Skip to main content

Oregon State Flag An official website of the State of Oregon »

Oregon Judicial Department Logo

Making the Findings

Considerations in
Making the CRB Findings


WARNING:
Please do not read this as a guide of what topics must be covered under each finding,
but as a guide to what important issues/rules/laws may come up or may be relevant at a CRB review.


  • Finding 2:

    "Has ODHS taken appropriate steps to ensure that 1) the substitute care provider is following the reasonable and prudent parent standard, and 2) the child has regular, ongoing opportunities to engage in age appropriate or developmentally appropriate activities?"

    • “Reasonable and prudent parent standard” is the standard, characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child or young adult while encouraging the emotional and developmental growth of the child or young adult, that a substitute care provider shall use when determining whether to allow a child or young adult in substitute care to participate in extracurricular, enrichment, cultural, and social activities. OAR 413-070-0000(76) and ORS 419B.194(1)(b)
    • What is this finding really about? - American Bar Assoc. article

  • Finding 3:
    "Has ODHS made diligent efforts to place the child with a relative or person who has a caregiver relationship?"
    • Why?
    • "Relative" defined: OAR 413-070-0000; See definition (79).
    • "Person who has a caregiver relationship" defined:  OAR 413-070-0000; See definition (10).
    • Diligent Efforts: Relative Search
      • ODHS must begin relative search immediately in every case, during the CPS process (OAR 413-070-0069(1)), and must contact core relatives within 30 days of the child's removal (OAR 413-070-0072).
      • ODHS must respond to relatives within 15 days. OAR 413-070-0072(4)
      • ODHS must review/update relative search frequently throughout the case at specific junctures, including reviewing/updating relative search no more than 30 calendar days prior to any CRB/court hearing. OAR 413-070-0081


  • Finding 5:
    "Has ODHS made reasonable efforts in accordance with the case plan to place the child in a timely manner and to complete the steps necessary to finalize the permanent placement?"
    • Reasonable Efforts - Please see above for "reasonable efforts" resources.
    • Adoption / Guardianship Cases
      • TPR - ODHS must file a petition to terminate the parents’ rights when the child has been in care for 15 of the last 22 months (unless certain exceptions apply): OAR 413-110-0240
      • Offer Mediation - ODHS must discuss with parents and resource parents the cooperative adoption planning process available through mediation and refer them to mediation (to develop a post-adoption parent-child contact agreement) if they desire. OAR 413-120-0635
      • Reasonable Efforts to Finalize Adoptions - CRB training taught by ODHS.
      • Reasonable Efforts to Finalize Guardianships - CRB training taught by ODHS.
    • APPLA / Placement With a Fit and Willing Relative Cases
      • Services to the child (CRB Finding 1) are relevant, as well as the agency's efforts to place the child in a living situation that will be indefinite.
    • Estimated Date to Leave Care - The CRB must inquire as to what ODHS estimates is a likely date that the child will leave foster care (ie, the date that their permanency plan will finalize or they will age out). ORS 419A.116(g)
      • In reunification cases, use the date expected to leave care listed in the case plan instead of inquiring at the CRB review.

  • Finding 6:
    "Is the parent making sufficient progress to make it possible for the child to safely return home within a reasonable time?"
    • Progress? Progress at what?
      • The Oregon Juvenile Dependency Benchbook is a guide for judges and explains how to make each of their required findings. When assessing parental progress at review hearings, judges are advised to inquire about what progress the parent has made “toward ameliorating the basis of jurisdiction.” This is because when the basis for jurisdiction is ameliorated, the court cannot keep a child away from their parents and the child is able to safely return home. So, the basis for jurisdiction also guides our analysis under CRB Finding 6.
    • "Within a Reasonable Time"
      • The Oregon Juvenile Dependency Benchbook for judges defines a “reasonable time” as a period of time that is reasonable given a child’s emotional and developmental needs and ability to form and maintain lasting attachments. ORS 419A.004(26) The court/CRB considers the child’s particular needs and circumstances and any barriers the parents might face.
        • For example: Whether the child's placement in substitute care would be unacceptably long given her age; the amount of time the child has already spent in foster care; the child's unique permanency needs; how long the parent would have to remain in services before the child could safely return home, and how such a delay would impair the child's best interests; whether the parent suffers from drug or alcohol addiction, or that the parent has mental health issues that are too severe to alleviate within the foreseeable future; and the parent's participation and progress in services at the time of the hearing. Dept. of Human Services v. D.I.R., 285 Or App 60 (2017)

  • Finding 7:
    "Has ODHS made sufficient efforts in developing the concurrent permanency plan?"
    • Concurrent Planning Guide
    • ODHS must involve the following parties in concurrent planning:
    • Relative Search
      • Please see resources about relative search efforts above under CRB Finding 3. All relative search efforts are relevant to concurrent planning as well.

  • Finding 8:
    "Is ODHS in compliance with the case plan and court orders?"
    • To get a positive finding here, all rules/laws/procedures are relevant. ODHS must:
      • ...have gotten positive findings on all other findings at this CRB review,
      • ...must be in compliance with all court orders and prior CRB recommendations (unless ODHS stated in writing within 17 days of receiving the report that they were not going to implement a recommendation), and
      • ...must be in compliance with the goals of the case plan (including any laws, rules, or procedures necessary to implement the plan).
    • ODHS should have provided all requested documents for each review, and it is difficult to make a positive finding here if the required documents were not submitted by ODHS and reviewed by the board.
      • Note that by Oregon law, each local CRB "shall have access to: ...Any records of the Department of Human Services that would be admissible in a permanency hearing..., including school records and reports of private service providers contained in the records of the department or other agency. All requested records ...shall be submitted [to the CRB] by the department within five working days after receipt of the [CRB's] request." ORS 419A.102(1)(b)