Oregon Statutes - Chapter 109 - Parent and Child Rights and Relationships

• 109.001   Breast-feeding in public place.
  A woman may breast-feed her child in a public place. [1999 c.306 §1] Note: 109.001 was enacted into law by the Legislative Assembly but was...
• 109.003   Attorney fees; intervenor.
  In any proceeding brought under this chapter, an authorization of attorney fees to a party also authorizes an award of attorney fees to or against...
• 109.010   Duty of support.
  Parents are bound to maintain their children who are poor and unable to work to maintain themselves; and children are bound to maintain their parents...
• 109.012   Liability of parents for expenses and education of children.
  (1)(a) The expenses of a minor child and the education of the minor child are chargeable upon the property of either or both parents who...
• 109.015   Proceedings for child support if child receives public assistance.
  If public assistance, as defined in ORS 416.400, is provided for any dependent child, the administrator, as defined in ORS 25.010, may initiate proceedings under...
• 109.020   When child’s maintenance and education may be defrayed out of income of own property.
  If any minor, whose parent is living, has property the income of which is sufficient for the maintenance and education of the minor in a...
• 109.030   Equality in rights and responsibilities of parents.
  The rights and responsibilities of the parents, in the absence of misconduct, are equal, and the mother is as fully entitled to the custody and...
• 109.035   Security required before foreign travel with child.
  (1) As used in this section: (a) “Custody order” includes any order or judgment establishing or modifying custody of, or parenting time or visitation with,...
• 109.040   [Repealed by 1953 c.650 §4]
• 109.041   Relationship between adopted child and natural and adoptive parents.
  (1) The effect of a judgment of adoption heretofore or hereafter granted by a court of this state shall be that the relationship, rights and...
• 109.050   Relation of adopted child to adoptive parents.
  An adopted child bears the same relation to adoptive parents and their kindred in every respect pertaining to the relation of parent and child as...
• 109.053   [1979 c.266 §1; 1981 c.614 §1; 1997 c.704 §55; 2003 c.576 §135; renumbered 108.045 in 2005]
• 109.055   [1971 c.703 §1; 1973 c.827 §12e; repealed by 1979 c.266 §3]
• 109.056   Delegation of certain powers by parent or guardian; delegation during period of military service.
  (1) Except as provided in subsection (2) or (3) of this section, a parent or guardian of a minor or incapacitated person, by a properly...
• 109.060   Legal status and legal relationships when parents not married.
  The legal status and legal relationships and the rights and obligations between a person and the descendants of the person, and between a person and...
• 109.070   Establishing paternity.
  (1) The paternity of a person may be established as follows: (a) A man is rebuttably presumed to be the father of a child born...
• 109.072   Petition to vacate or set aside paternity determination.
  (1) As used in this section: (a) “Blood tests” has the meaning given that term in ORS 109.251. (b) “Paternity judgment” means a judgment or...
• 109.073   Social Security number of parent in paternity order.
  Except as otherwise provided in ORS 25.020, the Social Security number of a parent who is subject to a paternity determination pursuant to ORS 109.070...
• 109.080   [1957 c.411 §4; 1959 c.432 §64; repealed by 1975 c.640 §18]
• 109.090   Interpretation of ORS 109.060 to 109.090.
  (1) The provisions of ORS 109.060 to 109.090 shall apply to all persons, irrespective of whether they are born before or after August 20, 1957....
• 109.092   Establishing paternity by acknowledgment; mother surrendering child for adoption.
  When it is determined that a woman is pregnant with a child, the woman and any man to whom she is not married and with...
• 109.094   Rights of father when paternity established; procedure when paternity established.
  Upon the paternity of a child being established in the proceedings, the father shall have the same rights as a father who is or was...
• 109.096   Notice to putative father when paternity not established.
  (1) When the paternity of a child has not been established under ORS 109.070, the putative father is entitled to reasonable notice in adoption or...
• 109.098   Objection of putative father in proceeding referred to in ORS 109.096; effect of failure to appear and object.
  (1) If a putative father of a child by due appearance in a proceeding of which he is entitled to notice under ORS 109.096 objects...
• 109.100   Petition for support; effect of judgment; parties.
