Chapter 419B — Chapter 419B
236 sections in this chapter.
ORS 419B.550 Definitions for ORS 419B.550 to 419B.558. As used in ORS 419B.550 to 419B.558
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(1) “Domicile” of a minor means the legal residence or domicile of the custodial parent or guardian. (2) “Emancipation” means conferral of certain rights of majority upon a minor, as enumerated in ORS 419B.552. (3) “Minor” means a person under the age of 18 years. (4) “Parent” me…
ORS 419B.552 Application for emancipation judgment; effect of judgment. (1) A juvenile court, upon the written application of a minor who is domiciled within the jurisdiction of such court, is authorized to enter a judgment of emancipation in the manner provided in ORS 419B.558. A judgment of emancipation shall serve only to
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(a) Recognize the minor as an adult for the purposes of contracting and conveying, establishing a residence, suing and being sued, and making a will, and recognize the minor as an adult for purposes of the criminal laws of this state. (b) Terminate as to the parent and child rela…
ORS 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 filed or as soon as possible thereafter. At the time of the preliminary hearing, the court may issue a temporary custody order, stay any pending proceedings or enter any other temporary order appropriate to the circumstances. No action of the court pursuant to this subsection may be extended beyond the date set for a final hearing
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(2) The final hearing shall be held no later than 60 days or as soon as possible after the date on which the application is filed. (3) Notice to the parent or parents of the applicant shall be made pursuant to ORS 419B.812 to 419B.839. (4) At the preliminary hearing, the court sh…
ORS 419B.558 Entry of judgment of emancipation. (1) The juvenile court in its discretion may enter a judgment of emancipation where the minor is at least 16 years of age and the court finds that the best interests of the minor will be served by emancipation. In making its determination, the court shall take into consideration the following factors
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(a) Whether the parent of the minor consents to the proposed emancipation; (b) Whether the minor has been living away from the family home and is substantially able to be self-maintained and self-supported without parental guidance and supervision; and (c) Whether the minor can d…
ORS 419B.600 Policy on Indian child welfare. 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 children from their families and, if removal is necessary and lawful, to prioritize the placement of an Indian child with the Indian child’s extended family and tribal community. The state recognizes the inherent jurisdiction of Indian tribes to make decisions regarding the custody of Indian children. The state also recognizes the importance of ensuring that Indian children and Indian families receive appropriate services to obviate the need to remove an Indian child from the Indian child’s home and, if removal is necessary and lawful, to effect the child’s safe return home. ORS 419B.600 to 419B.654 create additional safeguards for Indian children to address disproportionate rates of removal, to improve the treatment of and services provided to Indian children and Indian families in the child welfare system and to ensure that Indian children who must be removed are placed with Indian families, communities and cultures. [2020 s.s.1 c.14 §1]
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Note: 419B.600 to 419B.665 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 419B or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 419B.603 Definitions. As used in ORS 419B.600 to 419B.654, unless the context provides otherwise
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(1)(a) “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. (b) “Child custody proceeding” does not include: (A) A proceeding for the custody or support of, or par…
ORS 419B.606 Custody; presumption of continued custody. (1) 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
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(2) 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, custody of the Indian child. (3) For purposes of ORS 419B.600 to 419B.654, the following individuals are presumed to have continue…
ORS 419B.609 Acknowledgment or establishment of parentage. (1) 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
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(a) Established under ORS 109.065; (b) Established under tribal law; (c) Recognized in accordance with tribal custom; or (d) Subject to subsection (2) of this section, acknowledged orally or in writing by the man to the court, to the Department of Human Services or to an Oregon l…
ORS 419B.612 Best interests of Indian child. 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 the Indian Child Welfare Act, the court shall, in consultation with the Indian child’s tribe, consider the following
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(1) The protection of the safety, well-being, development and stability of the Indian child; (2) The prevention of unnecessary out-of-home placement of the Indian child; (3) The prioritization of placement of the Indian child in accordance with the placement preferences under ORS…
ORS 419B.615 Assistance enrolling child in tribe; notice to parents. (1) 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
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(2) In any child custody proceeding under ORS chapter 419B, when the department determines the department has reason to know that the child is an Indian child, and if the department reasonably believes that the Indian child is eligible for enrollment in a tribe, the department sh…
ORS 419B.618 Determination of Indian child’s tribe. (1) 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
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(a) If the Indian child is a member of or is eligible for membership in only one tribe, the tribe of which the Indian child is a member or eligible for membership. (b) If the Indian child is a member of one tribe but is eligible for membership in one or more other tribes, the tri…
ORS 419B.621 Judicial determination of Indian child’s residence, domicile and status as ward. 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 necessary to make a determination under this section. [2020 s.s.1 c.14 §9; 2021 c.398 §3]
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Note: See note under 419B.600.
