(1) Except as provided in ORS 419A.190, any person or entity, including, but not limited to, a party to a juvenile court proceeding under ORS 419B.875 (1) or 419C.285 (1), whose rights or duties are adversely affected by a judgment of the juvenile court may appeal therefrom. An appeal from a circuit court must be taken to the Court of Appeals, and an appeal from a county court must be taken to the circuit court.
(2) If the proceeding is in the circuit court and no record of the proceedings was kept, the court, on motion made not later than 15 days after the entry of the courtís judgment, shall grant a rehearing and shall direct that a record of the proceedings be kept. However, the court may not grant a rehearing in a case barred by ORS 419A.190 without the consent of the child, ward, youth or youth offender affected by such case. If a rehearing is held, the time for taking an appeal runs from the date of entry of the courtís judgment after the rehearing.
(3)(a) The appeal may be taken by causing a notice of appeal, in the form prescribed by ORS 19.250, to be served:
(A) On all parties who have appeared in the proceeding;
(B) On the trial court administrator or other person serving as clerk of the juvenile court; and
(C) On the juvenile court transcript coordinator, if a transcript is designated in connection with the appeal.
(b) The original of the notice with proof of service must be filed with:
(A) The Court of Appeals if the appeal is from a circuit court; or
(B) The circuit court if the appeal is from a county court.
(c) The notice must be filed not later than 30 days after the entry of the courtís judgment. On appeal from the county court, the circuit court shall hear the matter de novo and its judgment is appealable to the Court of Appeals in the same manner as if the proceeding had been commenced in the circuit court.
(4) The counsel in the proceeding from which the appeal is being taken shall file and serve those documents necessary to commence an appeal if the counsel is requested to do so by the party the counsel represents. If the party requesting an appeal is represented by court-appointed counsel, court-appointed counsel may discharge the duty to commence an appeal under this subsection by complying with policies and procedures established by the office of public defense services for appeals of juvenile court judgments.
(5)(a) Upon motion of a person, other than the state, entitled to appeal under subsection (1) of this section, the appellate court shall grant the person leave to file a notice of appeal after the time limits described in subsection (3) of this section if:
(A) The person shows a colorable claim of error in the proceeding from which the appeal is taken; and
(B) The person shows that the failure to file a timely notice of appeal is not personally attributable to the person.
(b) A person other than the state is not entitled to relief under this subsection for failure to file timely notice of cross-appeal when the state appeals pursuant to ORS 419A.208.
(c) The request for leave to file a notice of appeal after the time limits prescribed in subsection (3) of this section must be filed no later than 90 days after entry of the judgment being appealed and must be accompanied by the notice of appeal sought to be filed. A request for leave under this subsection may be filed by mail and is deemed filed on the date of mailing if the request is mailed as provided in ORS 19.260.
(d) The court may not grant relief under this subsection unless the state has notice and opportunity to respond to the personís request for relief.
(6) An appeal to the Court of Appeals must be conducted in the same manner as an appeal under ORS chapter 19 except that:
(a) The court shall advance the appeal on the courtís docket in the same manner as appeals in criminal cases; and
(b) The courtís scope of review is de novo on the record.
(7)(a) Except as provided in ORS 419A.208 (2), or when otherwise ordered by the appellate court, the filing of an appeal does not suspend an order or judgment of the juvenile court nor discharge the ward or youth offender from the custody of the person, institution or agency in whose custody the ward or youth offender may have been placed nor preclude the juvenile court after notice and hearing from entering such further orders relating to the ward or youth offenderís custody pending final disposition of the appeal as it finds necessary by reason only of matters transpiring subsequent to the order or judgment appealed from. The trial court administrator shall immediately file certified copies of any such order or judgment with the Court of Appeals.
(b) Notwithstanding the filing of an appeal from a jurisdictional or dispositional judgment or an order entered pursuant to ORS 419B.449 or 419B.476, the juvenile court may proceed with the adjudication of a petition seeking termination of the parental rights of a parent of the ward who is subject to the judgment from which the appeal is taken.
(c) The appeal of any judgment entered in a termination of parental rights proceeding under paragraph (b) of this subsection must be consolidated, if appropriate, with any pending appeal of an order or judgment entered under ORS 419B.325, 419B.449 or 419B.476. The consolidated appeal must be conducted and advanced on the courtís docket in the same manner as termination of parental rights cases.
(8) On appeal of a judgment or final order, the appellate court may review any interlocutory order that:
(a) Involves the merits or necessarily affects the judgment or final order appealed from; and
(b) Was made after entry of the last appealable judgment or final order preceding entry of the judgment or final order being appealed.
(9) The district attorney or Attorney General shall represent the state in the appeal. [1993 c.33 §47; 1995 c.79 §214; 1995 c.422 §66; 1997 c.389 §10; 1997 c.761 §5; 1999 c.263 §1; 1999 c.859 §15a; 2001 c.480 §§3,3a; 2001 c.910 §3; 2003 c.396 §28; 2007 c.58 §1]Section: Previous 419A.122 419A.124 419A.128 419A.150 419A.170 419A.180 419A.190 419A.200 419A.205 419A.208 419A.211 419A.250 419A.253 419A.255 419A.256 Next
Last modified: August 7, 2008