safety the paramount concerns.(b) If the case plan at the time of the hearing is something other than to reunify the family, determine whether the department has made reasonable efforts to place the ward in a timely manner in accordance with the plan, including, if appropriate, reasonable efforts to place the ward through an interstate placement, and to complete the steps necessary to finalize the permanent placement.(c) If the case plan at the time of the hearing is something other than to reunify the family, determine whether the department has considered permanent placement options for the ward, including, if appropriate, whether the department has considered both permanent in-state placement options and permanent interstate placement options for the ward.(d) Make the findings of fact under ORS 419B.449(3).(e) If the child is an Indian child and the case plan at the time of the hearing is something other than to reunify the family, make a finding whether, after the department's consultation with the child's tribe, and, if the tribe appears at the hearing, the court's direct consultation with the tribe, tribal customary adoption, as described in ORS 419B.656, is an appropriate permanent placement for the child if reunification is unsuccessful.(3) When the ward is 14 years of age or older, in addition to making the determination required by subsection (2) of this section, at a permanency hearing the court shall review the comprehensive plan for the ward's transition to successful adulthood and determine and make findings as to: (a) Whether the plan is adequate to ensure the ward's transition to successful adulthood;(b) Whether the department has offered appropriate services pursuant to the plan; and(c) Whether the department has involved the ward in the development of the plan.(4) At a permanency hearing the court may: (a) If the case plan changed during the period since the last review by a local citizen review board or court hearing and a plan to reunify the family was in effect for any part of that period, determine whether the department has made reasonable efforts or, if the ward is an Indian child, active efforts as described in ORS 419B.645 to make it possible for the ward to safely return home. In making its determination, the court shall consider the ward's health and safety the paramount concerns;(b) If the case plan changed during the period since the last review by a local citizen review board or court hearing and a plan other than to reunify the family was in effect for any part of that period, determine whether the department has made reasonable efforts to place the ward in a timely manner in accordance with the plan, including, if appropriate, placement of the ward through an interstate placement, and to complete the steps necessary to finalize the permanent placement;(c) If the court determines that further efforts will make it possible for the ward to safely return home within a reasonable time, order that the parents participate in specific services for a specific period of time and make specific progress within that period of time;(d) Determine the adequacy and compliance with the case plan and the case progress report;(e) Review the efforts made by the department to develop the concurrent permanent plan, including but not limited to identification of appropriate permanent in-state placement options and appropriate permanent interstate placement options and, if adoption is the concurrent case plan, identification and selection of a suitable adoptive placement for the ward;(f) Order the department to develop or expand the case plan or concurrent permanent plan and provide a case progress report to the court and other parties within 10 days after the permanency hearing;(g) Order the department or agency to modify the care, placement and supervision of the ward;(h) Order the local citizen review board to review the status of the ward prior to the next court hearing; or(i) Set another court hearing at a later date.(5) The court shall enter an order within 20 days after the permanency hearing. In addition to any determinations or orders the court may make under subsection (4) of this section, the order shall include the following: (a) The court's determinations required under subsections (2) and (3) of this section, including a brief description of the efforts the department has made with regard to the case plan in effect at the time of the permanency hearing.(b) The court's determination of the permanency plan for the ward that includes whether and, if applicable, when:(A) The ward will be returned to the parent;(B) The ward will be placed for adoption, and a petition for termination of parental rights will be filed;(C) The ward will be referred for establishment of legal guardianship;(D) The ward will be placed with a fit and willing relative; or(E) If the ward is 16 years of age or older, the ward will be placed in another planned permanent living arrangement.(c) If the court determines that the permanency plan for the ward should be to return home because further efforts will make it possible for the ward to safely return home within a reasonable time, the court's determination of the services in which the parents are required to participate, the progress the parents are required to make and the period of time within which the specified progress must be made.