2007 Oregon Chapter 419b :: Chapter 419B - Juvenile Code: Dependency
Chapter 419B — Juvenile Code: Dependency
2007 EDITION
JUVENILE CODE: DEPENDENCY
HUMAN SERVICES; JUVENILE CODE; CORRECTIONS
REPORTING OF CHILD ABUSE
419B.005Â Definitions
419B.007Â Policy
419B.010Â Duty
of officials to report child abuse; exceptions; penalty
419B.015Â Report
form and content; notice
419B.017Â Time
limits for notification between law enforcement agencies and Department of
Human Services; rules
419B.020Â Duty
of department or law enforcement agency receiving report; investigation; notice
to parents; physical examination; childÂ’s consent; notice at conclusion of
investigation
419B.022Â Short
title
419B.023Â Duties
of person conducting investigation under ORS 419B.020
419B.024Â Critical
Incident Response Team for child fatality; rules
419B.025Â Immunity
of person making report in good faith
419B.028Â Photographing
child during investigation; photographs as records
419B.030Â Central
registry of reports
419B.035Â Confidentiality
of records; when available to others
419B.040Â Certain
privileges not grounds for excluding evidence in court proceedings on child
abuse
419B.045Â Investigation
conducted on public school premises; notification; role of school personnel
419B.050Â Authority
of health care provider to disclose information; immunity from liability
JUVENILE COURT
(Generally)
419B.090Â Juvenile
court; jurisdiction; policy
419B.100Â Jurisdiction;
bases; Indian children
419B.110Â Emergency
medical care; court may authorize
419B.116Â Intervention;
caregiver relationship; rights of limited participation
419B.117Â Notice
to parents or guardian of child; when given; contents
419B.118Â Venue
419B.121Â Return
of runaway children to another state
419B.124Â Transfer
to juvenile court from another court
419B.127Â Transfer
to court of county of child or wardÂ’s residence
419B.130Â Delegation
of jurisdiction by county of residence
419B.132Â Delegation
of jurisdiction among county juvenile courts
419B.135Â Transfer
of case; transportation of child or ward
(Protective Custody)
419B.150Â When
protective custody authorized; disposition of runaway child taken into
protective custody
419B.155Â Protective
custody not arrest
419B.157Â Jurisdiction
attaches at time of custody
419B.160Â Place
of detention; record; parental notice required
419B.165Â Release
of child taken into custody
419B.168Â Procedure
when child is not released
419B.171Â Report
required when child is taken into custody
419B.175Â Initial
disposition of child taken into custody
(Shelter Hearings)
419B.180Â Shelter
and detention facilities
419B.183Â Speedy
hearing required
419B.185Â Evidentiary
hearing
(Placement of Child or Ward)
419B.192Â Placement
of child or ward; preference given to relatives and certain other persons
(Counsel)
419B.195Â Appointment
of counsel for child or ward; access of appointed counsel to records of child
or ward
419B.198Â Responsibility
for payment of costs related to provision of appointed counsel for child or
ward
419B.201Â Compensation
for court-appointed counsel for child or ward under ORS 135.055
419B.205Â Appointment
of counsel for parent or legal guardian
419B.208Â Other
law applicable to appointment of counsel
419B.211Â Motion
to withdraw as counsel
(Educational Surrogate)
419B.220Â Appointment
of surrogate
419B.223Â Duties
and tenure of surrogate
(Guardian Ad Litem for Parent)
419B.231Â Appointment;
hearing; findings
419B.234Â Qualifications;
duties; privilege
419B.237Â Duration
of appointment; compensation
(Hearings)
419B.305Â When
hearing must be held; continuation; priority
419B.310Â Conduct
of hearings
(Disposition)
419B.325Â Disposition
required; evidence
419B.328Â Ward
of the court; duration of wardship
419B.331Â When
protective supervision authorized; conditions that may be imposed
419B.334Â Placement
out of state
419B.337Â Commitment
to custody of Department of Human Services
419B.340Â Reasonable
or active efforts determination
419B.343Â Recommendations
of committing court; case planning; plan contents
419B.346Â Medical
planning
419B.349Â Court
authority to review placement
419B.352Â Hospitalization;
mental health examination
(Guardianships)
419B.365Â Permanent
guardianship; petition; when filed; procedure
419B.366Â Guardianship;
motion; procedure
419B.367Â Letters
of guardianship; reports by guardian; review of reports; legal status and
liability of guardian
419B.368Â Review,
modification or vacation of guardianship order
419B.369Â Guardianship
study; rules
(Legal Custodian of Child)
419B.370Â Guardianship
as incident of custody
419B.373Â Duties
and authority of legal custodian
(Guardian)
419B.376Â Duties
and authority of guardian
419B.379Â Guardian
is not conservator
(Authority Over Parents)
419B.385Â Parent
or guardian as party
419B.387Â Parent
participation in treatment or training
419B.389Â Inability
of parent to comply with order of court
(Paternity)
419B.395Â Judgment
of paternity or nonpaternity
(Support)
419B.400Â Authority
to order support; collection
419B.402Â Support
order is judgment
419B.404Â Support
for child or ward in state financed or supported institution
419B.406Â Assignment
of support order to state
419B.408Â Enforcement
of support order
(Reports by Guardians and Custodians)
419B.440Â Circumstances
requiring reports
419B.443Â Time
and content of reports
419B.446Â Filing
report
419B.449Â Review
hearing by court; findings
419B.452Â Distribution
of report by court
(Child Surrendered for Adoption)
419B.460Â AgencyÂ’s
responsibility
(Permanency Hearing)
419B.470Â Permanency
hearing; schedule
419B.473Â Notice;
appearance
419B.476Â Conduct
of hearing; court determinations; orders
(Termination of Parental Rights)
419B.498Â Termination
of parental rights; petition by Department of Human Services; when required
419B.500Â Termination
of parental rights generally
419B.502Â Termination
upon finding of extreme conduct
419B.504Â Termination
upon finding of unfitness
419B.506Â Termination
upon finding of neglect
419B.508Â Termination
upon finding of abandonment
419B.517Â Mediation
to be encouraged
419B.518Â Appointment
of counsel for parents
419B.521Â Conduct
of termination hearing
419B.524Â Effect
of termination order
419B.527Â Disposition
of ward after termination
419B.529Â Adoption
after permanent commitment or surrender; procedure; certain fees prohibited
419B.530Â Representation
by Attorney General
(Emancipation of Minor)
419B.550Â Definitions
for ORS 419B.550 to 419B.558
419B.552Â Application
for emancipation judgment; effect of judgment
419B.555Â Hearing;
notice to parent; duty to advise minor of liabilities of emancipated person;
filing fee
419B.558Â Entry
of judgment of emancipation
JUVENILE COURT DEPENDENCY PROCEDURE
419B.800Â Applicability
of ORS 419B.800 to 419B.929
419B.803Â Jurisdiction
419B.806Â Consolidation;
when required; procedures
419B.809Â Petition;
contents; form; dismissal
419B.812Â Issuance
of summons; time for hearing on petition
419B.815Â Summons
for proceeding to establish jurisdiction under ORS 419B.100; contents; failure
to appear
419B.816Â Notice
to person contesting petition to establish jurisdiction
419B.818Â Form
of summons under ORS 419B.815
419B.819Â Summons
for proceeding to establish permanent guardianship or terminate parental
rights; contents; failure to appear
419B.820Â Notice
to parent contesting petition to establish permanent guardianship or terminate
parental rights
419B.822Â Form
of summons under ORS 419B.819
419B.823Â Service
of summons generally
419B.824Â Methods
of serving summons
419B.827Â Responsibility
for costs of service of summons and travel expenses of party summoned
419B.830Â Return
of summons
419B.833Â Proof
of service of summons or mailing
419B.836Â Effect
of error in summons or service of summons
419B.839Â Required
and discretionary summons
419B.842Â When
arrest warrant authorized
419B.845Â Restraining
order when child abuse alleged
419B.846Â Service
of restraining order
419B.848Â Process
generally
419B.851Â Service
of process; filing; proof of service
419B.854Â Computing
statutory time periods
419B.857Â Pleadings;
construction
419B.860Â Motions
419B.863Â Pleadings;
captions
419B.866Â Signing
pleadings required; effect of signing or not signing
419B.869Â Responding
to pleadings; time limit
419B.872Â Amendment
of pleadings
419B.875Â Parties
to proceedings; rights of limited participation; status of grandparents;
interpreters
419B.878Â Applicability
of Indian Child Welfare Act
419B.881Â Disclosure;
scope; when required; exceptions; breach of duty to disclose
419B.884Â Depositions;
procedure
419B.887Â Objections
at depositions; effect of failure to make timely objection; errors and
irregularities in transcript preparation
419B.890Â Dismissal
of petition at end of petitionerÂ’s case; settlement conference
419B.893Â Subpoenas
generally
419B.896Â Subpoena
for production of books, papers, documents and other tangible things
419B.899Â Issuance
of subpoena
419B.902Â Service
of subpoena
419B.905Â Subpoena
of incarcerated witness
419B.908Â Witness
fees; payment
419B.911Â Failure
to obey subpoena
419B.914Â Proceeding
when person entitled to service is not summoned and is not before court
419B.918Â Manner
of appearance
419B.920Â New
hearings
419B.923Â Modifying
or setting aside order or judgment
419B.926Â Stay
of order or judgment pending appeal
419B.929Â Enforcement
of certain orders and judgments
MISCELLANEOUS
419B.950Â Educational
program regarding federal and state adoption and child welfare laws;
establishment; purpose
REPORTING OF CHILD ABUSE
     419B.005
Definitions. As used in ORS
419B.005 to 419B.050, unless the context requires otherwise:
     (1)(a) “Abuse” means:
     (A) Any assault, as defined in ORS chapter
163, of a child and any physical injury to a child which has been caused by
other than accidental means, including any injury which appears to be at
variance with the explanation given of the injury.
     (B) Any mental injury to a child, which
shall include only observable and substantial impairment of the childÂ’s mental
or psychological ability to function caused by cruelty to the child, with due
regard to the culture of the child.
     (C) Rape of a child, which includes but is
not limited to rape, sodomy, unlawful sexual penetration and incest, as those
acts are defined in ORS chapter 163.
     (D) Sexual abuse, as defined in ORS
chapter 163.
     (E) Sexual exploitation, including but not
limited to:
     (i) Contributing to the sexual delinquency
of a minor, as defined in ORS chapter 163, and any other conduct which allows,
employs, authorizes, permits, induces or encourages a child to engage in the
performing for people to observe or the photographing, filming, tape recording
or other exhibition which, in whole or in part, depicts sexual conduct or
contact, as defined in ORS 167.002 or described in ORS 163.665 and 163.670,
sexual abuse involving a child or rape of a child, but not including any
conduct which is part of any investigation conducted pursuant to ORS 419B.020
or which is designed to serve educational or other legitimate purposes; and
     (ii) Allowing, permitting, encouraging or
hiring a child to engage in prostitution, as defined in ORS chapter 167.
     (F) Negligent treatment or maltreatment of
a child, including but not limited to the failure to provide adequate food, clothing,
shelter or medical care that is likely to endanger the health or welfare of the
child.
     (G) Threatened harm to a child, which
means subjecting a child to a substantial risk of harm to the childÂ’s health or
welfare.
     (H) Buying or selling a person under 18
years of age as described in ORS 163.537.
     (I) Permitting a person under 18 years of
age to enter or remain in or upon premises where methamphetamines are being
manufactured.
     (J) Unlawful exposure to a controlled
substance, as defined in ORS 475.005, that subjects a child to a substantial
risk of harm to the childÂ’s health or safety.
     (b) “Abuse” does not include reasonable
discipline unless the discipline results in one of the conditions described in
paragraph (a) of this subsection.
     (2) “Child” means an unmarried person who
is under 18 years of age.
     (3) “Public or private official” means:
     (a) Physician, including any intern or
resident.
     (b) Dentist.
     (c) School employee.
     (d) Licensed practical nurse or registered
nurse.
     (e) Employee of the Department of Human
Services, State Commission on Children and Families, Child Care Division of the
Employment Department, the Oregon Youth Authority, a county health department,
a community mental health and developmental disabilities program, a county juvenile
department, a licensed child-caring agency or an alcohol and drug treatment
program.
     (f) Peace officer.
     (g) Psychologist.
     (h) Member of the clergy.
     (i) Licensed clinical social worker.
     (j) Optometrist.
     (k) Chiropractor.
     (L) Certified provider of foster care, or
an employee thereof.
     (m) Attorney.
     (n) Naturopathic physician.
     (o) Licensed professional counselor.
     (p) Licensed marriage and family
therapist.
     (q) Firefighter or emergency medical
technician.
     (r) A court appointed special advocate, as
defined in ORS 419A.004.
     (s) A child care provider registered or
certified under ORS 657A.030 and 657A.250 to 657A.450.
     (t) Member of the Legislative Assembly.
     (4) “Law enforcement agency” means:
     (a) Any city or municipal police
department.
     (b) Any county sheriff’s office.
     (c) The
     (d) A county juvenile department. [1993
c.546 §12; 1993 c.622 §1a; 1995 c.278 §50; 1995 c.766 §1; 1997 c.127 §1; 1997
c.561 §3; 1997 c.703 §3; 1997 c.873 §30; 1999 c.743 §22; 1999 c.954 §4; 2001 c.104
§148; 2003 c.191 §1; 2005 c.562 §26; 2005 c.708 §4]
     419B.007
Policy. The Legislative
Assembly finds that for the purpose of facilitating the use of protective
social services to prevent further abuse, safeguard and enhance the welfare of
abused children, and preserve family life when consistent with the protection
of the child by stabilizing the family and improving parental capacity, it is
necessary and in the public interest to require mandatory reports and
investigations of abuse of children and to encourage voluntary reports. [1993
c.546 §13]
     419B.010
Duty of officials to report child abuse; exceptions; penalty. (1) Any public or private official having
reasonable cause to believe that any child with whom the official comes in
contact has suffered abuse or that any person with whom the official comes in
contact has abused a child shall immediately report or cause a report to be
made in the manner required in ORS 419B.015. Nothing contained in ORS 40.225 to
40.295 or 419B.234 (6) affects the duty to report imposed by this section,
except that a psychiatrist, psychologist, member of the clergy, attorney or
guardian ad litem appointed under ORS 419B.231 is not required to report such
information communicated by a person if the communication is privileged under
ORS 40.225 to 40.295 or 419B.234 (6). An attorney is not required to make a
report under this section by reason of information communicated to the attorney
in the course of representing a client if disclosure of the information would
be detrimental to the client.
     (2) Notwithstanding subsection (1) of this
section, a report need not be made under this section if the public or private
official acquires information relating to abuse by reason of a report made
under this section, or by reason of a proceeding arising out of a report made
under this section, and the public or private official reasonably believes that
the information is already known by a law enforcement agency or the Department
of Human Services.
     (3) A person who violates subsection (1)
of this section commits a Class A violation. Prosecution under this subsection
shall be commenced at any time within 18 months after commission of the
offense. [1993 c.546 §14; 1999 c.1051 §180; 2001 c.104 §149; 2001 c.904 §15;
2005 c.450 §7]
     419B.015
Report form and content; notice. (1)(a) A person making a report of child abuse, whether the report is
made voluntarily or is required by ORS 419B.010, shall make an oral report by
telephone or otherwise to the local office of the Department of Human Services,
to the designee of the department or to a law enforcement agency within the
county where the person making the report is located at the time of the
contact. The report shall contain, if known, the names and addresses of the
child and the parents of the child or other persons responsible for care of the
child, the childÂ’s age, the nature and extent of the abuse, including any
evidence of previous abuse, the explanation given for the abuse and any other
information that the person making the report believes might be helpful in
establishing the cause of the abuse and the identity of the perpetrator.
     (b) When a report of child abuse is
received by the department, the department shall notify a law enforcement
agency within the county where the report was made. When a report of child
abuse is received by a designee of the department, the designee shall notify,
according to the contract, either the department or a law enforcement agency
within the county where the report was made. When a report of child abuse is
received by a law enforcement agency, the agency shall notify the local office
of the department within the county where the report was made.
     (2) When a report of child abuse is
received under subsection (1)(a) of this section, the entity receiving the
report shall make the notification required by subsection (1)(b) of this
section according to rules adopted by the department under ORS 419B.017.
     (3)(a) When a report alleging that a child
or ward in substitute care may have been subjected to abuse is received by the
department, the department shall notify the attorney for the child or ward, the
childÂ’s or wardÂ’s court appointed special advocate, the parents of the child or
ward and any attorney representing a parent of the child or ward that a report
has been received.
     (b) The name and address of and other
identifying information about the person who made the report may not be
disclosed under this subsection. Any person or entity to whom notification is
made under this subsection may not release any information not authorized by
this subsection.
     (c) The department shall make the
notification required by this subsection within three business days of
receiving the report of abuse.
     (d) Notwithstanding the obligation imposed
by this subsection, the department is not required under this subsection to
notify the parent or parentÂ’s attorney that a report of abuse has been received
if the notification may interfere with an investigation or assessment or
jeopardize the child’s or ward’s safety. [1993 c.546 §15; 1993 c.734 §1a; 2005
c.250 §1; 2007 c.237 §1]
     419B.017
Time limits for notification between law enforcement agencies and Department of
Human Services; rules. (1)
The Department of Human Services shall adopt rules establishing:
     (a) The time within which the notification
required by ORS 419B.015 (1)(a) must be made. At a minimum, the rules shall:
     (A) Establish which reports of child abuse
require notification within 24 hours after receipt;
     (B) Provide that all other reports of
child abuse require notification within 10 days after receipt; and
     (C) Establish criteria that enable the
department, the designee of the department or a law enforcement agency to
quickly and easily identify reports that require notification within 24 hours
after receipt.
     (b) How the notification is to be made.
     (2) The department shall appoint an
advisory committee to advise the department in adopting rules required by this
section. The department shall include as members of the advisory committee
representatives of law enforcement agencies and multidisciplinary teams formed
pursuant to ORS 418.747 and other interested parties.
     (3) In adopting rules required by this
section, the department shall balance the need for providing other entities
with the information contained in a report received under ORS 419B.015 with the
resources required to make the notification.
     (4) The department may recommend practices
and procedures to local law enforcement agencies to meet the requirements of
rules adopted under this section. [2005 c.250 §3]
     Note: 419B.017 was added to and made a part of
419B.005 to 419B.050 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
     419B.020
Duty of department or law enforcement agency receiving report; investigation;
notice to parents; physical examination; childÂ’s consent; notice at conclusion
of investigation. (1) If the
Department of Human Services or a law enforcement agency receives a report of
child abuse, the department or the agency shall immediately:
     (a) Cause an investigation to be made to
determine the nature and cause of the abuse of the child; and
     (b) Notify the Child Care Division if the
alleged child abuse occurred in a child care facility as defined in ORS
657A.250.
     (2) If the abuse reported in subsection
(1) of this section is alleged to have occurred at a child care facility:
     (a) The department and the law enforcement
agency shall jointly determine the roles and responsibilities of the department
and the agency in their respective investigations; and
     (b) The department and the agency shall
each report the outcomes of their investigations to the Child Care Division.
     (3) If the law enforcement agency
conducting the investigation finds reasonable cause to believe that abuse has
occurred, the law enforcement agency shall notify by oral report followed by
written report the local office of the department. The department shall provide
protective social services of its own or of other available social agencies if
necessary to prevent further abuses to the child or to safeguard the childÂ’s
welfare.
     (4) If a child is taken into protective
custody by the department, the department shall promptly make reasonable
efforts to ascertain the name and address of the childÂ’s parents or guardian.
     (5)(a) If a child is taken into protective
custody by the department or a law enforcement official, the department or law
enforcement official shall, if possible, make reasonable efforts to advise the
parents or guardian immediately, regardless of the time of day, that the child
has been taken into custody, the reasons the child has been taken into custody
and general information about the childÂ’s placement, and the telephone number
of the local office of the department and any after-hours telephone numbers.
     (b) Notice may be given by any means
reasonably certain of notifying the parents or guardian, including but not
limited to written, telephonic or in-person oral notification. If the initial
notification is not in writing, the information required by paragraph (a) of
this subsection also shall be provided to the parents or guardian in writing as
soon as possible.
     (c) The department also shall make a
reasonable effort to notify the noncustodial parent of the information required
by paragraph (a) of this subsection in a timely manner.
     (d) If a child is taken into custody while
under the care and supervision of a person or organization other than the
parent, the department, if possible, shall immediately notify the person or
organization that the child has been taken into protective custody.
     (6) If a law enforcement officer or the
department, when taking a child into protective custody, has reasonable cause
to believe that the child has been affected by sexual abuse and rape of a child
as defined in ORS 419B.005 (1)(a)(C) and that physical evidence of the abuse
exists and is likely to disappear, the court may authorize a physical
examination for the purposes of preserving evidence if the court finds that it
is in the best interest of the child to have such an examination. Nothing in
this section affects the authority of the department to consent to physical
examinations of the child at other times.
     (7) A minor child of 12 years of age or
older may refuse to consent to the examination described in subsection (6) of
this section. The examination shall be conducted by or under the supervision of
a physician licensed under ORS chapter 677 or a nurse practitioner licensed
under ORS chapter 678 and, whenever practicable, trained in conducting such examinations.
     (8) When the department completes an
investigation under this section, if the person who made the report of child
abuse provided contact information to the department, the department shall
notify the person about whether contact with the child was made, whether the
department determined that child abuse occurred and whether services will be
provided. The department is not required to disclose information under this
subsection if the department determines that disclosure is not permitted under
ORS 419B.035. [1993 c.546 §16; 1993 c.622 §7a; 1997 c.130 §13; 1997 c.703 §1;
1997 c.873 §33; 2007 c.501 §4; 2007 c.781 §1]
     419B.022
Short title. ORS 419B.023
and 419B.024 shall be known and may be cited as “Karly’s Law.” [2007 c.674 §1]
     Note: 419B.022 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 419B or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     419B.023
Duties of person conducting investigation under ORS 419B.020. (1) As used in this section:
     (a) “Designated medical professional”
means the person described in ORS 418.747 (9) or the personÂ’s designee.
     (b) “Suspicious physical injury” includes,
but is not limited to:
     (A) Burns or scalds;
     (B) Extensive bruising or abrasions on any
part of the body;
     (C) Bruising, swelling or abrasions on the
head, neck or face;
     (D) Fractures of any bone in a child under
the age of three;
     (E) Multiple fractures in a child of any
age;
     (F) Dislocations, soft tissue swelling or
moderate to severe cuts;
     (G) Loss of the ability to walk or move
normally according to the childÂ’s developmental ability;
     (H) Unconsciousness or difficulty
maintaining consciousness;
     (I) Multiple injuries of different types;
     (J) Injuries causing serious or protracted
disfigurement or loss or impairment of the function of any bodily organ; or
     (K) Any other injury that threatens the
physical well-being of the child.
     (2) If a person conducting an
investigation under ORS 419B.020 observes a child who has suffered suspicious
physical injury and the person has a reasonable suspicion that the injury may
be the result of abuse, the person shall, in accordance with the protocols and
procedures of the county multidisciplinary child abuse team described in ORS
418.747:
     (a) Immediately photograph or cause to
have photographed the suspicious physical injuries in accordance with ORS
419B.028; and
     (b) Ensure that a designated medical
professional conducts a medical assessment within 48 hours, or sooner if
dictated by the childÂ’s medical needs.
     (3) The requirement of subsection (2) of
this section shall apply:
     (a) Each time suspicious physical injury
is observed by Department of Human Services or law enforcement personnel:
     (A) During the investigation of a new
allegation of abuse; or
     (B) If the injury was not previously
observed by a person conducting an investigation under ORS 419B.020; and
     (b) Regardless of whether the child has
previously been photographed or assessed during an investigation of an
allegation of abuse.
     (4)(a) Department or law enforcement
personnel shall make a reasonable effort to locate a designated medical
professional. If after reasonable efforts a designated medical professional is
not available to conduct a medical assessment within 48 hours, the child shall
be evaluated by an available physician.
     (b) If the child is evaluated by a
physician, physician assistant or nurse practitioner other than a designated
medical professional, the evaluating physician, physician assistant or nurse
practitioner shall make photographs, clinical notes, diagnostic and testing
results and any other relevant materials available to the designated medical
professional for consultation within 72 hours following evaluation of the child.
     (c) The person conducting the medical
assessment may consult with and obtain records from the childÂ’s regular
pediatrician or family physician under ORS 419B.050.
     (5) Nothing in this section prevents a
person conducting a child abuse investigation from seeking immediate medical
treatment from a hospital emergency room or other medical provider for a child
who is physically injured or otherwise in need of immediate medical care.
     (6) If the child described in subsection
(2) of this section is less than five years of age, the designated medical
professional may, within 14 days, refer the child for a screening for early
intervention services or early childhood special education, as those terms are
defined in ORS 343.035. The referral may not indicate the child is subject to a
child abuse investigation unless written consent is obtained from the childÂ’s
parent authorizing such disclosure. If the child is already receiving those
services, or is enrolled in the Head Start program, a person involved in the
delivery of those services to the child shall be invited to participate in the
county multidisciplinary child abuse teamÂ’s review of the case and shall be
provided with paid time to do so by the personÂ’s employer.
     (7) Nothing in this section limits the
rights provided to minors in ORS chapter 109 or the ability of a minor to
refuse to consent to the medical assessment described in this section. [2007
c.674 §3]
     Note: 419B.023 was added to and made a part of
419B.005 to 419B.050 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
     Note: Section 7, chapter 674, Oregon Laws 2007,
provides:
     Sec.
7. No later than October 1,
2008, the Department of Justice shall submit to the appropriate interim
legislative committee a report documenting the progress in the implementation
of section 3 of this 2007 Act [419B.023] and the amendments to ORS 418.747,
418.785 and 419B.028 by sections 5, 6 and 8 of this 2007 Act. The report shall
also include, but is not limited to, any fiscal constraints encountered in the
implementation of section 3 of this 2007 Act and the amendments to ORS 418.747,
418.485 and 419B.028 by sections 5, 6 and 8 of this 2007 Act. [2007 c.674 §7]
     419B.024
Critical Incident Response Team for child fatality; rules. (1) The Department of Human Services shall
assign a Critical Incident Response Team within 24 hours after the department
determines that a child fatality was likely the result of child abuse or
neglect if:
     (a) The child was in the custody of the
department at the time of death; or
     (b) The child was the subject of a child
protective services assessment by the department within the 12 months preceding
the fatality.
     (2) During the course of its review of the
case, the Critical Incident Response Team may include or consult with the
district attorney from the county in which the incident resulting in the
fatality occurred.
     (3) The department shall adopt rules
necessary to carry out the provisions of this section. The rules adopted by the
department shall substantially conform with the departmentÂ’s child welfare
protocol regarding Notification and Review of Critical Incidents. [2007 c.674 §4]
     Note: 419B.024 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 419B or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     419B.025
Immunity of person making report in good faith. Anyone participating in good faith in the
making of a report of child abuse and who has reasonable grounds for the making
thereof shall have immunity from any liability, civil or criminal, that might
otherwise be incurred or imposed with respect to the making or content of such
report. Any such participant shall have the same immunity with respect to
participating in any judicial proceeding resulting from such report. [1993
c.546 §17]
     419B.028
Photographing child during investigation; photographs as records. (1) In carrying out its duties under ORS 419B.020,
any law enforcement agency or the Department of Human Services may photograph
or cause to have photographed any child subject of the investigation for
purposes of preserving evidence of the childÂ’s condition at the time of the
investigation. Photographs of the anal or genital region may be taken only by
medical personnel.
     (2) When a child is photographed pursuant
to ORS 419B.023, the person taking the photographs or causing to have the
photographs taken shall, within 48 hours or by the end of the next regular
business day, whichever occurs later:
     (a) Provide hard copies or prints of the
photographs and, if available, copies of the photographs in an electronic
format to the designated medical professional described in ORS 418.747 (9); and
     (b) Place hard copies or prints of the
photographs and, if available, copies of the photographs in an electronic
format in any relevant files pertaining to the child maintained by the law
enforcement agency or the department.
     (3) For purposes of ORS 419B.035, photographs
taken under authority of this section shall be considered records. [1993 c.546 §18;
2007 c.674 §5]
     419B.030
Central registry of reports.
(1) A central state registry shall be established and maintained by the
Department of Human Services. The local offices of the department shall report
to the state registry in writing when an investigation has shown reasonable
cause to believe that a childÂ’s condition was the result of abuse even if the
cause remains unknown. Each registry shall contain current information from
reports cataloged both as to the name of the child and the name of the family.