  (1) Any minor child or the administrator may, in accordance with ORCP 27 A, apply to the circuit court in the county in which the...
• 109.103   Proceeding to determine custody or support of child.
  (1) If a child is born to an unmarried woman and paternity has been established under ORS 109.070, or if a child is born to...
• 109.105   [1969 c.461 §1; renumbered 109.610]
• 109.110   [Amended by 1961 c.338 §1; 1967 c.534 §14; repealed by 1969 c.619 §15]
• 109.112   Mother, father or putative father deemed to have attained majority.
  The mother, father or putative father of a child shall be deemed to have attained majority and, regardless of age, may give authorizations, releases or...
• 109.115   [1969 c.271 §2; renumbered 109.620]
• 109.116   Validity of putative father’s authorization, release or waiver.
  Any authorization, release or waiver given by the putative father with reference to the custody or adoption of the child or the termination of parental...
• 109.118   Validity of decrees or orders entered prior to July 3, 1975, concerning custody, adoption or permanent commitment of child.
  All decrees or orders heretofore entered in any court of this state concerning the custody, adoption or permanent commitment of a child are hereby declared...
• 109.119   Rights of person who establishes emotional ties creating child-parent relationship or ongoing personal relationship; presumption regarding legal parent; motion for intervention.
  (1) Except as otherwise provided in subsection (9) of this section, any person, including but not limited to a related or nonrelated foster parent, stepparent,...
• 109.120   [Repealed by 1969 c.619 §15]
• 109.121   [1979 c.776 §2; 1983 c.369 §2; 1987 c.810 §2; 1993 c.33 §291; 1999 c.477 §1; 1999 c.569 §7; repealed by 2001 c.873 §2]
• 109.123   [1979 c.776 §3; repealed by 2001 c.873 §2]
• 109.124   Definitions for ORS 109.124 to 109.230.
  As used in ORS 109.124 to 109.230, unless the context requires otherwise: (1) “Child attending school” has the meaning given that term in ORS 107.108....
• 109.125   Who may initiate proceedings; petition; parties.
  (1) Any of the following may initiate proceedings under this section: (a) A mother of a child born out of wedlock or a woman pregnant...
• 109.130   [Amended by 1967 c.534 §15; repealed by 1969 c.619 §15]
• 109.133   [1989 c.479 §2; renumbered 109.672 in 1991]
• 109.135   Circuit court jurisdiction; equity suit; place of commencement.
  (1) All filiation proceedings shall be commenced in the circuit court and shall for all purposes be deemed suits in equity. Unless otherwise specifically provided...
• 109.140   [Amended by 1959 c.638 §10; repealed by 1969 c.619 §15]
• 109.145   Court may proceed despite failure to appear; evidence required.
  If a respondent fails to answer or fails to appear at trial, the court shall have the power to proceed accordingly. In such case, the...
• 109.150   [Amended by 1961 c.338 §2; 1967 c.534 §16; repealed by 1969 c.619 §15]
• 109.153   [1973 c.827 §12g; 1981 c.669 §3; repealed by 1983 c.762 §10]
• 109.155   Hearing; order for payment for support of child and other costs; policy regarding settlement; enforcement of settlement terms; remedies.
  (1) The court, in a private hearing, shall first determine the issue of paternity. If the respondent admits the paternity, the admission shall be reduced...
• 109.160   [Repealed by 1969 c.619 §15]
• 109.165   Vacation or modification of judgment; policy regarding settlement; enforcement of settlement terms; remedies.
  (1) Upon motion of either party, the court may set aside, alter or modify any portion of the judgment that provides for the support of...
• 109.170   [Repealed by 1969 c.619 §15]
• 109.175   Determination of legal custody after paternity established.
  (1) If paternity of a child born out of wedlock is established pursuant to a petition filed under ORS 109.125 or an order or judgment...
• 109.180   [Repealed by 1969 c.619 §15]
• 109.190   [Amended by 1961 c.338 §3; repealed by 1969 c.619 §15]
• 109.200   [Amended by 1961 c.338 §4; repealed by 1969 c.619 §15]
• 109.210   [Repealed by 1969 c.619 §15]
• 109.220   [Amended by 1961 c.338 §5; 1969 c.619 §12; repealed by 1979 c.87 §1]
• 109.225   Notice to Center for Health Statistics after petition filed; filing notice.
