Oregon Revised Statutes
As used in ORS 419B.005 to 419B.050, unless the context requires otherwise: “Abuse” means: Any assault, as defined in ORS chapter 163, of a child and any physical injury to a child that has been caused by other than accidental means, including any injury that appears to be at variance with the explanation given of the injury. Any mental injury to a child,…
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 interes…
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 419…
A person making a voluntary report of child abuse shall make an oral report to the Department of Human Services by telephone to the child abuse reporting hotline described in ORS 418.190 or to a law enforcement agency within the county where the person making the report is located at the time of the contact. A person making a report of child abuse that is re…
A person commits the offense of making a false report of child abuse if, with the intent to influence a custody, parenting time, visitation or child support decision, the person: Makes a false report of child abuse to the Department of Human Services or a law enforcement agency, knowing that the report is false; or With the intent that a public or private …
The Department of Human Services shall adopt rules establishing: The time within which the notification required by ORS 419B.015 (1)(b) must be made. At a minimum, the rules shall: Establish which reports of child abuse require notification within 24 hours after receipt; Provide that all other reports of child abuse require notification within 10 days aft…
As used in this section: “Agent” means a person who: Acts as an agent for an education provider in a manner that requires the person to have direct, unsupervised contact with children; and Interacts with a child because of the person’s status as an agent for an education provider. “Contractor” means a person who: Provides services to an education provid…
If the Department of Human Services or a law enforcement agency receives a report of child abuse, the department or the agency shall immediately: Cause an investigation to be made to determine the nature and cause of the abuse of the child; and Make the following notifications: To the Department of Early Learning and Care if the alleged child abuse occurr…
Except as provided in subsection (2) of this section, a person who conducts an investigation under ORS 419B.020, makes a determination that a child must be taken into protective custody under ORS 419B.150 or 419B.152 or makes a determination that a child should not be released to the child’s parent or other responsible person under ORS 419B.165 (1)(b) must h…
As used in this section: “Designated medical professional” means the person described in ORS 418.747 (9) or the person’s designee. “Medical assessment” has the meaning given that term in ORS 418.782. “Suspicious physical injury” includes, but is not limited to: Burns or scalds; Extensive bruising or abrasions on any part of the body; Bruising, swelling…
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 partici…
An investigation conducted under ORS 419B.020 must conclude in one of the following findings: That the report of child abuse is founded; That the report of child abuse is unfounded; or That the report of child abuse cannot be determined. All investigations conducted under ORS 419B.020 must be conducted in accordance with ORS 419B.005 to 419B.050 and resu…
Whenever an investigation conducted under ORS 419B.020 results in a notice of founded disposition being delivered to the person identified as the perpetrator in the founded disposition, the notice must also be provided to the person’s attorney, if applicable. [2023 c.188 §1] Note: 419B.027 was enacted into law by the Legislative Assembly but was not added t…
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 child’s condition at the time of the investigation. Photographs of the anal or genital region may be taken only by medical …
In connection with an investigation under ORS 419B.020, the Director of Human Services may by subpoena compel the production of documents and records, including audio records, video records, photographs and student records, that the director deems relevant or material to the investigation. Note: 419B.029 was enacted into law by the Legislative Assembly but …
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 child’s condition was the result of abuse even if the cause remains unknown. Each registry shall contain current …
Notwithstanding the provisions of ORS 192.001 to 192.170, 192.210 to 192.478 and 192.610 to 192.810 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 secti…
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 regulated social workers and the spousal privilege, shall not be a ground for excluding evidence regarding a child’s abuse, or …
The Department of Human Services or a law enforcement agency has the authority to conduct an investigation, on school premises, of a report of child abuse. When an investigation of a report of child abuse is conducted on school premises, the school administrator shall first be notified that the investigation is to take place, unless the school administrator…
Upon notice by a law enforcement agency, the Department of Human Services, a member agency of a county child abuse multidisciplinary team or a member of a county child abuse multidisciplinary 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 a…
The Attorney General may bring an action in a circuit court for a citation or a stalking protective order under ORS 30.866 or 163.730 to 163.750 on behalf of an employee of the Department of Human Services who, because of being involved in the conduct described in subsection (3) of this section, is the subject of repeated and unwanted contact by another pers…
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.” It is the policy of the State of Oregon to recognize that children are individuals who have le…
Except as otherwise provided in subsection (5) 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: Who is beyond the control of the person’s parents, guardian or other person having custody of the person; Whose behavior is such as to endanger the welfare of…
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.