     (2) When the department provides specific
case information from the central state registry, the department shall include
a notice that the information does not necessarily reflect any subsequent
proceedings that are not within the jurisdiction of the department. [1993 c.546
§19]
     419B.035
Confidentiality of records; when available to others. (1) Notwithstanding the provisions of ORS
192.001 to 192.170, 192.210 to 192.505 and 192.610 to 192.990 relating to
confidentiality and accessibility for public inspection of public records and
public documents, reports and records compiled under the provisions of ORS
419B.010 to 419B.050 are confidential and may not be disclosed except as
provided in this section. The Department of Human Services shall make the
records available to:
     (a) Any law enforcement agency or a child
abuse registry in any other state for the purpose of subsequent investigation
of child abuse;
     (b) Any physician, at the request of the
physician, regarding any child brought to the physician or coming before the
physician for examination, care or treatment;
     (c) Attorneys of record for the child or
childÂ’s parent or guardian in any juvenile court proceeding;
     (d) Citizen review boards established by
the Judicial Department for the purpose of periodically reviewing the status of
children, youths and youth offenders under the jurisdiction of the juvenile
court under ORS 419B.100 and 419C.005. Citizen review boards may make such
records available to participants in case reviews;
     (e) A court appointed special advocate in
any juvenile court proceeding in which it is alleged that a child has been
subjected to child abuse or neglect;
     (f) The Child Care Division for
certifying, registering or otherwise regulating child care facilities;
     (g) The Office of Children’s Advocate; and
     (h) Any person, upon request to the
Department of Human Services, if the reports or records requested regard an
incident in which a child, as the result of abuse, died or suffered serious
physical injury as defined in ORS 161.015. Reports or records disclosed under
this paragraph must be disclosed in accordance with ORS 192.410 to 192.505.
     (2)(a) When disclosing reports and records
pursuant to subsection (1)(h) of this section, the Department of Human Services
may exempt from disclosure the names, addresses and other identifying
information about other children, witnesses, victims or other persons named in
the report or record if the department determines, in written findings, that
the safety or well-being of a person named in the report or record may be
jeopardized by disclosure of the names, addresses or other identifying
information, and if that concern outweighs the publicÂ’s interest in the
disclosure of that information.
     (b) If the Department of Human Services
does not have a report or record of abuse regarding a child who, as the result
of abuse, died or suffered serious physical injury as defined in ORS 161.015,
the department may disclose that information.
     (3) The Department of Human Services may
make reports and records compiled under the provisions of ORS 419B.010 to
419B.050 available to any person, administrative hearings officer, court,
agency, organization or other entity when the department determines that such
disclosure is necessary to administer its child welfare services and is in the
best interests of the affected child, or that such disclosure is necessary to
investigate, prevent or treat child abuse and neglect, to protect children from
abuse and neglect or for research when the Director of Human Services gives
prior written approval. The Department of Human Services shall adopt rules
setting forth the procedures by which it will make the disclosures authorized
under this subsection or subsection (1) or (2) of this section. The name,
address and other identifying information about the person who made the report
may not be disclosed pursuant to this subsection and subsection (1) of this
section.
     (4) A law enforcement agency may make
reports and records compiled under the provisions of ORS 419B.010 to 419B.050
available to other law enforcement agencies, district attorneys, city attorneys
with criminal prosecutorial functions and the Attorney General when the law
enforcement agency determines that disclosure is necessary for the
investigation or enforcement of laws relating to child abuse and neglect.
     (5) A law enforcement agency, upon
completing an investigation and closing the file in a specific case relating to
child abuse or neglect, shall make reports and records in the case available
upon request to any law enforcement agency or community corrections agency in
this state, to the Department of Corrections or to the State Board of Parole
and Post-Prison Supervision for the purpose of managing and supervising
offenders in custody or on probation, parole, post-prison supervision or other
form of conditional or supervised release. A law enforcement agency may make
reports and records compiled under the provisions of ORS 419B.010 to 419B.050
available to law enforcement, community corrections, corrections or parole
agencies in an open case when the law enforcement agency determines that the
disclosure will not interfere with an ongoing investigation in the case. The
name, address and other identifying information about the person who made the
report may not be disclosed under this subsection or subsection (6)(b) of this
section.
     (6)(a) Any record made available to a law
enforcement agency or community corrections agency in this state, to the
Department of Corrections or the State Board of Parole and Post-Prison
Supervision or to a physician in this state, as authorized by subsections (1)
to (5) of this section, shall be kept confidential by the agency, department,
board or physician. Any record or report disclosed by the Department of Human
Services to other persons or entities pursuant to subsections (1) and (3) of
this section shall be kept confidential.
     (b) Notwithstanding paragraph (a) of this
subsection:
     (A) A law enforcement agency, a community
corrections agency, the Department of Corrections and the State Board of Parole
and Post-Prison Supervision may disclose records made available to them under
subsection (5) of this section to each other, to law enforcement, community
corrections, corrections and parole agencies of other states and to authorized
treatment providers for the purpose of managing and supervising offenders in
custody or on probation, parole, post-prison supervision or other form of
conditional or supervised release.
     (B) A person may disclose records made
available to the person under subsection (1)(h) of this section if the records
are disclosed for the purpose of advancing the public interest.
     (7) An officer or employee of the
Department of Human Services or of a law enforcement agency or any person or
entity to whom disclosure is made pursuant to subsections (1) to (6) of this
section may not release any information not authorized by subsections (1) to
(6) of this section.
     (8) As used in this section, “law
enforcement agency” has the meaning given that term in ORS 181.010.
     (9) A person who violates subsection
(6)(a) or (7) of this section commits a Class A violation. [1993 c.546 §§20,20a;
1995 c.278 §51; 1997 c.328 §8; 1999 c.1051 §181; 2003 c.14 §224; 2003 c.412 §1;
2003 c.591 §8; 2005 c.317 §1; 2005 c.659 §2]
     419B.040
Certain privileges not grounds for excluding evidence in court proceedings on
child abuse. (1) In the case
of abuse of a child, the privileges created in ORS 40.230 to 40.255, including
the psychotherapist-patient privilege, the physician-patient privilege, the
privileges extended to nurses, to staff members of schools and to registered
clinical social workers and the husband-wife privilege, shall not be a ground
for excluding evidence regarding a childÂ’s abuse, or the cause thereof, in any
judicial proceeding resulting from a report made pursuant to ORS 419B.010 to
419B.050.
     (2) In any judicial proceedings resulting
from a report made pursuant to ORS 419B.010 to 419B.050, either spouse shall be
a competent and compellable witness against the other. [1993 c.546 §21]
     419B.045
Investigation conducted on public school premises; notification; role of school
personnel. If an
investigation of a report of child abuse is conducted on public school
premises, the school administrator shall first be notified that the
investigation is to take place, unless the school administrator is a subject of
the investigation. The school administrator or a school staff member designated
by the administrator may, at the investigatorÂ’s discretion, be present to
facilitate the investigation. The Department of Human Services or the law
enforcement agency making the investigation shall be advised of the childÂ’s
disabling conditions, if any, prior to any interview with the affected child. A
school administrator or staff member is not authorized to reveal anything that
transpires during an investigation in which the administrator or staff member
participates nor shall the information become part of the childÂ’s school records.
The school administrator or staff member may testify at any subsequent trial
resulting from the investigation and may be interviewed by the respective
litigants prior to any such trial. [1993 c.546 §22; 2003 c.14 §225]
     419B.050
Authority of health care provider to disclose information; immunity from
liability. (1) Upon notice
by a law enforcement agency, the Department of Human Services, a member agency
of a county multidisciplinary child abuse team or a member of a county
multidisciplinary child abuse team that a child abuse investigation is being
conducted under ORS 419B.020, a health care provider must permit the law
enforcement agency, the department, the member agency of the county
multidisciplinary child abuse team or the member of the county
multidisciplinary child abuse team to inspect and copy medical records,
including, but not limited to, prenatal and birth records, of the child
involved in the investigation without the consent of the child, or the parent
or guardian of the child. A health care provider who in good faith disclosed
medical records under this section is not civilly or criminally liable for the
disclosure.
     (2) As used in this section, “health care
provider” has the meaning given that term in ORS 192.519. [1997 c.873 §27; 1999
c.537 §3; 2001 c.104 §150; 2005 c.562 §27]
JUVENILE
COURT
(Generally)
     419B.090
Juvenile court; jurisdiction; policy. (1) The juvenile court is a court of record and exercises jurisdiction
as a court of general and equitable jurisdiction and not as a court of limited
or inferior jurisdiction. The juvenile court is called “The _________ Court of _________
County, Juvenile Department.”
     (2)(a) It is the policy of the State of
     (A) Permanency with a safe family;
     (B) Freedom from physical, sexual or
emotional abuse or exploitation; and
     (C) Freedom from substantial neglect of
basic needs.
     (b) Parents and guardians have a duty to
afford their children the rights listed in paragraph (a) of this subsection.
Parents and guardians have a duty to remove any impediment to their ability to
perform parental duties that afford these rights to their children. When a
parent or guardian fails to fulfill these duties, the juvenile court may
determine that it is in the best interests of the child to remove the child
from the parent or guardian either temporarily or permanently.
     (c) The provisions of this chapter shall
be liberally construed to the end that a child coming within the jurisdiction
of the court may receive such care, guidance, treatment and control as will
lead to the childÂ’s welfare and the protection of the community.
     (3) It is the policy of the State of
     (4) It is the policy of the State of
     (a) Guide the secular and religious
education of their children;
     (b) Make health care decisions for their
children; and
     (c) Discipline their children.
     (5) It is the policy of the State of
Oregon, in those cases not described as extreme conduct under ORS 419B.502, to
offer appropriate reunification services to parents and guardians to allow them
the opportunity to adjust their circumstances, conduct or conditions to make it
possible for the child to safely return home within a reasonable time. Although
there is a strong preference that children live in their own homes with their
own families, the state recognizes that it is not always possible or in the
best interests of the child or the public for children who have been abused or
neglected to be reunited with their parents or guardians. In those cases, the
State of
     (6) The State of
     419B.100
Jurisdiction; bases; Indian children. (1) Except as otherwise provided in subsection (6) of this section and
ORS 107.726, the juvenile court has exclusive original jurisdiction in any case
involving a person who is under 18 years of age and:
     (a) Who is beyond the control of the
personÂ’s parents, guardian or other person having custody of the person;
     (b) Whose behavior is such as to endanger
the welfare of the person or of others;
     (c) Whose condition or circumstances are
such as to endanger the welfare of the person or of others;
     (d) Who is dependent for care and support
on a public or private child-caring agency that needs the services of the court
in planning for the best interest of the person;
     (e) Whose parents or any other person or
persons having custody of the person have:
     (A) Abandoned the person;
     (B) Failed to provide the person with the
care or education required by law;
     (C) Subjected the person to cruelty,
depravity or unexplained physical injury; or
     (D) Failed to provide the person with the
care, guidance and protection necessary for the physical, mental or emotional
well-being of the person;
     (f) Who has run away from the home of the
person;
     (g) Who has filed a petition for
emancipation pursuant to ORS 419B.550 to 419B.558; or
     (h) Who is subject to an order entered
under ORS 419C.411 (7)(a).
     (2) The court shall have jurisdiction
under subsection (1) of this section even though the child is receiving
adequate care from the person having physical custody of the child.
     (3) The practice of a parent who chooses
for the parent or the child of the parent treatment by prayer or spiritual
means alone may not be construed as a failure to provide physical care within
the meaning of this chapter, but does not prevent a court of competent
jurisdiction from exercising that jurisdiction under subsection (1)(c) of this
section.
     (4) The provisions of subsection (1) of
this section do not prevent a court of competent jurisdiction from entertaining
a civil action or suit involving a child.
     (5) The court does not have further
jurisdiction as provided in subsection (1) of this section after a minor has
been emancipated pursuant to ORS 419B.550 to 419B.558.
     (6)(a) An Indian tribe has exclusive
jurisdiction over any child custody proceeding involving an Indian child who
resides or is domiciled within the reservation of the tribe, except where the
jurisdiction is otherwise vested in the state by existing federal law.
     (b) Upon the petition of either parent,
the Indian custodian or the Indian childÂ’s tribe, the juvenile court, absent
good cause to the contrary and absent objection by either parent, shall
transfer a proceeding for the foster care placement of, or termination of
parental rights to, an Indian child not domiciled or residing within the
reservation of the Indian childÂ’s tribe, to the jurisdiction of the tribe.
     (c) The juvenile court shall give full
faith and credit to the public acts, records and judicial proceedings of an
Indian tribe applicable to an Indian child custody proceeding to the same
extent that the juvenile court gives full faith and credit to the public acts,
records and judicial proceedings of any other entity. [1993 c.33 §53; 1993
c.546 §10; 1993 c.643 §5; 2005 c.843 §31]
     419B.110
Emergency medical care; court may authorize. Whether or not a petition has been filed, if a child requires
emergency medical care, including surgery, and no parent is available or
willing to consent to the care, a judge of the juvenile court may authorize the
care. The judge may thereafter direct the filing of a new petition. [1993 c.546
§24]
     419B.115 [1993 c.546 §25; 1997 c.479 §2; 1997 c.873 §21;
1999 c.859 §7; 2001 c.214 §1; 2001 c.622 §§39,39a; 2001 c.962 §83; renumbered
419B.875 in 2001]
     419B.116
Intervention; caregiver relationship; rights of limited participation. (1)(a) As used in this section, “caregiver
relationship” means a relationship between a person and a child or ward:
     (A) That has existed:
     (i) For the 12 months immediately
preceding the initiation of the dependency proceeding;
     (ii) For at least six months during the
dependency proceeding; or
     (iii) For half of the child or ward’s life
if the child or ward is less than six months of age;
     (B) In which the person had physical
custody of the child or ward or resided in the same household as the child or
ward;
     (C) In which the person provided the child
or ward on a daily basis with the love, nurturing and other necessities required
to meet the child or wardÂ’s psychological and physical needs; and
     (D) On which the child depended to meet
the child or wardÂ’s needs.
     (b) “Caregiver relationship” does not
include a relationship between a child or ward and a person who is the nonrelated
foster parent of the child or ward unless the relationship continued for a
period of at least six consecutive months.
     (2) A person asserting that the person has
a caregiver relationship with a child or ward may file a motion for
intervention in a juvenile dependency proceeding.
     (3) Filing a motion under subsection (2)
of this section is the sole means by which a person may become a party to a
juvenile dependency proceeding as an intervenor. An order granting intervention
under this section is exclusively for juvenile dependency proceedings and does
not confer standing or rights of intervention in any other action. Intervention
is not allowed in proceedings under ORS 419B.500.
     (4) A motion for intervention under
subsection (2) of this section must state:
     (a) The person’s relationship to the child
or ward and the personÂ’s involvement in the child or wardÂ’s life;
     (b) The reason that intervention is
sought;
     (c) How the person’s intervention is in
the best interests of the child or ward;
     (d) Why the existing parties cannot
adequately present the case; and
     (e) What specific relief is being sought.
     (5)(a) If a party wishes to oppose a
motion for intervention, the party must file a written objection to the motion
stating the grounds for the objection no later than 21 days after the motion is
filed. If no written objection is filed as provided in this paragraph, the
court may grant the motion without a hearing. Except as provided in paragraph
(b) of this subsection, if a written objection is filed as provided in this
paragraph, the court shall hold a hearing on the motion.
     (b) If a motion for intervention does not
state a prima facie case as to the facts that must be proved under paragraph
(c) of this subsection, the court may deny the motion without a hearing.
     (c) If the court holds a hearing on the
motion for intervention, the court may grant the motion for intervention if the
person moving to intervene in the case proves by a preponderance of the
evidence that:
     (A) A caregiver relationship exists between
the person and the child or ward;
     (B) The intervention is in the best
interests of the child or ward;
     (C) The reason for intervention and the
specific relief sought are consistent with the best interests of the child or
ward; and
     (D) The existing parties cannot adequately
protect the best interests of the child or ward without the intervention.
     (6) A person granted intervention is a
party to the case and, except as provided in subsection (10) of this section,
may be granted such relief as the court determines to be appropriate and in the
best interests of the child or ward.
     (7) A person who is not a party under ORS
419B.875 may seek rights of limited participation by filing a written motion
for limited participation in a juvenile court proceeding. The motion must
state:
     (a) The reason that limited participation
is being sought;
     (b) How the person’s limited participation
is in the best interests of the child or ward;
     (c) Why the parties cannot adequately
present the case; and
     (d) The specific rights of limited
participation that are being sought.
     (8)(a) If a party wishes to oppose a
motion filed under subsection (7) of this section, the party must file a
written objection to the motion stating the grounds for the objection no later
than 21 days after the motion is filed. If no written objection is filed as
provided in this paragraph, the court may grant the motion without a hearing.
     (b) If a motion seeking rights of limited
participation does not state a prima facie case as to the facts that must be
proved under paragraph (c) of this subsection, the court may deny the motion
without a hearing.
     (c) If the court holds a hearing on the
motion seeking rights of limited participation, the court may grant the motion
if the person seeking rights of limited participation proves by a preponderance
of the evidence that:
     (A) The person’s limited participation is
in the best interests of the child or ward;
     (B) The reason for limited participation
and the specific rights sought are consistent with the best interests of the
child or ward; and
     (C) The parties cannot adequately present
the case.
     (9) If the court grants a motion under
subsection (8) of this section, the court shall specify in the order the rights
of limited participation that are being granted.
     (10)(a) At any time, a person granted
intervention or a person granted rights of limited participation may move to be
considered a temporary placement or visitation resource for the child or ward.
     (b) At any time after a court has
determined at a permanency hearing that the permanent plan for the child or
ward should be something other than to return home, a person granted
intervention may move to be considered the permanent placement resource for the
child or ward.
     (11) The court may modify or set aside any
order granting intervention or rights of limited participation as provided in
ORS 419B.923. [2001 c.624 §3; 2003 c.14 §226; 2003 c.231 §3; 2003 c.315 §2;
2003 c.396 §35a; 2005 c.449 §2; 2005 c.676 §2]
     419B.117
Notice to parents or guardian of child; when given; contents. (1) At the first appearance by the parents
or guardian of a child before the court, the court shall inform the parents or
guardian verbally and provide a standard notice describing:
     (a) The obligation of the parents or
guardian to pay for compensation and reasonable expenses for counsel for the
child, support of the child while the child is in the custody of a
state-financed or state-supported residence and any other obligations to pay
money that may arise as a result of the child being within the jurisdiction of
the court;
     (b) The assignment of support rights under
ORS 419B.406;
     (c) The right of the parents or guardian
to appeal a decision on jurisdiction or disposition made by the court; and
     (d) The time for filing an appeal of a decision
by the court.
     (2) The court shall prepare and provide
the standard notice required under subsection (1) of this section.
     (3) The court shall place a notation in
the record of the case of the date that the parents or guardian were provided
information under this section. [1997 c.748 §2]
     419B.118
Venue. (1) Subject to the
provisions of subsections (2), (3) and (4) of this section, a juvenile court
proceeding shall commence in the county of wardship if, at the commencement of
the proceeding, wardship exists as a result of proceedings under this chapter,
or, in the absence of such wardship, in the county where the child resides.
     (2) If the proceeding is based on
allegations of jurisdiction under ORS 419B.100 (1)(a), (b) or (c), the
proceeding may also commence in the county in which the alleged act or behavior
took place.
     (3) If the proceeding is based on
allegations of jurisdiction under ORS 419B.100 (1)(b), (c), (d), (e) or (f),
the proceedings may also commence in the county where the child is present when
the proceeding begins.
     (4) A termination of parent-child
relationship proceeding may be commenced in the county of wardship or where the
child or ward resides or is found unless the child is an Indian child subject
to the Indian Child Welfare Act and the tribal court has assumed jurisdiction. [1993
c.33 §54; 1993 c.546 §26; 2003 c.396 §36]
     419B.121
Return of runaway children to another state. Notwithstanding ORS 419C.145, the court may order the detention of a
child who resides in another state if the court finds probable cause to believe
that the child has run away from home or from a placement. If a child is
ordered detained under this section, the court shall make such orders as are
necessary to cause the child to be immediately returned to the childÂ’s state of
residence. [1993 c.33 §55]
     419B.124
Transfer to juvenile court from another court. If during the pendency of a proceeding in
any court other than a juvenile court it is ascertained that the age of the
person who is the subject of the proceeding is such that the matter is within
the exclusive jurisdiction of the juvenile court, it is the duty of the court
in which the proceeding is pending forthwith to transfer the proceeding,
together with all the papers, documents and testimony connected therewith, to
the juvenile court of the county in which the proceeding is pending. [1993 c.33
§56]
     419B.127
Transfer to court of county of child or wardÂ’s residence. If a proceeding is initiated in a court of a
county other than the county in which the child resides, that court, on its own
motion or on the motion of a party made at any time prior to disposition, shall
transfer the proceeding to the court of the county of the childÂ’s residence for
such further proceeding as the receiving court finds proper. A like transfer
may be made if the residence of a child or ward changes during the proceeding,
or if the ward has been adjudicated within the jurisdiction of the court when
the proceeding is initiated on grounds specified in ORS 419B.100 (1)(b) or (c)
and other proceedings involving the ward are pending in the county of the wardÂ’s
residence. Certified copies of the court records pertaining to the immediate
proceeding shall accompany the case on transfer. [1993 c.33 §57; 2003 c.396 §37]
     419B.130
Delegation of jurisdiction by county of residence. Where a juvenile court proceeding is pending
in a county other than the county in which the child resides and the case is
transferable under ORS 419B.124 or 419B.127, the juvenile court of the county
in which the child resides may authorize the court in which the case is pending
to proceed with the case in either of the following ways where it will
facilitate disposition of the case without adverse effect on the interests of
the child:
     (1) To hear, determine and dispose of the
case in its entirety; or
     (2) Prior to transferring the case, to
conduct a hearing into the facts alleged to bring the child within the
jurisdiction of the juvenile court, to determine the facts and to certify its
findings to the juvenile court of the county in which the child resides. [1993
c.33 §58]
     419B.132
Delegation of jurisdiction among county juvenile courts. (1) When a proceeding is pending in the
juvenile court of any county, the juvenile court of that county may authorize
the juvenile court of any other county to do one or both of the following, when
it will facilitate the disposition of the case without adverse effect on the
interests of the child or ward:
     (a) To conduct a hearing into the facts
alleged to bring the child within the jurisdiction of the juvenile court, to
determine the facts and to certify its findings to the court in which the case
is pending.
     (b) To assume jurisdiction over the case
and administer protection supervision of the ward, when the court in which the
proceeding is pending:
     (A) Finds that the ward has moved to the
other county or orders as part of its disposition of the proceeding that legal
custody of the ward be given to a person residing in the other county; and
     (B) Is advised that the court of the other
county will accept the wardship and jurisdiction of the case. The county
accepting wardship and jurisdiction shall pay the cost of administering
protective supervision of the ward, unless the transferring and receiving
counties otherwise agree. The county transferring jurisdiction shall pay the
cost of transporting the ward, unless the transferring and receiving counties
otherwise agree.
     (2) When the juvenile court of one county
is authorized by the juvenile court of another county to conduct a hearing into
facts as provided in this section or ORS 419B.130, the facts so found and
certified may be taken as established by the court of the county authorizing
the hearing and, if adopted by written order of the latter court, form a part
of its record in the case. [1993 c.33 §59; 2003 c.396 §38]
     419B.135
Transfer of case; transportation of child or ward. If the child or ward who is the subject of
the proceeding is, at the time of a transfer or temporary transfer provided for
in ORS 419B.127, 419B.130 and 419B.132, in shelter care or for other reason
needs transportation to the other county, the county in which the child or ward
resides shall make such order or provision for the transportation and
safekeeping of the child or ward as is appropriate in the circumstances,
including an order directing any peace officer of the county in which the child
or ward resides to transfer the child or ward in the manner directed. [1993
c.33 §60; 2003 c.396 §39]
(Protective
Custody)
     419B.150
When protective custody authorized; disposition of runaway child taken into
protective custody. (1) A
child may be taken into protective custody by a peace officer, counselor,
employee of the Department of Human Services or any other person authorized by
the juvenile court of the county in which the child is found, in the following
circumstances:
     (a) When the child’s condition or
surroundings reasonably appear to be such as to jeopardize the childÂ’s welfare;
     (b) When the juvenile court, by order
indorsed on the summons as provided in ORS 419B.839 or otherwise, has ordered
that the child be taken into protective custody; or
     (c) When it reasonably appears that the
child has run away from home.
     (2)(a) Before issuing an order under
subsection (1)(b) of this section, the court shall review an affidavit sworn on
information and belief provided by a peace officer, counselor or employee of
the department or other person authorized by the juvenile court that sets forth
with particularity the facts and circumstances on which the request for
protective custody is based, why protective custody is in the best interests of
the child and the reasonable efforts or, if the Indian Child Welfare Act
applies, active efforts made by the department to eliminate the need for
protective custody of the child.
     (b) Except as provided in paragraph (c) of
this subsection, an order directing that a child be taken into protective
custody under subsection (1) of this section shall contain written findings,
including a brief description of the reasonable efforts or, if the Indian Child
Welfare Act applies, active efforts to eliminate the need for protective
custody of the child that the department has made and why protective custody is
in the best interests of the child.
     (c) The court may issue an order even though
no services have been provided if the court makes written findings that no
existing services could eliminate the need for protective custody of the child
and that protective custody is in the best interests of the child.
     (3) When a child is taken into protective
custody as a runaway under subsection (1) of this section, the peace officer or
other person who takes the child into custody:
     (a)(A) Shall release the child without
unnecessary delay to the custody of the childÂ’s parent or guardian or to a shelter
facility that has agreed to provide care and services to children who have run
away from home and that has been designated by the juvenile court to provide
such care and services; or
     (B) Shall follow the procedures described
in ORS 419B.160, 419B.165, 419B.168 and 419B.171;
     (b) Shall, if possible, determine the
preferences of the child and the childÂ’s parent or guardian as to whether the
best interests of the child are better served by placement in a shelter
facility that has agreed to provide care and services to children who have run
away from home and that has been designated by the juvenile court to provide
such care and services or by release to the childÂ’s parent or guardian; and
     (c) Notwithstanding ORS 419B.165 and
subsection (1) of this section, shall release the child to a shelter facility
that has agreed to provide care and services to children who have run away from
home and that has been designated by the juvenile court to provide such care
and services if it reasonably appears that the child would not willingly remain
at home if released to the child’s parent or guardian. [1993 c.33 §61; 1993
c.546 §27; 1997 c.873 §10; 1999 c.691 §1; amendments by 1999 c.691 §2 repealed
by 2001 c.484 §1; 2001 c.622 §§46,47; 2001 c.686 §§1,2]
     419B.155
Protective custody not arrest.
(1) Protective custody shall not be deemed an arrest so far as the child is
concerned.
     (2) A peace officer taking a child into
protective custody has all the privileges and immunities of a peace officer
making an arrest. [1993 c.33 §62; 1993 c.546 §28]
     419B.157
Jurisdiction attaches at time of custody. Except as otherwise provided in ORS 419B.168, 419C.094 and 419C.103,
the jurisdiction of the juvenile court of the county in which a child is taken
into protective custody shall attach from the time the child is taken into
custody. [1993 c.33 §63; 1993 c.546 §29]
     419B.160
Place of detention; record; parental notice required. (1) A child or ward may not be detained at
any time in a police station, jail, prison or other place where adults are
detained, except that a child or ward may be detained in a police station for
up to five hours when necessary to obtain the child or wardÂ’s name, age,
residence and other identifying information.
     (2) All peace officers shall keep a record
of children taken into protective custody and shall promptly notify the
juvenile court or counselor of all children taken into protective custody.
     (3) As soon as practicable after the child
is taken into custody, the person taking the child into custody shall notify
the childÂ’s parent, guardian or other person responsible for the child. The
notice shall inform the parent, guardian or other person of the action taken
and the time and place of the hearing. [1993 c.33 §64; 1993 c.320 §1; 1993
c.546 §30; 2003 c.396 §40]
     419B.165
Release of child taken into custody. The person taking the child into custody shall release the child to
the custody of the childÂ’s parent or other responsible person in this state,
except in the following cases:
     (1) Where the court has issued an order
directing that the child be taken into protective custody.