  (1) After filing the petition, the petitioner shall cause the Center for Health Statistics of the Department of Human Services to be served by mail...
• 109.230   Legality of contract between mother and father of child born out of wedlock.
  Any contract between the mother and father of a child born out of wedlock is a legal contract, and the admission by the father of...
• 109.231   Records open to public.
  Records of filiation proceedings filed in circuit court shall be open for inspection by any person without order of the court. [1993 c.138 §2] Note:...
• 109.235   [1975 c.640 §12; renumbered 109.308 in 2001]
• 109.237   Attorney fees.
  In any proceeding brought to modify or compel compliance with an order of the court issued under ORS 109.124 to 109.230, the court may render...
• 109.239   Rights and obligations of children resulting from artificial insemination; rights and obligations of donor of semen.
  If the donor of semen used in artificial insemination is not the mother’s husband: (1) Such donor shall have no right, obligation or interest with...
• 109.243   Relationship of child resulting from artificial insemination to mother’s husband.
  The relationship, rights and obligation between a child born as a result of artificial insemination and the mother’s husband shall be the same to all...
• 109.247   Application of law to children resulting from artificial insemination.
  Except as may be otherwise provided by a judicial decree entered in any action filed before October 4, 1977, the provisions of ORS 109.239 to...
• 109.250   Short title.
  ORS 109.250 to 109.262 may be cited as the Uniform Act on Blood Tests to Determine Paternity. [1953 c.628 §7]
• 109.251   “Blood tests” defined.
  As used in ORS 109.250 to 109.262, “blood tests” includes any test for genetic markers to determine paternity of a type generally acknowledged as reliable...
• 109.252   Authority for blood test; effect of refusal to submit to test; payment for test.
  (1) Unless the court or administrator finds good cause not to proceed in a proceeding under ORS 109.125 to 109.230 and 416.400 to 416.465, in...
• 109.254   Selection of experts to make tests; admissible evidence.
  (1) The tests shall be made by experts qualified as examiners of genetic markers who shall be appointed by the court or administrator, as defined...
• 109.256   Compensation of experts.
  (1) The compensation of each expert witness appointed by the court or administrator shall be fixed at a reasonable amount. It shall be paid as...
• 109.258   Effect of test results.
  A disputable presumption of paternity is created if one or more blood tests result in a cumulative paternity index of 99 or greater. If the...
• 109.259   Temporary child support pending determination of paternity.
  Notwithstanding the objections of a party to an order that seeks to establish paternity, if the blood tests conducted under ORS 109.250 to 109.262 result...
• 109.260   Applicability to criminal actions.
  ORS 109.250 to 109.262 shall apply to criminal cases subject to the following limitations and provisions: (1) An order for the tests shall be made...
• 109.262   Uniformity of interpretation.
  The Uniform Act on Blood Tests to Determine Paternity shall be so interpreted and construed as to effectuate its general purpose to make uniform the...
• 109.264   Parties.
  In any action under ORS 109.250 to 109.262, the mother, putative father and the state are parties. [1993 c.596 §23] ADOPTION
• 109.304   Definitions for ORS 109.305 to 109.410; information in placement report.
  As used in ORS 109.305 to 109.410, unless the context requires otherwise: (1) “Home study” means an investigation conducted by the Department of Human Services...
• 109.305   Interpretation of adoption laws; agreement for continuing contact.
  (1) The rule that statutes in derogation of common law are to be strictly construed does not apply to the adoption laws of this state....
• 109.307   Court required to act within six months of filing of petition for adoption; duty of clerk.
  (1) Not earlier than provided in ORS 109.309 and not later than six months from the date on which the petition for leave to adopt...
• 109.308   Confidentiality of petitioners.
  In an adoption proceeding that is contested or in which a summons is required to be served, the court may preserve the confidentiality of the...
• 109.309   Petition for adoption; residency requirement; where filed; venue; notice; placement report; fee; rules.
  (1) Any person may petition the circuit court for leave to adopt another person and, if desired, for a change of the other person’s name....