In every case under ORS chapter 419B, the court shall appoint a court appointed special advocate. The court appointed special advocate is deemed a party in these proceedings and may be represented by counsel, file pleadings and request hearings and may subpoena, examine and cross-examine witnesses. If the court appointed special advocate is represented by co…
As used in this section, “caregiver relationship” means a relationship between a person and a child or ward: That has existed: For the 12 months immediately preceding the initiation of the dependency proceeding; For at least six months during the dependency proceeding; or For half of the child or ward’s life if the child or ward is less than six months o…
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: 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 stat…
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. If the proceeding is based on all…
As used in this section, “home state” and “out-of-state runaway” have the meanings given those terms in ORS 419C.156. Notwithstanding any provisions in ORS chapter 419A, 419B or 419C prohibiting the detention of children or wards, if the court determines that a child or ward is an out-of-state runaway, the court may place the out-of-state runaway in a place…
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 to transfer the proceeding to the juvenile court of…
A court, on its own motion or on the motion of a party made at any time prior to disposition, shall transfer a proceeding to the court of the county where a child resides if the proceeding was initiated in a court of a county other than the county where the child resides. A court, on its own motion or on the motion of a party made at any time during the pro…
When 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 when it will facilitate …
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: The court may: Conduct a hearing into the facts alleged…
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…
As used in this section: “Abuse” has the meaning given that term in ORS 419B.005. “Reasonable cause” means a subjectively and objectively reasonable belief, given all of the circumstances and based on specific and articulable facts. “Severe harm” means: Life-threatening damage; or Significant or acute injury to a person’s physical, sexual or psychologic…
If it reasonably appears that a child is a runaway, the 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. When a child is taken into protective custody as a runaway under subsection (1) of this …
Protective custody shall not be deemed an arrest so far as the child is concerned. A peace officer taking a child into protective custody has all the privileges and immunities of a peace officer making an arrest.
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.
A child or ward taken into protective custody may not be placed in detention except as provided in ORS chapter 419C for a person over whom the juvenile court has jurisdiction under ORS 419C.005. Except as provided in ORS 419C.130, a child or ward may not be held at any time in a police station, jail, prison or other place where adults are held, except that …
Subject to subsection (2) of this section, the person taking the child into protective custody shall release the child to the custody of the child’s parent or other responsible person in this state, except in the following cases: Where the court has issued an order directing that the child be taken into protective custody. Where the person taking the child…
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 protective custody shall, without unnecessary delay, do one of the following: Take the child before the court o…
Except where the child is taken into protective custody pursuant to an order of the court, the person taking the child into protective custody shall promptly file with the court or a counselor a brief written report stating all of the following: The child’s name, age and address. The name and address of the person having legal or physical custody of the ch…
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 protective custody of a child or has authority to effect disposition of…
The juvenile court of each county shall designate the place or places in which children are to be placed in shelter care when taken into protective custody.
A child or ward may not be held in shelter care more than 24 hours, excluding Saturdays, Sundays and judicial holidays, except on order of the court made pursuant to a hearing.
When a child or ward is taken, or is about to be taken, into protective custody pursuant to ORS 419B.150, 419B.152, 419B.160, 419B.165, 419B.168 or 419B.171 and placed in 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 t…
(Placement of Child or Ward)
As used in this section: “Caregiver relationship” has the meaning given that term in ORS 419B.116. “Placement” includes adoptive placement of a child or ward, selection of a guardian for a child or ward or placement or continuation of placement of a child or ward in substitute care. If the court finds that a child or ward is in need of placement, there sh…
If the Department of Human Services places a child or ward in substitute care, the department shall immediately begin searching for potential substitute care placements from among the relatives of the child or ward. If the department places a child or ward with a person who is not the child’s relative, when conducting the search under this section, the depa…
As used in this section: “Extracurricular activities” means age-appropriate or developmentally appropriate activities as follows: Activities or items that are generally accepted as suitable for children or wards of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child or ward, based on the deve…
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 …
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 established by ORS 151.225, 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 l…
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 …
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 …
Appointment of counsel for the child, ward or parent is subject to ORS 135.055, 151.216 and 151.219.
