Best Interests of the Child

Statute: Or. Rev. Stat. Ann. § 107.137(1) (WESTLAW through End of 1999 Reg. Sess.)

Law:

In determining the custody of a minor child, the court shall give primary consideration to the best interests and welfare of the child. In determining the best interests and welfare of the child, the court shall consider the following relevant factors:

The emotional ties between the child and other
family members;

The interest of the parties in and attitude
toward the child;

The desirability of continuing an existing
relationship;

The abuse of one parent by the other;

The preference of the primary caregiver of the
child, if the caregiver is deemed fit by the
court; and

The willingness and ability of each parent to
facilitate and encourage a close and continuing
relationship between the other parent and the
child. However, the court may not consider such
willingness and ability if one parent shows that
the other parent has sexually assaulted or
engaged in a pattern of behavior of abuse against
the parent or a child and that a continuing
relationship with the other parent will endanger
the health or safety of either parent or the
child.

Concurrent Planning

Statute: Or. Rev. Stat. Ann. § 419B.343(2) (WESTLAW through Or. 2003 Legis. Serv., Ch. 396)

:

Except in cases when the plan is something other than to reunify the family, the Department of Human Services shall include in the case plan:
Appropriate services to allow the parent the opportunity to adjust the parent's circumstances, conduct or conditions to make it possible for the ward to safely return home with a reasonable time; and

A concurrent permanent plan to be implemented if
the parent is unable or unwilling to adjust the
parent's circumstances, conduct or conditions in
such a way as to make it possible for the ward to
safely return home within a reasonable time.

tute: Or. Rev. Stat. Ann. § 419B.449(3)-(4) (WESTLAW through Or. 2003 Legis. Serv., Ch. 396)

Laws:

In making findings under this section, the court shall consider the efforts made to develop the concurrent case plan, including, but not limited to, identification and selection of a suitable adoptive placement for the child or ward when adoption is the concurrent case plan.
In addition to findings of fact required for the review hearing, the court may order the Department of Human Services to consider additional information in developing the case plan or concurrent case plan.