• 109.310   [Amended by 1953 c.368 §2; 1957 c.403 §5; 1959 c.430 §3; 1963 c.188 §1; 1967 c.534 §17; 1969 c.441 §1; 1971 c.401 §4; 1977 c.252 §1; 1983 c.302 §1; 1983 c.396 §1; 1985 c.403 §3; 1991 c.249 §14; repealed by 1993 c.717 §1 (109.309 enacted in lieu of 109.310)]
• 109.311   Financial disclosure statement to be filed with petition; placement report required; exception; prohibited fees; advertising.
  (1) Each adoption petition filed pursuant to ORS 109.309 seeking adoption of a minor child shall be accompanied by a written disclosure statement containing an...
• 109.312   Consent to adoption.
  (1) Except as provided in ORS 109.314 to 109.329, consent in writing to the adoption under ORS 109.309 of a child shall be given by:...
• 109.314   Consent when custody of child has been awarded in divorce proceedings.
  (1) If the legal custody of the child has been awarded in marital dissolution proceedings, the written consent of the person to whom custody of...
• 109.316   Consent by Department of Human Services or approved child-caring agency of this state.
  (1) The Department of Human Services or an approved child-caring agency of this state, acting in loco parentis, may consent to the adoption of a...
• 109.318   Consent by organization located outside Oregon.
  (1) An agency or other organization, public or private, located entirely outside of this state, or an authorized officer or executive thereof, acting in loco...
• 109.320   [Repealed by 1957 c.710 §1 (109.312 to 109.329 enacted in lieu of 109.320)]
• 109.322   Consent when parent mentally ill, mentally retarded or imprisoned.
  (1) If a parent has been adjudged mentally ill or mentally retarded and remains so at the time of the adoption proceedings, or if a...
• 109.324   Consent when parent has deserted or neglected child.
  (1) If a parent is believed to have willfully deserted the child or neglected without just and sufficient cause to provide proper care and maintenance...
• 109.326   Consent when husband not father.
  (1) If the mother of a child was married at the time of the conception or birth of the child, and it has been determined...
• 109.328   Consent of child 14 years of age or older.
  If the child is 14 years of age or older, the adoption shall not be made without the consent of the child. The consent required...
• 109.329   Adoption of person 18 years of age or older or legally married.
  (1) Subject to subsection (2) of this section, any person may petition the circuit court for leave to adopt a person who is 18 years...
• 109.330   Notice to nonconsenting parent; notice when child has no parent, guardian or next of kin.
  (1) In the cases provided for in ORS 109.314, 109.322 and 109.324, when a parent does not consent to the adoption of the child, the...
• 109.332   Grandparent visitation in stepparent adoption.
  (1) When a petition has been filed under ORS 109.309 concerning the adoption by a stepparent of a child, a grandparent served with a copy...
• 109.335   Appointment of guardian pending further adoption proceedings.
  Notwithstanding the provisions of ORS chapter 125 that relate to the appointment of a guardian, when a petition is filed pursuant to ORS 109.309 for...
• 109.340   [Repealed by 1957 c.412 §2 (7.211 enacted in lieu of 109.340)]
• 109.342   Medical history of child and biological parents required; content; delivery to adoptive parent and to adoptee on majority.
  (1) Before any judgment of adoption of a minor is entered, the court shall be provided a medical history of the child and of the...
• 109.345   [1961 c.99 §1; 1969 c.198 §56; repealed by 1993 c.717 §11]
• 109.346   Adoption-related counseling for birth parent.
  (1) Except as provided in subsection (5) of this section, a birth parent consenting to an adoption shall receive notice of the birth parent’s right...
• 109.347   Civil action for failure to pay for counseling; attorney fees.
  A birth parent aggrieved by the failure of a prospective adoptive parent or adoptive parent to pay the uninsured costs of adoption-related counseling required by...
• 109.350   Judgment of adoption.
  If, upon a petition for adoption duly presented and consented to, the court is satisfied as to the identity and relations of the persons, that...
• 109.353   Notice of voluntary adoption registry required before judgment entered; waiver.
  Before a judgment of adoption is entered, the agency or organization facilitating the adoption, or the attorney for the adoptive parents in an independent adoption,...
• 109.360   Change of adopted child’s name.
  If in a petition for the adoption of a child a change of the child’s name is requested, the court, upon entering a judgment granting...