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…
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: The court finds that the child may be eligible for special education programs because of a disabling condition as provided in ORS chapter …
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 ward’s eligibility for special education and shall par…
(Guardian Ad Litem for Parent)
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. The court shall conduct a hearing to determine whether to appoint a…
A person appointed as a guardian ad litem under ORS 419B.231: Must be a licensed mental health professional or attorney; Must be familiar with legal standards relating to competence; Must have skills and experience in representing persons with mental and physical disabilities or impairments; and May not be a member of the parent’s family. The guardian a…
The appointment of a guardian ad litem under ORS 419B.231 continues until: The court terminates the appointment; The juvenile court proceeding is dismissed; or The parent’s parental rights are terminated, unless the court continues the appointment. A party to the proceeding or the attorney for the parent for whom a guardian ad litem has been appointed ma…
(Hearings)
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…
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 child’s parents and other persons if the court finds such action wou…
(Disposition)
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. For the purpose of determining proper disposition of the ward, testimony, reports or other material relating to the ward’s mental, physical and social history and prognosis may be received by the court…
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. The court’s wardship continues, and the ward is subject to the court’s jurisdiction, until one of the following occurs: The court dismisses the petition concerning the ward; The court transfers jurisdiction over the ward as provid…
Except as provided in ORS 419B.600 to 419B.654, 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 ward’s parents or other person with whom the ward is living, or the court may direct that the ward be…
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 un…
The Department of Human Services shall provide the following information regarding out-of-state placements of children and wards on a website maintained by the department and updated monthly: The name of each out-of-state facility in which children or wards placed by the department are currently receiving services; The city and state in which each facility…
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 ward’s home or an order continuing care, the court shall make a written finding as to wheth…
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 ward is an Indian child, active efforts, as described in ORS 419B.645, to prevent or eliminate the need for removal of the ward from the home. If the ward has been remo…
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: For the reunification of the family bears a rational relationship to the jurisdictional findi…
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…
Commitment of a child or ward to the Department of Human Services does not terminate the court’s continuing jurisdiction to protect the rights of the child or ward or the child or ward’s parents or guardians. Notwithstanding ORS 419B.337 (5), if upon review of a placement or proposed placement of a child or ward made or to be made by the department the court…
The Department of Human Services shall move the court for approval of a placement no later than 30 days following the date the department placed, or will place, a child or ward in a qualified residential treatment program described in ORS 418.323. The motion for approval of the placement must include, at a minimum: The date of the placement; To the extent…
The court may direct that the child or ward be examined or treated by a physician, psychiatrist, psychologist, physician associate licensed under ORS 677.505 to 677.525, naturopathic physician licensed under ORS chapter 685 or nurse practitioner licensed under ORS 678.375 to 678.390, or receive other special care or treatment in a hospital or other suitable …
(Guardianships)
At any time following establishment of jurisdiction and wardship under ORS 419B.100, but prior to the 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 parent’s rights, a party, or person granted rights of limited participation for the purpose of filing a guardianshi…
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. Except as otherwise provided in subsection (3) of this section, the facts supporting any finding …
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 substanti…
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. The court may modify a guardianship order if the court determines to do so would be in the ward’s best interests. The court may vacate a guardianship order, return the ward to the custody of a parent …
When a ward is in the legal custody of the Department of Human Services, the department shall conduct a guardianship study of the proposed guardian’s home and provide a report to the court regarding the suitability of the proposed guardian and whether guardianship is in the ward’s best interests. The department shall adopt rules necessary to carry out the du…
As used in this section: “Community guardian” means a child-caring agency licensed, certified or otherwise authorized under ORS 418.205 to 418.327 that is filing a motion for appointment as guardian of a ward under ORS 419B.366. “Community guardianship” means a guardianship granted under ORS 419B.366 to a community guardian. The court may appoint a commun…
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. When the court grants legal custody to a private institution or agency or to a suitable person or entity, the court may grant guardian…
A person, agency or institution having legal custody of a ward has the following duties and authority: To have physical custody and control of the ward. To supply the ward with food, clothing, shelter and incidental necessaries. To provide the ward with care, education and discipline. To authorize ordinary medical, dental, psychiatric, psychological, hyg…
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: 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). To auth…
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 ward’s estate in a protective proceeding as provided in ORS chapter 125. (Authority Over Parents)
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 fo…
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.
