(1) As used in this section:

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(a) ‘Caregiver relationship’ has the meaning given that term in ORS § 419B.116.

(b) ‘Placement’ includes adoptive placement of a child or ward, selection of a guardian for a child or ward or placement or continuation of placement of a child or ward in substitute care.

(2) If the court finds that a child or ward is in need of placement, there shall be a preference given to placement of the child or ward with relatives, with current caretakers and with persons who have a caregiver relationship with the child or ward. The Department of Human Services shall make diligent efforts to place the child or ward with such persons and shall report to the court the efforts made by the department to effectuate that placement.

(3) If a child or ward in need of placement has a sibling also in need of placement, the department shall make diligent efforts to place the siblings together and shall report to the court the efforts made by the department to carry out the placement, unless the court finds that placement of the siblings together is not in the best interests of the child or the ward or the child’s or the ward’s sibling.

(4) In attempting to place the child or ward pursuant to subsections (2) and (3) of this section, the department shall consider the following:

(a) The ability of the person being considered to provide safety for the child or ward, including a willingness to cooperate with any restrictions placed on contact between the child or ward and others, and to prevent anyone from influencing the child or ward in regard to the allegations of the case;

(b) The ability of the person being considered to support the efforts of the department to implement the permanent plan for the child or ward;

(c) The ability of the person being considered to meet the child or ward’s physical, emotional and educational needs, including the child or ward’s need to continue in the same school or educational placement;

(d) The ability of the person being considered to maintain safe, long-term contact with siblings, relatives and caregivers known to the child or ward and others with whom the child or ward has developed an emotional attachment;

(e) Which person has the closest existing personal relationship with the child or ward if more than one person requests to have the child or ward placed with them pursuant to this section; and

(f) The ability of the person being considered to provide a placement for the child’s or ward’s sibling who is also in need of placement or continuation in substitute care.

(5) When the court is required to make findings regarding the department’s diligent efforts to place a child or ward with relatives, current caretakers or persons with a caregiver relationship under subsection (2) of this section, and the court determines that, contrary to the placement decision of the department, placement with a relative, current caretaker or caregiver is not in the best interest of the child or ward under ORS § 419B.349, the court shall make written findings setting forth the reasons why the court finds that placement of the child or ward with an available relative, current caretaker or caregiver is not in the best interest of the child.

(6) Notwithstanding subsections (2) to (5) of this section, in cases where there is reason to know, as described in ORS § 419B.636, the child or ward is an Indian child, the department shall make diligent efforts to place the child or ward according to the placement preferences described in ORS § 419B.654.

(7) The department may not move a child or ward who is in substitute care for the sole purpose of preventing the establishment of a caregiver relationship or a current caretaker relationship. [1997 c.479 § 4; 1999 c.569 § 9; 2003 c.396 § 43; 2005 c.449 § 1; 2005 c.521 § 2; 2007 c.806 § 5; 2009 c.565 § 1; 2020 s.s.1 c.14 § 32; 2023 c.291 § 4]