Bill Text: OR HB3219 | 2013 | Regular Session | Introduced

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Bill Title: Relating to termination of parental rights.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3219 Detail]

Download: Oregon-2013-HB3219-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2962

                         House Bill 3219

Sponsored by COMMITTEE ON HUMAN SERVICES AND HOUSING

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Prohibits finding of unfitness, for purpose of terminating
parental rights, based solely on emotional illness, mental
illness, intellectual or developmental disability or other
disability.

                        A BILL FOR AN ACT
Relating to termination of parental rights; creating new
  provisions; and amending ORS 419B.504.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 419B.504 is amended to read:
  419B.504. The rights of the parent or parents may be terminated
as provided in ORS 419B.500 if the court finds that the parent or
parents are unfit by reason of conduct or condition seriously
detrimental to the child or ward and integration of the child or
ward into the home of the parent or parents is improbable within
a reasonable time due to conduct or conditions not likely to
change. In determining such conduct and conditions, the court
shall consider but is not limited to the following:
  (1) Emotional illness, mental illness { + , + }   { - or mental
retardation - }   { + intellectual or developmental disability or
other disability  + }of the parent of such nature and duration as
to render the parent incapable of providing proper care for the
child or ward for extended periods of time. { +  The court may
not find a parent unfit solely by reason of having an emotional
illness, mental illness, intellectual or developmental disability
or other disability. + }
  (2) Conduct toward any child of an abusive, cruel or sexual
nature.
  (3) Addictive or habitual use of intoxicating liquors or
controlled substances to the extent that parental ability has
been substantially impaired.
  (4) Physical neglect of the child or ward.
  (5) Lack of effort of the parent to adjust the circumstances of
the parent, conduct, or conditions to make it possible for the
child or ward to safely return home within a reasonable time or
failure of the parent to effect a lasting adjustment after
reasonable efforts by available social agencies for such extended
duration of time that it appears reasonable that no lasting
adjustment can be effected.
  (6) Criminal conduct that impairs the parent's ability to
provide adequate care for the child or ward.
  SECTION 2.  { + The amendments to ORS 419B.504 by section 1 of
this 2013 Act apply to proceedings, for the purpose of
terminating parental rights based upon unfitness, commencing on
or after the effective date of this 2013 Act. + }
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