A parent who believes or claims that financial, health or other problems will prevent or delay the parent’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. (Parentage)
If in any proceeding under ORS 419B.100 or 419B.500 the juvenile court determines that the child or ward has fewer than two legal parents or that parentage is disputed as allowed in ORS 109.067 or 109.070, the court may enter a judgment of parentage or a judgment of nonparentage in compliance with the provisions of ORS 109.065, 109.067, 109.070, 109.124 to 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 ward’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 a…
Pursuant to ORS 18.035, the court shall ensure that any order for support entered pursuant to ORS 419B.400 is entered as a judgment. If a motion is filed to set aside, alter or modify a judgment described in subsection (1) of this section, the court may not set aside, alter or modify the judgment, or any portion of the judgment, to the extent that the set-a…
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 Div…
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 ward’…
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. No property of the child or ward’s parents, or either of them, or other person legally obligated to support the child or…
(Reports by Guardians and Custodians)
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 ward’s residence in the following circums…
An agency described in ORS 419B.440 shall file the reports required by ORS 419B.440 (1)(b) 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 must include, but not be limited to: A description of the problems or offenses that nec…
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. Notwithstanding subsection (1) of t…
Upon receiving any report required by ORS 419B.440, the court may hold a hearing to review the child or ward’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: In all cases under ORS 419B.440 …
Except when a child or ward has been surrendered for adoption or the parents’ 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, treatme…
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. (Permanency Hearing)
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. In all other cases when a child or ward is in substitute care, the court shall conduct a permanen…
The court may order that the child or ward or any other person be present during the hearing. 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…
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. At a permanency hearing the court shall: If the case plan at the time of the hearing is to reunify the family, determine whether the Department of Hu…
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 ward’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: The child or ward has been in substi…
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 interests of the ward and, if the ward is an Indian child, that the parents’ continued custody of the…
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 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 n…
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, th…
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 pa…
The rights of the parent may be terminated as provided in ORS 419B.500 if the court finds that the child or ward was conceived as the result of an act that led to the parent’s conviction for rape under ORS 163.355, 163.365 or 163.375 or other comparable law of another jurisdiction. Termination of parental rights under subsection (1) of this section does not…
The use of mediation shall be encouraged in cases involving: A parent or guardian in a juvenile dependency proceeding in which the child is taken into protective custody or placed in substitute care; or The termination of parental rights. If the child or ward is an Indian child, prior to hearing a petition for guardianship under ORS 419B.365 or 419B.366, …
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. The court may not substitute one appointed counsel for another except pursuant to the poli…
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 …
Except as provided in ORS 109.382, 109.383, 419B.532 or 419B.651, 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. …
After the entry of an order terminating the rights of the parent or parents of the ward, the court may: 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 1…
Notwithstanding ORS 109.276, a prospective adoptive parent is not required to file a petition for adoption when: One of the following has occurred: 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 …
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. 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 hav…
As used in this section, “former parent” means a person who was previously the legal parent of a ward and whose parental rights to the ward have been terminated. In a proceeding under ORS 419B.500, the Department of Human Services or a ward may file a motion to reinstate the parental rights of a former parent if: The ward has not been adopted; or The ward…