(d) If the court determines that the permanency plan for the ward should be adoption, the court's determination of whether one of the circumstances in ORS 419B.498(2) is applicable.(e) If the court determines that the permanency plan for the ward should be establishment of a legal guardianship, the court's determination of why neither placement with parents nor adoption is appropriate.(f) If the court determines that the permanency plan for a ward should be placement with a fit and willing relative, the court's determination of why placement with the ward's parents, or for adoption, or placement with a legal guardian, is not appropriate.(g) If the court determines that the permanency plan for the ward should be tribal customary adoption, the court's determination of whether one of the circumstances in ORS 419B.498(2) is applicable.(h) If the court determines that the permanency plan for a ward 16 years of age or older should be another planned permanent living arrangement, the court's determinations: (A) Why another planned permanent living arrangement is in the ward's best interests and a compelling reason, that must be documented by the department, why it would not be in the best interests of the ward to be returned home, placed for adoption, placed with a legal guardian or placed with a fit and willing relative; and(B) That the department has taken steps to ensure that:(i) The ward's substitute care provider is following the reasonable and prudent parent standard; and(ii) The ward has regular, ongoing opportunities to engage in age-appropriate or developmentally appropriate activities, including consultation with the ward in an age-appropriate manner about the opportunities the ward has to participate in the activities.(i) If the current placement is not expected to be permanent, the court's projected timetable for return home or for placement in another planned permanent living arrangement. If the timetable set forth by the court is not met, the department shall promptly notify the court and parties.(j) If the ward is an Indian child, the tribal affiliation of the ward.(k) If the ward is an Indian child and if the court determines that the permanency plan for the ward should be something other than to reunify the family, the court's determination, by clear and convincing evidence, that: (A) Active efforts as described in ORS 419B.645 were provided to make it possible for the Indian child to safely return home;(B) Despite the efforts provided, continued removal of the Indian child is necessary to prevent serious emotional or physical damage to the Indian child;(C) The parent has not made sufficient progress to make it possible for the Indian child to safely return home; and(D) The new permanency plan complies with the placement preferences described in ORS 419B.654.(l) If the ward has been placed in an interstate placement, the court's determination of whether the interstate placement continues to be appropriate and in the best interests of the ward.(6) In making the determinations under subsection (5)(h) of this section, the court shall ask the ward about the ward's desired permanency outcome.(7) If the child is an Indian child: (a) The court shall follow the placement preferences described in ORS 419B.654.(b) If the court finds that the department did not provide active efforts to make it possible for the Indian child to safely return home, the court may not, at that permanency hearing, change the permanency plan to something other than to reunify the family.(c) If the court finds that the department did not provide active efforts to make it possible for the Indian child to return home, except as otherwise required under ORS 419B.470, the court may not set a date for a subsequent permanency hearing until the department has provided active efforts for the number of days that active efforts were not previously provided.(d)(A) If the court determines that tribal customary adoption, as described in ORS 419B.656, is an appropriate permanent placement for the child, and the Indian child's tribe consents, the court shall request that the tribe file with the court a tribal customary adoption order or judgment evidencing that the tribal customary adoption has been completed. The tribe must file the tribal customary adoption order or judgment no less than 20 days prior to the date set by the court for hearing.(B) Upon the tribe's request, the court may grant an extension of time to file the tribal customary adoption order or judgment, not to exceed 60 days.(C) If the tribe does not file the tribal customary adoption order or judgment within the designated time period, the court shall order a new permanency hearing to determine the best permanency plan for the child.(8) Any final decision of the court made pursuant to the permanency hearing is appealable under ORS 419A.200. On appeal of a final decision of the court under this subsection, the court's finding, if any, under ORS 419B.340(5) that the department is not required to make reasonable efforts to make it possible for the ward to safely return home is an interlocutory order to which a party may assign error.Amended by 2021 Ch. 398,§ 65b, eff. 9/25/2021, op. 1/2/2022.Amended by 2020SP1 Ch. 14,§ 38, eff. 1/1/2021.Amended by 2015 Ch. 254,§ 5, eff. 10/1/2015.1993 c.33 §137; 1993 c.546 §128; 1999 c.568 §2; 1999 c.859 §15; 2001 c.480 §9; 2001 c.622 §50; 2001 c.686 §16; 2001 c.910 §5; 2003 c. 396, § 81; 2003 c. 544, § 1a; 2007 c. 611, § 8; 2007 c. 806, § 11