(2) If the notice required under subsection (1) of this section has been given, the court may grant the grandparent’s request in whole or in part if the court finds that:

(a) Prior to the establishment of wardship:

(A) An ongoing relationship existed between the grandparent and the ward that included regular visits or other contact or communication; or

(B) Despite the grandparent’s efforts, no ongoing relationship existed between the grandparent and the ward due to circumstances beyond the grandparent’s control;

(b) Ordering visitation or other contact or communication between the grandparent and the ward will support and not interfere with development and implementation of a permanent or concurrent permanent plan for the ward;

(c) Ordering visitation or other contact or communication between the grandparent and the ward will not reduce the frequency or the quality of a parent’s visitation or other contact or communication with the ward;

(d) If the court determines consultation with the ward is appropriate, the ward has been consulted and agrees that the court should allow the grandparent’s request in whole or in part;

(e) Ordering visitation or other contact or communication between the grandparent and the ward is in the ward’s best interests; and

(f) Ordering visitation or other contact or communication between the grandparent and the ward would not unreasonably burden the resources of the Department of Human Services.

(3) Unless otherwise agreed by the Department of Human Services and the grandparent, the costs of transportation, lodging, food or other expenses required to implement visitation ordered by the court under this section shall be the responsibility of the grandparent.

(4) Notwithstanding ORS 419A.200, a grandparent may not appeal from or otherwise challenge on appeal an order or judgment of the court denying in whole or in part a request for visitation or other contact or communication made under this section.

(5) The court may receive testimony, reports or other material relating to the 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 for the purpose of making the findings required by subsection (2) of this section.

(6) As used in this section, "grandparent" means the legal parent of the child’s or ward’s legal parent, regardless of whether the parental rights of the child’s or ward’s legal parent have been terminated under ORS 419B.500 to 419B.524. [2013 c.436 §3; 2015 c.216 §2]

Note: 419B.876 was added to and made a part of ORS chapter 419B by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.