As used in ORS 419B.550 to 419B.558: “Domicile” of a minor means the legal residence or domicile of the custodial parent or guardian. “Emancipation” means conferral of certain rights of majority upon a minor, as enumerated in ORS 419B.552. “Minor” means a person under the age of 18 years. “Parent” means legal guardian or custodian, natural parent or adop…
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: Recognize the minor as an adult for the purposes of contracting and conveying, establishing a residence, su…
The juvenile court shall conduct a preliminary hearing on the minor’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 circumst…
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: Whether the parent of the minor consents to the proposed ema…
The Legislative Assembly finds that the United States Congress recognizes the special legal status of Indian tribes and their members. It is the policy of the State of Oregon to protect the health and safety of Indian children and the stability and security of Indian tribes and families by promoting practices designed to prevent the removal of Indian childre…
As used in ORS 419B.600 to 419B.654, unless the context provides otherwise: “Child custody proceeding” means a matter arising under ORS chapter 109, 418, 419A or 419B in which the legal custody or physical custody of an Indian child is an issue. “Child custody proceeding” does not include: A proceeding for the custody or support of, or parenting time with…
An individual has custody of an Indian child under ORS 419B.600 to 419B.654 if the individual has physical custody or legal custody of the Indian child under any applicable tribal law, tribal custom or state law. An Indian child’s parent has continued custody of the Indian child under ORS 419B.600 to 419B.654 if the parent currently has, or previously had, …
A man’s parentage of an Indian child is acknowledged or established for purposes of ORS 109.266 to 109.410 and 419B.600 to 419B.654 and ORS chapter 419B if the man’s parentage has been: Established under ORS 109.065; Established under tribal law; Recognized in accordance with tribal custom; or Subject to subsection (2) of this section, acknowledged orall…
In a child custody proceeding involving an Indian child, when making a determination regarding the best interests of the child under ORS 109.266 to 109.410 or 419B.600 to 419B.654, ORS chapter 419B, the Indian Child Welfare Act (25 U.S.C. 1901 et seq.) or any regulations or rules regarding ORS 109.266 to 109.410 or 419B.600 to 419B.654, ORS chapter 419B, or …
Unless an Indian child’s parent objects, the Department of Human Services shall provide assistance with enrolling an Indian child within the juvenile court’s jurisdiction under ORS 419B.100 in a tribe with which the child is eligible for enrollment. In any child custody proceeding under ORS chapter 419B, when the department determines the department has rea…
In a child custody proceeding in which an Indian child is alleged to be within the jurisdiction of the court under ORS chapter 109, 418, 419A or 419B, or in a hearing under ORS 419C.626 involving an Indian child, the Indian child’s tribe is: If the Indian child is a member of or is eligible for membership in only one tribe, the tribe of which the Indian chi…
In any child custody proceeding based on allegations that an Indian child is within the jurisdiction of the court under ORS 109.266 to 109.410 or ORS chapter 419B, the court must determine the residence and domicile of the Indian child and whether the Indian child is a ward of tribal court. The court shall communicate with any tribal courts to the extent nec…
For purposes of ORS 419B.600 to 419B.654: A person’s domicile is the place the person regards as home, where the person intends to remain or to which, if absent, the person intends to return. An Indian child’s domicile is, in order of priority, the domicile of: The Indian child’s parents or, if the Indian child’s parents do not have the same domicile, the…
The Department of Human Services shall make a good faith effort to enter into a tribal-state agreement with any Indian tribe within the borders of this state. The department may also enter into a tribal-state agreement with any Indian tribe outside of this state having significant numbers of member children or membership-eligible children residing in this s…
Except as otherwise provided in this section, the court’s jurisdiction under ORS 109.276 (4) or 419B.100 (1) in a case involving an Indian child is concurrent with the Indian child’s tribe. If a tribe is not subject to Public Law 83-280, the tribe has exclusive jurisdiction in a case described in ORS 109.276 (4) or 419B.100 (1) involving an Indian child if:…
Except as provided in subsection (5) of this section, the court shall transfer a child custody proceeding under ORS 109.266 to 109.410 or ORS chapter 419B involving an Indian child if, at any time during the proceeding, the Indian child’s parent, Indian custodian or tribe petitions the court to transfer the proceeding to the tribal court. Upon receipt of a …
