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In re Richardson

April 9, 1973

IN THE MATTER OF RICHARDSON, RODNEY, WALTER, NANCY, MINOR CHILDREN. STATE EX REL JUVENILE DEPARTMENT OF MULTNOMAH COUNTY, RESPONDENT,
v.
RICHARDSON ET UX, APPELLANTS



Appeal from Circuit Court, Multnomah County. Harlow F. Lenon, Judge. No. 18,953.

Nancy Snow Kaza, Portland, argued the cause for appellants. With her on the briefs were Legal Aid Service -- Multnomah Bar Association, Inc., and Charles Williamson, Portland.

Al J. Laue, Assistant Attorney General, Salem, argued the cause for respondent State of Oregon. With him on the brief were Lee Johnson, Attorney General, and John W. Osburn, Solicitor General, Salem.

Foley, Judge. Schwab, Chief Judge. Thornton, Judge, dissenting.

Foley

This is an appeal by the parents of Rodney, Walter and Nancy Richardson, minor children who are wards of the Multnomah County Juvenile Court and who are in the legal custody of the Children's Services Division pursuant to ORS 419.507 (2). The parents moved the juvenile court for an order requiring the Children's Services Division to arrange periodic visits between them and their children. The juvenile court denied their motion on the ground that it had no authority to order the Division to arrange visitation, but could only recommend that it be done. The parents appeal from this denial.

The question presented to this court is that of the power of the juvenile court, once it has placed its wards with the Children's Services Division, to order the Division to make arrangements for visitation. The controlling statute is ORS 419.507, which provides in pertinent part as follows:

"A child found to be within the jurisdiction of the court as provided in subsection (1) of ORS 419.476, may be made a ward of the court. Where a child has been found to be within its jurisdiction,

and when the court determines it would be in the best interest and welfare of the child, the court may:

"(1) * * * [The court may make its own placement by probation or under protective supervision, including, but not limited to, restrictions on visitation, etc.]*fn1

"(2) Place the child in the legal custody of the Children's Services Division for care, placement and supervision.

"(a) The division may place the child in a child care center authorized to accept the child.

"(b) If the child has been placed in the custody of the Children's Services Division, the court shall make no commitment directly to any residential facility, but shall cause the child to be delivered into the custody of the Children's Services Division at the time and place fixed by rules of the division. No child so committed shall be placed in the Oregon State Penitentiary or the Oregon State Correctional Institution.

"(c) Uniform commitment blanks, in a form approved by the Administrator of the Children's Services Division, shall be used by all courts for placing

children in the legal custody of the Children's Services Division.

"(d) To insure effective planning for children, the Children's Services Division shall take into consideration recommendations and information provided by the committing court before placement in any ...


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