• 109.370   [Amended by 1957 c.403 §7; 1961 c.98 §1; 1969 c.591 §289; repealed by 1993 c.717 §11]
• 109.380   [Repealed by 1959 c.609 §5]
• 109.381   Effect of judgment of adoption.
  (1) A judgment of a court of this state granting an adoption, and the proceedings in such adoption matter, shall in all respects be entitled...
• 109.385   Certain adoptions in foreign nations recognized; evidence.
  (1) An adoption in any foreign nation under the laws of such nation of a person who is at the time of the adoption a...
• 109.390   Authority of Department of Human Services or child-caring agency in adoption proceedings.
  When the Department of Human Services or an approved child-caring agency has the right to consent to the adoption of a child, the department or...
• 109.400   Adoption report form.
  (1) When a petition for adoption is filed with a court, the petitioner or the attorney thereof shall file with the petition an adoption report...
• 109.410   Certificate of adoption; form; fee; persons eligible to receive copy; status.
  (1) The clerk of the court having custody of the adoption file shall issue upon request a certificate of adoption to the adopted person, the...
• 109.425   Definitions for ORS 109.425 and 109.435 to 109.507.
  As used in this section and ORS 109.435 to 109.507: (1) “Adoptee” means a person who has been adopted in the State of Oregon. (2)...
• 109.430   Policy and purpose.
  It is the policy of this state that adoption is based upon the legal termination of parental rights and responsibilities of birth parents and the...
• 109.435   Adoption records to be permanently maintained.
  (1) All records of any adoption finalized in this state shall be permanently maintained by the Department of Human Services or by the agency arranging...
• 109.440   Information confidential; exceptions.
  (1) A person or agency may not disclose any confidential information relating to an adoption except as provided in subsection (2) of this section and...
• 109.445   Information of registry confidential.
  (1) Notwithstanding any other provision of law, the information acquired by any voluntary adoption registry shall not be disclosed under any freedom of information legislation,...
• 109.450   Child placement agency to maintain registry; Department of Human Services duties.
  (1) A voluntary adoption registry shall be established and maintained by each agency or its successor agency. An agency may delegate or contract with another...
• 109.455   Persons eligible to use registry.
  (1) As provided in ORS 109.475 and except as provided in subsection (2) of this section, only a birth parent, adult adoptee, adult genetic sibling...
• 109.460   Persons eligible to register.
  (1) An adult adoptee, each birth parent, a putative father, an adult genetic sibling of an adoptee, an adoptive parent of a deceased adoptee and...
• 109.465   Content of affidavit; notice of change in information.
  (1) The affidavit required under ORS 109.460 shall contain: (a) The current name and address of the registrant; (b) Any previous name by which the...
• 109.470   Continuing registration by birth parent or putative father.
  (1) When an adoptee reaches age 18, a birth parent of the adoptee, if the birth parent registered with the registry before the adoptee was...
• 109.475   Processing affidavits.
  (1) Upon receipt of the affidavit under ORS 109.460, the registry shall process each affidavit in an attempt to match the adult adoptee and the...
• 109.480   Counseling of registrant.
  (1) Upon the determination of a match but before identifying information is disclosed, the registrant shall, at the discretion of the agency operating the registry,...
• 109.485   Registry information to be maintained permanently.
  Any affidavits filed and other information collected by a registry shall be permanently maintained. [1983 c.672 §13] Note: See note under 109.425.
• 109.490   Limits on releasing information.
  A registry shall release only information necessary for identifying a birth parent, a putative father, an adult adoptee or an adult genetic sibling, and shall...
• 109.495   Registrant fee.
  Costs of establishing and maintaining a registry may be met through reasonable fees charged to all persons who register. [1983 c.672 §15; 1999 c.650 §2]...
• 109.500   Genetic, social and health history; availability; fee.
  (1) A genetic and social history and health history which excludes information identifying any birth parent or putative father, member of a birth parent’s or...
• 109.502   Search for birth parents, putative father or genetic siblings; who may initiate; information required; fee.
  (1)(a) An adult adoptee or the adoptive parent of a minor or deceased adoptee may request that the Department of Human Services or the Oregon...
• 109.503   Access to adoption records for search; duties of searcher.