ORS 419B.622 Domicile. For purposes of ORS 419B.600 to 419B.654
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(1) 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. (2) An Indian child’s domicile is, in order of priority, the domicile of: (a) The Indian child’s parents or, if the Indian chi…
ORS 419B.624 Tribal-state agreements. (1)(a) 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
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(b) 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 state. (2) The purposes of a tribal-state agreement are to promote the contin…
ORS 419B.627 Jurisdiction; limitations; tribal court assumption of jurisdiction. (1) 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
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(2) 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: (a) The Indian child is a ward of a tribal court of the tribe; or (b) The Indian child resides or is domic…
ORS 419B.630 Motion to transfer to tribal court; objection; good cause to deny transfer. (1) 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
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(2) Upon receipt of a transfer motion, the court shall contact the Indian child’s tribe and request a timely response regarding whether the tribe intends to decline the transfer. (3) Transfer of the proceeding is inappropriate if: (a) The Indian child’s tribe has declined the tra…
ORS 419B.633 Transfer to tribal court. Upon granting a transfer motion under ORS 419B.630, the court shall expeditiously
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(1) Notify the tribal court of the pending dismissal of the child custody proceeding; (2) Transfer all information regarding the proceeding, including pleadings and court records, to the tribal court; (3) If the Indian child is alleged to be within the jurisdiction of the juvenil…
ORS 419B.636 Inquiry to determine whether child is Indian child; when there is reason to know child is Indian child; notice. (1) In an emergency proceeding, the person taking the child into protective custody shall make a good faith effort to
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(a) Determine whether the person has reason to know that the child is an Indian child; and (b) 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 the child’s affiliation. (2) E…
ORS 419B.639 Notice to tribe in emergency proceeding; notice in other proceedings; form and timing of notice; exception. (1)(a) 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
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(b) Notification under this subsection must include the basis for the child’s removal, the time, date and place of the initial hearing and a statement that the tribe has the right to participate in the proceeding as a party or in an advisory capacity under ORS 419B.875. (2) Excep…
ORS 419B.642 Qualified expert witness. (1) 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 the United States Bureau of Indian Affairs in locating individuals meeting the criteria described in subsection (3) or (4) of this section. The petitioner shall file a declaration with the court describing the efforts the petitioner made under this subsection to identify a qualified expert witness
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(2) At a hearing under ORS 109.326, 109.330, 419B.340, 419B.365, 419B.366 or 419B.521, if the court has found that there is reason to know that a child is an Indian child, at least one qualified expert witness must testify regarding: (a) Whether the continued custody of the India…
ORS 419B.645 Active efforts. (1) 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
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(2) 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 determine whether active efforts have been made to prevent the breakup of the family or to reunite the f…
ORS 419B.646 Right to appear; withdrawal by party. (1) 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
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(2) 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 counsel if the attorney establishes to the satisfaction of the Oregon State Bar that: (a) The attorney will appear in a court …
ORS 419B.647 Right to counsel. (1) If there is reason to know that a child in a proceeding under ORS chapter 419B is an Indian child
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(a) The court shall appoint counsel to represent the Indian child. (b) 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 and experien…
ORS 419B.648 Right to examine reports or documents. (1) 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 or federal law
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(2) The preservation of confidentiality under this section does not relieve the court or any petitioners in an adoption proceeding from the duty to comply with the placement preferences under ORS 419B.654 (2) if the child is an Indian child. [2020 s.s.1 c.14 §21; 2021 c.398 §28] …
ORS 419B.651 Vacating order or judgment regarding jurisdiction, placement, guardianship or termination of parental rights; effect of vacated order or judgment. (1) 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
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(a) The Indian child who was alleged to be within the jurisdiction of the court under ORS 109.276 or 419B.100; (b) The Indian child’s parent or Indian custodian from whose custody such child was removed or whose parental rights were terminated; or (c) The Indian child’s tribe. (2…
ORS 419B.652 Determination regarding improper removal or retainment; effect of determination; exception. (1) 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 orally on the record or in writing
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(2) If the court finds that the Indian child has been improperly removed or improperly retained, the court shall order the Department of Human Services to immediately return the Indian child to the child’s parent or Indian custodian and dismiss the proceeding, unless the court de…
ORS 419B.654 Placement preferences; motion for placement contrary to preferences for good cause. (1) 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
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(a) Most closely approximates a family, taking into consideration sibling attachment; (b) Allows the Indian child’s special needs, if any, to be met; (c) Is in reasonable proximity to the Indian child’s home, extended family or siblings; and (d)(A) Is in accordance with the order…
ORS 419B.656 Tribal customary adoption; rules; forms. (1) 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
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(2) If the juvenile court determines that tribal customary adoption is in the best interests, as described in ORS 419B.612, of a ward who is an Indian child and the child’s tribe consents to the tribal customary adoption: (a) The Department of Human Services shall provide the Ind…
ORS 419B.657 Reports to Legislative Assembly. 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
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(1) The number of Indian children involved in dependency proceedings during the prior two-year period. (2) The average duration Indian children were in protective custody. (3) The ratio of Indian children to non-Indian children in protective custody. (4) Which tribes the Indian c…
ORS 419B.660 Conflict of laws. (1) 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, Indian custodian or tribe than the Indian Child Welfare Act
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(a) The higher standard of protection in the Indian Child Welfare Act shall control; and (b) It shall not serve to render inoperative any remaining provisions 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…
ORS 419B.663 Full faith and credit. 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. [2020 s.s.1 c.14 §63]
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Note: See note under 419B.600.
