Oregon Statutes - Chapter 419B - Juvenile Code: Dependency

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...
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...
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...
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...
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....
419B.020 Duty of department or law enforcement agency receiving report; investigation; notice to parents; physical examination; child�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:...
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...
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 person�s designee. (b) �Suspicious physical...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
419B.127 Transfer to court of county of child or ward�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...
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...
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...
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...
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...
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...
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...
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,...
419B.165 Release of child taken into custody.
The person taking the child into custody shall release the child to the custody of the child�s parent or other responsible person in this state,...
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...
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...
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...
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...
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...
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.190 [1993 c.295 §2; 1997 c.863 §3; 1999 c.65 §1; 2001 c.622 §37; renumbered 419B.845 in 2001]
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...
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...
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...
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,...
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...
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
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...
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,...
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...
419B.230 [1993 c.33 §85; 1993 c.546 §39; repealed by 2001 c.622 §57]
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...
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...
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...
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]
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...
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...
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]
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...
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...
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....
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...
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...
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...
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...
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...
419B.349 Court authority to review placement.
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...
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...
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...
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...
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...
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,...
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...
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...
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...
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...
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...
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...
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...
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 parent�s compliance with an order of the court...
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...
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...
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...
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...
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...
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...
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]
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...
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...
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.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 ward�s condition and circumstances and...
419B.452 Distribution of report by court.
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...
419B.460 Agency�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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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)...
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...
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 minor�s application for emancipation within 10 days of the date on which it is...
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...
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...
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.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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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 Oregon and...
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...
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...
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...
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...
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...
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...
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...
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,...
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...
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...
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...
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...
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...
419B.890 Dismissal of petition at end of petitioner�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...
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...
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...
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...
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),...
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...
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...
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...
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...
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...
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.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...
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...
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...
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...

Last modified: August 7, 2008