1. (1) The Department of Human Services shall move the court for approval of a placement no later than 30 days following the date the department placed, or will place, a child or ward in a qualified residential treatment program described in ORS 418.323.

2. (2)

   1. (a) The motion for approval of the placement must include, at a minimum:

      1. (A) The date of the placement;
      2. (B) To the extent practicable, the parties’ placement preferences; and
      3. (C) A copy of the child’s or ward’s independent assessment described in ORS 418.324.
   2. (b) Notwithstanding paragraph (a)(C) of this subsection, if the independent assessment is not completed at the time the department files the motion under subsection (1) of this section, the department may file the motion under this section without the assessment and shall supplement the motion with a copy of the completed assessment immediately following the department’s receipt of the completed assessment.
3. (3) The department shall provide an exact copy of the motion to each of the parties listed in ORS 419B.875.
4. (4) Upon receipt of a motion under this section, the court shall schedule a hearing to occur no later than 60 days following the date the child or ward is placed in the qualified residential treatment program.

5. (5)

   1. (a) The court shall enter an order approving or disapproving the placement and make specific determinations regarding the following:

      1. (A) Whether the needs of the child or ward can be met through placement in a foster family home or in a proctor foster home as defined in ORS 418.205.

      2. (B) If the court determines that the needs of the child or ward cannot be met through placement in a foster family home or proctor foster home, whether placement of the child or ward in the qualified residential treatment program:

         1. (i) Provides the least restrictive setting to provide the most effective and appropriate level of care for the child or ward; and
         2. (ii) Is consistent with the child’s or ward’s case plan.

   2. (b) In addition to the determinations under paragraph (a) of this subsection, if the motion is for approval of the placement of a child or ward in an out-of-state child-caring agency that serves juvenile offenders as defined in ORS 418.321 (6), the court may not approve the placement unless the court finds that the child or ward’s placement in the out-of-state child-caring agency is the least restrictive setting available to meet the child or ward’s treatment needs, taking into consideration all of the following:

      1. (A) The nature of the services offered by the child-caring agency;
      2. (B) The population served by the child-caring agency;
      3. (C) The percentage of the child-caring agency’s population that is juvenile offenders; and
      4. (D) Whether the child-caring agency is required to file a report under the Prison Rape Elimination Act of 2003, 34 U.S.C. 30301 et seq.
   3. (c) The court may receive testimony, reports or other material relating to the child’s or ward’s mental, physical and social history and prognosis without regard to the competency or relevancy of the testimony, reports or other material under the rules of evidence.
6. (6) The court shall enter an order under subsection (5) of this section no later than 60 days following the date the child or ward is placed in the qualified residential treatment program.
7. (7) If the court enters an order disapproving the child’s or ward’s placement, the department shall move the child or ward to a placement that provides care, supervision and services that are consistent with the court’s order no later than 30 days following the date the court enters the order.

[2020 s.s.1 c.19 §14b]