     (2) Where the person taking the child into
custody has probable cause to believe that the welfare of the child or others
may be immediately endangered by the release of the child. [1993 c.33 §65; 1993
c.546 §31]
     419B.168
Procedure when child is not released. (1) If a child taken into protective custody is not released as
provided in ORS 419B.165 and the juvenile court for the county has not
established the alternative procedure authorized in subsection (4) of this
section, the person taking the child into custody shall, without unnecessary
delay, do one of the following:
     (a) Take the child before the court or a
person appointed by the court to effect disposition under ORS 419B.165.
     (b) Take the child to a place of detention
or shelter care or a public or private agency designated by the court and as
soon as possible thereafter notify the court that the child has been taken into
custody.
     (2) Where a child residing in some other county
is taken into protective custody the child may be:
     (a) Released to the child’s parent or
other responsible person in this state as provided in ORS 419B.165.
     (b) Delivered to a peace officer or
juvenile counselor in the county in which the child resides, if such delivery
can be made without unnecessary delay. In such event, the person to whom the
child is delivered shall assume protective custody of the child and shall
proceed as provided in this chapter.
     (3) Where a child is released or delivered
as provided in subsection (2) of this section, the jurisdiction of the juvenile
court of the county in which the child resides shall attach from the time the
child is taken into custody.
     (4) The juvenile court may establish, as
an alternative to the provisions of subsection (1) of this section, that if a
child taken into protective custody is not released as provided in ORS
419B.165, procedures shall be followed that comply with the following:
     (a) The person taking the child into
custody may communicate, by telecommunications or otherwise, with the person
appointed by the court to effect disposition under ORS 419B.175.
     (b) After interviewing the person taking
the child into custody and obtaining such other information as is considered
necessary, the person appointed by the court under ORS 419B.175 to effect
disposition may exercise the authority granted under that section and shall, in
such case, direct that the person taking the child into custody release the
child or deliver the child in accordance with such direction.
     (c) The person taking the child into
custody shall comply with the direction of the person appointed by the court to
effect disposition. [1993 c.33 §66; 1993 c.546 §32]
     419B.171
Report required when child is taken into custody. Except where the child is taken into custody
pursuant to an order of the court, the person taking the child into custody
shall promptly file with the court or a counselor a brief written report
stating all of the following:
     (1) The child’s name, age and address.
     (2) The name and address of the person
having legal or physical custody of the child.
     (3) Efforts to notify the person having
legal or physical custody of the child and the results of those efforts.
     (4) Reasons for and circumstances under
which the child was taken into protective custody.
     (5) If the child is not taken to court,
the placement of the child.
     (6) If the child was not released, the
reason why the child was not released.
     (7) If the child is not taken to court,
why the type of placement was chosen.
     (8) Efforts to determine whether the child
or the parents have any Indian heritage and the results of those efforts. If
the child is an Indian child, the placement of the child shall be according to
the preferences and criteria set out in the Indian Child Welfare Act. [1993
c.33 §67; 1993 c.546 §33]
     419B.175
Initial disposition of child taken into custody. (1) This subsection establishes the
authority and procedures that apply to a person designated by a court to effect
disposition of a child taken into protective custody or brought before the
court under ORS 419B.160, 419B.165, 419B.168 or 419B.171. The person shall,
when the person has taken custody of a child or has authority to effect
disposition of a child taken into custody:
     (a) Release the child to the custody of a
parent, guardian or other responsible person;
     (b) Release the child on the child’s own
recognizance when appropriate;
     (c) Subject to ORS 419B.121 or 419B.180,
place the child in shelter care or detention. The child shall be placed in
shelter care rather than detention, unless the person has probable cause to
believe that the court will be able to detain the child under ORS 419B.121; or
     (d) Pursuant to order of the court made
after the filing of a petition, hold, retain or place the child in shelter care
subject to further order.
     (2) If the child is released under
subsection (1)(a) of this section, the person releasing the child shall inform
the juvenile court. [1993 c.33 §69; 1993 c.546 §35]
(Shelter
Hearings)
     419B.180
Shelter and detention facilities. The juvenile court of each county shall designate the place or places
in which children are to be placed in detention or shelter care when taken into
protective custody. If the county is adjacent to another state, the court may designate
a place or places in the adjoining state where children, pursuant to an
agreement between such place or places and the juvenile department of the
county, may be placed in detention when taken into custody. A county juvenile
department shall not enter into an agreement with an out-of-state place for
detention of juveniles, as provided in this section, unless the place or places
conform to standards of this state for such a place and unless the agreement
includes a provision that the place be subject to inspection by officers of
this state under ORS 419A.061. [1993 c.33 §68; 1993 c.546 §34]
     419B.183
Speedy hearing required. A
child or ward may not be held in detention or shelter care more than 24 hours,
excluding Saturdays, Sundays and judicial holidays, except on order of the
court made pursuant to a hearing. [1993 c.33 §70; 2003 c.396 §41]
     419B.185
Evidentiary hearing. (1)
When a child or ward is taken, or is about to be taken, into protective custody
pursuant to ORS 419B.150, 419B.160, 419B.165, 419B.168 and 419B.171 and placed
in detention or shelter care, a parent, child or ward shall be given the
opportunity to present evidence to the court at the hearings specified in ORS
419B.183, and at any subsequent review hearing, that the child or ward can be
returned home without further danger of suffering physical injury or emotional
harm, endangering or harming others, or not remaining within the reach of the
court process prior to adjudication. At the hearing:
     (a) The court shall make written findings
as to whether the Department of Human Services has made reasonable efforts or,
if the Indian Child Welfare Act applies, active efforts to prevent or eliminate
the need for removal of the child or ward from the home and to make it possible
for the child or ward to safely return home. When the court finds that no
services were provided but that reasonable services would not have eliminated
the need for protective custody, the court shall consider the department to
have made reasonable efforts or, if the Indian Child Welfare Act applies,
active efforts to prevent or eliminate the need for protective custody. The
court shall include in the written findings a brief description of the
preventive and reunification efforts made by the department.
     (b) In determining whether a child or ward
shall be removed or continued out of home, the court shall consider whether the
provision of reasonable services can prevent or eliminate the need to separate
the family.
     (c) In determining whether the department
has made reasonable efforts or, if the Indian Child Welfare Act applies, active
efforts to prevent or eliminate the need for removal of the child or ward from
the home and to make it possible for the child or ward to safely return home,
the court shall consider the child or wardÂ’s health and safety the paramount
concerns.
     (d) The court shall make a written finding
in every order of removal that describes why it is in the best interests of the
child or ward that the child or ward be removed from the home or continued in
care.
     (e) When the court determines that a child
or ward shall be removed from the home or continued in care, the court shall
make written findings whether the department made diligent efforts pursuant to
ORS 419B.192. The court shall include in its written findings a brief
description of the efforts made by the department.
     (f) The court shall determine whether the
child or ward is an Indian child as defined in ORS 419A.004 or in the
applicable State-Tribal Indian Child Welfare Agreement.
     (g) The court may receive testimony,
reports and other evidence without regard to whether the evidence is admissible
under ORS 40.010 to 40.210 and 40.310 to 40.585 if the evidence is relevant to
the determinations and findings required under this section. As used in this
paragraph, “relevant evidence” has the meaning given that term in ORS 40.150.
     (2) To aid the court in making the written
findings required by subsection (1)(a), (d) and (e) of this section, the
department shall present written documentation to the court outlining:
     (a) The efforts made to prevent taking the
child or ward into protective custody and to provide services to make it
possible for the child or ward to safely return home;
     (b) The efforts the department made
pursuant to ORS 419B.192; and
     (c) Why protective custody is in the best
interests of the child or ward. [1993 c.33 §71; 1993 c.295 §5; 1993 c.546 §123;
1997 c.873 §19; 1999 c.859 §8; 2001 c.686 §3; 2003 c.355 §1; 2003 c.396 §42;
2007 c.806 §4]
     419B.190 [1993 c.295 §2; 1997 c.863 §3; 1999 c.65 §1;
2001 c.622 §37; renumbered 419B.845 in 2001]
(Placement of
Child or Ward)
     419B.192
Placement of child or ward; preference given to relatives and certain other
persons. (1) If the court
finds that a child or ward is in need of placement or continuation in
substitute care, there shall be a preference given to placement of the child or
ward with relatives and persons who have a caregiver relationship with the
child or ward as defined in ORS 419B.116. 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.
     (2) If a child or ward in need of
placement or continuation in substitute care has a sibling also in need of
placement or continuation in substitute care, 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 childÂ’s or the wardÂ’s sibling.
     (3) In attempting to place the child or
ward pursuant to subsections (1) and (2) of this section, the department shall
consider, but not be limited to considering, 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 wardÂ’s physical, emotional and educational
needs, including the child or wardÂ’s need to continue in the same school or
educational placement;
     (d) 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
     (e) The ability of the person being
considered to provide a placement for the childÂ’s or wardÂ’s sibling who is also
in need of placement or continuation in substitute care.
     (4) Notwithstanding subsections (1) to (3)
of this section, in cases where the Indian Child Welfare Act applies, the
placement preferences of the Indian Child Welfare Act shall be followed. [1997
c.479 §4; 1999 c.569 §9; 2003 c.396 §43; 2005 c.449 §1; 2005 c.521 §2; 2007
c.806 §5]
(Counsel)
     419B.195
Appointment of counsel for child or ward; access of appointed counsel to
records of child or ward.
(1) If the child, ward, parent or guardian requests counsel for the child or
ward but is without sufficient financial means to employ suitable counsel
possessing skills and experience commensurate with the nature of the petition
and the complexity of the case, the court may appoint suitable counsel to
represent the child or ward at state expense if the child or ward is determined
to be financially eligible under the policies, procedures, standards and
guidelines of the Public Defense Services Commission. Whenever requested to do
so, the court shall appoint counsel to represent the child or ward in a case
filed pursuant to ORS 419B.100. The court may not substitute one appointed
counsel for another except pursuant to the policies, procedures, standards and
guidelines of the Public Defense Services Commission.
     (2) Upon presentation of the order of
appointment under this section by the attorney for the child or ward, any
agency, hospital, school organization, division or department of the state,
doctor, nurse or other health care provider, psychologist, psychiatrist, police
department or mental health clinic shall permit the attorney to inspect and
copy any records of the child or ward involved in the case, without the consent
of the child or ward or parents. This subsection does not apply to records of a
police agency relating to an ongoing investigation prior to charging. [1993
c.33 §72; 1993 c.234 §1; 1993 c.546 §38; 2001 c.962 §43; 2003 c.396 §§44,45;
2003 c.449 §§9,46]
     419B.198
Responsibility for payment of costs related to provision of appointed counsel
for child or ward. (1) When
the court appoints counsel to represent a child or ward, it may order the
parent, if able, or guardian of the estate, if the estate is able, to pay to
the Public Defense Services Account in the General Fund, through the clerk of
the court, in full or in part the administrative costs of determining the
ability of the parents or estate to pay for legal services and the costs of the
legal and other services that are related to the provision of appointed
counsel.
     (2) The test of the parent’s or estate’s
ability to pay costs under subsection (1) of this section is the same test as
applied to appointment of counsel for defendants under ORS 135.050 or under the
policies, procedures, standards and guidelines adopted under ORS 151.216. If
counsel is provided at state expense, the court shall apply this test in
accordance with the guidelines adopted by the Public Defense Services
Commission under ORS 151.485.
     (3) If counsel is provided at state
expense, the court shall determine the amount the parents or estate is required
to pay for the costs of administrative, legal and other services related to the
provision of appointed counsel in the same manner as this amount is determined
under ORS 151.487.
     (4) The court’s order of payment is
enforceable in the same manner as an order of support under ORS 419B.408. [1993
c.33 §73; 1997 c.761 §6; 2001 c.962 §44; 2003 c.396 §§46,47; 2003 c.449 §10]
     419B.201
Compensation for court-appointed counsel for child or ward under ORS 135.055. When the court appoints counsel for the
child or ward and the child or ward is determined to be entitled to, and
financially eligible for, appointment of counsel at state expense, and the
parent or guardian is without sufficient financial means to employ counsel, the
compensation for counsel and reasonable fees and expenses of investigation,
preparation and presentation paid or incurred shall be determined and paid as
provided in ORS 135.055. [1993 c.33 §74; 2001 c.962 §45; 2003 c.396 §§48,49;
2003 c.449 §30]
     419B.205
Appointment of counsel for parent or legal guardian. (1) Counsel shall be appointed for the
parent or legal guardian whenever the nature of the proceedings and due process
so require, and when the parent or legal guardian has been determined by the
court to be eligible to receive appointed counsel under the standard in ORS
135.050 or the policies, procedures, standards and guidelines adopted under ORS
151.216. In deciding whether to appoint counsel under this section, the court
shall consider the following factors:
     (a) The duration and degree of
invasiveness of the interference with the parent-child relationship that
possibly could result from the proceeding;
     (b) The complexity of the issues and
evidence;
     (c) The nature of allegations and evidence
contested by the parent or legal guardian; and
     (d) The effect the facts found or the
disposition in the proceeding may have on later proceedings or events,
including but not limited to termination of parental rights or criminal
proceedings.
     (2) The court may not substitute one
appointed counsel for another except pursuant to the policies, procedures,
standards and guidelines adopted under ORS 151.216. [1993 c.33 §75; 2001 c.962 §46;
2003 c.449 §§11,47]
     419B.208
Other law applicable to appointment of counsel. Appointment of counsel for the child, ward
or parent is subject to ORS 135.055, 151.216 and 151.219. [1993 c.33 §76; 2001
c.962 §47; 2003 c.396 §§50,51]
     419B.211
Motion to withdraw as counsel.
(1) When a parent or guardian is required to appear at a hearing related to a
petition to establish jurisdiction or a petition to establish permanent
guardianship or terminate parental rights, if the parent or guardian fails to
appear at the hearing without reasonable explanation, the attorney for the
parent or guardian may move to withdraw from representing the parent or
guardian.
     (2) The attorney shall explain to the
court the basis for a motion to withdraw under this section.
     (3) The court may grant a motion to
withdraw as counsel under this section. [2007 c.497 §2]
(Educational
Surrogate)
     419B.220
Appointment of surrogate.
(1) Upon the request of any party, the court shall appoint a surrogate for a
child who is temporarily or permanently in the custody of, or committed to, a
public or private agency through the action of the juvenile court if:
     (a) The court finds that the child may be
eligible for special education programs because of a disabling condition as
provided in ORS chapter 343;
     (b) The child does not already have a
surrogate appointed by a school district or other educational agency; and
     (c) The requesting party nominates a
person who is willing to serve as the surrogate and who meets the requirements
described in subsection (2) of this section.
     (2) A surrogate appointed under this
section:
     (a) May not be an employee of the state
educational agency, a school district or any other agency that is involved in
the education or care of the child;
     (b) May not have a conflict of interest
that would interfere with the surrogate representing the special education
interests of the child; and
     (c) Shall have knowledge and skills that
ensure that the surrogate can adequately represent the child in special
education decisions. [1993 c.33 §77; 2005 c.662 §14]
     419B.223
Duties and tenure of surrogate.
A person that is appointed surrogate for a ward has the duty and authority to
protect the due process rights of the ward with respect to the provision of
free appropriate public education. A surrogate appointed by the court shall
immediately apply to the attending school district for an evaluation of the
wardÂ’s eligibility for special education and shall participate in the
development of the wardÂ’s educational plan as provided in ORS chapter 343. The
duties and responsibilities of the surrogate shall continue until whichever of
the following occurs first:
     (1) The ward is 21 years of age;
     (2) The ward is determined to be no longer
eligible for special education; or
     (3) The juvenile court terminates wardship
and determines that the childÂ’s parent or guardian is both known and available
to protect the special educational rights of the child. [1993 c.33 §78; 2003
c.396 §52]
     419B.230 [1993 c.33 §85; 1993 c.546 §39; repealed by
2001 c.622 §57]
(Guardian Ad
Litem for Parent)
     419B.231
Appointment; hearing; findings.
(1) In a proceeding under this chapter, including a proceeding for the
termination of parental rights, the court, on its own motion or on the written
or oral motion of a party in the proceeding, may appoint a guardian ad litem
for a parent involved in the proceeding as provided in this section.
     (2) The court shall conduct a hearing to
determine whether to appoint a guardian ad litem in a proceeding under this
chapter if:
     (a) A party moves for the appointment and
the affidavit or oral representations submitted in support of the motion state
facts that, if proved at a hearing under this section, would establish that it
is more probable than not that:
     (A) Due to the parent’s mental or physical
disability or impairment, the parent lacks substantial capacity either to
understand the nature and consequences of the proceeding or to give direction
and assistance to the parentÂ’s attorney on decisions the parent must make in
the proceeding; and
     (B) The appointment of a guardian ad litem
is necessary to protect the parentÂ’s rights in the proceeding during the period
of the parentÂ’s disability or impairment; or
     (b) The court has a reasonable belief
that:
     (A) Due to the parent’s mental or physical
disability or impairment, the parent lacks substantial capacity either to
understand the nature and consequences of the proceeding or to give direction
and assistance to the parentÂ’s attorney on decisions the parent must make in
the proceeding; and
     (B) The appointment of a guardian ad litem
is necessary to protect the parentÂ’s rights in the proceeding during the period
of the parentÂ’s disability or impairment.
     (3)(a) A court may not appoint a guardian
ad litem under this section unless the court conducts a hearing. At the
hearing, the court may receive testimony, reports and other evidence without
regard to whether the evidence is admissible under ORS 40.010 to 40.210 and
40.310 to 40.585 if the evidence is:
     (A) Relevant to the findings required
under this section; and
     (B) Of a type commonly relied upon by
reasonably prudent persons in the conduct of their serious affairs.
     (b) For purposes of this subsection,
evidence is relevant if it is “relevant evidence” as defined in ORS 40.150.
     (4) A court may not appoint a guardian ad
litem for a parent unless the court finds by a preponderance of the evidence
presented at the hearing that:
     (a) Due to the parent’s mental or physical
disability or impairment, the parent lacks substantial capacity either to
understand the nature and consequences of the proceeding or to give direction
and assistance to the parentÂ’s attorney on decisions the parent must make in
the proceeding; and
     (b) The appointment of a guardian ad litem
is necessary to protect the parentÂ’s rights in the proceeding during the period
of the parentÂ’s disability or impairment.
     (5) The fact that a guardian ad litem has
been appointed under this section may not be used as evidence of mental or
emotional illness in any juvenile court proceeding, any civil commitment
proceeding or any other civil proceeding. [2005 c.450 §2]
     419B.233 [1993 c.33 §87; repealed by 2001 c.622 §57]
     419B.234
Qualifications; duties; privilege. (1) A person appointed as a guardian ad litem under ORS 419B.231:
     (a) Must be a licensed mental health
professional or attorney;
     (b) Must be familiar with legal standards
relating to competence;
     (c) Must have skills and experience in
representing persons with mental and physical disabilities or impairments; and
     (d) May not be a member of the parent’s
family.
     (2) The guardian ad litem is not a party
in the proceeding but is a representative of the parent.
     (3) The guardian ad litem shall:
     (a) Consult with the parent, if the parent
is able, and with the parentÂ’s attorney and make any other inquiries as are
appropriate to assist the guardian ad litem in making decisions in the juvenile
court proceeding.
     (b) Make legal decisions that the parent
would ordinarily make concerning the juvenile court proceeding including, but
not limited to, whether to:
     (A) Admit or deny the allegations of any
petition;
     (B) Agree to or contest jurisdiction,
wardship, temporary commitment, guardianship or permanent commitment;
     (C) Accept or decline a conditional
postponement; or
     (D) Agree to or contest specific services
or placement.
     (c) Make decisions concerning the adoption
of a child of the parent including release or surrender, certificates of
irrevocability and consent to adoption under ORS 109.312 or 418.270 and
agreements under ORS 109.305.
     (d) Control the litigation and provide
direction to the parentÂ’s attorney on the decisions that would ordinarily be
made by the parent in the proceeding.
     (e) Inform the court if the parent no
longer needs a guardian ad litem.
     (4) In making decisions under subsection
(3) of this section, the guardian ad litem shall make the decisions consistent
with what the guardian ad litem believes the parent would decide if the parent
did not lack substantial capacity to either understand the nature and
consequences of the proceeding or give direction or assistance to the parentÂ’s
attorney on decisions the parent must make in the proceeding.
     (5) The parent’s attorney shall follow
directions provided by the guardian ad litem on decisions that are ordinarily
made by the parent in the proceeding. The parentÂ’s attorney shall inquire at
every critical stage in the proceeding as to whether the parentÂ’s competence
has changed and, if appropriate, shall request removal of the guardian ad
litem.
     (6)(a) A parent for whom a guardian ad
litem has been appointed under ORS 419B.231 has a privilege to refuse to
disclose and to prevent any other person from disclosing confidential
communications made for the purpose of facilitating the rendition of
professional services to the parent:
     (A) Between the guardian ad litem and the
parentÂ’s attorney or a representative of the attorney; or
     (B) Between the guardian ad litem and the
parent.
     (b) The privilege created by this
subsection:
     (A) May be claimed by the parent or the
guardian ad litem. The guardian ad litem may claim the privilege only on behalf
of the parent.
     (B) Is subject to ORS 40.280, 40.285 and
40.290. [2005 c.450 §3]
     419B.236 [1993 c.33 §88; repealed by 2001 c.622 §57]
     419B.237
Duration of appointment; compensation. (1) The appointment of a guardian ad litem under ORS 419B.231
continues until:
     (a) The court terminates the appointment;
     (b) The juvenile court proceeding is
dismissed; or
     (c) The parent’s parental rights are
terminated, unless the court continues the appointment.
     (2) A party to the proceeding or the
attorney for the parent for whom a guardian ad litem has been appointed may
request removal of the guardian ad litem. The court:
     (a) Shall remove the guardian ad litem if
the court determines that the parent no longer lacks substantial capacity
either to understand the nature and consequences of the proceeding or to give
direction and assistance to the parentÂ’s attorney on decisions the parent must
make in the proceeding; or
     (b) May remove the guardian ad litem on
other grounds as the court determines appropriate.
     (3) The Public Defense Services Commission
shall compensate a guardian ad litem for duties the guardian ad litem performs
in the proceeding from funds appropriated to the commission. [2005 c.450 §4]
     419B.239 [1993 c.33 §89; 1993 c.546 §40; repealed by
2001 c.622 §57]
     419B.242 [1993 c.33 §90; 1993 c.546 §41; repealed by
2001 c.622 §57]
     419B.245 [1993 c.33 §91; 2001 c.622 §38; renumbered
419B.872 in 2001]
     419B.260 [1993 c.546 §43 (enacted in lieu of 1993
c.33 §92); 1997 c.707 §31; 1997 c.873 §12; 1999 c.302 §1; 2001 c.622 §36;
renumbered 419B.806 in 2001]
     419B.265 [1993 c.33 §93; 1993 c.546 §44; 1995 c.273 §21;
repealed by 2001 c.622 §57]
     419B.268 [1993 c.33 §94; 1993 c.295 §3; 1993 c.546 §45;
repealed by 2001 c.622 §57]
     419B.271 [1993 c.33 §95; 1993 c.295 §4; 1993 c.546 §46;
1995 c.273 §22; repealed by 2001 c.622 §57]
     419B.274 [1993 c.33 §96; repealed by 2001 c.622 §57]
     419B.277 [1993 c.33 §97; 1993 c.546 §47; repealed by
2001 c.622 §57]
     419B.280 [1993 c.33 §98; renumbered 419B.827 in 2001]
     419B.282 [1993 c.33 §99; 2001 c.622 §48; renumbered
419B.842 in 2001]
     419B.285 [1993 c.33 §100; 1993 c.546 §48; 2001 c.622 §41;
renumbered 419B.914 in 2001]
     419B.300 [1993 c.546 §50; 2001 c.622 §40; renumbered
419B.881 in 2001]
(Hearings)
     419B.305
When hearing must be held; continuation; priority. (1) Except as otherwise provided in this
section, no later than 60 days after a petition alleging that a child is within
the jurisdiction of the court under ORS 419B.100 has been filed, the court
shall hold a hearing on the petition and enter an order under ORS 419B.325 (1).
Upon written order supported by factual findings of good cause, the court may
continue a petition beyond 60 days.
     (2) No later than 30 days after a petition
alleging jurisdiction under ORS 419B.100 is filed all parties shall comply with
ORS 419B.881.
     (3) When a person denies allegations in
the petition, the court shall set the case for a hearing within the time limits
prescribed by subsection (1) of this section. Upon written order supported by
factual findings of good cause, the court may continue the hearing beyond the
60-day time limit.
     (4) Upon expiration of any continuance
granted by this section, the court shall give a petition filed under ORS
419B.100 that is beyond the time limit imposed by subsection (1) of this
section the highest priority on the court docket. [1997 c.873 §18; 1999 c.859 §9;
2001 c.622 §53]
     419B.310
Conduct of hearings. (1) The
hearing shall be held by the court without a jury and may be continued from
time to time. During the hearing of a case filed pursuant to ORS 419B.100, the
court, on its own motion or upon the motion of a party, may take testimony from
any child appearing as a witness and may exclude the childÂ’s parents and other
persons if the court finds such action would be likely to be in the best
interests of the child. However, the court shall not exclude the attorney for
each party and the testimony shall be reported.
     (2) Stenographic notes or other report of
the hearings shall be taken only when required by the court.
     (3) The facts alleged in the petition
showing the child to be within the jurisdiction of the court as provided in ORS
419B.100 (1), unless admitted, must be established by a preponderance of
competent evidence. [1993 c.33 §101; 1993 c.546 §51; 2001 c.622 §54]
     419B.315 [1993 c.546 §53; 2001 c.622 §55; renumbered
419B.884 in 2001]
     419B.317 [1993 c.33 §102; repealed by 2001 c.622 §57]
     419B.320 [1993 c.33 §103; 2001 c.104 §151; 2001 c.338
§1; 2001 c.962 §48; renumbered 419B.908 in 2001]
(Disposition)
     419B.325
Disposition required; evidence.
(1) At the termination of the hearing or hearings in the proceeding, the court
shall enter an appropriate order directing the disposition to be made of the
case.
     (2) For the purpose of determining proper
disposition of the ward, testimony, reports or other material relating to the
wardÂ’s mental, physical and social history and prognosis may be received by the
court without regard to their competency or relevancy under the rules of
evidence. [1993 c.33 §104; 2003 c.396 §53]
     419B.328
Ward of the court; duration of wardship. (1) The court shall make a child found to be within the jurisdiction
of the court as provided in ORS 419B.100 a ward of the court.
     (2) The court’s wardship continues, and
the ward is subject to the courtÂ’s jurisdiction, until one of the following
occurs:
     (a) The court dismisses the petition
concerning the ward;
     (b) The court transfers jurisdiction over
the ward as provided in ORS 419B.127, 419B.130 and 419B.132;
     (c) The court enters an order terminating
the wardship;
     (d) A judgment of adoption of the ward is
entered by a court of competent jurisdiction; or
     (e) The ward becomes 21 years of age. [1993
c.33 §105; 1995 c.422 §70; 2003 c.396 §54; 2003 c.576 §447]
     419B.331
When protective supervision authorized; conditions that may be imposed. When the court determines it would be in the
best interest and welfare of a ward, the court may place the ward under
protective supervision. The court may direct that the ward remain in the legal
custody of the wardÂ’s parents or other person with whom the ward is living, or
the court may direct that the ward be placed in the legal custody of some
relative or some person maintaining a foster home approved by the court, or in
a child care center or a youth care center authorized to accept the ward. The
court may specify particular requirements to be observed during the protective
supervision consistent with recognized juvenile court practice, including but
not limited to restrictions on visitation by the wardÂ’s parents, restrictions
on the wardÂ’s associates, occupation and activities, restrictions on and
requirements to be observed by the person having the wardÂ’s legal custody, and
requirements for visitation by and consultation with a juvenile counselor or
other suitable counselor. [1993 c.33 §106; 2003 c.396 §55]
     419B.334
Placement out of state. When
the court determines it would be in the best interest and welfare of a ward,
the court may, if there is an interstate compact or agreement or an informal
arrangement with another state permitting the ward to reside in another state
while under protective supervision, or to be placed in an institution or with
an agency in another state, place the ward under protective supervision in such
other state. [1993 c.33 §107; 2003 c.396 §56]
     419B.337
Commitment to custody of Department of Human Services. (1) When the court determines it would be in
the best interest and for the welfare of a ward, the court may place the ward
in the legal custody of the Department of Human Services for care, placement
and supervision. When the court enters an order removing a ward from the wardÂ’s
home or an order continuing care, the court shall make a written finding as to
whether:
     (a) Removal of the ward from the ward’s
home or continuation of care is in the best interest and for the welfare of the
ward;
     (b) Reasonable efforts, considering the
circumstances of the ward and parent, have been made to prevent or eliminate
the need for removal of the ward from the home or to make it possible for the
ward to safely return home. In making this finding, the court shall consider
the wardÂ’s health and safety the paramount concerns; and
     (c) Diligent efforts have been made to
place the ward pursuant to ORS 419B.192.