Upon granting a transfer motion under ORS 419B.630, the court shall expeditiously: Notify the tribal court of the pending dismissal of the child custody proceeding; Transfer all information regarding the proceeding, including pleadings and court records, to the tribal court; If the Indian child is alleged to be within the jurisdiction of the juvenile cour…
In an emergency proceeding, the person taking the child into protective custody shall make a good faith effort to: Determine whether the person has reason to know that the child is an Indian child; and Contact by telephone, electronic mail, facsimile or other means of immediate communication any tribe of which the child is or may be a member to determine t…
In an emergency proceeding, if there is reason to know that a child is an Indian child and the nature of the emergency allows, the Department of Human Services must notify by telephone, electronic mail, facsimile or other means of immediate communication any tribe of which the child is or may be a member. Notification under this subsection must include the …
In any child custody proceeding under ORS chapter 109 or 419B that requires the testimony of a qualified expert witness, the petitioner shall contact the Indian child’s tribe and request that the tribe identify one or more individuals meeting the criteria described in subsection (3) or (4) of this section. The petitioner may also request the assistance of th…
As used in this section, “active efforts” means efforts that are affirmative, active, thorough, timely and intended to maintain or reunite an Indian child with the Indian child’s family. If there is reason to know that a child in a proceeding under ORS 109.266 to 109.410 or ORS chapter 419B is an Indian child and active efforts are required, the court must …
Notwithstanding ORS 9.160 and 9.320, a tribe that is a party to a proceeding under ORS 419B.875 (1)(a)(I) may be represented by any individual, regardless of whether the individual is licensed to practice law. An attorney who is not barred from practicing law in this state may appear in any proceeding involving an Indian child without associating with local…
If there is reason to know that a child in a proceeding under ORS chapter 419B is an Indian child: The court shall appoint counsel to represent the Indian child. If the Indian child’s parent or Indian custodian requests counsel to represent the parent or Indian custodian but is without sufficient financial means to employ suitable counsel possessing skills…
In any child custody proceeding under ORS 109.326 or 109.330 or ORS chapter 419B when there is reason to know that the child is an Indian child, each party has the right to timely examine all reports or other documents held by the Department of Human Services that are not otherwise subject to a discovery exception under ORS 419B.881 or precluded under state …
A petition to vacate an order or a judgment involving an Indian child regarding jurisdiction, placement, guardianship or the termination of parental rights may be filed in a pending child custody proceeding involving the Indian child or, if none, in any state or local court of competent jurisdiction by: The Indian child who was alleged to be within the juri…
The juvenile court, on the court’s own motion or on the motion of any party, shall expeditiously determine whether an Indian child asserted to be within the jurisdiction of the juvenile court under ORS 419B.100 has been improperly removed or improperly retained following a visit or temporary relinquishment of custody. A motion under this section may be made …
If the parental rights of an Indian child’s parents have not been terminated and the Indian child is in need of placement or continuation in substitute care, as defined in ORS 419A.004, except as provided in subsection (3) of this section the child must be placed in the least restrictive setting that: Most closely approximates a family, taking into consider…
As used in this section, “tribal customary adoption” means the adoption of an Indian child, by and through the tribal custom, traditions or law of the child’s tribe, and which may be effected without the termination of parental rights. If the juvenile court determines that tribal customary adoption is in the best interests, as described in ORS 419B.612, of …
No later than September 15 of every even-numbered year, the Department of Human Services and the Judicial Department shall report to the interim committees of the Legislative Assembly relating to children regarding: The number of Indian children involved in dependency proceedings during the prior two-year period. The average duration Indian children were i…
If any provision of ORS 109.278, 109.302, 109.382, 109.383, 419B.600 to 419B.654 or 419B.656 or the amendments to statutes and session law by sections 1 to 5, 8 to 17, 20 to 30, 34 to 37, 40 to 64 and 65b to 77, chapter 398, Oregon Laws 2021, is found to provide a lower standard of protection to the rights of an Indian child or the Indian child’s parent, Ind…
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. Note: See note under 419B.600.