  (1) When the Department of Human Services or an Oregon licensed adoption agency has been instructed to conduct a search, the department or an Oregon...
• 109.504   Effect on subsequent searches when person sought in initial search refuses contact.
  (1) If an adult adoptee or the adoptive parent of a minor or deceased adoptee has initiated a search under ORS 109.502, the fact that...
• 109.505   Support services; adoption and reunion issues.
  Information about agency and community resources regarding psychological issues in adoption and reunion shall be provided: (1) By the Department of Human Services or an...
• 109.506   Rulemaking; fees.
  The Department of Human Services by rule shall establish: (1) Eligibility standards for Oregon licensed adoption agencies that conduct searches under ORS 109.503; (2) Standards...
• 109.507   Access to Department of Human Services records required; access to private agency records discretionary.
  (1) The Department of Human Services shall allow an Oregon licensed adoption agency to examine confidential adoption records maintained by the department as part of...
• 109.510   Age of majority.
  Except as provided in ORS 109.520, in this state any person shall be deemed to have arrived at majority at the age of 18 years,...
• 109.520   Majority of married persons.
  Except as provided in ORS 653.010, all persons shall be deemed to have arrived at the age of majority upon their being married according to...
• 109.550   [1977 c.525 §2; 1993 c.33 §293; repealed by 1993 c.546 §141]
• 109.555   [1977 c.525 §3; 1979 c.266 §2; 1993 c.33 §294; repealed by 1993 c.546 §141]
• 109.560   [1977 c.525 §4; 1993 c.33 §295; repealed by 1993 c.546 §141]
• 109.565   [1977 c.525 §5; repealed by 1993 c.546 §141]
• 109.610   Right to treatment for venereal disease without parental consent.
  (1) Notwithstanding any other provision of law, a minor who may have come into contact with any venereal disease may give consent to the furnishing...
• 109.620   [Formerly 109.115; repealed by 1973 c.827 §83]
• 109.630   [1971 c.726 §1; 1973 c.454 §1; repealed by 1973 c.827 §83]
• 109.640   Right to medical or dental treatment without parental consent; provision of birth control information and services to any person.
  Any physician or nurse practitioner may provide birth control information and services to any person without regard to the age of the person. A minor...
• 109.650   Disclosure without minor’s consent and without liability.
  A hospital or any physician, nurse practitioner or dentist as described in ORS 109.640 may advise the parent or parents or legal guardian of any...
• 109.660   Construction.
  The provisions of ORS 109.640, 109.650 and this section do not amend or supersede the provisions of ORS 109.610 or 435.435. [1971 c.381 §3; 1973...
• 109.670   Right to donate blood.
  (1) Any person 16 years of age or over may donate blood to any blood program without obtaining permission of a parent or guardian. (2)...
• 109.672   Certain persons immune from liability for providing care to minor.
  (1) No person licensed, certified or registered to practice a health care profession or health care facility shall be liable for damages in any civil...
• 109.675   Right to diagnosis or treatment for mental or emotional disorder or chemical dependency without parental consent.
  (1) A minor 14 years of age or older may obtain, without parental knowledge or consent, outpatient diagnosis or treatment of a mental or emotional...
• 109.680   Disclosure without minor’s consent; civil immunity.
  A physician, psychologist, nurse practitioner, licensed clinical social worker or community mental health and developmental disabilities program described in ORS 109.675 may advise the parent...
• 109.685   Person providing treatment or diagnosis not subject to civil liability for providing treatment or diagnosis without consent of parent or guardian.
  A physician, psychologist, nurse practitioner, licensed clinical social worker or community mental health and developmental disabilities program described in ORS 109.675 who in good faith...
• 109.690   Parent or guardian not liable for payment under ORS 109.675.
  If diagnosis or treatment services are provided to a minor pursuant to ORS 109.675 without consent of the minor’s parent or legal guardian, the parent,...
• 109.695   Rules for implementation of ORS 109.675 to 109.695.
  For the purpose of carrying out the policy and intent of ORS 109.675 to 109.695 while taking into account the respective rights of minors at...
• 109.697   Right to contract for dwelling unit and utilities without parental consent.