     (2) The court may specify the particular
type of care, supervision or services to be provided by the Department of Human
Services to wards placed in the departmentÂ’s custody and to the parents or
guardians of the wards, but the actual planning and provision of such care,
supervision or services is the responsibility of the department. The department
may place the ward in a child care center authorized to accept the ward.
     (3) The court may make an order regarding
visitation by the wardÂ’s parents or siblings. The Department of Human Services
is responsible for developing and implementing a visitation plan consistent
with the courtÂ’s order.
     (4) Uniform commitment blanks, in a form
approved by the Director of Human Services, shall be used by all courts for
placing wards in the legal custody of the Department of Human Services.
     (5) If the ward has been placed in the
custody of the Department of Human Services, the court shall make no commitment
directly to any residential facility, but shall cause the ward to be delivered
into the custody of the department at the time and place fixed by rules of the
department. A ward so committed may not be placed in a Department of
Corrections institution.
     (6) Commitment of a ward to the Department
of Human Services continues until dismissed by the court or until the ward
becomes 21 years of age.
     (7) A court may dismiss commitment of a
ward to the Department of Human Services if:
     (a)(A) Dismissal is appropriate because
the ward has been safely reunited with a parent or because a safe alternative
to reunification has been implemented for the ward; and
     (B) The ward is at least 14 years of age
but less than 21 years of age and the court finds that:
     (i) The department has provided case
planning pursuant to ORS 419B.343 that addresses the wardÂ’s needs and goals for
a successful transition to independent living, including needs and goals
relating to housing, physical and mental health, education, employment,
community connections and supportive relationships;
     (ii) The department has provided
appropriate services pursuant to the case plan;
     (iii) The department has involved the ward
in the development of the case plan and in the provision of appropriate
services; and
     (iv) The ward has safe and stable housing
and is unlikely to become homeless as a result of dismissal of commitment of
the ward to the department; or
     (b) The ward has been committed to the
custody of the Oregon Youth Authority. [1993 c.33 §108; 1993 c.546 §129; 1999
c.859 §10; 2003 c.396 §57; 2005 c.679 §1; 2007 c.806 §6]
     419B.340
Reasonable or active efforts determination. (1) If the court awards custody to the Department of Human Services,
the court shall include in the disposition order a determination whether the
department has made reasonable efforts or, if the Indian Child Welfare Act
applies, active efforts to prevent or eliminate the need for removal of the
ward from the home. If the ward has been removed prior to the entry of the
order, the order shall also include a determination whether the department has
made reasonable or active efforts to make it possible for the ward to safely
return home. In making the determination under this subsection, the court shall
consider the wardÂ’s health and safety the paramount concerns.
     (2) In support of its determination
whether reasonable or active efforts have been made by the department, the
court shall enter a brief description of what preventive and reunification
efforts were made and why further efforts could or could not have prevented or
shortened the separation of the family.
     (3) When the first contact with the family
has occurred during an emergency in which the ward could not remain without
jeopardy at home even with reasonable services being provided, the department
shall be considered to have made reasonable or active efforts to prevent or
eliminate the need for removal.
     (4) When the court finds that preventive
or reunification efforts have not been reasonable or active, but further
preventive or reunification efforts could not permit the ward to remain without
jeopardy at home, the court may authorize or continue the removal of the ward.
     (5) If a court determines that one of the
following circumstances exist, the juvenile court may make a finding that the
department is not required to make reasonable efforts to make it possible for
the ward to safely return home:
     (a) Aggravated circumstances including,
but not limited to, the following:
     (A) The parent by abuse or neglect has
caused the death of any child;
     (B) The parent has attempted, solicited or
conspired, as described in ORS 161.405, 161.435 or 161.450 or under comparable
laws of any jurisdiction, to cause the death of any child;
     (C) The parent by abuse or neglect has
caused serious physical injury to any child;
     (D) The parent has subjected any child to
rape, sodomy or sexual abuse;
     (E) The parent has subjected any child to
intentional starvation or torture;
     (F) The parent has abandoned the ward as
described in ORS 419B.100 (1)(e); or
     (G) The parent has unlawfully caused the
death of the other parent of the ward;
     (b) The parent has been convicted in any
jurisdiction of one of the following crimes:
     (A) Murder of another child of the parent,
which murder would have been an offense under 18 U.S.C. 1111(a);
     (B) Manslaughter in any degree of another
child of the parent, which manslaughter would have been an offense under 18
U.S.C. 1112(a);
     (C) Aiding, abetting, attempting,
conspiring or soliciting to commit an offense described in subparagraph (A) or
(B) of this paragraph; or
     (D) Felony assault that results in serious
physical injury to the ward or another child of the parent; or
     (c) The parent’s rights to another child
have been terminated involuntarily.
     (6) If, pursuant to a determination under
subsection (5) of this section, the juvenile court makes a finding that the
department is not required to make reasonable efforts to prevent or eliminate
the need for removal of the ward from the home or to make it possible for the
ward to safely return home, and the department determines that it will not make
such efforts, the court shall conduct a permanency hearing as provided in ORS
419B.470 no later than 30 days after the judicial finding under subsection (5)
of this section.
     (7) When an Indian child is involved, the
department must satisfy the court that active efforts have been made to provide
remedial services and rehabilitative programs designed to prevent the breakup
of the Indian family and that these efforts have proven unsuccessful. Foster
care placement may not be ordered in a proceeding in the absence of a
determination, supported by clear and convincing evidence, including the
testimony of expert witnesses, that the continued custody of the Indian child
by the parent or Indian custodian is likely to result in serious emotional or
physical injury to the Indian child. [1993 c.33 §109; 1993 c.546 §124; 1999
c.859 §11; 2001 c.686 §14; 2003 c.396 §58]
     419B.343
Recommendations of committing court; case planning; plan contents. (1) To ensure effective planning for wards,
the Department of Human Services shall take into consideration recommendations and
information provided by the committing court before placement in any facility.
The department shall ensure that the case planning in any case:
     (a) For the reunification of the family
bears a rational relationship to the jurisdictional findings that brought the
ward within the courtÂ’s jurisdiction under ORS 419B.100;
     (b) Incorporates the perspective of the
ward and the family and, whenever possible, allows the family to assist in
designing its own service programs, based on an assessment of the familyÂ’s
needs and the familyÂ’s solutions and resources for change; and
     (c) Is integrated with other agencies in
cooperation with the caseworkers.
     (2) Except in cases when the plan is
something other than to reunify the family, the department shall include in the
case plan:
     (a) Appropriate services to allow the
parent the opportunity to adjust the parentÂ’s circumstances, conduct or
conditions to make it possible for the ward to safely return home within a
reasonable time; and
     (b) A concurrent permanent plan to be
implemented if the parent is unable or unwilling to adjust the parentÂ’s
circumstances, conduct or conditions in such a way as to make it possible for
the ward to safely return home within a reasonable time.
     (3) Any time after a ward attains 14 years
of age, if the department determines that it is appropriate, but in no case
later than the date the ward attains 16 years of age, the department shall
ensure that the case planning in the case addresses the wardÂ’s needs and goals
for a successful transition to independent living, including needs and goals
related to housing, physical and mental health, education, employment,
community connections and supportive relationships.
     (4) The case plan for a ward in substitute
care must include the health and education records of the ward, including the
most recent information available regarding:
     (a) The names and addresses of the ward’s
health and education providers;
     (b) The grade level of the ward’s academic
performance;
     (c) The ward’s school record;
     (d) Whether the ward’s placement takes
into account proximity to the school in which the ward is enrolled at the time
of placement;
     (e) The ward’s immunizations;
     (f) Any known medical problems of the
ward;
     (g) The ward’s medications; and
     (h) Any other relevant health and
education information concerning the ward that the department determines is
appropriate to include in the records. [1993 c.33 §110; 1995 c.770 §1; 1997
c.873 §13; 1999 c.859 §12; 2001 c.686 §15; 2003 c.396 §59; 2003 c.544 §3a; 2007
c.611 §5]
     419B.346
Medical planning. Whenever a
ward who is in need of medical care or other special treatment by reason of
physical or mental condition is placed in the custody of the Department of
Human Services by the juvenile court, the department shall prepare a plan for
care or treatment within 14 days after assuming custody of the ward. The court
may indicate in general terms the type of care which it regards as initially
appropriate. A copy of the plan, including a time schedule for its
implementation, shall be sent to the juvenile court that committed the ward to
the department. The court may at any time request regular progress reports on
implementation of the plan. The department shall notify the court when the plan
is implemented, and shall report to the court concerning the progress of the
ward annually thereafter. If the plan is subsequently revised, the department
shall notify the court of the revisions and the reasons for the revisions. [1993
c.33 §111; 2003 c.396 §60]
     419B.349
Court authority to review placement. Commitment of a child or ward to the Department of Human Services does
not terminate the courtÂ’s continuing jurisdiction to protect the rights of the
child or ward or the child or wardÂ’s parents or guardians. Notwithstanding ORS
419B.337 (5), if upon review of a placement of a child or ward made by the
department the court determines that the placement is not in the best interest
of the child or ward, the court may direct the department to place the child or
ward in the care of the child or wardÂ’s parents, in foster care with a foster
care provider who is a relative, in foster care with another foster care
provider, in residential care, in group care or in some other specific type of
residential placement, but unless otherwise required by law, the court may not
direct a specific placement. The actual planning and placement of the child or
ward is the responsibility of the department. Nothing in this section affects
any contractual right of a private agency to refuse or terminate a placement. [1993
c.33 §112; 1997 c.497 §1; 1997 c.764 §1; 2003 c.396 §61; 2007 c.235 §1; 2007
c.806 §13]
     419B.350 [1997 c.873 §15; 1999 c.859 §13; repealed by
2001 c.686 §25]
     419B.352
Hospitalization; mental health examination. The court may direct that the child or ward be examined or treated by
a physician, psychiatrist or psychologist, or receive other special care or
treatment in a hospital or other suitable facility. If the court determines
that mental health examination and treatment should be provided by services
delivered through the Department of Human Services, the department shall
determine the appropriate placement or services in consultation with the court
and other affected agencies. If an affected agency objects to the type of
placement or services, the court shall determine the appropriate type of
placement or service. During the examination or treatment of the child or ward,
the department may, if appropriate, be appointed guardian of the child or ward.
[1993 c.33 §113; 2001 c.900 §123; 2003 c.396 §62]
(Guardianships)
     419B.365
Permanent guardianship; petition; when filed; procedure. (1) At any time following establishment of
jurisdiction and wardship under ORS 419B.100, but prior to filing of a petition
under ORS 419B.500, or after dismissal of a petition filed under ORS 419B.500
if it fails to result in termination of the parentÂ’s rights, a party, or person
granted rights of limited participation for the purpose of filing a
guardianship petition, may file, and the court may hear, a petition for permanent
guardianship. If the Department of Human Services chooses not to participate in
a proceeding initiated by an intervenor under ORS 419B.875, the state is not
foreclosed from filing a subsequent action should the intervenorÂ’s petition be
denied.
     (2) The grounds for granting a permanent
guardianship are the same as those for termination of parental rights.
     (3) The court shall grant a permanent
guardianship if it finds by clear and convincing evidence that:
     (a) The grounds cited in the petition are
true; and
     (b) It is in the best interest of the ward
that the parent never have physical custody of the ward but that other parental
rights and duties should not be terminated.
     (4) If an Indian child is involved, the
permanent guardianship must be in compliance with the Indian Child Welfare Act.
Notwithstanding subsection (3) of this section, the facts supporting any
finding made to establish a permanent guardianship for an Indian child,
including the finding that continued custody by the parents or Indian custodian
would result in serious emotional or physical harm to the Indian child, must be
established beyond a reasonable doubt.
     (5) Unless vacated under ORS 419B.368, a
guardianship established under this section continues as long as the ward is
subject to the court’s jurisdiction as provided in ORS 419B.328. [1997 c.873 §3;
1999 c.59 §119; 1999 c.859 §23; 2003 c.229 §6; 2003 c.396 §63a; 2007 c.333 §1]
     419B.366
Guardianship; motion; procedure. (1) A party, or a person granted rights of limited participation for
the purpose of filing a guardianship motion, may file a motion to establish a
guardianship. The motion must be in writing and state with particularity the
factual and legal grounds for the motion.
     (2) Except as otherwise provided in
subsection (3) of this section, the facts supporting any finding made or relief
granted under this section must be established by a preponderance of evidence.
     (3) If an Indian child is involved, the
guardianship must be in compliance with the Indian Child Welfare Act. The facts
supporting any finding made to establish a guardianship for an Indian child,
including the finding that continued custody by the parents or Indian custodian
would result in serious emotional or physical harm to the Indian child, must be
established by clear and convincing evidence.
     (4) In a proceeding under this section,
the court may receive testimony and reports as provided in ORS 419B.325.
     (5) If the court has approved a plan of
guardianship under ORS 419B.476, the court may grant the motion for
guardianship if the court determines, after a hearing, that:
     (a) The ward cannot safely return to a
parent within a reasonable time;
     (b) Adoption is not an appropriate plan
for the ward;
     (c) The proposed guardian is suitable to
meet the needs of the ward and is willing to accept the duties and authority of
a guardian; and
     (d) Guardianship is in the ward’s best
interests. In determining whether guardianship is in the wardÂ’s best interests,
the court shall consider the wardÂ’s wishes.
     (6) Unless vacated pursuant to ORS
419B.368, a guardianship established under this section continues as long as
the ward is subject to the courtÂ’s jurisdiction as provided in ORS 419B.328. [2003
c.229 §2; 2007 c.333 §2]
     419B.367
Letters of guardianship; reports by guardian; review of reports; legal status
and liability of guardian.
(1) Upon granting a motion for guardianship under ORS 419B.366 or upon granting
a petition for guardianship under ORS 419B.365, the court shall issue letters
of guardianship to the guardian. As provided in ORS 419A.255, a guardian may
disclose letters of guardianship when necessary to fulfill the duties of a
guardian. Letters of guardianship must be in substantially the following form:
______________________________________________________________________________
State of
                                  ) LETTERS OF
     BY THESE LETTERS OF GUARDIANSHIP be
informed:
     That on ______ (month) ___(day), 2___, the
______ Court, ______ County, State of Oregon, appointed ________ (name of guardian)
guardian for ________ (name of ward) and that the named guardian has qualified
and has the authority and duties of guardian for the named ward including legal
custody of the ward, except as provided below.
     IN TESTIMONY WHEREOF, I have subscribed my
name and affixed the seal of the court at my office on ______ (month) ___(day),
2___.
(Seal)
______, Clerk of the Court
By______, Deputy
______________________________________________________________________________
     (2) In the order appointing the guardian,
the court shall require the guardian to file with the court a verified written
report within 30 days after each anniversary of appointment and may:
     (a) Specify the frequency and nature of
visitation or contact between relatives, including siblings, and the ward, if
the court determines that visitation or contact is in the wardÂ’s best
interests;
     (b) Enter an order for child support
pursuant to ORS 419B.400 that complies with ORS 25.275; and
     (c) Make any other order to provide for
the wardÂ’s continuing safety and well-being.
     (3)(a) Upon timely receipt of a report
under subsection (2) of this section, the court shall review the report and
cause the report to become part of the juvenile court file and may:
     (A) Direct the local citizen review board
to conduct a review;
     (B) Subject to the availability of funds,
appoint a court visitor and require the visitor to file a report with the
court; or
     (C) Conduct a court review.
     (b) If the court does not receive a report
under subsection (2) of this section in a timely manner, the court shall:
     (A) Direct the local citizen review board
to conduct a review;
     (B) Subject to the availability of funds,
appoint a court visitor and require the visitor to file a report with the
court; or
     (C) Conduct a court review.
     (4) Except as otherwise limited by the
court, a person appointed guardian has legal custody of the ward and the duties
and authority of legal custodian and guardian under ORS 419B.373 and 419B.376.
A guardian is not liable to third persons for acts of the ward solely by reason
of being appointed guardian. [2003 c.229 §3; 2005 c.84 §1; 2007 c.333 §3]
     419B.368
Review, modification or vacation of guardianship order. (1) The court, on its own motion or upon the
motion of a party and after such hearing as the court may direct, may review,
modify or vacate a guardianship order.
     (2) The court may modify a guardianship
order if the court determines to do so would be in the wardÂ’s best interests.
     (3) The court may vacate a guardianship
order, return the ward to the custody of a parent and make any other order the
court is authorized to make under this chapter if the court determines that:
     (a) It is in the ward’s best interests to
vacate the guardianship;
     (b) The conditions and circumstances
giving rise to the establishment of the guardianship have been ameliorated; and
     (c) The parent is presently able and
willing to adequately care for the ward.
     (4) The court may vacate a guardianship
order after determining that the guardian is no longer willing or able to fulfill
the duties of a guardian. Upon vacating a guardianship order under this
subsection, the court shall conduct a hearing:
     (a) Within 14 days, make written findings
required in ORS 419B.185 (1)(a), (d) and (e) and make any order directing
disposition of the ward that the court is authorized to make under this
chapter; and
     (b) Pursuant to ORS 419B.476 within 90
days.
     (5) In determining whether it is in the
wardÂ’s best interests to modify or vacate a guardianship, the court shall
consider, but is not limited to considering:
     (a) The ward’s emotional and developmental
needs;
     (b) The ward’s need to maintain existing
attachments and relationships and to form attachments and relationships,
including those with the birth family;
     (c) The ward’s health and safety; and
     (d) The ward’s wishes.
     (6) In addition to service required under
ORS 419B.851, a party filing a motion to vacate a guardianship shall serve the
motion upon the Department of Human Services.
     (7) Notwithstanding subsection (1) of this
section, a parent may not move the court to vacate a guardianship once a
guardianship is granted under ORS 419B.365. [2003 c.229 §4; 2007 c.333 §4; 2007
c.806 §7]
     419B.369
Guardianship study; rules.
(1) When a ward is in the legal custody of the Department of Human Services,
the department shall conduct a guardianship study of the proposed guardianÂ’s
home and provide a report to the court regarding the suitability of the
proposed guardian and whether guardianship is in the wardÂ’s best interests. The
department shall adopt rules necessary to carry out the duties imposed by this
subsection.
     (2) When a ward is not in the legal
custody of the department, the court may order the proposed guardian to obtain,
at the proposed guardianÂ’s expense, a guardianship study of the proposed
guardianÂ’s home and provide a report to the court regarding the suitability of
the proposed guardian and whether guardianship is in the wardÂ’s best interests.
[2003 c.229 §5; 2007 c.333 §5]
(Legal Custodian
of Child)
     419B.370
Guardianship as incident of custody. (1) When the court grants legal custody to the Department of Human
Services, it may also grant guardianship of the ward to the department, to
remain in effect solely while the ward remains in the legal custody of the
department.
     (2) When the court grants legal custody to
a private institution or agency or to a suitable person or entity, the court
may grant guardianship of the ward to the private institution or agency to
which the ward is committed or to the suitable person or entity if it appears
necessary to do so in the interests of the ward.
     (3) Unless guardianship is granted as
provided in subsection (1) or (2) of this section, the court as an incident of
its wardship has the duties and authority of the guardian as provided in ORS
419B.376 and 419B.379. [1993 c.33 §114; 1993 c.367 §3; 2003 c.229 §10; 2003
c.396 §64]
     419B.373
Duties and authority of legal custodian. A person, agency or institution having legal custody of a ward has the
following duties and authority:
     (1) To have physical custody and control
of the ward.
     (2) To supply the ward with food,
clothing, shelter and incidental necessaries.
     (3) To provide the ward with care,
education and discipline.
     (4) To authorize ordinary medical, dental,
psychiatric, psychological, hygienic or other remedial care and treatment for
the ward, and, in an emergency where the wardÂ’s safety appears urgently to
require it, to authorize surgery or other extraordinary care.
     (5) To make such reports and to supply
such information to the court as the court may from time to time require.
     (6) To apply for any Social Security
benefits or public assistance to which the ward is otherwise entitled and to
use the benefits or assistance to pay for the care of the ward. [1993 c.33 §115;
1993 c.367 §1; 2003 c.396 §65]
(Guardian)
     419B.376
Duties and authority of guardian. A person, agency or institution having guardianship of a ward by
reason of appointment by the court has the duties and authority of a guardian
of the ward, including but not limited to the following:
     (1) To authorize surgery for the ward, but
this authority does not prevent the person having legal custody of the ward
from acting under ORS 419B.373 (4).
     (2) To authorize the ward to enlist in the
Armed Forces of the
     (3) To consent to the ward’s marriage.
     (4) When the ward has been committed under
ORS 419B.527, to consent to the adoption of the ward.
     (5) To make other decisions concerning the
ward of substantial legal significance.
     (6) To make such reports and to supply such
information to the court as the court may from time to time require. [1993 c.33
§116; 2003 c.396 §66]
     419B.379
Guardian is not conservator.
A person appointed guardian of the ward by the court is guardian only and not a
conservator of the estate of the ward, unless that person is appointed
conservator of the wardÂ’s estate in a protective proceeding as provided in ORS
chapter 125. [1993 c.33 §117; 1995 c.664 §94; 2003 c.396 §67]
(Authority Over
Parents)
     419B.385
Parent or guardian as party.
A parent or legal guardian of a ward, if such parent or guardian was served
with summons under ORS 419B.812 to 419B.839 prior to the adjudication, is
subject to the jurisdiction of the court for purposes of this section. The
court may order the parent or guardian to assist the court in any reasonable
manner in providing appropriate education or counseling for the ward. [1993
c.33 §118; 2001 c.622 §49; 2003 c.396 §68]
     419B.387
Parent participation in treatment or training. If the court finds in an evidentiary hearing
that treatment or training is needed by a parent to correct the circumstances
that resulted in wardship or to prepare the parent to resume the care of the
ward, the court may order the parent to participate in the treatment or
training if the participation is in the ward’s best interests. [1993 c.546 §55
(enacted in lieu of 1993 c.33 §§119 and 120); 2003 c.396 §69]
     419B.389
Inability of parent to comply with order of court. A parent who believes or claims that
financial, health or other problems will prevent or delay the parentÂ’s
compliance with an order of the court must inform the court of the relevant
circumstances as soon as reasonably possible and, if appropriate, seek relief
from the order under ORS 419B.923. [2001 c.360 §3; 2003 c.315 §1]
(Paternity)
     419B.395
Judgment of paternity or nonpaternity. (1) If in any proceeding under ORS 419B.100 or 419B.500 the juvenile
court determines that the child or ward has no legal father or that paternity
is disputed as allowed in ORS 109.070, the court may enter a judgment of
paternity or a judgment of nonpaternity in compliance with the provisions of
ORS 109.070, 109.124 to 109.230, 109.250 to 109.262 and 109.326.
     (2) Before entering a judgment under
subsection (1) of this section, the court must find that adequate notice and an
opportunity to be heard was provided to:
     (a) The parties to the proceeding;
     (b) The man alleged or claiming to be the
child or wardÂ’s father; and
     (c) The Administrator of the Division of
Child Support of the Department of Justice or the branch office providing
support services to the county in which the court is located.
     (3) When appropriate, the court shall
inform a man before the court claiming to be the father of a child or ward that
paternity establishment services may be available through the administrator if
the child or ward:
     (a) Is a child born out of wedlock;
     (b) Has not been placed for adoption; and
     (c) Has no legal father.
     (4) As used in this section:
     (a) “Administrator” has the meaning given
that term in ORS 25.010.
     (b) “Child born out of wedlock” has the
meaning given that term in ORS 109.124.
     (c) “Legal father” has the meaning given
that term in ORS 419A.004 (16). [2005 c.160 §8]
(Support)
     419B.400
Authority to order support; collection. (1) The court may, after a hearing on the matter, require the parents
or other person legally obligated to support a child alleged to be within the
jurisdiction of the court under ORS 419B.100 or a ward to pay toward the child
or wardÂ’s support such amounts at such intervals as the court may direct, even
though the child or ward is over 18 years of age as long as the child or ward
is a child attending school, as defined in ORS 107.108.
     (2) At least 21 days before the hearing,
the court shall notify the Administrator of the Division of Child Support of
the Department of Justice, or the branch office providing support services to
the county where the hearing will be held, of the hearing. Before the hearing
the administrator shall inform the court, to the extent known:
     (a) Whether there is pending in this state
or any other jurisdiction any type of support proceeding involving the child or
ward, including a proceeding brought under ORS 25.287, 107.085, 107.135,
107.431, 108.110, 109.100, 109.103, 109.165, 125.025, 416.400 to 416.465 or
419C.590 or ORS chapter 110; and
     (b) Whether there exists in this state or
any other jurisdiction a support order, as defined in ORS 110.303, involving
the child or ward.
     (3) The Judicial Department and the
Department of Justice may enter into an agreement regarding how the courts give
the notice required under subsection (2) of this section to the Department of
Justice and how the Department of Justice gives the information described in
subsection (2)(a) and (b) to the courts.
     (4) The court, in determining the amount
to be paid, shall use the scale and formula provided for in ORS 25.275 and
25.280. Unless otherwise ordered, the amounts so required to be paid shall be
paid to the Department of Justice or the county clerk, whichever is appropriate,
for transmission to the person, institution or agency having legal custody of
the child or ward. [1993 c.33 §121; 1997 c.704 §§46,60; 2003 c.116 §16; 2003
c.396 §70a]
     419B.402
Support order is judgment.
Any order for support entered pursuant to ORS 419B.400 shall be entered as a
judgment and the court does not have the power to set aside, alter or modify
the judgment, or any portion thereof, which provides for any payment of money,
either for minor children or the support of a party, which has accrued prior to
the filing of a motion to set aside, alter or modify the judgment. [1993 c.33 §122;
2003 c.576 §252]
     419B.404
Support for child or ward in state financed or supported institution. Any order for support entered pursuant to
ORS 419B.400 for a child or ward in the care and custody of the Department of
Human Services may be made contingent upon the child or ward residing in a
state financed or supported residence, shelter or other facility or
institution. A certificate signed by the Director of Human Services, the
Administrator of the Division of Child Support or the administratorÂ’s
authorized representative shall be sufficient to establish such periods of
residence and to satisfy the order for periods of nonresidence. [1993 c.33 §123;
2003 c.396 §71]
     419B.406
Assignment of support order to state. When a child or ward is in the legal custody of the Department of
Human Services and the child or ward is the beneficiary of an order of support
in a judgment of dissolution or other order and the department is required to
provide financial assistance for the care and support of the child or ward, the
state is assignee of and subrogated to the child or wardÂ’s proportionate share
of the support obligation including sums that have accrued whether or not the
support order or judgment provides for separate monthly amounts for the support
of each of two or more children or wards or a single monthly gross payment for
the benefit of two or more children or wards, up to the amount of assistance
provided by the department. The assignment shall be as provided in ORS 412.024.
[1993 c.33 §124; 1999 c.80 §76; 2003 c.73 §67; 2003 c.396 §72; 2003 c.572 §18;
2003 c.576 §448]
     419B.408
Enforcement of support order.
(1) An order of support entered pursuant to ORS 419B.400 may be enforced by
execution or in the manner provided by law for the enforcement of a judgment
granting an equitable remedy or by an order to withhold pursuant to ORS 25.372
to 25.427.
     (2) No property of the child or ward’s
parents, or either of them, or other person legally obligated to support the
child or ward is exempt from levy and sale or other process to enforce
collection of the amounts ordered by the court to be paid toward the support of
the child or ward. [1993 c.33 §125; 1993 c.798 §31; 2003 c.396 §73]
     419B.420 [1993 c.33 §126; repealed by 2001 c.622 §57]
     419B.423 [1993 c.33 §127; 1993 c.546 §125; repealed
by 2001 c.622 §57]
     419B.426 [1993 c.33 §128; repealed by 2001 c.622 §57]
(Reports by
Guardians and Custodians)
     419B.440
Circumstances requiring reports. Any public or private agency having guardianship or legal custody of a
child or ward pursuant to court order shall file reports on the child or ward
with the juvenile court that entered the original order concerning the child or
ward or, when no such order exists, with the juvenile court of the county of
the child or wardÂ’s residence in the following circumstances:
     (1) When the child or ward has been placed
with the agency as a result of a court order and prior to, or as soon as
practicable after the agency places the child or ward in any placement
including, but not limited to, the child or wardÂ’s home, shelter care,
substitute care or a child care center, unless the court has previously
received a report or treatment plan indicating the actual physical placement of
the child or ward.