ORS 419B.665 Rules. The Department of Human Services and the Judicial Department may adopt rules to implement ORS 419B.600 to 419B.654. [2020 s.s.1 c.14 §65]
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Note: See note under 419B.600. JUVENILE COURT DEPENDENCY PROCEDURE
ORS 419B.800 Applicability of ORS 419B.800 to 419B.929. (1) ORS 419B.800 to 419B.929 govern procedure and practice in all juvenile court proceedings under this chapter. The Oregon Rules of Civil Procedure do not apply in these proceedings
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(2) ORS 419B.800 to 419B.929 apply to all proceedings under this chapter pending on or filed on or after January 1, 2002, except when, in the opinion of the court, application in a case pending on January 1, 2002, would not be feasible or would work an injustice. (3) ORS 419B.800…
ORS 419B.803 Jurisdiction. (1) A juvenile court having subject matter jurisdiction has jurisdiction over
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(a) A party, who has been served in the matter as provided in ORS 419B.812 to 419B.839 to the extent that prosecution of the action is not inconsistent with the Constitution of this state and the Constitution of the United States; (b) A child under 12 years of age who is the subj…
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 or ward
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(2) In any action filed in the juvenile court in which the legal or physical custody of a child or ward is at issue and there is also a child custody, parenting time, visitation, restraining order, adjudication of parentage or Family Abuse Prevention Act action involving the chil…
ORS 419B.809 Petition; contents; form; dismissal. (1) Any person may file a petition in the juvenile court alleging that a child named therein is within the jurisdiction of the court under ORS 419B.100
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(2) The petition and all subsequent court documents in the proceeding must be entitled “In the matter of _____, a child.” The petition must be in writing, signed by the petitioner or the petitioner’s attorney and verified. (3) When the petition is filed by a peace officer, distri…
ORS 419B.812 Issuance of summons; time for hearing on petition. (1) As used in this section and ORS 419B.815, 419B.819 and 419B.824, a “true copy” of a summons or petition means an exact and complete copy of the original summons or petition with a certificate upon the copy signed by an attorney of record or a party that indicates that the copy is exact and complete
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(2) A summons under ORS 419B.815 or 419B.819 must be titled “In the matter of _____, a child” and must contain the name of the person to be served and the address at which the summons and petition may be served. (3) The summons must be issued no later than 30 days after the filin…
ORS 419B.815 Summons for proceeding to establish jurisdiction under ORS 419B.100; contents; failure to appear. (1) A court may make an order establishing jurisdiction under ORS 419B.100 only after service of summons and a true copy of the petition as provided in ORS 419B.812, 419B.823, 419B.824, 419B.827, 419B.830, 419B.833 and 419B.839
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(2) A summons under this section must require one of the following: (a) That the person appear personally before the court at the time and place specified in the summons for a hearing on the allegations of the petition; (b) That the person appear personally before the court at th…
ORS 419B.816 Notice to person contesting petition to establish jurisdiction. If the person appears in the manner provided in ORS 419B.815 (2)(b) or (c) and the person contests the petition, the court, by written order provided to the person in person or mailed to the person at the address provided by the person, or by oral order made on the record, shall
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(1) Inform the person of the time, place and purpose of the next hearing or hearings related to the petition; (2) Require the person to appear personally at the next hearing or hearings related to the petition; (3) Inform the person that, if the person is represented by an attorn…
ORS 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
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______________________________________________________________________________ IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR ____________ COUNTY In the Matter of ) ) No. ) Petition No. ) A Child. ) SUMMONS TO: Name and address IN THE NAME OF THE STATE OF OREGON: You are directe…
ORS 419B.819 Summons for proceeding to establish permanent guardianship or terminate parental rights; contents; failure to appear. (1) A court may make an order establishing permanent guardianship under ORS 419B.365 or terminating parental rights under ORS 419B.500, 419B.502, 419B.504, 419B.506 or 419B.508 only after service of summons and a true copy of the petition on the parent, as provided in ORS 419B.812, 419B.823, 419B.824, 419B.827, 419B.830 and 419B.833. An alleged genetic parent who satisfies the criteria set out in ORS 419B.839 (1)(d) or 419B.875 (1)(a)(C) also must be served with summons and a true copy of the petition, unless a court of competent jurisdiction has found the alleged genetic parent not to be the child or ward’s legal or genetic parent or the alleged genetic parent has filed a petition for adjudication of parentage that was dismissed and no appeal of the judgment or order is pending