The Department of Human Services and the Judicial Department may adopt rules to implement ORS 419B.600 to 419B.654. Note: See note under 419B.600. JUVENILE COURT DEPENDENCY PROCEDURE
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. 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 ca…
A juvenile court having subject matter jurisdiction has jurisdiction over: 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 United States; A child under 12 years of age who is the subject of a pe…
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. 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, adjudicatio…
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. 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 petitioner’s attorney and v…
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. A summons under ORS 419B.815 or 419B.819 must be titled “I…
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. A summons under this section must require one of the following: That the person appear personally before the court at the time and pl…
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: Inform the person of the time, place and purpose of the next hearing or hearin…
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 OREGON FOR ____________ COUNTY In the Matter of ) ) No. ) Petition No. ) A Child. ) SUMMONS TO: Name …
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. An alleged genetic parent wh…
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: Inform the parent of the time, place and purpose of the next hearing or hearing…
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 OREGO…
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 …
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. 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 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 D…
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.
Except for service by publication, proof of service of summons or mailing must be made by: The certificate of the server if the summons is not served by a sheriff or a sheriff’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 serv…
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 su…
Summons in proceedings to establish jurisdiction under ORS 419B.100 must be served on: The parents of the child without regard to who has legal or physical custody of the child; The legal guardian of the child; An alleged genetic parent of the child who satisfies the criteria set out in ORS 419B.875 (1)(a)(C), except as provided in subsection (4) of this …
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. 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 cour…
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 re…
A sheriff may serve a restraining order issued under ORS 419B.845 in the county in which the sheriff was elected and in any county that is adjacent to the county in which the sheriff was elected. A sheriff may serve and enter into the Law Enforcement Data System a copy of a restraining order under ORS 419B.845 that was transmitted to the sheriff by a court …
All process authorized to be issued by any court or officer of the court runs in the name of the State of Oregon and must be signed by the officer issuing the process, and if the process is issued by a clerk of the court, the seal of office of the clerk must be affixed to the process. Summonses and subpoenas are not process. A civil process may be served or…
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. Whenever under ORS 419B.800 to 419B.929 service is required or permitted to b…
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 …
All petitions, answers, motions and other papers must be liberally construed with a view of substantial justice between the parties. 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.
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. 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…
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. 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 ot…
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 licensee 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 verifie…
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. Allegations in a petiti…
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 t…
Parties to proceedings in the juvenile court under ORS 419B.100 and 419B.500 are: The child or ward; The parents or guardian of the child or ward; An alleged genetic parent 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 paren…
The grandparent of a ward who has been placed in the legal custody of the Department of Human Services for care, placement and supervision pursuant to ORS 419B.337 and who is in substitute care as defined in ORS 419A.004 may, at any hearing concerning the ward except for a hearing under ORS 419B.500, request that the court order visitation or other contact o…
When a court conducts a hearing, the court shall inquire and make a finding, subject to the procedures under ORS 419B.636 (4), regarding whether a child is an Indian child. If the court enters an order described in ORS 419B.636 (4)(b) directing that the child be treated as an Indian child, the court shall enter an order requiring the Department of Human Ser…
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: The names and addresses of all persons the party intends to call as witnesses at…
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: Outside the jurisdiction of, or otherwise not subject to the process of, the court; or Unable to attend because of age, sickness, infirmity, imprisonment or undue h…
As used in this section, “deposition” means a deposition taken under ORS 419B.884. 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 pre…
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 allegat…
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 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 inspectio…
A subpoena may be issued: 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: In blank by the clerk of the court in which the actio…
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 sub…
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: Temporary removal and production of the witness for the purpose of giving testimony; That the witness be allow…
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 witne…
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.
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: No order entered pursuant to ORS 419B.500, 419B.502, 419B.504, 419B.506 and 419B.508 may…
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 …
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…
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: Clerical mistakes in judgments, orders or other parts of the record and errors in the ord…
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. This section does not limit the right of a party to a stay otherwise provided for by law.
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. MISCELLANEOUS
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 a…
The Department of Human Services shall, in consultation with the Department of Justice, develop and implement a training and continuing education curriculum for persons who are employed by the Department of Human Services as caseworkers that informs and instructs caseworkers about their roles in juvenile dependency proceedings for children and wards whose ma…