     (2)(a) When the child or ward has been
placed with the agency as the result of a court order and remains under agency
care for six consecutive months from date of initial placement;
     (b) When the child or ward has been
surrendered for adoption or the parentsÂ’ rights have been terminated and the
agency has not physically placed the child or ward for adoption or initiated
adoption proceedings within six months of receiving the child or ward; and
     (c) When the ward is in the legal custody
of the Department of Human Services as provided in ORS 419B.337, but the ward
has been placed for a period of six consecutive months in the physical custody
of a parent or a person who was appointed the wardÂ’s legal guardian prior to
placement of the ward in the legal custody of the department. [1993 c.33 §129;
2003 c.396 §74; 2007 c.610 §1]
     Note: Section 5, chapter 610, Oregon Laws 2007,
provides:
     Sec.
5. The amendments to ORS
419B.440, 419B.443, 419B.446 and 419B.449 by sections 1 to 4 of this 2007 Act
apply to wards of the state placed in the legal custody of the Department of
Human Services on or after the effective date of this 2007 Act [January 1,
2008]. [2007 c.610 §5]
     419B.443
Time and content of reports.
(1) An agency described in ORS 419B.440 shall file the reports required by ORS
419B.440 (2) at the end of the initial six-month period and no less frequently
than each six months thereafter. The agency shall file reports more frequently
if the court so orders. The reports shall include, but not be limited to:
     (a) A description of the problems or
offenses that necessitated the placement of the child or ward with the agency;
     (b) A description of the type and an
analysis of the effectiveness of the care, treatment and supervision that the
agency has provided for the child or ward;
     (c) A list of all placements made since
the child or ward has been in the guardianship or legal custody of an agency
and the length of time the child or ward has spent in each placement;
     (d) For a child or ward in substitute
care, a list of all schools the child or ward has attended since the child or
ward has been in the guardianship or legal custody of the agency, the length of
time the child or ward has spent in each school and, for a child or ward 14
years of age or older, the number of high school credits the child or ward has
earned;
     (e) A list of dates of face-to-face
contacts the assigned case worker has had with the child or ward since the
child or ward has been in the guardianship or legal custody of the agency and,
for a child or ward in substitute care, the place of each contact;
     (f) For a child or ward in substitute
care, a list of the visits the child or ward has had with the childÂ’s or wardÂ’s
parents or siblings since the child or ward has been in the guardianship or
legal custody of the agency and the place and date of each visit;
     (g) A description of agency efforts to
return the child or ward to the parental home or find permanent placement for
the child or ward, including, when applicable, efforts to assist the parents in
remedying factors which contributed to the removal of the child or ward from
the home;
     (h) A proposed treatment plan or proposed
continuation or modification of an existing treatment plan, including a
proposed visitation plan or proposed continuation or modification of an
existing visitation plan and a description of efforts expected of the child or
ward and the parents to remedy factors that have prevented the child or ward
from safely returning home within a reasonable time;
     (i) If continued substitute care is
recommended, a proposed timetable for the childÂ’s or wardÂ’s return home or
other permanent placement or a justification of why extended substitute care is
necessary; and
     (j) If the child or ward has been placed
in foster care outside the state, whether the child or ward has been visited
not less frequently than every six months by a state or private agency.
     (2) In addition to the information
required in a report made under subsection (1) of this section, for a ward who
is in the legal custody of the Department of Human Services pursuant to ORS
419B.337 but who will be or recently has been placed in the physical custody of
a parent or a person who was appointed the wardÂ’s legal guardian prior to
placement of the ward in the legal custody of the department, a report required
under ORS 419B.440 (1) shall include:
     (a) A recommended timetable for dismissal
of the departmentÂ’s legal custody of the ward and termination of the wardship;
and
     (b) A description of the services that the
department will provide to the ward and the wardÂ’s physical custodian to
eliminate the need for the department to continue legal custody.
     (3) In addition to the information
required in a report made under subsection (1) of this section, if the report
is made by the department under ORS 419B.440 (2)(c), the report shall include:
     (a) A recommended timetable for dismissal
of the departmentÂ’s legal custody of the ward and termination of the wardship;
and
     (b) A description of the services that the
department has provided to the ward and the wardÂ’s physical custodian to
eliminate the need for the department to continue legal custody.
     (4) Notwithstanding the requirements of
subsection (1) of this section, reports need not contain information contained
in prior reports. [1993 c.33 §130; 2001 c.686 §22; 2003 c.396 §75; 2007 c.610 §2;
2007 c.611 §6; 2007 c.806 §8]
     Note: See note under 419B.440.
     419B.446
Filing report. (1)
Notwithstanding the requirements under ORS 419B.440 that reports be filed with
the court, any report after the initial report that is required by ORS 419B.443
on a child or ward whose case is being regularly reviewed by a local citizen
review board shall be filed with that local citizen review board rather than
the court.
     (2) Notwithstanding subsection (1) of this
section, all reports made under ORS 419B.440 (2)(c) on wards in the legal
custody of the Department of Human Services shall be filed with the court. [1993
c.33 §131; 2003 c.396 §76; 2007 c.610 §3]
     Note: See note under 419B.440.
     419B.449
Review hearing by court; findings. (1) Upon receiving any report required by ORS 419B.440, the court may
hold a hearing to review the child or wardÂ’s condition and circumstances and to
determine if the court should continue jurisdiction and wardship or order
modifications in the care, placement and supervision of the child or ward. The
court shall hold a hearing:
     (a) In all cases under ORS 419B.440 (2)(b)
when the parentsÂ’ rights have been terminated;
     (b) If requested by the child or ward, the
attorney for the child or ward, if any, the parents or the public or private
agency having guardianship or legal custody of the child or ward within 30 days
of receipt of the notice provided in ORS 419B.452;
     (c) Not later than six months after
receipt of a report made under ORS 419B.440 (1) on a ward who is in the legal
custody of the Department of Human Services pursuant to ORS 419B.337 but who is
placed in the physical custody of a parent or a person who was appointed the
wardÂ’s legal guardian prior to placement of the ward in the legal custody of
the department; or
     (d) Within 30 days after receipt of a
report made under ORS 419B.440 (2)(c).
     (2) The court shall conduct a hearing
provided in subsection (1) of this section in the manner provided in ORS
419B.310, except that the court may receive testimony and reports as provided
in ORS 419B.325. At the conclusion of the hearing, the court shall enter
findings of fact.
     (3) If the child or ward is in substitute
care and the decision of the court is to continue the child or ward in
substitute care, the findings of the court shall specifically state:
     (a)(A) Why continued care is necessary as
opposed to returning the child or ward home or taking prompt action to secure
another permanent placement; and
     (B) The expected timetable for return or
other permanent placement.
     (b) Whether the agency having guardianship
or legal custody of the child or ward has made diligent efforts to place the
child or ward pursuant to ORS 419B.192.
     (c) The number of placements made, schools
attended, face-to-face contacts with the assigned case worker and visits had
with parents or siblings since the child or ward has been in the guardianship
or legal custody of the agency and whether the frequency of each of these is in
the best interests of the child or ward.
     (d) For a child or ward 14 years of age or
older, whether the child or ward is progressing adequately toward graduation
from high school and, if not, the efforts that have been made by the agency
having custody or guardianship to assist the child or ward to graduate.
     (4) If the ward is in the legal custody of
the department but has been placed in the physical custody of the parent or a
person who was appointed the wardÂ’s legal guardian prior to placement of the
ward in the legal custody of the department, and the decision is to continue
the ward in the legal custody of the department and the physical custody of the
parent or guardian, the findings of the court shall specifically state:
     (a) Why it is necessary and in the best
interests of the ward to continue the ward in the legal custody of the
department; and
     (b) The expected timetable for dismissal
of the departmentÂ’s legal custody of the ward and termination of the wardship.
     (5) In making the findings under
subsection (2) of this section, the court shall consider the efforts made to
develop the concurrent case plan, including, but not limited to, identification
of appropriate permanent placement options for the child or ward both inside
and outside this state and, if adoption is the concurrent case plan,
identification and selection of a suitable adoptive placement for the child or
ward.
     (6) In addition to findings of fact
required by subsection (2) of this section, the court may order the Department
of Human Services to consider additional information in developing the case
plan or concurrent case plan.
     (7) Any final decision of the court made
pursuant to the hearing provided in subsection (1) of this section is
appealable under ORS 419A.200. [1993 c.33 §132; 1999 c.568 §1; 2001 c.480 §8;
2001 c.910 §4; 2003 c.396 §77; 2007 c.610 §4; 2007 c.611 §7; 2007 c.806 §9]
     Note: See note under 419B.440.
     419B.452
Distribution of report by court. Except when a child or ward has been surrendered for adoption or the
parentsÂ’ rights have been terminated, the court shall send a copy of the report
required by ORS 419B.440 to the parents and shall notify the parents either
that a hearing will be held or that the parents may request a hearing at which
time they may ask for modifications in the care, treatment and supervision of
the child or ward. If the court finds that informing the parents of the
identity and location of the foster parents of the child or ward is not in the
best interest of the child or ward, the court may order such information
deleted from the report before sending the report to the parents. If an Indian
child is involved, the court shall send a copy of the report to the Indian
childÂ’s tribe as required by the notice requirements of the Indian Child Welfare
Act. [1993 c.33 §133; 1993 c.546 §126; 2003 c.396 §78]
(Child Surrendered
for Adoption)
     419B.460
AgencyÂ’s responsibility.
Where a child has been surrendered for adoption and the agency has not
physically placed the child for adoption or initiated adoption proceedings
within six months of receiving the child, the agency shall file a petition
alleging that the child comes within the jurisdiction of the court. [1993 c.33 §134]
(Permanency
Hearing)
     419B.470
Permanency hearing; schedule.
(1) The court shall conduct a permanency hearing within 30 days after a
judicial finding is made under ORS 419B.340 (5) if, based upon that judicial
finding, the Department of Human Services determines that it will not make
reasonable efforts to reunify the family.
     (2) In all other cases when a child or
ward is in substitute care, the court shall conduct a permanency hearing no
later than 12 months after the ward was found within the jurisdiction of the
court under ORS 419B.100 or 14 months after the child or ward was placed in
substitute care, whichever is the earlier.
     (3) If a ward is removed from court
sanctioned permanent foster care, the department shall request and the court
shall conduct a permanency hearing within three months after the date of the
change in placement.
     (4) If a ward has been surrendered for
adoption or the parentsÂ’ rights have been terminated and the department has not
physically placed the ward for adoption or initiated adoption proceedings
within six months after the surrender or entry of an order terminating parental
rights, the court shall conduct a permanency hearing within 30 days after
receipt of the report required by ORS 419B.440 (2)(b).
     (5) Unless good cause otherwise is shown,
the court shall also conduct a permanency hearing at any time upon the request
of the department, an agency directly responsible for care or placement of the
child or ward, parents whose parental rights have not been terminated, an
attorney for the child or ward, a court appointed special advocate, a citizen review
board, a tribal court or upon its own motion. The court shall schedule the
hearing as soon as possible after receiving a request.
     (6) After the initial permanency hearing
conducted under subsection (1) or (2) of this section or any permanency hearing
conducted under subsection (3) to (5) of this section, the court shall conduct
subsequent permanency hearings not less frequently than once every 12 months
for as long as the child or ward remains in substitute care.
     (7) After the permanency hearing conducted
under subsection (4) of this section, the court shall conduct subsequent
permanency hearings at least every six months for as long as the ward is not
physically placed for adoption or adoption proceedings have not been initiated.
     (8) If a child returns to substitute care
after a courtÂ’s previously established jurisdiction over the child has been
dismissed or terminated, a permanency hearing shall be conducted no later than
12 months after the child is found within the jurisdiction of the court on a newly
filed petition or 14 months after the childÂ’s most recent placement in
substitute care, whichever is the earlier. [1993 c.33 §135; 1993 c.546 §127;
1999 c.859 §14; 2001 c.686 §7; 2003 c.396 §79; 2007 c.806 §10]
     419B.473
Notice; appearance. (1) The court
may order that the child or ward or any other person be present during the
hearing.
     (2) The court shall notify the parties
listed in ORS 419B.470 and any other interested parties of the hearing. The
notice shall state the time and place of the hearing. Upon request of the
court, the Department of Human Services or other legal custodian of the child
or ward shall provide the court with information concerning the whereabouts and
identity of such parties. [1993 c.33 §136; 2003 c.396 §80]
     419B.476
Conduct of hearing; court determinations; orders. (1) A permanency hearing shall be conducted
in the manner provided in ORS 418.312, 419B.310, 419B.812 to 419B.839 and
419B.908, except that the court may receive testimony and reports as provided
in ORS 419B.325.
     (2) At a permanency hearing the court
shall:
     (a) If the case plan at the time of the
hearing is to reunify the family, determine whether the Department of Human
Services has made reasonable efforts or, if the Indian Child Welfare Act
applies, active efforts to make it possible for the ward to safely return home
and whether the parent has made sufficient progress to make it possible for the
ward to safely return home. In making its determination, the court shall
consider the wardÂ’s health and safety the paramount concerns.
     (b) If the case plan at the time of the
hearing is something other than to reunify the family, determine whether the
department has made reasonable efforts to place the ward in a timely manner in
accordance with the plan, including, if appropriate, reasonable efforts to
place the ward through an interstate placement, and to complete the steps
necessary to finalize the permanent placement.
     (c) If the case plan at the time of the
hearing is something other than to reunify the family, determine whether the
department has considered permanent placement options for the ward, including,
if appropriate, whether the department has considered both permanent in-state
placement options and permanent interstate placement options for the ward.
     (d) Make the findings of fact under ORS
419B.449 (2).
     (3)(a) In the circumstances described in
paragraph (b) of this subsection, in addition to making the determination
required by subsection (2)(a) or (b) of this section, at a permanency hearing
the court shall review the comprehensive plan for the wardÂ’s transition to
independent living and determine and make findings as to:
     (A) Whether the plan is adequate to ensure
the wardÂ’s successful transition to independent living;
     (B) Whether the department has offered
appropriate services pursuant to the plan; and
     (C) Whether the department has involved
the ward in the development of the plan.
     (b) The requirements of paragraph (a) of
this subsection apply when:
     (A) The ward is 16 years of age or older;
or
     (B) The ward is 14 years of age or older
and there is a comprehensive plan for the wardÂ’s transition to independent
living.
     (4) At a permanency hearing the court may:
     (a) If the case plan changed during the
period since the last review by a local citizen review board or court hearing
and a plan to reunify the family was in effect for any part of that period,
determine whether the department has made reasonable efforts or, if the Indian
Child Welfare Act applies, active efforts to make it possible for the ward to
safely return home. In making its determination, the court shall consider the
wardÂ’s health and safety the paramount concerns;
     (b) If the case plan changed during the
period since the last review by a local citizen review board or court hearing
and a plan other than to reunify the family was in effect for any part of that
period, determine whether the department has made reasonable efforts to place
the ward in a timely manner in accordance with the plan, including, if
appropriate, placement of the ward through an interstate placement, and to
complete the steps necessary to finalize the permanent placement;
     (c) If the court determines that further
efforts will make it possible for the ward to safely return home within a
reasonable time, order that the parents participate in specific services for a
specific period of time and make specific progress within that period of time;
     (d) Determine the adequacy and compliance
with the case plan and the case progress report;
     (e) Review the efforts made by the department
to develop the concurrent permanent plan, including but not limited to
identification of appropriate permanent in-state placement options and
appropriate permanent interstate placement options and, if adoption is the
concurrent case plan, identification and selection of a suitable adoptive
placement for the ward;
     (f) Order the department to develop or
expand the case plan or concurrent permanent plan and provide a case progress
report to the court and other parties within 10 days after the permanency
hearing;
     (g) Order the department or agency to
modify the care, placement and supervision of the ward;
     (h) Order the local citizen review board
to review the status of the ward prior to the next court hearing; or
     (i) Set another court hearing at a later
date.
     (5) The court shall enter an order within
20 days after the permanency hearing. In addition to any determinations or
orders the court may make under subsection (4) of this section, the order shall
include:
     (a) The court’s determination required
under subsections (2) and (3) of this section, including a brief description of
the efforts the department has made with regard to the case plan in effect at
the time of the permanency hearing;
     (b) The court’s determination of the
permanency plan for the ward that includes whether and, if applicable, when:
     (A) The ward will be returned to the
parent;
     (B) The ward will be placed for adoption,
and a petition for termination of parental rights will be filed;
     (C) The ward will be referred for
establishment of legal guardianship; or
     (D) The ward will be placed in another
planned permanent living arrangement;
     (c) If the court determines that the
permanency plan for the ward should be to return home because further efforts
will make it possible for the ward to safely return home within a reasonable
time, the courtÂ’s determination of the services in which the parents are
required to participate, the progress the parents are required to make and the
period of time within which the specified progress must be made;
     (d) If the court determines that the
permanency plan for the ward should be adoption, the courtÂ’s determination of
whether one of the circumstances in ORS 419B.498 (2) is applicable;
     (e) If the court determines that the
permanency plan for the ward should be establishment of a legal guardianship or
placement with a fit and willing relative, the courtÂ’s determination of why
neither placement with parents nor adoption is appropriate;
     (f) If the court determines that the
permanency plan for the ward should be a planned permanent living arrangement,
the courtÂ’s determination of a compelling reason, that must be documented by
the department, why it would not be in the best interests of the ward to be
returned home, placed for adoption, placed with a legal guardian or placed with
a fit and willing relative;
     (g) If the current placement is not
expected to be permanent, the courtÂ’s projected timetable for return home or
for placement in another planned permanent living arrangement. If the timetable
set forth by the court is not met, the department shall promptly notify the
court and parties;
     (h) If an Indian child is involved, the
tribal affiliation of the ward; and
     (i) If the ward has been placed in an
interstate placement, the courtÂ’s determination of whether the interstate
placement continues to be appropriate and in the best interests of the ward.
     (6) If an Indian child is involved, the
court shall follow the placement preference established by the Indian Child
Welfare Act.
     (7) Any final decision of the court made
pursuant to the permanency hearing is appealable under ORS 419A.200. On appeal
of a final decision of the court under this subsection, the courtÂ’s finding, if
any, under ORS 419B.340 (5) that the department is not required to make
reasonable efforts to make it possible for the ward to safely return home is an
interlocutory order to which a party may assign error. [1993 c.33 §137; 1993
c.546 §128; 1999 c.568 §2; 1999 c.859 §15; 2001 c.480 §9; 2001 c.622 §50; 2001
c.686 §16; 2001 c.910 §5; 2003 c.396 §81; 2003 c.544 §1a; 2007 c.611 §8; 2007
c.806 §11]
(Termination of
Parental Rights)
     419B.498
Termination of parental rights; petition by Department of Human Services; when
required. (1) Except as
provided in subsection (2) of this section, the Department of Human Services
shall simultaneously file a petition to terminate the parental rights of a
child or wardÂ’s parents and identify, recruit, process and approve a qualified
family for adoption if the child or ward is in the custody of the department and:
     (a) The child or ward has been in
substitute care under the responsibility of the department for 15 months of the
most recent 22 months;
     (b) A parent has been convicted of murder
of another child of the parent, voluntary manslaughter of another child of the
parent, aiding, abetting, attempting, conspiring or soliciting to commit murder
or voluntary manslaughter of the child or ward or of another child of the
parent or felony assault that has resulted in serious physical injury to the
child or ward or to another child of the parent; or
     (c) A court of competent jurisdiction has
determined that the child or ward is an abandoned child.
     (2) The department shall file a petition
to terminate the parental rights of a parent in the circumstances described in subsection
(1) of this section unless:
     (a) The child or ward is being cared for
by a relative and that placement is intended to be permanent;
     (b) There is a compelling reason, which is
documented in the case plan, for determining that filing such a petition would
not be in the best interests of the child or ward. Such compelling reasons
include, but are not limited to:
     (A) The parent is successfully
participating in services that will make it possible for the child or ward to
safely return home within a reasonable time as provided in ORS 419B.476 (5)(c);
     (B) Another permanent plan is better
suited to meet the health and safety needs of the child or ward, including the
need to preserve the childÂ’s or wardÂ’s sibling attachments and relationships;
or
     (C) The court or local citizen review
board in a prior hearing or review determined that while the case plan was to
reunify the family the department did not make reasonable efforts or, if the
Indian Child Welfare Act applies, active efforts to make it possible for the
child or ward to safely return home; or
     (c) The department has not provided to the
family of the child or ward, consistent with the time period in the case plan,
such services as the department deems necessary for the child or ward to safely
return home, if reasonable efforts to make it possible for the child or ward to
safely return home are required to be made with respect to the child or ward.
     (3) No petition to terminate the parental
rights of a child or wardÂ’s parents pursuant to subsection (1) of this section
or pursuant to ORS 419B.500, 419B.502, 419B.504, 419B.506 or 419B.508 may be
filed until the court has determined that the permanency plan for the child or
ward should be adoption after a permanency hearing pursuant to ORS 419B.476. [1999
c.859 §21; 2001 c.686 §17; 2003 c.396 §82; 2003 c.544 §2; 2007 c.234 §1; 2007
c.806 §12]
     419B.500
Termination of parental rights generally. The parental rights of the parents of a ward may be terminated as
provided in this section and ORS 419B.502 to 419B.524, only upon a petition
filed by the state or the ward for the purpose of freeing the ward for adoption
if the court finds it is in the best interest of the ward. If an Indian child
is involved, the termination of parental rights must be in compliance with the
Indian Child Welfare Act. The rights of one parent may be terminated without
affecting the rights of the other parent. [1993 c.33 §138; 1993 c.546 §56; 1997
c.873 §6; 2003 c.396 §83]
     419B.502
Termination upon finding of extreme conduct. The rights of the parent or parents may be terminated as provided in
ORS 419B.500 if the court finds that the parent or parents are unfit by reason
of a single or recurrent incident of extreme conduct toward any child. In such
case, no efforts need to be made by available social agencies to help the
parent adjust the conduct in order to make it possible for the child or ward to
safely return home within a reasonable amount of time. In determining extreme
conduct, the court shall consider the following:
     (1) Rape, sodomy or sex abuse of any child
by the parent.
     (2) Intentional starvation or torture of
any child by the parent.
     (3) Abuse or neglect by the parent of any
child resulting in death or serious physical injury.
     (4) Conduct by the parent to aid or abet another
person who, by abuse or neglect, caused the death of any child.
     (5) Conduct by the parent to attempt,
solicit or conspire, as described in ORS 161.405, 161.435 or 161.450 or under
comparable laws of any jurisdiction, to cause the death of any child.
     (6) Previous involuntary terminations of
the parentÂ’s rights to another child if the conditions giving rise to the
previous action have not been ameliorated.
     (7) Conduct by the parent that knowingly
exposes any child of the parent to the storage or production of
methamphetamines from precursors. In determining whether extreme conduct exists
under this subsection, the court shall consider the extent of the child or wardÂ’s
exposure and the potential harm to the physical health of the child or ward. [1993
c.33 §139; 1995 c.767 §1; 1997 c.873 §5; 1999 c.859 §16; 2001 c.575 §1; 2001
c.686 §23; 2003 c.396 §84]
     419B.504
Termination upon finding of unfitness. The rights of the parent or parents may be terminated as provided in
ORS 419B.500 if the court finds that the parent or parents are unfit by reason
of conduct or condition seriously detrimental to the child or ward and
integration of the child or ward into the home of the parent or parents is
improbable within a reasonable time due to conduct or conditions not likely to
change. In determining such conduct and conditions, the court shall consider
but is not limited to the following:
     (1) Emotional illness, mental illness or
mental retardation of the parent of such nature and duration as to render the
parent incapable of providing proper care for the child or ward for extended
periods of time.
     (2) Conduct toward any child of an
abusive, cruel or sexual nature.
     (3) Addictive or habitual use of
intoxicating liquors or controlled substances to the extent that parental
ability has been substantially impaired.
     (4) Physical neglect of the child or ward.
     (5) Lack of effort of the parent to adjust
the circumstances of the parent, conduct, or conditions to make it possible for
the child or ward to safely return home within a reasonable time or failure of
the parent to effect a lasting adjustment after reasonable efforts by available
social agencies for such extended duration of time that it appears reasonable
that no lasting adjustment can be effected.
     (6) Criminal conduct that impairs the
parent’s ability to provide adequate care for the child or ward. [1993 c.33 §140;
1997 c.873 §7; 2001 c.686 §24; 2003 c.396 §85; 2007 c.70 §199]
     419B.506
Termination upon finding of neglect. The rights of the parent or parents may be terminated as provided in
ORS 419B.500 if the court finds that the parent or parents have failed or
neglected without reasonable and lawful cause to provide for the basic physical
and psychological needs of the child or ward for six months prior to the filing
of a petition. In determining such failure or neglect, the court shall
disregard any incidental or minimal expressions of concern or support and shall
consider but is not limited to one or more of the following:
     (1) Failure to provide care or pay a
reasonable portion of substitute physical care and maintenance if custody is
lodged with others.
     (2) Failure to maintain regular visitation
or other contact with the child or ward that was designed and implemented in a
plan to reunite the child or ward with the parent.
     (3) Failure to contact or communicate with
the child or ward or with the custodian of the child or ward. In making this
determination, the court may disregard incidental visitations, communications
or contributions. [1993 c.33 §141; 1997 c.873 §8; 2003 c.396 §86]
     419B.508
Termination upon finding of abandonment. The rights of the parent or parents may be terminated as provided in
ORS 419B.500 if the court finds that the parent or parents have abandoned the
child or ward or the child or ward was left under circumstances such that the
identity of the parent or parents of the child or ward was unknown and could
not be ascertained, despite diligent searching, and the parent or parents have
not come forward to claim the child or ward within three months following the
finding of the child or ward. [1993 c.33 §142; 2003 c.396 §87]
     419B.515 [1993 c.33 §143; 1993 c.546 §57; repealed by
2001 c.622 §57]
     419B.517
Mediation to be encouraged.
The use of mediation shall be encouraged in cases involving:
     (1) A parent or guardian in a juvenile
dependency proceeding in which the child is taken into protective custody or
placed in substitute care; or
     (2) The termination of parental rights. [1995
c.767 §4; 2005 c.656 §1]
     Note: 419B.517 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.
     419B.518
Appointment of counsel for parents. (1) If the parents are determined to be financially eligible, and
request the assistance of appointed counsel, the court shall appoint an
attorney to represent them at state expense. Appointment of counsel under this
section is subject to ORS 135.055, 151.216 and 151.219.
     (2) The court may not substitute one
appointed counsel for another except pursuant to the policies, procedures,
standards and guidelines adopted under ORS 151.216. [1993 c.33 §144; 2001 c.962
§55; 2005 c.449 §4]
     419B.521
Conduct of termination hearing.
(1) The court shall hold a hearing on the question of terminating the rights of
the parent or parents. The court may not hold the hearing any earlier than 10
days after service or final publication of the summons. The facts on the basis
of which the rights of the parents are terminated, unless admitted, must be
established by clear and convincing evidence and a stenographic or other report
authorized by ORS 8.340 shall be taken of the hearing.
     (2) Not earlier than provided in
subsection (1) of this section and not later than six months from the date on
which summons for the petition to terminate parental rights is served, the
court before which the petition is pending shall hold a hearing on the petition
except for good cause shown. When determining whether or not to grant a continuance
for good cause, the judge shall take into consideration the age of the child or
ward and the potential adverse effect delay may have on the child or ward. The
court shall make written findings when granting a continuance.
     (3) The court, on its own motion or upon
the motion of a party, may take testimony from any child appearing as a witness
and may exclude the childÂ’s parents and other persons if the court finds such
action would be likely to be in the best interests of the child. However, the
court may not exclude the attorney for each party and any testimony taken under
this subsection shall be recorded.