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(2) A summons under this section must require one of the following: (a) That the parent appear personally before the court at the time and place specified in the summons for a hearing on the allegations of the petition; (b) That the parent appear personally before the court at th…
ORS 419B.820 Notice to parent contesting petition to establish permanent guardianship or terminate parental rights. If the parent appears in the manner provided in ORS 419B.819 (2)(b) or (c) and the parent contests the petition, the court, by written order provided to the parent in person or mailed to the parent at the address provided by the parent or by oral order made on the record, shall
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(1) Inform the parent of the time, place and purpose of the next hearing or hearings related to the petition; (2) Require the parent to appear personally at the next hearing or hearings related to the petition; (3) Inform the parent that, if the parent is represented by an attorn…
ORS 419B.821 [2001 c.622 §8; 2003 c.230 §1; renumbered 419B.823 in 2003]
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[Repealed or reserved.]
ORS 419B.822 Form of summons under ORS 419B.819. The summons for appearance in a proceeding to establish permanent guardianship under ORS 419B.365 or to terminate parental rights under ORS 419B.500, 419B.502, 419B.504, 419B.506 or 419B.508 must be in substantially the following form
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______________________________________________________________________________ IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR ____________ COUNTY In the Matter of ) ) No. ) Petition No. ) A Child. ) SUMMONS TO: Name and address IN THE NAME OF THE STATE OF OREGON: You are directe…
ORS 419B.823 Service of summons generally. The summons must be served, either inside or outside of the state, in a manner reasonably calculated under all the circumstances to apprise the person served of the existence and pendency of the juvenile proceeding and to afford the person a reasonable opportunity to appear. Service of summons may be made, subject to the restrictions and requirements of ORS 419B.824, by the following methods
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(1) Personal service of the summons and petition upon the person to be served; (2) Substituted service by leaving a copy of the summons and petition at a person’s dwelling house or usual place of abode; (3) Office service by leaving the summons and petition with a person who is a…
ORS 419B.824 Methods of serving summons. (1) Personal service may be made by delivery of a true copy of the summons and a true copy of the petition to the person to be served
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(2) Substituted service may be made by delivering a true copy of the summons and a true copy of the petition at the dwelling house or usual place of abode of the person to be served to any person 14 years of age or older residing in the dwelling house or usual place of abode. Whe…
ORS 419B.827 Responsibility for costs of service of summons and travel expenses of party summoned. The court may authorize payment of travel expenses of any party summoned. Except as provided in this section, responsibility for the payment of the cost of service of summons or other process on any party, and for payment of travel expenses so authorized, shall be borne by the party issuing the summons or requesting the court to issue the summons. When the Department of Human Services issues the summons or requests the court to issue the summons, responsibility for such payment shall be borne by the county. [Formerly 419B.280]
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[Repealed or reserved.]
ORS 419B.830 Return of summons. The summons must be promptly returned to the clerk with whom the petition is filed with proof of service or mailing or with proof that the person to be served cannot be found. The summons may be returned by first class mail. [2001 c.622 §10]
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[Repealed or reserved.]
ORS 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
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(a) 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 service or o…
ORS 419B.836 Effect of error in summons or service of summons. Failure to comply with provisions of ORS 419B.812, 419B.815, 419B.818, 419B.819, 419B.822 and 419B.839 relating to the form of summons, issuance of summons or who may serve summons does not affect the validity of service of summons or the existence of jurisdiction over the person if the court determines that the served person received actual notice of the substance and pendency of the action. The court may allow amendment to a summons or affidavit or certificate of service of summons. The court shall disregard any error in the content of summons that does not materially prejudice the substantive rights of the party to whom summons was issued. If service is made in any manner complying with ORS 419B.812 to 419B.839, the court shall also disregard any error in the service of summons that does not violate the due process rights of the party against whom summons was issued. [2001 c.622 §12; 2003 c.205 §15]
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[Repealed or reserved.]