Informal Resolution for Juvenile Dependency Cases

CTCLUSI TC Ch 4-4 § 4-4-19

Tribe: Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians

4-4-19 Informal Resolution
(a) At any time prior to an adjudicatory proceeding, the Court, on its own motion or the motion of a party, may set the matter for a judicial settlement conference. At such conference, the Court may take admissions and make the child a dependent, or may dismiss the petition in favor of an agreement between Human Services and the parent or custodian to engage in remedial services.

(b) If a voluntary agreement is sought by the parties, the Court must find that this resolution is in the child’s best interests and that the parent or custodian understands the obligations and consequences of the agreement. Such agreement shall be in writing and state the remedial service plan agreed to and how such plan will be carried out.

(c) No voluntary plan under this section shall take more than six (6) months to fulfill unless approved by the Court and reviewed by the Court within six (6) months.

(d) Human Services shall review the family’s progress every thirty (30) days. If the parent or custodian fails to follow the plan between the first thirty- (30) day review and the expiration of the agreement, Human Services shall refile the petition and take any other steps needed to protect the child.

(e) A voluntary agreement that includes an out-of-home placement for the child may be withdrawn by the consenting party at any time by written notice served on the parties and filed with the Court. Upon notice of withdrawal of consent, the child shall be returned immediately to the parent or custodian unless the child’s conditions and circumstances are such that protective custody is warranted pursuant to 4-4-9

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