     (4) Notwithstanding subsection (1) of this
section, if an Indian child is involved, termination of parental rights must be
supported by evidence beyond a reasonable doubt, including testimony of
qualified expert witnesses, that continued custody of the child is likely to
result in serious emotional or physical harm to the child. [1993 c.33 §145;
1993 c.546 §58; 1995 c.767 §2; 1997 c.873 §9; 2003 c.396 §88]
     419B.524
Effect of termination order.
Unless there is an appeal from the order terminating the rights of the parent
or parents, the order permanently terminates all rights of the parent or
parents whose rights are terminated and the parent or parents have no standing
to appear as such in any legal proceeding concerning the ward. [1993 c.33 §146;
2003 c.396 §89]
     419B.527
Disposition of ward after termination. (1) After the entry of an order terminating the rights of the parent
or parents of the ward, the court may:
     (a) Place the ward in the legal custody
and guardianship of a public or private institution or agency authorized to
consent in loco parentis to the adoption of children. An order pursuant to this
paragraph is a “permanent commitment” for the purposes of ORS 109.305, 109.309,
109.312 to 109.330 and 109.350 to 109.390; or
     (b) Make any order directing disposition
of the ward that it is empowered to make under this chapter.
     (2) If the rights of only one parent have
been terminated, the authority to consent to the adoption of the ward as
provided in subsection (1)(a) of this section is effective only with respect to
the parent whose rights have been terminated. [1993 c.33 §147; 2003 c.396 §90]
     419B.529
Adoption after permanent commitment or surrender; procedure; certain fees
prohibited. (1)
Notwithstanding ORS 109.309, a prospective adoptive parent is not required to
file a petition for adoption when:
     (a) A juvenile court that is a circuit
court has entered an order of permanent commitment of a ward to the Department
of Human Services under ORS 419B.527 or the parent has signed and the
department has accepted a release and surrender to the department and a
certificate of irrevocability and waiver as provided in ORS 418.270 regarding a
child;
     (b) The department has completed a home
study as defined in ORS 109.304 that finds the prospective parent is suitable
to adopt the child or ward and the department consents to the adoption of the
child or ward by the prospective parent;
     (c) A home study and a placement report
requesting the juvenile court to enter a judgment of adoption have been filed
in the juvenile court proceeding; and
     (d) At the time the placement report is
filed under paragraph (c) of this subsection, the prospective adoptive parent
files the adoption report form required under ORS 109.400.
     (2) Notwithstanding ORS 21.114, the clerk
of the juvenile court may not charge or collect first appearance or hearing
fees for a proceeding under this section.
     (3) After the filing of the home study and
the placement report requesting the court to enter a judgment of adoption, the
juvenile court that entered the order of permanent commitment may proceed as
provided in ORS 109.307 and 109.350 and may enter a judgment of adoption.
     (4) Records of adoptions filed and
established under this section shall be kept in accordance with, and are
subject to, ORS 7.211. [1997 c.873 §24; 1999 c.859 §24; 2003 c.396 §91; 2003
c.576 §449]
     419B.530
Representation by Attorney General. (1) Whenever a juvenile court has before it an action to terminate
parental rights, the juvenile court or the Department of Human Services may
request the services of the Attorney General.
     (2) Whenever an action to terminate
parental rights is before a juvenile court pursuant to ORS 419B.500, 419B.502,
419B.504, 419B.506 and 419B.508, the Attorney General shall have the same
authority to assist the court as is granted to the district attorney under ORS
8.685. [1993 c.33 §148]
(Emancipation of
Minor)
     419B.550
Definitions for ORS 419B.550 to 419B.558. As used in ORS 419B.550 to 419B.558:
     (1) “Domicile” of a minor means the legal
residence or domicile of the custodial parent or guardian.
     (2) “Emancipation” means conferral of
certain rights of majority upon a minor, as enumerated in ORS 419B.552.
     (3) “Minor” means a person under the age
of 18 years.
     (4) “Parent” means legal guardian or
custodian, natural parent or adoptive parent if the minor has been legally
adopted.
     (5) Notwithstanding subsection (1) of this
section, if a minor is subject to the jurisdiction of the juvenile court
pursuant to ORS 419B.100 or 419C.005, the domicile of that minor shall be that
of the court which has jurisdiction. [1993 c.546 §133]
     419B.552
Application for emancipation judgment; effect of judgment. (1) A juvenile court, upon the written
application of a minor who is domiciled within the jurisdiction of such court,
is authorized to enter a judgment of emancipation in the manner provided in ORS
419B.558. A judgment of emancipation shall serve only to:
     (a) Recognize the minor as an adult for
the purposes of contracting and conveying, establishing a residence, suing and
being sued, and recognize the minor as an adult for purposes of the criminal
laws of this state.
     (b) Terminate as to the parent and child
relationship the provisions of ORS 109.010 until the child reaches the age of
majority.
     (c) Terminate as to the parent and child
relationship the provisions of ORS 108.045, 109.100, 419B.373, 419B.400,
419B.402, 419B.404, 419B.406, 419B.408, 419C.550, 419C.590, 419C.592, 419C.595,
419C.597 and 419C.600.
     (2) A judgment of emancipation shall not
affect any age qualification for purchasing alcoholic liquor, the requirements
for obtaining a marriage license, nor the minorÂ’s status under ORS 109.510. [1993
c.546 §134; 2003 c.576 §450]
     419B.555
Hearing; notice to parent; duty to advise minor of liabilities of emancipated
person; filing fee. (1) The
juvenile court shall conduct a preliminary hearing on the minorÂ’s application
for emancipation within 10 days of the date on which it is filed or as soon as
possible thereafter. At the time of the preliminary hearing, the court may
issue a temporary custody order, stay any pending proceedings or enter any
other temporary order appropriate to the circumstances. No action of the court
pursuant to this subsection may be extended beyond the date set for a final
hearing.
     (2) The final hearing shall be held no
later than 60 days or as soon as possible after the date on which the
application is filed.
     (3) Notice to the parent or parents of the
applicant shall be made pursuant to ORS 419B.812 to 419B.839.
     (4) At the preliminary hearing, the court
shall advise the minor of the civil and criminal rights and civil and criminal
liabilities of an emancipated minor. This advice shall be recited in the
judgment of emancipation.
     (5) The hearing mentioned in subsection
(2) of this section may be waived by the minor and parent or parents.
     (6) A uniform filing fee of $77 shall be
charged and collected by the court for each application for emancipation. In
addition, the court shall collect any other fees required by law. [1993 c.546 §135;
1997 c.801 §33; 2001 c.622 §51; 2003 c.576 §451; 2003 c.737 §§68,69; 2005 c.702
§§81,82,83]
     Note: Section 15 (23), chapter 860, Oregon Laws
2007, provides:
     Sec.
15. (23) In addition to the
fee provided for in ORS 419B.555 (6), for the period commencing September 1,
2007, and ending June 30, 2009, the clerk of the court shall collect a
surcharge of $4 for each application for emancipation under ORS 419B.555. [2007
c.860 §15(23)]
     419B.558
Entry of judgment of emancipation. (1) The juvenile court in its discretion may enter a judgment of
emancipation where the minor is at least 16 years of age and the court finds
that the best interests of the minor will be served by emancipation. In making
its determination, the court shall take into consideration the following
factors:
     (a) Whether the parent of the minor
consents to the proposed emancipation;
     (b) Whether the minor has been living away
from the family home and is substantially able to be self-maintained and
self-supported without parental guidance and supervision; and
     (c) Whether the minor can demonstrate to
the satisfaction of the court that the minor is sufficiently mature and
knowledgeable to manage the minorÂ’s affairs without parental assistance.
     (2) Upon entry of a judgment of
emancipation by the court, the applicant shall be given a copy of the judgment.
The judgment shall instruct that the applicant obtain an
     (3) An emancipated minor shall be subject
to the jurisdiction of the adult courts for all criminal offenses. [1993 c.546 §136;
2003 c.576 §452]
JUVENILE COURT
DEPENDENCY PROCEDURE
     419B.800
Applicability of ORS 419B.800 to 419B.929. (1) ORS 419B.800 to 419B.929 govern procedure and practice in all
juvenile court proceedings under this chapter. The Oregon Rules of Civil
Procedure do not apply in these proceedings.
     (2) ORS 419B.800 to 419B.929 apply to all
proceedings under this chapter pending on or filed on or after January 1, 2002,
except when, in the opinion of the court, application in a case pending on
January 1, 2002, would not be feasible or would work an injustice.
     (3) ORS 419B.800 to 419B.929 do not
preclude a court in which they apply from regulating pleading, practice and
procedure in any manner not inconsistent with ORS 419B.800 to 419B.929. [2001
c.622 §2]
     419B.803
Jurisdiction. (1) A juvenile
court having subject matter jurisdiction has jurisdiction over:
     (a) A party, who has been served in the
matter as provided in ORS 419B.812 to 419B.839 to the extent that prosecution
of the action is not inconsistent with the Constitution of this state and the
Constitution of the
     (b) A child under 12 years of age who is
the subject of a petition filed pursuant to ORS 419B.100; and
     (c) Any other party specified in ORS
419B.875 (1).
     (2) Juvenile court jurisdiction is subject
to ORS 109.701 to 109.834. [2001 c.622 §3]
     419B.806
Consolidation; when required; procedures. (1) As used in this section, “consolidated” means that actions are heard
before one judge of the circuit court to determine issues regarding a child or
ward.
     (2) In any action filed in the juvenile
court in which the legal or physical custody of a child or ward is at issue and
there is also a child custody, parenting time, visitation, restraining order,
filiation or Family Abuse Prevention Act action involving the child or ward in
a domestic relations, filiation or guardianship proceeding, the matters shall
be consolidated. Actions must be consolidated under this subsection regardless
of whether the actions to be consolidated were filed or initiated before or
after the filing of the petition under ORS 419B.100.
     (3) Consolidation does not merge the
procedural or substantive law of the individual actions. Parties to the individual
consolidated actions do not have standing, solely by virtue of the
consolidation, in every action subject to the order of consolidation. Parties
must comply with provisions for intervention or participation in a particular
action under the provisions of law applicable to that action.
     (4) Upon entry of an order of
consolidation, all pending issues pertaining to the actions subject to the
order shall be heard together in juvenile court. The court shall hear the
juvenile matters first unless the court finds that it is in the best interest
of the child or ward to proceed otherwise.
     (5) A judge shall make and modify orders
and findings in actions subject to the order of consolidation upon the filing
of proper motions and notice as provided by law applicable to the actions. Any
findings, orders or modifications must be consistent with the juvenile court
orders, and persons who were parties to the juvenile court action may not
relitigate issues in consolidated actions.
     (6) The judge shall set out separately
from orders entered under this chapter or ORS chapter 419C any orders or
judgments made in other actions subject to the consolidation order. The trial
court administrator shall file the orders and judgments in the appropriate
actions subject to the consolidation order. An order or judgment in an
individual juvenile court action is final if it finally disposes of the rights
and duties of the parties to that action, without reference to whether the
order or judgment disposes of the rights and duties of the parties to another
action with which the action has been consolidated.
     (7)(a) When the actions described in
subsection (2) of this section exist in two or more circuit courts, the judges
assigned to the actions shall confer to determine the appropriate court in
which to consolidate and hear the actions. The judges shall confer not later
than 10 judicial days after a court has received notice of the existence of an
action in another circuit court.
     (b) If the judges agree on the circuit
court in which the actions should be consolidated, the judges shall take such
action as is necessary to consolidate the actions in the circuit court.
     (c) If the judges do not agree on the
circuit court in which the actions should be consolidated, the actions must be
consolidated in the court in which the juvenile action is filed or, if more
than one juvenile action is pending, in the court in which the first juvenile
action was filed.
     (8) Nothing in this section requires the
consolidation of any administrative proceeding under ORS chapter 25 or 416 with
a juvenile court or other action. [Formerly 419B.260; 2003 c.396 §92; 2007
c.547 §12]
     419B.809
Petition; contents; form; dismissal. (1) Any person may file a petition in the juvenile court alleging that
a child named therein is within the jurisdiction of the court under ORS
419B.100.
     (2) The petition and all subsequent court
documents in the proceeding must be entitled “In the matter of_____, a child.”
The petition must be in writing, signed by the petitioner or the petitionerÂ’s
attorney and verified.
     (3) When the petition is filed by a peace
officer, district attorney, attorney general, juvenile department counselor,
employee of the Department of Human Services or employee of the Oregon Youth
Authority, the petition may be verified upon the information and belief of the
petitioner. In all other cases, the petition must be based on the personal
knowledge of the petitioner.
     (4) The petition alleging jurisdiction
must set forth in ordinary and concise language such of the following facts as
are known and indicate any that are not known. The petition shall:
     (a) Contain the name, age and residence of
the child.
     (b) Contain the facts that bring the child
within the jurisdiction of the court, including sufficient information to put
the parties on notice of the issues in the proceeding.
     (c) Contain the name and residence of the
childÂ’s parent and, in cases under ORS 419B.100, the names of persons with
whom, and the places where, the child has resided for the previous five years.
     (d) Indicate whether there is a proceeding
involving the custody of the child pending in any court.
     (e) Indicate whether a person other than a
parent has or claims to have physical custody of the child and, if so, the name
and residence of the person having physical custody of the child.
     (f) Indicate whether the petitioner has
participated in any capacity in any other proceeding concerning the custody of
or parenting time or visitation with the child and, if so, the court, case
number and date of any child custody determination.
     (g) Indicate whether the petitioner knows
of any proceeding that could affect the current proceeding and, if so, the
court, case number and date of the proceeding.
     (5) At any time after a petition is filed,
the court may make an order providing for temporary custody of the child.
     (6) The court, on motion of an interested
party or on its own motion, may at any time direct that the petition be
amended. If the amendment results in a substantial departure from the facts
originally alleged, the court shall grant such continuance as the interests of
justice may require.
     (7) Prior to an adjudicatory hearing on
the petition, the court may dismiss the petition provided that every party has
had an opportunity to investigate and present a case supporting the petition or
has waived the opportunity to investigate and the right to present a case. At
or after an adjudicatory hearing, the court may dismiss the petition at any
other stage of the proceedings.
     (8) The petition for jurisdiction must be
in substantially the following form.
______________________________________________________________________________
IN THE CIRCUIT COURT
OF THE STATE OF
FOR
In the Matter
of                    )
                                              )          No.
                                              )          Petition
No.
                                              )
                      A
Child.         )          PETITION
TO THE
ABOVE-ENTITLED COURT:
Petitioner,
whose name appears below, respectfully represents to the Court as follows:
1.  The name, age and residence of
the above-named child are as follows: (name); (age); (DOB); (resides at), _______________,
2.  The child is within the
jurisdiction of the Court by reason of the following facts:
     A. _______________
     B. _______________
3.  Uniform Child Custody
Jurisdiction and Enforcement Act information:
     A. Child(ren)’s present address: _______________(Alternative: The
childÂ’s present address is provided in a sealed document because providing that
information would jeopardize the health, safety or liberty of the child or of a
party to the case. ORS 109.767.)
     B. Places the child(ren) has lived during the previous five years:
          _______________
          _______________
     C. Names and present addresses of persons with whom child(ren) has
lived during that period:
          _______________
          _______________
     D. The petitioner has/has not participated as a party or witness or in
any other capacity in any other proceeding concerning the custody of or
parenting time or visitation with the child. Court, case number and date of any
child custody determination:
          _______________
     E.  Petitioner knows/does not know of any proceeding that could affect
the current proceeding. Court, case number and date of the proceeding:
          _______________
     F.  Petitioner knows/does not know of any person who has physical
custody of the child(ren) or claims rights of legal custody, physical custody,
parenting time or visitation with the child(ren). Names and addresses of such
persons:
          _______________
4.  The child resides in
5.  The name and present address
of each parent is as follows:
     _______________
6.  The petition is not filed
pursuant to the direction of this Court.
     WHEREFORE, petitioner prays this Court to
have an investigation made of the circumstances concerning the above-named
child and to make such order or orders as are appropriate in the circumstances.
DATED: ____________, 2___.
__________________
Petitioner
STATE OF
                                              )          ss.
County of ______Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â )
     I, ____________, being first duly sworn,
on oath or upon affirmation, depose and say that I am the petitioner in the
above-entitled proceeding, that I have read the foregoing petition, know the
contents thereof, and the same is true as I am informed and believe.
__________________
Petitioner
     SIGNED AND SWORN to before me on ____________,
2___.
_____________________
SEAL (Alternate Verification)
STATE OF
                                              )          ss.
     I, ____________, being first duly sworn,
on oath or upon affirmation, depose and say that I am the petitioner in the
above-entitled proceeding, that I have read the foregoing petition, know the
contents thereof, and the same is true based on my personal knowledge of this
matter.
__________________
Petitioner
     SIGNED AND SWORN to before me on ____________,
2___.
_____________________
SEAL
______________________________________________________________________________
[2001 c.622 §4]
     419B.812
Issuance of summons; time for hearing on petition. (1) As used in this section and ORS
419B.815, 419B.819 and 419B.824, a “true copy” of a summons or petition means
an exact and complete copy of the original summons or petition with a
certificate upon the copy signed by an attorney of record or a party that
indicates that the copy is exact and complete.
     (2) A summons under ORS 419B.815 or
419B.819 must be titled “In the matter of_____, a child” and must contain the
name of the person to be served and the address at which the summons and
petition may be served.
     (3) The summons must be issued no later
than 30 days after the filing of a petition alleging jurisdiction under ORS
419B.100, a petition to establish a permanent guardianship under ORS 419B.365
or a petition seeking termination of parental rights under ORS 419B.500,
419B.502, 419B.504, 419B.506 or 419B.508.
     (4) The petitioner, the petitioner’s
attorney, the juvenile department, the district attorney, the Attorney General
or the Department of Human Services may issue a summons.
     (5) The summons must be signed by the:
     (a) Petitioner;
     (b) Petitioner’s attorney;
     (c) Juvenile department;
     (d) District attorney;
     (e) Attorney General; or
     (f) Department of Human Services.
     (6) The summons must be served with a true
copy of the petition.
     (7) The summons and petition may be served
by any competent person 18 years of age or older who is a resident of the state
where service is made or of this state.
     (8) The summons and petition may be
transmitted by telegraph or facsimile as provided in ORS 419B.848 (3).
     (9) The court shall fix the date and time
for the hearing on a petition at a reasonable time after service or, if service
is by publication, final publication of the summons. The time may not be less
than 24 hours after service or, if service is by publication, final publication
in a proceeding to establish jurisdiction under ORS 419B.100 and may not be
less than 10 days after service or, if service is by publication, final publication
in a proceeding to establish permanent guardianship or terminate parental
rights. [2001 c.622 §5; 2003 c.205 §1]
     419B.815
Summons for proceeding to establish jurisdiction under ORS 419B.100; contents;
failure to appear. (1) A
court may make an order establishing jurisdiction under ORS 419B.100 only after
service of summons and a true copy of the petition as provided in ORS 419B.812,
419B.823, 419B.824, 419B.827, 419B.830, 419B.833 and 419B.839.
     (2) A summons under this section must
require one of the following:
     (a) That the person appear personally
before the court at the time and place specified in the summons for a hearing
on the allegations of the petition;
     (b) That the person appear personally
before the court at the time and place specified in the summons to admit or
deny the allegations of the petition; or
     (c) That the person file a written answer
to the petition within 30 days from the date on which the person is served with
the summons.
     (3) If the court does not direct the type
of response to be required by the summons under subsection (2) of this section,
the summons shall require the person being summoned to respond in the manner
authorized by subsection (2)(c) of this section.
     (4) A summons under this section must
contain:
     (a) A statement that the petition seeks to
establish jurisdiction under ORS 419B.100 and that, if the person fails to
appear at the time and place specified in the summons or an order under ORS
419B.816 or, if the summons requires the filing of a written answer, fails to
file the answer within the time provided, the court may establish jurisdiction
without further notice either on the date specified in the summons or order or
on a future date, and may take any other action that is authorized by law
including, but not limited to, making the child a ward of the court and
removing the child from the legal and physical custody of the parent or other
person having legal or physical custody of the child.
     (b) A notice that the person has the right
to be represented by an attorney. The notice must be in substantially the
following form:
______________________________________________________________________________
You have a right
to be represented by an attorney. If you wish to be represented by an attorney,
please retain one as soon as possible to represent you in this proceeding. If
you are the child or the parent or legal guardian of the child and you cannot
afford to hire an attorney and you meet the stateÂ’s financial guidelines, you
are entitled to have an attorney appointed for you at state expense. To request
appointment of an attorney to represent you at state expense, you must contact
the juvenile court immediately. Phone ________ for further information.
______________________________________________________________________________
     (c) A statement that, if the person is
represented by an attorney, the person has the responsibility to maintain
contact with the personÂ’s attorney and to keep the attorney advised of the
personÂ’s whereabouts.
     (d) A statement that, if the person is
represented by an attorney, the person must appear personally at any hearing
where the person is required to appear, unless the person is the child at issue
in the proceeding who must be served with summons in accordance with ORS
419B.839 (1)(f). The statement must explain that to “appear personally” does
not include appearance through the personÂ’s attorney.
     (e) A statement that, if the court has
granted the person an exception in advance under ORS 419B.918, the person may
appear in any manner permitted by the court under ORS 419B.918.
     (f) A statement that no later than 30 days
after the petition is filed each party about whom allegations have been made
must admit or deny the allegations and that, unless the court specifies
otherwise, the admission or denial may be made orally at the hearing or filed
with the court in writing.
     (g) A statement that if the petition
alleges that the child has been physically or sexually abused, the court, at
the hearing, may enter an order restraining the alleged perpetrator of the
abuse from having contact with the child or attempting to contact the child and
requiring the alleged perpetrator to move from the household in which the child
resides.
     (h) A statement that the parent or other
person legally obligated to support the child may be required to pay at some
future date for all or a portion of the support of the child, including the
cost of out-of-home placement, depending upon the ability of the parent or
other person to pay support.
     (5) If the summons requires the person to
appear before the court to admit or deny the allegations of the petition or
requires the person to file a written answer to the petition, the summons must
advise the person that, if the person contests the petition, the court:
     (a) Will schedule a hearing on the
allegations of the petition and order the person to appear personally; and
     (b) May schedule other hearings related to
the petition and order the person to appear personally.
     (6) At a hearing, when the person is
required to appear personally, or in the personÂ’s written answer to the
petition, the person shall inform the court and the petitioner of the personÂ’s
current residence address, mailing address and telephone number.
     (7) If a person fails to appear for any
hearing related to the petition, or fails to file a written answer, as directed
by summons or court order under this section or ORS 419B.816, the court may
establish jurisdiction without further notice, either on the date specified in
the summons or order or on a future date, and may take any other action that is
authorized by law including, but not limited to, making the child a ward of the
court and removing the child from the legal and physical custody of the parent
or other person having legal or physical custody of the child.
     (8) If the summons requires the person to
appear personally before the court, or if a court orders the person to appear
personally at a hearing in the manner provided in ORS 419B.816, the person may
not appear through the personÂ’s attorney, unless the person is the child at
issue in the proceeding who has been served with summons in accordance with ORS
419B.839 (1)(f). [2001 c.622 §6; 2001 c.962 §54; 2003 c.205 §§10,11; 2007 c.497
§3]
     419B.816
Notice to person contesting petition to establish jurisdiction. If the person appears in the manner provided
in ORS 419B.815 (2)(b) or (c) and the person contests the petition, the court,
by written order provided to the person in person or mailed to the person at
the address provided by the person, or by oral order made on the record, shall:
     (1) Inform the person of the time, place
and purpose of the next hearing or hearings related to the petition;
     (2) Require the person to appear
personally at the next hearing or hearings related to the petition;
     (3) Inform the person that, if the person
is represented by an attorney, the personÂ’s attorney may not attend the hearing
in place of the person, unless the person is the child at issue in the
proceeding who has been served with summons in accordance with ORS 419B.839
(1)(f);
     (4) Inform the person that, if the court
has granted the person an exception in advance under ORS 419B.918, the person
may appear in any manner permitted by the court under ORS 419B.918; and
     (5) Inform the person that, if the person
fails to appear as ordered for any hearing related to the petition, the court
may establish jurisdiction without further notice, either on the date specified
in the summons or order or on a future date, and may take any other action that
is authorized by law including, but not limited to, making the child a ward of
the court and removing the child from the legal and physical custody of the
parent or other person having legal or physical custody of the child. [2003
c.205 §10b; 2007 c.497 §4]
     419B.818
Form of summons under ORS 419B.815. The summons for appearance in a proceeding to establish jurisdiction
under ORS 419B.100 must be in substantially the following form:
______________________________________________________________________________
IN THE CIRCUIT COURT
OF THE STATE OF
FOR
In the Matter
of                    )
                                             )          No.
                                             )          Petition No.
                                             )
                      A
Child.         )          SUMMONS
TO: Name and
address
IN THE NAME OF THE
STATE OF
You are directed:
_____ To appear in
person before this Court at _______________ (address), Courtroom #_____, _______________,
_____ To appear in
person before this Court at _______________ (address), Courtroom #_____, _______________,
_____ To file a
written answer to the petition no later than 30 days after the date you were
served with this summons and to appear at any court-ordered hearing. An
attorney may not attend any court-ordered hearing in your place. However, if
you are the child at issue in this proceeding and you have an attorney, you may
rely upon your attorney to file and to appear at the hearing on your behalf.
NOTICE:
READ THESE PAPERS CAREFULLY!!
A petition has
been filed to establish jurisdiction under ORS 419B.100. A copy of the petition
is attached.
No later than 30
days from the date the petition is filed, each person about whom allegations
have been made in the petition must admit or deny the allegations. Unless directed
otherwise above, the admission or denial may be made orally at the hearing or
filed with the court in writing.
If you do not
appear or file a written answer as directed above, or do not appear at any
subsequent court-ordered hearing, the Court may proceed without further notice
and take jurisdiction of the child(ren) either on the date specified in this
summons or on a future date, and make such orders and take such action as
authorized by law including, but not limited to, establishing wardship over the
child, ordering the removal of the child(ren) from the legal and physical
custody of the parent(s) or guardian(s) and, if the petition alleges that the
child(ren) has (have) been physically or sexually abused, restraining you from
having contact with, or attempting to contact, the child(ren) and requiring you
to move from the household in which the child(ren) resides (reside).
RIGHTS AND OBLIGATIONS
You have a right
to be represented by an attorney. If you wish to be represented by an attorney,
please retain one as soon as possible to represent you in this proceeding. If
you are the child or the parent or legal guardian of the child and you cannot
afford to hire an attorney and you meet the stateÂ’s financial guidelines, you
are entitled to have an attorney appointed for you at state expense. To request
appointment of an attorney to represent you at state expense, you must contact
the juvenile court immediately. Phone _____ for further information. If you are
represented by an attorney, it is your responsibility to maintain contact with
your attorney and to keep your attorney advised of your whereabouts.
If you are a
parent or other person legally obligated to support the child(ren), you have
the obligation to support the child(ren). You may be required to pay for
compensation and reasonable expenses for the child(ren)Â’s attorney. You may be
required to pay support for the child(ren) while the child(ren) is (are) in
state financed or state supported custody. You may be required to provide
health insurance coverage for the child(ren) while the child(ren) is (are) in
state financed or state supported custody. You may be required to pay other
costs that arise from the child(ren) being in the jurisdiction of the Court. If
you are ordered to pay for the child(ren)Â’s support or there is an existing
order of support from a divorce or other proceeding, that support order may be
assigned to the state to apply to the costs of the child(ren)Â’s care.
If this summons
requires you to appear before the court to admit or deny the allegations of the
petition or requires you to file a written answer to the petition and you
contest the petition, the court will schedule a hearing on the allegations of
the petition and order you to appear personally and may schedule other hearings
related to the petition and order you to appear personally. If you are ordered
to appear, you must appear personally in the courtroom, unless the court has
granted you an exception in advance under ORS 419B.918 to appear by other means
including, but not limited to, telephonic or other electronic means. If you are
the child at issue in this proceeding and you have an attorney, your attorney
may appear in your place.