  (1) The Legislative Assembly finds that there are in the State of Oregon unemancipated minors who are living apart from their parents and are homeless....
• 109.700   [1973 c.375 §25; repealed by 1999 c.649 §55]
• 109.701   Short title.
  ORS 109.701 to 109.834 may be cited as the Uniform Child Custody Jurisdiction and Enforcement Act. [1999 c.649 §1] Note: 109.701 to 109.834 were enacted...
• 109.704   Definitions for ORS 109.701 to 109.834.
  As used in ORS 109.701 to 109.834: (1) “Abandoned” means left without provision for reasonable and necessary care or supervision. (2) “Child” means an individual...
• 109.707   Proceedings governed by other law.
  ORS 109.701 to 109.834 do not govern a proceeding pertaining to the authorization of emergency medical care for a child. [1999 c.649 §3] Note: See...
• 109.710   [1973 c.375 §2; 1997 c.707 §23; repealed by 1999 c.649 §55]
• 109.711   Application to Indian tribes.
  (1) A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act (25 U.S.C. 1901 et seq.), is...
• 109.714   International application of ORS 109.701 to 109.834.
  (1) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of...
• 109.717   Effect of child custody determination.
  A child custody determination made by a court of this state that has jurisdiction under ORS 109.701 to 109.834 binds all persons who have been...
• 109.720   [1973 c.375 §§1,23; repealed by 1999 c.649 §55]
• 109.721   Priority.
  If a question of existence or exercise of jurisdiction under ORS 109.701 to 109.834 is raised in a child custody proceeding, the question, upon request...
• 109.724   Notice to persons outside state.
  (1) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law...
• 109.727   Appearance and limited immunity.
  (1) A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a...
• 109.730   [1973 c.375 §3; repealed by 1999 c.649 §55]
• 109.731   Communication between courts.
  (1) A court of this state may communicate with a court in another state concerning a proceeding arising under ORS 109.701 to 109.834. (2) The...
• 109.734   Taking testimony in another state.
  (1) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located...
• 109.737   Cooperation between courts; preservation of records.
  (1) A court of this state may request the appropriate court of another state to: (a) Hold an evidentiary hearing; (b) Order a person to...
• 109.740   [1973 c.375 §4; repealed by 1999 c.649 §55]
• 109.741   Initial child custody jurisdiction.
  (1) Except as otherwise provided in ORS 109.751, a court of this state has jurisdiction to make an initial child custody determination only if: (a)...
• 109.744   Exclusive, continuing jurisdiction.
  (1) Except as otherwise provided in ORS 109.751, a court of this state that has made a child custody determination consistent with ORS 109.741 or...
• 109.747   Jurisdiction to modify determination.
  Except as otherwise provided in ORS 109.751, a court of this state may not modify a child custody determination made by a court of another...
• 109.750   [1973 c.375 §5; repealed by 1999 c.649 §55]
• 109.751   Temporary emergency jurisdiction.
  (1) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or...
• 109.754   Notice; opportunity to be heard; joinder.
  (1) Before a child custody determination is made under ORS 109.701 to 109.834, notice and an opportunity to be heard in accordance with the standards...
• 109.757   Simultaneous proceedings.
  (1) Except as otherwise provided in ORS 109.751, a court of this state may not exercise its jurisdiction under ORS 109.741 to 109.771 if, at...
• 109.760   [1973 c.375 §6; repealed by 1999 c.649 §55]
• 109.761   Inconvenient forum.
  (1) A court of this state that has jurisdiction under ORS 109.701 to 109.834 to make a child custody determination may decline to exercise its...
• 109.764   Jurisdiction declined by reason of conduct.
  (1) Except as otherwise provided in ORS 109.751 or 419B.100, if a court of this state has jurisdiction under ORS 109.701 to 109.834 because a...
• 109.767   Information to be submitted to court.
  (1) In a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath...
• 109.770   [1973 c.375 §7; 1981 c.897 §34; repealed by 1999 c.649 §55]
• 109.771   Appearance of parties and child.
  (1) In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear...
• 109.774   Definitions for ORS 109.774 to 109.827.
  As used in ORS 109.774 to 109.827: (1) “Petitioner” means a person who seeks enforcement of an order for return of a child under the...
• 109.777   Enforcement under Hague Convention.
  Under ORS 109.774 to 109.827, a court of this state may also enforce an order for the return of the child made under the Hague...
• 109.780   [1973 c.375 §8; 1981 c.897 §35; repealed by 1999 c.649 §55]
• 109.781   Duty to enforce.
  (1) A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised...
• 109.784   Temporary order for parenting time or visitation.
  In a child custody enforcement proceeding authorized by law: (1) A court of this state that does not have jurisdiction to modify a child custody...
• 109.787   Registration of child custody determination; notice; hearing.
  (1) A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for...
• 109.790   [1973 c.375 §9; 1997 c.707 §24; repealed by 1999 c.649 §55]
• 109.791   Enforcement of registered determination.
  (1) A court of this state may grant any relief normally available under the law of this state to enforce a registered child custody determination...
• 109.794   Simultaneous proceedings.
  If a proceeding for enforcement under ORS 109.774 to 109.827 is commenced in a court of this state and the court determines that a proceeding...
• 109.797   Expedited enforcement of child custody determination.
  (1) A petition under ORS 109.774 to 109.827 must be verified. Certified copies of all orders sought to be enforced and of any order confirming...
• 109.800   [1973 c.375 §10; 1997 c.707 §25; repealed by 1999 c.649 §55]
• 109.801   Service of petition and order.
  Except as otherwise provided in ORS 109.807, the petition and order for enforcement of a child custody determination must be served by the petitioner, by...
• 109.804   Immediate physical custody of child allowed; exceptions; spousal privilege not allowed in certain proceedings.
  (1) Unless the court issues a temporary emergency order under ORS 109.751, upon a finding that a petitioner is entitled to immediate physical custody of...
• 109.807   Warrant to take physical custody of child.
  (1) Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of...
• 109.810   [1973 c.375 §11; repealed by 1999 c.649 §55]
• 109.811   Costs, fees and expenses.
  (1) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs,...
• 109.814   Recognition and enforcement.
  A court of this state shall accord full faith and credit to an order issued by another state and consistent with ORS 109.701 to 109.834...
• 109.817   Appeals.
  An appeal may be taken from a final order in a proceeding under ORS 109.774 to 109.827 in accordance with ORS chapter 19. Unless the...
• 109.820   [1973 c.375 §12; repealed by 1999 c.649 §55]
• 109.821   Role of district attorney.
  (1) In a case arising under ORS 109.701 to 109.834 or involving the Hague Convention on the Civil Aspects of International Child Abduction, the district...
• 109.824   Role of law enforcement officer.
  At the request of a district attorney acting under ORS 109.821, a law enforcement officer may take any lawful action reasonably necessary to locate a...
• 109.827   Costs and expenses of district attorney and law enforcement officers.
  If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the district attorney...
• 109.830   [1973 c.375 §13; repealed by 1999 c.649 §55]
• 109.831   Application and construction.
  In applying and construing ORS 109.701 to 109.834, consideration must be given to the need to promote uniformity of the law with respect to its...
• 109.834   Severability clause.
  If any provision of ORS 109.701 to 109.834 or its application to any person or circumstance is held invalid, the invalidity does not affect other...
• 109.840   [1973 c.375 §14; repealed by 1999 c.649 §55]
• 109.850   [1973 c.375 §15; 1981 c.897 §36; repealed by 1999 c.649 §55]
• 109.860   [1973 c.375 §16; repealed by 1999 c.649 §55]
• 109.870   [1973 c.375 §17; repealed by 1999 c.649 §55]
• 109.880   [1973 c.375 §18; repealed by 1999 c.649 §55]
• 109.890   [1973 c.375 §19; repealed by 1999 c.649 §55]
• 109.900   [1973 c.375 §20; repealed by 1999 c.649 §55]
• 109.910   [1973 c.375 §21; repealed by 1999 c.649 §55]
• 109.920   [1973 c.375 §22; repealed by 1999 c.649 §55]
• 109.930   [1973 c.375 §24; repealed by 1999 c.649 §55]
• 109.990   Penalty.
  (1) A person who violates ORS 109.311 (3) or who submits a false statement under ORS 109.311 (1) commits a Class C felony. (2) A...

Last modified: August 7, 2008