By: (Name and Title)
Date Issued: ____________
______________________________________________________________________________
[2001 c.622 §7;
2003 c.73 §68; 2003 c.205 §8; 2007 c.497 §5]
     419B.819
Summons for proceeding to establish permanent guardianship or terminate
parental rights; contents; failure to appear. (1) A court may make an order establishing permanent guardianship
under ORS 419B.365 or terminating parental rights under ORS 419B.500, 419B.502,
419B.504, 419B.506 or 419B.508 only after service of summons and a true copy of
the petition on the parent, as provided in ORS 419B.812, 419B.823, 419B.824,
419B.827, 419B.830 and 419B.833. A putative father who satisfies the criteria
set out in ORS 419B.839 (1)(d) or 419B.875 (1)(a)(C) also must be served with
summons and a true copy of the petition, unless a court of competent jurisdiction
has found him not to be the child or wardÂ’s legal or biological father or he
has filed a petition for filiation that was dismissed and no appeal of the
judgment or order is pending.
     (2) A summons under this section must
require one of the following:
     (a) That the parent appear personally
before the court at the time and place specified in the summons for a hearing
on the allegations of the petition;
     (b) That the parent appear personally
before the court at the time and place specified in the summons to admit or
deny the allegations of the petition; or
     (c) That the parent file a written answer
to the petition within 30 days from the date on which the parent is served with
the summons.
     (3) If the court does not direct the type
of response to be required by the summons under subsection (2) of this section,
the summons shall require the parent to respond in the manner authorized by
subsection (2)(c) of this section.
     (4) A summons under this section must
contain:
     (a) A statement that the rights of the
parent are proposed to be terminated or, if the petition seeks to establish a
permanent guardianship, that a permanent guardianship is proposed to be
established.
     (b) A statement that, if the parent fails
to appear at the time and place specified in the summons or in an order under
ORS 419B.820 or, if the summons requires the filing of a written answer, fails
to file the answer within the time provided, the court may, without further
notice and in the parentÂ’s absence, terminate the parentÂ’s rights or grant the
guardianship petition, either on the date specified in the summons or order or
on a future date, and may take any other action that is authorized by law.
     (c) A notice that the parent has the right
to be represented by an attorney. The notice must be in substantially the
following form:
______________________________________________________________________________
You have a right
to be represented by an attorney. If you wish to be represented by an attorney,
please retain one as soon as possible to represent you in this proceeding. If
you cannot afford to hire an attorney and you meet the stateÂ’s financial
guidelines, you are entitled to have an attorney appointed for you at state
expense. To request appointment of an attorney to represent you at state
expense, you must contact the juvenile court immediately. Phone ________ for
further information.
______________________________________________________________________________
     (d) A statement that, if the parent is
represented by an attorney, the parent has the responsibility to maintain
contact with the parentÂ’s attorney and to keep the attorney advised of the
parentÂ’s whereabouts.
     (e) A statement that, if the parent is
represented by an attorney, the parent must appear personally at any hearing where
the parent is required to appear. The statement must explain that “appear
personally” does not include appearance through the parent’s attorney.
     (f) A statement that, if the court has
granted the parent an exception in advance under ORS 419B.918, the parent may
appear in any manner permitted by the court under ORS 419B.918.
     (5) If the summons requires the parent to
appear before the court to admit or deny the allegations of the petition or
requires the parent to file a written answer to the petition, the summons must
advise the parent that, if the parent contests the petition, the court:
     (a) Will schedule a hearing on the
allegations of the petition and order the parent to appear personally; and
     (b) May schedule other hearings related to
the petition and order the parent to appear personally.
     (6) At a hearing, when the parent is
required to appear personally, or in the parentÂ’s written answer to the
petition, the parent shall inform the court and the petitioner of the parentÂ’s
current residence address, mailing address and telephone number.
     (7) If a parent fails to appear for any
hearing related to the petition, or fails to file a written answer, as directed
by summons or court order under this section or ORS 419B.820, the court,
without further notice and in the parentÂ’s absence, may:
     (a) Terminate the parent’s rights or, if
the petition seeks to establish a permanent guardianship, grant the
guardianship petition either on the date specified in the summons or order or
on a future date; and
     (b) Take any other action that is
authorized by law.
     (8) If the summons requires the parent to
appear personally before the court, or if a court orders the parent to appear
personally at a hearing in the manner provided in ORS 419B.820, the parent may
not appear through the parentÂ’s attorney.
     (9) If a guardian ad litem has been
appointed for a parent under ORS 419B.231, a copy of the summons served on the
parent under this section must be provided to the guardian ad litem. [2003
c.205 §3; 2005 c.160 §2; 2005 c.450 §5; 2007 c.454 §13; 2007 c.497 §6]
     419B.820
Notice to parent contesting petition to establish permanent guardianship or terminate
parental rights. If the
parent appears in the manner provided in ORS 419B.819 (2)(b) or (c) and the
parent contests the petition, the court, by written order provided to the
parent in person or mailed to the parent at the address provided by the parent
or by oral order made on the record, shall:
     (1) Inform the parent of the time, place
and purpose of the next hearing or hearings related to the petition;
     (2) Require the parent to appear
personally at the next hearing or hearings related to the petition;
     (3) Inform the parent that, if the parent
is represented by an attorney, the parentÂ’s attorney may not attend the hearing
in place of the parent;
     (4) Inform the parent that, if the court
has granted the parent an exception in advance under ORS 419B.918, the parent
may appear in any manner permitted by the court under ORS 419B.918; and
     (5) Inform the parent that, if the parent
fails to appear as ordered for any hearing related to the petition, the court,
without further notice and in the parentÂ’s absence, may:
     (a) Terminate the parent’s rights or, if
the petition seeks to establish a permanent guardianship, grant the guardianship
petition either on the date specified in the order or on a future date; and
     (b) Take any other action that is
authorized by law. [2003 c.205 §5; 2007 c.497 §7]
     Note: 419B.820 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.
     419B.821 [2001 c.622 §8; 2003 c.230 §1; renumbered
419B.823 in 2003]
     419B.822
Form of summons under ORS 419B.819. The summons for appearance in a proceeding to establish permanent
guardianship under ORS 419B.365 or to terminate parental rights under ORS
419B.500, 419B.502, 419B.504, 419B.506 or 419B.508 must be in substantially the
following form:
______________________________________________________________________________
IN THE CIRCUIT COURT
OF THE STATE OF
FOR
In the Matter
of                    )
                                             )          No.
                                             )          Petition No.
                                             )
                      A
Child.         )          SUMMONS
TO: Name and
address
IN THE NAME OF THE
STATE OF
You are directed:
___ To appear in
person before this Court at _______________ (address), Courtroom #_____, _______________,
___ To appear in
person before this Court at _______________ (address), Courtroom #_____, _______________,
___ To file a
written answer to the petition no later than 30 days after the date you were
served with this summons and to appear at any court-ordered hearing. An
attorney may not attend any court-ordered hearing in your place.
NOTICE:
READ THESE PAPERS CAREFULLY!!
A petition has
been filed to:
___ Establish a
permanent guardianship under ORS 419B.365.
___ Terminate your
parental rights under ORS 419B.500, 419B.502, 419B.504, 419B.506 or 419B.508.
A copy of the petition
is attached.
If you do not
appear or file a written answer as directed above, or do not appear at any
subsequent court-ordered hearing, the Court may proceed without further notice
and (establish a permanent guardianship) (terminate your parental rights)
either on the date specified in this summons or on a future date, and make such
orders and take such action as authorized by law.
RIGHTS AND OBLIGATIONS
You have a right
to be represented by an attorney. If you wish to be represented by an attorney,
please retain one as soon as possible to represent you in this proceeding. If
you cannot afford to hire an attorney and you meet the stateÂ’s financial
guidelines, you are entitled to have an attorney appointed for you at state
expense. To request appointment of an attorney to represent you at state
expense, you must contact the juvenile court immediately. Phone _____ for
further information. If you are represented by an attorney, it is your
responsibility to maintain contact with your attorney and to keep your attorney
advised of your whereabouts.
If this summons
requires you to appear before the court to admit or deny the allegations of the
petition or requires you to file a written answer to the petition and you
contest the petition, the court will schedule a hearing on the allegations of
the petition and order you to appear personally and may schedule other hearings
related to the petition and order you to appear personally. If you are ordered
to appear, you must appear personally in the courtroom, unless the court has
granted you an exception in advance under ORS 419B.918 to appear by other means
including, but not limited to, telephonic or other electronic means.
By: (Name and Title)
Date Issued: ____________
______________________________________________________________________________
[2003 c.205 §7;
2007 c.497 §8]
     419B.823
Service of summons generally.
The summons must be served, either inside or outside of the state, in a manner
reasonably calculated under all the circumstances to apprise the person served
of the existence and pendency of the juvenile proceeding and to afford the
person a reasonable opportunity to appear. Service of summons may be made,
subject to the restrictions and requirements of ORS 419B.824, by the following
methods:
     (1) Personal service of the summons and
petition upon the person to be served;
     (2) Substituted service by leaving a copy
of the summons and petition at a personÂ’s dwelling house or usual place of
abode;
     (3) Office service by leaving the summons
and petition with a person who is apparently in charge of an office;
     (4) Service by mail; or
     (5) Alternative service as ordered by the
court under ORS 419B.824 (5). [Formerly 419B.821]
     419B.824
Methods of serving summons.
(1) Personal service may be made by delivery of a true copy of the summons and
a true copy of the petition to the person to be served.
     (2) Substituted service may be made by
delivering a true copy of the summons and a true copy of the petition at the
dwelling house or usual place of abode of the person to be served to any person
14 years of age or older residing in the dwelling house or usual place of
abode. When substituted service is used, the person effecting service shall
cause to be mailed a true copy of the summons and a true copy of the petition
and a statement of the date, time, and place at which substituted service was
made. The summons, petition and statement must be mailed by first class mail to
the dwelling house or usual place of abode of the person who has been served as
soon as is practicable after the substituted service was made. When the
computation of a period of time is based on service of summons, substituted
service is complete upon such mailing.
     (3) If the person to be served maintains
an office for conducting business, office service may be made by leaving a true
copy of the summons and a true copy of the petition at the office during normal
working hours with the person who is apparently in charge. When office service
is used, the person effecting service shall cause to be mailed a true copy of
the summons and a true copy of the petition and a statement of the date, time,
and place at which office service was made. The summons, petition and statement
must be mailed by first class mail to the person who has been served at the
personÂ’s dwelling house or usual place of abode, place of business or such
other place under the circumstances that is most reasonably calculated to
apprise the person of the existence and pendency of the juvenile proceeding.
The summons, petition and statement must be mailed as soon as is practicable
after the office service was made. When the computation of a period of time is
based on service of summons, office service is complete upon such mailing.
     (4) Service by mail must be made by
mailing a true copy of the summons and a true copy of the petition to the
person to be served by first class mail and another true copy of the petition
and another true copy of the summons by certified or registered mail, return
receipt requested, or by express mail. Service by mail is not complete unless
the person to be served signs a receipt for the mail. Service by mail is
complete on the date that the person to be served signs a receipt for the mail.
     (5)(a) If any parent or guardian required
to be summoned as provided in ORS 419B.812 to 419B.839 cannot be served as
provided in ORS 419B.823 (1) to (4), the court may order alternative service of
summons on the parent or guardian in any of the following methods or
combination of methods that under the circumstances is most reasonably
calculated to notify the parent or guardian of the existence and pendency of
the action:
     (A) By sending the parent or guardian a
copy of the summons by first class mail and an additional copy by registered or
certified mail, return receipt requested, to one or more addresses;
     (B) By posting at specified locations; or
     (C) By publication of summons pursuant to
subsection (6) of this section.
     (b) If alternative service is ordered the
court shall specify a time for response.
     (6)(a) On written motion and affidavit
that service cannot be made by any method otherwise specified in this section,
the court may order service by publication.
     (b) In addition to the contents of a
summons as described in ORS 419B.815 or 419B.819, a published summons must also
contain the date of first publication of the summons. If the names of one or
both parents or the guardian are unknown, they may be summoned as “The
parent(s) or guardian of (naming or describing the child), found (stating the
address or place where the child was found)”.
     (c) An order for publication must direct
that publication be made in a newspaper of general circulation in the county
where the action is commenced or, if there is no such newspaper, in a newspaper
to be designated as most likely to give notice to the person to be served. The
summons must be published three times in successive calendar weeks. If the
person effecting service knows of a specific location other than the county
where the action is commenced where publication might reasonably result in
actual notice to the person to be served, the person effecting service shall so
state in the affidavit required by paragraph (a) of this subsection, and the
court may order publication in a comparable manner at such location in addition
to, or in lieu of, publication in the county where the action is commenced.
     (d) If the court orders service by
publication and the person effecting service does not know and cannot upon
diligent inquiry ascertain the current address of a person being served, a copy
of the summons and the petition must be mailed by the methods specified in
subsection (4) of this section to the person being served at that personÂ’s last
known address. If the person effecting service does not know, and cannot
ascertain upon diligent inquiry, the current or last known address of the
person being served, mailing of a copy of the summons and the petition is not
required.
     (7) For purposes of this section, “first
class mail” does not include certified or registered mail or any other form of
mail that may delay actual delivery of the mail to the addressee. [2001 c.622 §9;
2003 c.205 §14; 2003 c.230 §2]
     419B.827
Responsibility for costs of service of summons and travel expenses of party
summoned. The court may
authorize payment of travel expenses of any party summoned. Except as provided
in this section, responsibility for the payment of the cost of service of
summons or other process on any party, and for payment of travel expenses so
authorized, shall be borne by the party issuing the summons or requesting the
court to issue the summons. When the Department of Human Services issues the
summons or requests the court to issue the summons, responsibility for such
payment shall be borne by the county. [Formerly 419B.280]
     419B.830
Return of summons. The
summons must be promptly returned to the clerk with whom the petition is filed
with proof of service or mailing or with proof that the person to be served
cannot be found. The summons may be returned by first class mail. [2001 c.622 §10]
     419B.833
Proof of service of summons or mailing. (1) Except for service by publication, proof of service of summons or
mailing must be made by:
     (a) The certificate of the server if the
summons is not served by a sheriff or a sheriffÂ’s deputy. The certificate must
indicate the time, place and manner of service, that the server is a competent
person of at least 18 years of age and is a resident of the state of service or
of this state and that the server reasonably believes that the person served is
the identical one named in the summons. If the person served was not personally
served, the server shall state in the certificate when, where and with whom a
copy of the summons and petition was left or describe in detail the manner and
circumstances of service. If the summons and petition were mailed, the
certificate may be made by the person completing the mailing or the attorney
for any party and must state the circumstances of mailing and have the return
receipt attached.
     (b) The sheriff’s or sheriff’s deputy’s certificate
of service if the summons is served by a sheriff or a sheriffÂ’s deputy. The
certificate must indicate the time, place and manner of service and, if the
person served was not personally served, when, where and with whom a copy of
the summons and petition was left or describe in detail the manner and
circumstances of service. If the summons and petition were mailed, the
certificate must state the circumstances of mailing and have the return receipt
attached.
     (2) Service by publication must be proved
by an affidavit in substantially the following form:
______________________________________________________________________________
AFFIDAVIT OF PUBLICATION
STATE OF
                                              )          ss.
County of ______Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â )
I, ________, being
first duly sworn, depose and say that I am the ________ (here set forth
the title or job description of the person making the affidavit), of the ________,
a newspaper of general circulation published at ________ in the aforesaid
county and state; that I know from my personal knowledge that the ________, a
printed copy of which is hereto annexed, was published in the entire issue of
said newspaper three times in the following issues: (here set forth dates of
issues in which the same was published).
Subscribed and
sworn to before me this _____ day of ____________, 2___.
__________________
Notary Public for
My commission expires:____________.
______________________________________________________________________________
     (3) The affidavit of service may be made
and certified before a notary public or other official authorized to administer
oaths by the
     (4) A certificate or affidavit containing
proof of service may be made upon the summons or as a separate document
attached to the summons.
     (5) In addition to the other ways
specified in this section, proof of service may be made by a written acceptance
of service by the person who was served.
     (6) If summons has been properly served,
failure to make or file a proper proof of service does not affect the validity
of the service. [2001 c.622 §11]
     419B.836
Effect of error in summons or service of summons. Failure to comply with provisions of ORS
419B.812, 419B.815, 419B.818, 419B.819, 419B.822 and 419B.839 relating to the
form of summons, issuance of summons or who may serve summons does not affect
the validity of service of summons or the existence of jurisdiction over the
person if the court determines that the served person received actual notice of
the substance and pendency of the action. The court may allow amendment to a
summons or affidavit or certificate of service of summons. The court shall
disregard any error in the content of summons that does not materially
prejudice the substantive rights of the party to whom summons was issued. If
service is made in any manner complying with ORS 419B.812 to 419B.839, the
court shall also disregard any error in the service of summons that does not
violate the due process rights of the party against whom summons was issued. [2001
c.622 §12; 2003 c.205 §15]
     419B.839
Required and discretionary summons. (1) Summons in proceedings to establish jurisdiction under ORS
419B.100 must be served on:
     (a) The parents of the child without
regard to who has legal or physical custody of the child;
     (b) The legal guardian of the child;
     (c) A putative father of the child who
satisfies the criteria set out in ORS 419B.875 (1)(a)(C), except as provided in
subsection (4) of this section;
     (d) A putative father of the child if
notice of the initiation of filiation or paternity proceedings was on file with
the Center for Health Statistics of the Department of Human Services prior to
the initiation of the juvenile court proceedings, except as provided in
subsection (4) of this section;
     (e) The person who has physical custody of
the child, if the child is not in the physical custody of a parent; and
     (f) The child, if the child is 12 years of
age or older.
     (2) If it appears to the court that the
welfare of the child or of the public requires that the child immediately be
taken into custody, the court may indorse an order on the summons directing the
officer serving it to take the child into custody.
     (3) Summons may be issued requiring the
appearance of any person whose presence the court deems necessary.
     (4) Summons under subsection (1) of this
section is not required to be given to a putative father whom a court of
competent jurisdiction has found not to be the childÂ’s legal father or who has
filed a petition for filiation that was dismissed if no appeal from the
judgment or order is pending.
     (5) If a guardian ad litem has been
appointed for a parent under ORS 419B.231, a copy of a summons served on the
parent under this section must be provided to the guardian ad litem. [2001
c.622 §13; 2003 c.205 §9; 2005 c.160 §3; 2005 c.450 §6]
     419B.842
When arrest warrant authorized.
(1) No person required to appear as provided in ORS 419B.812 to 419B.839 shall
without reasonable cause fail to appear or, where directed in the summons, to
bring the child before the court.
     (2) If the summons cannot be served, if
the person to whom the summons is directed fails to obey it or if it appears to
the court that the summons will be ineffectual, the court may direct issuance
of a warrant of arrest against the person summoned or against the child. [Formerly
419B.282]
     419B.845
Restraining order when child abuse alleged. (1)(a) When a petition has been filed alleging that the child has been
physically or sexually abused, the court may enter an order restraining the
alleged perpetrator of the abuse from having contact with the child or
attempting to contact the child and requiring the alleged perpetrator to move
from the household in which the child resides. The court may issue a
restraining order only if the court finds that:
     (A) There is probable cause to believe the
abuse occurred and that the person to be restrained committed the abuse; and
     (B) The order is in the best interest of
the child.
     (b) Upon finding that to do so would aid
in protecting the victim of the alleged abuse, the court may enter, in addition
to a restraining order described in paragraph (a) of this subsection, other
appropriate orders including, but not limited to, orders that control contact
between the alleged abuser and other children in the household.
     (c) The court shall include in an order
entered under this subsection the following information about the person to be
restrained:
     (A) Name;
     (B) Address;
     (C) Age and birth date;
     (D) Race;
     (E) Sex;
     (F) Height and weight; and
     (G) Color of hair and eyes.
     (d) The court may include in the order a
provision that a peace officer accompany the restrained person to the household
when it is necessary for the restrained person to remove personal property.
     (2) If the court enters an order under
this section:
     (a) The clerk of the court shall provide
without charge the number of certified true copies of the petition and order
necessary to effect service and shall have a true copy of the petition and
order delivered to the sheriff or other person qualified to serve the order for
service upon the person to be restrained; and
     (b) The sheriff or other person qualified
to serve the order shall serve the person to be restrained personally unless
that person is present at the hearing. After accepting the order, if the
sheriff or other person cannot complete service within 10 days, the sheriff or
other person shall hold the order for future service and file a return to the
clerk of the court showing that service was not completed.
     (3) Within 30 days after an order is
served under this section, the restrained person may file a written request
with the court and receive a court hearing on any portion of the order. If the
restrained person requests a hearing under this subsection:
     (a) The clerk of the court shall notify
the parties and, if the restrained person is not a party, the restrained person
of the date and time of the hearing; and
     (b) The court shall hold the hearing
within 21 days after the request and may cancel or modify the order.
     (4) Upon receipt of the order and
completion of any required service, the sheriff shall immediately enter the
order into the Law Enforcement Data System maintained by the Department of
State Police. Entry into the Law Enforcement Data System constitutes notice to
all law enforcement agencies of the existence of the order. Law enforcement
agencies shall establish procedures adequate to ensure that an officer at the
scene of an alleged violation of the order may be informed of the existence and
terms of the order. The order shall be fully enforceable in any county in this
state.
     (5) A restraining order issued pursuant to
this section remains in effect for a period of one year or until the order is
modified, amended or terminated by court order.
     (6) A court that issued a restraining
order under this section may renew the order for a period of up to one year if
the court finds that there is probable cause to believe the renewal is in the
best interest of the child. The court may renew the order on motion alleging
facts supporting the required finding. If the renewal order is granted,
subsections (2) and (3) of this section apply.
     (7) If a restraining order issued pursuant
to this section is terminated before its expiration date, the clerk of the
court shall promptly deliver a true copy of the termination order to the
sheriff. The sheriff shall promptly remove the original order from the Law
Enforcement Data System.
     (8) Pending a contempt hearing for alleged
violation of a restraining order issued under this section, a person arrested
and taken into custody pursuant to ORS 133.310 may be released as provided in
ORS 135.230 to 135.290. Unless the order provides otherwise, the security
amount for release shall be $5,000.
     (9) When a restraining order entered under
this section prohibits the restrained person from contacting the protected
person in writing, the restrained person does not violate the restraining order
by serving on the protected person a copy of a notice of appeal of the
restraining order or any other document required by law to be served on the
adverse party to an appeal if:
     (a) Neither the restrained person nor the
protected person is represented by counsel;
     (b) The restrained person serves the
document by mail; and
     (c) The contents of the document are not
intended to harass or intimidate the protected person. [Formerly 419B.190; 2007
c.255 §13]
     419B.846
Service of restraining order.
(1) A sheriff may serve a restraining order under ORS 419B.845 in the county in
which the sheriff was elected and in any other county that is adjacent to the
county in which the sheriff was elected.
     (2) A sheriff may serve and enter into the
Law Enforcement Data System a facsimile of a certified true copy of a
restraining order under ORS 419B.845 that was transmitted to the sheriff by a
trial court administrator or another sheriff using a telephonic facsimile
communication device. A copy of the facsimile must be attached to the sheriffÂ’s
return of service. Before transmitting a restraining order to a sheriff under
this subsection, the person sending the facsimile must receive confirmation by
telephone from the sheriffÂ’s office that a telephonic facsimile communication
device is available and operating. [2003 c.304 §14; 2007 c.255 §14]
     419B.848
Process generally. (1) All
process authorized to be issued by any court or officer of the court runs in
the name of the State of
     (2) A civil process may be served or
executed on Sunday or any legal holiday. No limitation or prohibition stated in
ORS 1.060 applies to the service or execution of a civil process on a Sunday or
legal holiday.
     (3) An order in any case, and all other
papers requiring service, may be transmitted by telegraph or facsimile for
service in any place. The facsimile or telegraphic copy, as defined in ORS
165.840, of the order or paper transmitted may be served or executed by the
officer or person to whom it is sent for that purpose and returned by the
officer or person if any return is required in the same manner and with the
same force and effect in all respects as if the copy were the original. The
officer or person serving or executing the order or paper has the same
authority and is subject to the same liabilities as if the copy were the
original. The original, if an order, must be filed in the court from which it
was issued and a certified copy of the order must be preserved in the office
from which it was sent. The operator may use either the original or certified
copy to transmit the order or paper.
     (4) Proof of service or execution of process
must be made as provided in ORS 419B.833. [2001 c.622 §14]
     419B.851
Service of process; filing; proof of service. (1) Except as otherwise provided in ORS 419B.800 to 419B.929, every
order, every petition and answer subsequent to the original petition, every
written motion other than one that may be heard ex parte and every written
request and similar paper must be served upon each of the parties.
     (2)(a) Whenever under ORS 419B.800 to
419B.929 service is required or permitted to be made upon a party, and that
party is represented by an attorney, the service must be made upon the attorney
unless otherwise ordered by the court. Service upon the attorney or upon a
party must be made by delivering a copy to the attorney or party, by mailing it
to the attorneyÂ’s or partyÂ’s last known address or, if the party is represented
by an attorney, by facsimile communication device as provided in subsection (6)
of this section. As used in this paragraph, “delivery of a copy” means:
     (A) Handing it to the person to be served;
     (B) Leaving it at the person’s office with
the personÂ’s clerk or a person apparently in charge of the office or, if there
is no one in charge, leaving it in a conspicuous place in the office; or
     (C) If the office is closed or the person
to be served has no office, leaving it at the personÂ’s dwelling house or usual
place of abode with a person who is over 14 years of age and who resides at the
dwelling house or usual place of abode.
     (b) A party who has appeared without
providing an appropriate address for service may be served by placing a copy of
the paper required to be served in the court file. Service by mail is complete
upon mailing. Service of any notice or other paper to bring a party into
contempt may only be upon such party personally.
     (3) When a petition is filed under
subsection (1) of this section alleging that a child who is a foreign national
is within the jurisdiction of the court, or when a motion is filed requesting
implementation of a plan other than return of a ward to the wardÂ’s parent, a
copy of the petition or motion shall be served on the consulate for the child
or wardÂ’s country.
     (4) All papers required to be served upon
a party under subsection (1) of this section must be filed with the court
within a reasonable time after service. Except as otherwise provided in ORS
419B.812 to 419B.839 and 419B.845, proof of service of all papers required or
permitted to be served may be by written acknowledgment of service, by an
affidavit of the person making service or by a certificate of an attorney.
Proof of service may be made upon the papers served or as a separate document
attached to the papers. When service is made by facsimile communication device,
proof of service must be made by an affidavit of the person making service or
by a certificate of an attorney. The printed confirmation of receipt of the
message generated by the facsimile machine must be attached to the affidavit or
certificate.
     (5) The filing of any papers with the
court must be made by filing them with the clerk of the court or the person
exercising the duties of that office. The clerk or the person exercising the
duties of that office shall indorse the time of day, day of the month, month
and year upon the paper. The clerk or person exercising the duties of that office
is not required to receive any paper for filing unless:
     (a) The contents of the paper are legible;
and
     (b) All of the following are legibly
indorsed on the front of the paper:
     (A) The name of the court;
     (B) The title of the cause and the paper;
     (C) The names of the parties; and
     (D) If there is one, the name of the
attorney for the parties requesting filing.
     (6) Whenever under ORS 419B.800 to
419B.929 service is required or permitted to be made upon a party and that
party is represented by an attorney, the service may be made upon the attorney
by means of a facsimile if the attorney maintains such a device at the attorneyÂ’s
office and the device is operating at the time service is made. [2001 c.622 §15;
2003 c.143 §5; 2003 c.396 §34b]
     419B.854
Computing statutory time periods. (1) In computing any period of time prescribed or allowed by any
applicable statute, by the local rules of any court or by order of court, the
day of the act or event from which the designated period of time begins to run
is not included. The last day of the period so computed is included, unless it
is a Saturday or legal holiday, in which event the period runs until the end of
the next day that is not a Saturday or a legal holiday. If the period of time
relates to serving a public officer or filing a document at a public office and
if the last day falls on a day when that particular office is closed before the
end of or for all of the normal work day, the last day is excluded in computing
the period of time, in which event the period runs until the close of office
hours on the next day the office is open for business. When the period of time
prescribed or allowed, without including the extra time allowed by subsection
(2) of this section, is less than seven days, intermediate Saturdays and legal
holidays are excluded in the computation. As used in this subsection, a “legal
holiday” means a day described in ORS 187.010 or 187.020.
     (2) Except for service of summons,
whenever a party has the right or is required to do some act within a
prescribed period after the service of a notice or other paper upon the party
and the notice or paper is served by mail, three days are added to the
prescribed period. [2001 c.622 §16]
     419B.857
Pleadings; construction. (1)
All petitions, answers, motions and other papers must be liberally construed
with a view of substantial justice between the parties.
     (2) In every stage of an action, the court
shall disregard an error or defect in a petition, answer, motion, other paper
or proceeding that does not affect the substantial rights of the adverse party.
[2001 c.622 §17]
     419B.860
Motions. (1) An application
for an order is a motion. Unless a motion is made in court, the motion must be
in writing, state with particularity the factual and legal grounds for the
motion and set forth the relief or order sought.
     (2) ORS 419B.863 and 419B.866 and any
local rules of any court applicable to captions, signing and other matters of
form of petitions and answers apply to all motions and other papers provided
for by ORS 419B.800 to 419B.929. [2001 c.622 §18]
     419B.863
Pleadings; captions. (1)
Every petition, answer, motion or other paper must contain a caption setting
forth the name of the court, the title of the action and the register number of
the case.
     (2) When a party does not know the name of
another party and alleges that lack of knowledge in a petition, answer, motion
or other paper, the other party may be designated by any name. When the other
partyÂ’s true name is discovered, the process and all petitions, answers,
motions, other papers and proceedings in the case may be amended by
substituting the true name. [2001 c.622 §19]
     419B.866
Signing pleadings required; effect of signing or not signing. (1) If a party is represented by an
attorney, every answer, motion and other paper of the party must be signed by
an attorney of record who is an active member of the Oregon State Bar. If a
party is not represented by an attorney, the party shall sign the petition,
answer, motion or other paper and state the address of the party. Only
petitions need be verified. Motions must be accompanied by an affidavit unless
the parties agree otherwise.
     (2) If a petition, answer, motion or other
paper is not signed, it must be stricken unless it is signed promptly after the
omission is called to the attention of the pleader or movant.
     (3)(a) Except as otherwise provided in
paragraph (d) of this subsection, by signing, filing or otherwise submitting an
argument in support of a petition, answer, motion or other paper, an attorney
or party makes the certifications to the court identified in paragraphs (b),
(c) and (d) of this subsection and further certifies that the certifications
are based on the personÂ’s reasonable knowledge, information and belief formed
after the making of any inquiry that is reasonable under the circumstances.
     (b) A party or attorney certifies that the
petition, answer, motion or other paper is not being presented for any improper
purpose including, but not limited to, harassing or causing unnecessary delay or
needless increase in the cost of litigation.
     (c) An attorney certifies that the claims
and other legal positions taken in the petition, answer, motion or other paper
are warranted by existing law or by a nonfrivolous argument for the extension,
modification or reversal of existing law or the establishment of new law.
     (d) A party or attorney certifies that the
allegations and other factual assertions in the petition, answer, motion or
other paper are supported by evidence. An allegation or other factual assertion
that the party or attorney does not wish to certify is supported by evidence
must be specifically identified. The party or attorney certifies that the party
or attorney reasonably believes that an allegation or other factual assertion
so identified will be supported by evidence after further investigation and
discovery. [2001 c.622 §20]
     419B.869
Responding to pleadings; time limit. (1) No later than 30 days after a petition alleging jurisdiction under
ORS 419B.100 is filed, each party about whom allegations have been made shall
admit or deny the allegations. Unless the court specifies how admissions or
denials are to be made pursuant to ORS 419B.800, admissions and denials may be
made orally in court or in writing.
     (2) Allegations in a petition that are not
admitted or denied are denied. [2001 c.622 §21]
     419B.872
Amendment of pleadings. (1)
A petition, answer, motion or other paper may be amended by a party within a
reasonable time before an adjudication on the petition, answer, motion or other
paper. Whenever an amended petition, answer, motion or other paper is filed, it
shall be served upon all parties. When the interests of justice require
additional time to prepare, due to the amendments to the petition, answer,
motion or other paper, the court shall grant such additional time as is
reasonable.
     (2) The court, on motion of an interested
party or on its own motion, may at any time direct that the petition be
amended. If the amendment results in a substantial departure from the facts
originally alleged, the court shall grant such continuance as the interests of
justice may require. [Formerly 419B.245]
     419B.875
Parties to proceedings; rights of limited participation; status of grandparents;
interpreters. (1)(a) Parties
to proceedings in the juvenile court under ORS 419B.100 and 419B.500 are:
     (A) The child or ward;
     (B) The parents or guardian of the child
or ward;
     (C) A putative father of the child or ward
who has demonstrated a direct and significant commitment to the child or ward
by assuming, or attempting to assume, responsibilities normally associated with
parenthood, including but not limited to:
     (i) Residing with the child or ward;
     (ii) Contributing to the financial support
of the child or ward; or
     (iii) Establishing psychological ties with
the child or ward;
     (D) The state;
     (E) The juvenile department;
     (F) A court appointed special advocate, if
appointed;
     (G) The Department of Human Services or
other child-caring agency if the agency has temporary custody of the child or
ward; and
     (H) The tribe in cases subject to the
Indian Child Welfare Act if the tribe has intervened pursuant to the Indian
Child Welfare Act.
     (b) An intervenor who is granted
intervention under ORS 419B.116 is a party to a proceeding under ORS 419B.100.
An intervenor under this paragraph is not a party to a proceeding under ORS
419B.500.
     (2) The rights of the parties include, but
are not limited to:
     (a) The right to notice of the proceeding
and copies of the petitions, answers, motions and other papers;
     (b) The right to appear with counsel and,
except for intervenors under subsection (1)(b) of this section, to have counsel
appointed as otherwise provided by law;
     (c) The right to call witnesses,
cross-examine witnesses and participate in hearings;
     (d) The right of appeal; and
     (e) The right to request a hearing.
     (3) A putative father who satisfies the
criteria set out in subsection (1)(a)(C) of this section shall be treated as a
parent, as that term is used in this chapter and ORS chapters 419A and 419C,
until the court confirms his paternity or finds that he is not the legal or
biological father of the child or ward.
     (4) If no appeal from the judgment or
order is pending, a putative father whom a court of competent jurisdiction has
found not to be the child or wardÂ’s legal or biological father or who has filed
a petition for filiation that was dismissed is not a party under subsection (1)
of this section.
     (5)(a) A person granted rights of limited
participation under ORS 419B.116 is not a party to a proceeding under ORS
419B.100 or 419B.500 but has only those rights specified in the order granting
rights of limited participation.
     (b) Persons moving for or granted rights
of limited participation are not entitled to appointed counsel but may appear
with retained counsel.
     (6) If a foster parent, preadoptive parent
or relative is currently providing care for a child or ward, the Department of
Human Services shall give the foster parent, preadoptive parent or relative
notice of a proceeding concerning the child or ward. A foster parent,
preadoptive parent or relative providing care for a child or ward has the right
to be heard at the proceeding. Except when allowed to intervene, the foster
parent, preadoptive parent or relative providing care for the child or ward is
not considered a party to the juvenile court proceeding solely because of
notice and the right to be heard at the proceeding.
     (7) When a legal grandparent of a child or
ward requests in writing and provides a mailing address, the Department of
Human Services shall give the legal grandparent notice of a hearing concerning
the child or ward and the court shall give the legal grandparent an opportunity
to be heard. Except when allowed to intervene, a legal grandparent is not
considered a party to the juvenile court proceeding solely because of notice
and an opportunity to be heard.
     (8) Interpreters for parties and persons
granted rights of limited participation shall be appointed in the manner
specified by ORS 45.275 and 45.285. [Formerly 419B.115; 2003 c.231 §§1,2; 2003
c.396 §§93a,94a; 2005 c.160 §4; 2005 c.450 §8; 2007 c.454 §11; 2007 c.611 §9]
     419B.878
Applicability of Indian Child Welfare Act. When a court conducts a hearing, the court shall inquire whether a
child is an Indian child subject to the Indian Child Welfare Act. If the court
knows or has reason to know that an Indian child is involved, the court shall
enter an order requiring the Department of Human Services to notify the Indian
childÂ’s tribe of the pending proceedings and of the tribeÂ’s right to intervene
and shall enter an order that the case be treated as an Indian Child Welfare
Act case until such time as the court determines that the case is not an Indian
Child Welfare Act case. [2001 c.622 §22]
     419B.881
Disclosure; scope; when required; exceptions; breach of duty to disclose.(1) In all proceedings brought under ORS
419B.100 or 419B.500, each party, including the state, shall disclose to each
other party and to a guardian ad litem appointed under ORS 419B.231 the
following information and material within the possession or under the control
of the party:
     (a) The names and addresses of all persons
the party intends to call as witnesses at any stage of the hearing, together
with any relevant written or recorded statements or memoranda of any oral
statements of such persons;
     (b) Any written or recorded statements or
memoranda of any oral statements made either by the parent or by the child to
any other party or agent for any other party;
     (c) Any reports or statements of experts
who will be called as witnesses, including the results of any physical or
mental examinations and of comparisons or experiments that the party intends to
offer in evidence at the hearing; and
     (d) Any books, papers, documents or
photographs that the party intends to offer in evidence at the hearing, or that
were obtained from or belong to any other party.
     (2)(a) Disclosure shall be made as soon as
practicable following the filing of a petition and no later than:
     (A) Thirty days after a petition alleging
jurisdiction has been filed.
     (B) Three days before any review hearing,
except for information received or discovered less than three days prior to the
hearing.
     (C) Ten days before a termination trial,
except for information received or discovered less than 10 days prior to the
trial.
     (b) The court may supervise the exercise
of discovery to the extent necessary to insure that it proceeds properly and
expeditiously.
     (3) The obligation to disclose is an
ongoing obligation and if a party finds, either before or during the hearing,
additional material or information that is subject to disclosure, the
information or material shall be promptly disclosed.
     (4) The following material and information
need not be disclosed:
     (a) Attorney work product; and
     (b) Transcripts, recordings or memoranda
of testimony of witnesses before the grand jury, except transcripts or
recordings of testimony of a party to the current juvenile court proceeding.
     (5) Upon a showing of good cause, the
court may at any time order that specified disclosure be denied, restricted or
deferred or make such other order as is appropriate.
     (6) Upon request of a party, the court may
permit a showing of good cause for denial or regulation of disclosure by the
parties or the contents of subpoenaed materials, or portion of the showing, to
be made in camera. A record shall be made of the proceeding.
     (7) If the court enters an order following
an in camera showing, the entire record of the showing shall be sealed and
preserved in the records of the court, to be made available to the appellate
court in the event of an appeal. The trial court may, after disposition, unseal
the record.
     (8) When some parts of certain material
are subject to disclosure and other parts are not, as much of the material as
is subject to disclosure shall be disclosed.
     (9) Upon being notified of any breach of a
duty to disclose material or information, the court may:
     (a) Order the violating party to permit
inspection of the material;
     (b) Grant a continuance;
     (c) Refuse to permit the witness to
testify;
     (d) Refuse to receive in evidence the
material that was not disclosed; or
     (e) Enter such other order as the court
considers appropriate. [Formerly 419B.300; 2005 c.450 §9]
     419B.884
Depositions; procedure. (1)
After the commencement of a proceeding under ORS 419B.100 or 419B.500, a party
may move the court for an order allowing a deposition to be taken to perpetuate
the testimony of a witness who is:
     (a) Outside the jurisdiction of, or
otherwise not subject to the process of, the court; or
     (b) Unable to attend because of age,
sickness, infirmity, imprisonment or undue hardship.
     (2) The affidavit in support of the motion
to take a deposition to perpetuate testimony, in addition to setting forth the
reasons described in subsection (1)(a) and (b) of this section, shall also set
forth:
     (a) The reasons why the testimony of the
witness sought to be deposed cannot be taken by telephone at the time of the
hearing;
     (b) Where the deposition is to be taken;
     (c) The manner of recording the deposition;
and
     (d) A brief statement of the substance of
the testimony that the witness is expected to give.
     (3) If the court finds that taking a
deposition will best promote the just, speedy and inexpensive resolution of one
or more issues in the proceeding or that taking a deposition is necessary to
meet the requirements of due process, the court shall grant the motion.
     (4) If the motion is granted, the court
may, in its discretion, set conditions regarding the time, place and method of
taking the deposition. [Formerly 419B.315]
     419B.887
Objections at depositions; effect of failure to make timely objection; errors
and irregularities in transcript preparation. (1) As used in this section, “deposition” means a deposition taken
under ORS 419B.884.
     (2) Objections to the competency of a
witness or to the competency, relevancy, or materiality of testimony are not
waived by failure to make them before or during the taking of a deposition
unless the ground for the objection is one that might have been obviated or removed
if presented before or during the taking of the deposition.
     (3) Unless seasonable objection is made at
the time the deposition is taken, the following are waived:
     (a) Errors and irregularities occurring at
the oral examination in the manner of taking the deposition, in the form of the
questions or answers, in the oath or affirmation or in the conduct of the
parties; and
     (b) Errors of any kind that might be
obviated, removed or cured if promptly presented.
     (4) Unless a motion to suppress the deposition
or some part of the deposition is made with reasonable promptness after the
error or irregularity is, or with due diligence might have been, ascertained,
errors and irregularities in the manner in which the testimony is transcribed
or the deposition is prepared, signed, certified, sealed, indorsed, transmitted
and filed are waived. [2001 c.622 §23]
     419B.890
Dismissal of petition at end of petitionerÂ’s case; settlement conference. (1) After the proponent of the petition has
completed the presentation of evidence, any other party, without waiving the
right to offer evidence in the event the motion is not granted, may move for
dismissal of any or all of the allegations of the petition on the ground that
upon the facts and the law the proponent of the petition has failed to prove
the allegations or, if proven, the allegations do not constitute a legal basis
for the relief sought by the petition. The court may order dismissal of the
petition or one or more of the allegations of the petition, or the court may
decline to render any order until the close of all the evidence.
     (2) Unless the court in its judgment of
dismissal otherwise specifies, a dismissal under this section operates as an
adjudication without prejudice.
     (3) At any time at the request of a party
or upon the courtÂ’s own motion, the court may order a settlement conference or,
if funds are available for a mediator, mediation. [2001 c.622 §24]
     419B.893
Subpoenas generally. (1) A
subpoena is a writ or an order directed to a person and may require the
attendance of the person at a particular time and place to testify as a witness
on behalf of a particular party mentioned in the subpoena or may require the
person to produce books, papers, documents or other tangible things and permit
inspection of them at a particular time and place. A subpoena may be for a
trial, a hearing of any kind or a deposition under ORS 419B.884. A subpoena
requiring attendance to testify as a witness requires that the witness remain
until the testimony is closed unless sooner discharged, but at the end of each
dayÂ’s attendance a witness may demand of the party, or the partyÂ’s attorney,
the payment of legal witness fees for the next following day and if not then
paid, the witness is not obliged to remain longer in attendance. Every subpoena
must state the name of the court and the title of the action.
     (2) Any party may have compulsory
attendance of witnesses or the compulsory production of records. [2001 c.622 §25;
2003 c.14 §227]
     419B.896
Subpoena for production of books, papers, documents and other tangible things. A subpoena may command the person to whom it
is directed to produce and permit inspection and copying, at the time and place
specified in the subpoena, of designated books, papers, documents or other
tangible things in the possession, custody or control of the person. A command
to produce books, papers, documents or other tangible things and permit
inspection of them may be joined with a command to appear at trial or hearing
or, if the books, papers, documents or other tangible things are to be produced
before trial, the command may be issued separately. A person commanded to
produce and permit inspection and copying of designated books, papers,
documents or other tangible things but not commanded to also appear for
deposition under ORS 419B.884, hearing or trial may, within 14 days after
service of the subpoena or before the time specified for compliance if such
time is less than 14 days after service, serve upon the party or attorney
designated in the subpoena written objection to inspection or copying of any or
all of the designated materials. If objection is made, the party serving the
subpoena may not inspect and copy the materials except pursuant to an order of
the court in whose name the subpoena was issued. If objection has been made,
the party serving the subpoena, upon notice to the person commanded to produce,
may move for an order to compel production. When a subpoena commands production
of books, papers, documents or other tangible things, the court, upon motion
made promptly and in any event at or before the time specified in the subpoena
for compliance with the subpoena, may:
     (1) Quash or modify the subpoena if it is
unreasonable and oppressive; or
     (2) Condition denial of the motion upon
the advancement by the person in whose behalf the subpoena is issued of the
reasonable cost of producing the books, papers, documents or other tangible
things. [2001 c.622 §26; 2003 c.14 §228]
     419B.899
Issuance of subpoena. (1) A
subpoena may be issued:
     (a) To require attendance before a court,
at the trial of an issue in a court or, if separate from a subpoena commanding
the attendance of a person, to produce and permit inspection of books, papers,
documents or other tangible things. A subpoena may be issued under this
paragraph:
     (A) In blank by the clerk of the court in
which the action is pending or, if there is no clerk, by a judge or justice of
the court; or
     (B) By an attorney of record of the party
to the action in whose behalf the witness is required to appear, subscribed by
the signature of the attorney.
     (b) To require attendance at a deposition
authorized under ORS 419B.884.
     (c) To require attendance out of court in
cases not provided for in paragraph (a) of this subsection, before a judge,
justice or other officer authorized to administer oaths or take testimony in
any matter under the laws of this state. A subpoena may be issued under this
paragraph by the judge, justice or other officer before whom the attendance is
required.
     (2) Upon the request of a party or
attorney, any subpoena issued by a clerk of court may be issued in blank and
delivered to the party or attorney requesting it, who must fill it in before
service.
     (3) A subpoena to produce and permit
inspection of records of a person who is not a party to the action must be
served on the person and, if the person is represented, the personÂ’s attorney
at least 10 days before the subpoena is served on the keeper or custodian of
the records. [2001 c.622 §27; 2003 c.14 §229]
     419B.902
Service of subpoena. (1) A
subpoena may be served by the party or any other person 18 years of age or
older. Except as provided in subsections (2), (3) and (4) of this section, the
service must be made by delivering a copy to the witness personally. The
service must be made so as to allow the witness a reasonable time for
preparation and travel to the place of attendance. If the subpoena is not
accompanied by a command to appear at trial, hearing or deposition under ORS
419B.884, whether the subpoena is served personally or by mail, copies of a
subpoena commanding production and inspection of books, papers, documents or
other tangible things before trial must be served on each party at least seven
days before the subpoena is served on the person required to produce and permit
inspection, unless the court orders a shorter period.
     (2)(a) A law enforcement agency shall
designate an individual upon whom service of a subpoena may be made. A
designated individual must be available during normal business hours. In the
absence of a designated individual, service of a subpoena under paragraph (b)
of this subsection may be made upon the officer in charge of the law
enforcement agency.
     (b) If a peace officer’s attendance at
trial is required as a result of employment as a peace officer, a subpoena may
be served on the officer by delivering a copy personally to the officer or to
an individual designated by the agency that employs the officer no later than
10 days prior to the date attendance is sought. A subpoena may be served in this
manner only if the officer is currently employed as a peace officer and is
present within the state at the time of service.
     (c) When a subpoena has been served as
provided in paragraph (b) of this subsection, the law enforcement agency shall
make a good faith effort to give actual notice to the officer whose attendance
is sought of the date, time and location of the court appearance. If the
officer cannot be notified, the law enforcement agency shall promptly notify
the court and a postponement or continuance may be granted to allow the officer
to be personally served.
     (d) As used in this subsection, “law
enforcement agency” means the Oregon State Police, a county sheriff’s
department or a municipal police department.
     (3) Under the following circumstances,
service of a subpoena to a witness by mail has the same legal force and effect
as personal service:
     (a) The attorney mailing the subpoena
certifies in connection with or upon the return of service that the attorney,
or the attorneyÂ’s agent, has had personal or telephone contact with the witness
and the witness indicated a willingness to appear at trial if subpoenaed; or
     (b) The subpoena was mailed to the witness
more than five days before trial by certified mail or some other designation of
mail that provides a receipt for the mail signed by the recipient and the
attorney received a return receipt signed by the witness prior to trial.
     (4) Service of subpoena by mail may be
used for a subpoena commanding production of books, papers, documents or other
tangible things that is not accompanied by a command to appear at trial or
hearing or at a deposition under ORS 419B.884.
     (5) Proof of service of a subpoena is made
in the same manner as proof of service of a summons except that the server is
not required to certify that the server is not a party in the action or an
attorney for a party in the action. [2001 c.622 §28; 2003 c.14 §230]
     419B.905
Subpoena of incarcerated witness. If a witness is confined in a prison or jail in this state, a subpoena
may be served on the witness and attendance of the witness may be compelled.
The subpoena and court order must be served upon the custodian of the witness.
The court may order:
     (1) Temporary removal and production of
the witness for the purpose of giving testimony;
     (2) That the witness be allowed to testify
by telephone or closed-circuit television; or
     (3) That the testimony of the witness be
taken by deposition under ORS 419B.884 at the place of confinement. [2001 c.622
§29]
     419B.908
Witness fees; payment. Witnesses
subpoenaed to give testimony shall receive the same fees as are paid in
criminal cases. Except as provided by this section, responsibility for the per
diem and mileage fees of any witness, and travel expenses if so ordered by the
court, shall be borne by the party who subpoenas the witness or requests the
court to subpoena the witness. If the witness was subpoenaed by more than one
party, the witness shall be paid by the party who first subpoenas the witness.
The court may then, thereafter, order that the costs be distributed equally
among all parties who subpoenaed the witness and that the original payor of the
costs be reimbursed accordingly. When the witness has been subpoenaed on behalf
of a party who is represented by appointed counsel, the fees and costs allowed
for that witness shall be paid pursuant to ORS 135.055. [Formerly 419B.320]
     419B.911
Failure to obey subpoena.
Disobedience to a subpoena or a refusal to be sworn or answer as a witness is
punishable as contempt by the court before whom the action is pending or by the
judge or justice issuing the subpoena. [2001 c.622 §30]
     419B.914
Proceeding when person entitled to service is not summoned and is not before
court. If the child or ward
is before the court, the court has the power to proceed with the case without
service upon those entitled to service under ORS 419B.812 to 419B.839 if
diligent efforts have failed to reveal the identity or the whereabouts of the
person, except that:
     (1) No order entered pursuant to ORS
419B.500, 419B.502, 419B.504, 419B.506 and 419B.508 may be entered unless ORS
419B.518, 419B.521, 419B.524 and 419B.812 to 419B.839 are complied with.
     (2) No order for support as provided in
ORS 419B.400, 419B.402, 419B.404 and 419B.406 may be entered against a person
unless that person is served as provided in ORS 419B.812 to 419B.839. [Formerly
419B.285; 2003 c.396 §95]
     419B.917 [2001 c.622 §31; repealed by 2003 c.205 §12
(419B.918 enacted in lieu of 419B.917)]
     419B.918
Manner of appearance. (1)
Notwithstanding ORS 419B.815, 419B.816, 419B.819 and 419B.820, on timely
written motion of a person showing good cause, a court may permit the person,
instead of appearing personally, to participate in any hearing related to a
petition alleging jurisdiction under ORS 419B.100, a petition to establish a
permanent guardianship under ORS 419B.365 or a petition seeking termination of
parental rights under ORS 419B.500, 419B.502, 419B.504, 419B.506 or 419B.508 in
any manner that complies with the requirements of due process including, but
not limited to, telephonic or other electronic means.
     (2) If a person who is summoned or ordered
to appear under ORS 419B.815, 419B.816, 419B.819 or 419B.820 seeks to
reschedule any hearing at which the person is required to appear, the person
must:
     (a) Appear personally at the time
specified in the summons or order to request the change; or
     (b) Include in the person’s written motion
requesting the change the personÂ’s current mailing address, to which the court
may send notice of the new date for the hearing if the motion is granted.
     (3) In any proceeding that involves the
interstate placement of a child or ward, the court may:
     (a) Permit a party from outside this state
to provide information, testify or otherwise participate in the proceeding in
any manner the court designates, provided the party complies with subsection
(1) of this section, if applicable;
     (b) Permit an attorney from outside this
state representing any party to participate in the proceeding in any manner the
court designates; and
     (c) Obtain information or testimony in any
manner the court designates from a state or private agency located in another
state. [2003 c.205 §13 (enacted in lieu of 419B.917); 2007 c.497 §9; 2007 c.611
§10]
     419B.920
New hearings. If it appears
to the court that a person required to be summoned under ORS 419B.812 to
419B.839 was not served as required by ORS 419B.812 to 419B.839 or was served
on such short notice that the person did not have a reasonable opportunity to
appear at the time fixed, upon motion of the person, the court shall reopen the
case for full consideration. A motion for a new hearing must be made not later
than 10 days after entry of the order for which a new hearing is sought. [2001
c.622 §32]
     419B.923
Modifying or setting aside order or judgment. (1) Except as otherwise provided in this section, on motion and such
notice and hearing as the court may direct, the court may modify or set aside
any order or judgment made by it. Reasons for modifying or setting aside an
order or judgment include, but are not limited to:
     (a) Clerical mistakes in judgments, orders
or other parts of the record and errors in the order or judgment arising from
oversight or omission. These mistakes and errors may be corrected by the court
at any time on its own motion or on the motion of a party and after notice as
the court orders to all parties who have appeared. During the pendency of an
appeal, an order or judgment may be corrected as provided in subsection (7) of
this section.
     (b) Excusable neglect.
     (c) Newly discovered evidence that by due
diligence could not have been discovered in time to present it at the hearing
from which the order or judgment issued.
     (2) A motion to modify or set aside an
order or judgment or request a new hearing must be accompanied by an affidavit
that states with reasonable particularity the facts and legal basis for the
motion.
     (3) A motion to modify or set aside an
order or judgment must be made within a reasonable time except no order or
judgment pursuant to ORS 419B.527 may be set aside or modified during the
pendency of a proceeding for the adoption of the ward, nor after a petition for
adoption has been granted.
     (4) Except as provided in subsection (6)
of this section, notice and a hearing as provided in ORS 419B.195, 419B.198,
419B.201, 419B.205, 419B.208, 419B.310, 419B.325 and 419B.893 must be provided
in any case when the effect of modifying or setting aside the order or judgment
will or may be to deprive a parent of the legal custody of the child or ward,
to place the child or ward in an institution or agency or to transfer the child
or ward from one institution or agency to another. The provisions of this
subsection do not apply to a parent whose rights have been terminated under ORS
419B.500 to 419B.524 or whose child has been permanently committed by order or
judgment of the court unless an appeal from the order or judgment is pending.
     (5) When an Indian child is involved,
notice must be provided as required under the Indian Child Welfare Act.
     (6) Except when the child or ward is an
Indian child, notice and a hearing are not required when the effect of
modifying or setting aside the order or judgment will be to transfer the child
or ward from one foster home to another.
     (7) A motion under subsection (1) of this
section may be filed with and decided by the trial court during the time an
appeal from a judgment is pending before an appellate court. The moving party
shall serve a copy of the motion on the appellate court. The moving party shall
file a copy of the trial courtÂ’s order or judgment in the appellate court
within seven days of the date of the trial court order or judgment. Any
necessary modification of the appeal required by the court order or judgment
must be pursuant to rule of the appellate court.
     (8) This section does not limit the
inherent power of a court to modify an order or judgment within a reasonable
time or the power of a court to set aside an order or judgment for fraud upon
the court. [2001 c.622 §33; 2003 c.396 §97]
     419B.926
Stay of order or judgment pending appeal. (1) On its own motion or on the motion of a party, the court may stay
the effect of any order or judgment made by it pending appeal as provided in
ORS 19.335, 19.340 and 19.350 or other provision of law.
     (2) This section does not limit the right
of a party to a stay otherwise provided for by law. [2001 c.622 §34]
     419B.929
Enforcement of certain orders and judgments. A court may enforce an order or judgment directing a party to perform
a specific act by punishing the party refusing or neglecting to comply with the
order or judgment, as for a contempt as provided in ORS 33.015 to 33.155. [2001
c.622 §35]
MISCELLANEOUS
     419B.950
Educational program regarding federal and state adoption and child welfare laws;
establishment; purpose. The State
Court Administrator shall establish a statewide program to educate judges who
hear dependency cases under ORS chapter 419B about federal and state adoption
and child welfare laws. The program shall include continuing legal education
concerning changes in federal and state laws. The purpose of the program is to
ensure that judges are knowledgeable about current adoption and child welfare
laws, so that they may make decisions as to the best interests of a child. To
that end, the State Court Administrator shall:
     (1) Establish a program administering
continuing legal education for judges who hear dependency cases under ORS
chapter 419B.
     (2) Conduct seminars for judges who hear
dependency cases under ORS chapter 419B.
     (3) Identify family law resources in the
public and private sectors to administer continuing legal education on current
adoption and child welfare laws. [1997 c.593 §1]
     Note: 419B.950 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 419B or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
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