Title 34, Human Services; Juvenile Code; Corrections

(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.812 to 419B.839 to the extent that prosecution of the action is not inconsistent with the Constitution of this state and the Const…

(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. (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 th…

(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. (2) The petition and all subsequent court documents in the proceeding must be entitled “In the matter of _____, a child.” The p…

(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 cop…

(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. (2) A summons under this section must require one o…

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:…

The summons for appearance in a proceeding to establish jurisdiction under ORS 419B.100 must be in substantially the following form: ______________________________________________________________________________ IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR ____________ COUNTY …

(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.81…

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: …

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: ____________________________________________…

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. Serv…

(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. (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…

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 pa…

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]

(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 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 i…

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…

(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 legal or physical custody of the child; (b) The legal guardian of the child; (c) An alleged genetic parent of the child who satisfies …

(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 summons, to bring the child before the court. (2) If the summons cannot be served, if the person to whom the summons is directed fails …

(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 alleged perpetrator of the abuse from having contact with the child or attempting to contact the child and requiring the alleged perp…

(1) A sheriff may serve a restraining order issued under ORS 419B.845 in the county in which the sheriff was elected and in any county that is adjacent to the county in which the sheriff was elected. (2) A sheriff may serve and enter into the Law Enforcement Data System a copy of…

(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 must be signed by the officer issuing the process, and if the process is issued by a clerk of the court, the seal of office of the clerk must be affixed to the…

(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 than one that may be heard ex parte and every written request and similar paper must be served upon each of the par…

(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 court, the day of the act or event from which the designated period of time begins to run is not included. The last day of the period so computed is…

(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 of an action, the court shall disregard an error or defect in a petition, answer, motion, other paper or proceeding that doe…

(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 the factual and legal grounds for the motion and set forth the relief or order sought. (2) ORS 419B.863 and 419B.866 and any local rules of any c…

(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 the register number of the case. (2) When a party does not know the name of another party and alleges that lack of knowledge in a petition, an…

(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 record who is an active licensee of the Oregon State Bar. If a party is not represented by an attorney, the party shall sign the petition, answer, moti…

(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 admit or deny the allegations. Unless the court specifies how admissions or denials are to be made pursuant to ORS 419B.800, admiss…

(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, motion or other paper. Whenever an amended petition, answer, motion or other paper is filed, it shall be served upon all parties. When …

(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 the child or ward; (C) An alleged genetic parent of the child or ward who has demonstrated a direct and significant commitment to the chi…

(1) The grandparent of a ward who has been placed in the legal custody of the Department of Human Services for care, placement and supervision pursuant to ORS 419B.337 and who is in substitute care as defined in ORS 419A.004 may, at any hearing concerning the ward except for a he…

(1) When a court conducts a hearing, the court shall inquire and make a finding, subject to the procedures under ORS 419B.636 (4), regarding whether a child is an Indian child. (2) If the court enters an order described in ORS 419B.636 (4)(b) directing that the child be treated a…

(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 ad litem appointed under ORS 419B.231 the following information and material within the possession or under the control of the part…

(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 be taken to perpetuate the testimony of a witness who is: (a) Outside the jurisdiction of, or otherwise not subject to the process of, the c…

(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 competency, relevancy, or materiality of testimony are not waived by failure to make them before or during the taking of a deposition unl…

(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 event the motion is not granted, may move for dismissal of any or all of the allegations of the petition on the ground that upon…

(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 and place to testify as a witness on behalf of a particular party mentioned in the subpoena or may require the person to produce books, papers, documents or…

A subpoena may command the person to whom it is directed to produce and permit inspection and copying, at the time and place specified in the subpoena, of designated books, papers, documents or other tangible things in the possession, custody or control of the person. A command t…

(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 from a subpoena commanding the attendance of a person, to produce and permit inspection of books, papers, documents or other tangible things. A subpoena may…

(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), (3) and (4) of this section, the service must be made by delivering a copy to the witness personally. The service must be made so as to allow the witness…

If a witness is confined in a prison or jail in this state, a subpoena may be served on the witness and attendance of the witness may be compelled. The subpoena and court order must be served upon the custodian of the witness. The court may order: (1) Temporary removal and produc…

Witnesses subpoenaed to give testimony shall receive the same fees as are paid in criminal cases. Except as provided by this section, responsibility for the per diem and mileage fees of any witness, and travel expenses if so ordered by the court, shall be borne by the party who s…

Disobedience to a subpoena or a refusal to be sworn or answer as a witness is punishable as contempt by the court before whom the action is pending or by the judge or justice issuing the subpoena. [2001 c.622 §30]

If the child or ward is before the court, the court has the power to proceed with the case without service upon those entitled to service under ORS 419B.812 to 419B.839 if diligent efforts have failed to reveal the identity or the whereabouts of the person, except that: (1) No or…

(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 of appearing personally, to participate in any hearing related to a petition alleging jurisdiction under ORS 419B.100…

If it appears to the court that a person required to be summoned under ORS 419B.812 to 419B.839 was not served as required by ORS 419B.812 to 419B.839 or was served on such short notice that the person did not have a reasonable opportunity to appear at the time fixed, upon motion…

(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 set aside any order or judgment made by it. Reasons for modifying or setting aside an order or judgment include, but are not limited to: (a) Cl…

(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 it pending appeal as provided in ORS 19.335, 19.340 and 19.350 or other provision of law. (2) This section does not limit the right of a party to a stay otherwise pro…

A court may enforce an order or judgment directing a party to perform a specific act by punishing the party refusing or neglecting to comply with the order or judgment, as for a contempt as provided in ORS 33.015 to 33.155. [2001 c.622 §35] MISCELLANEOUS

The State Court Administrator shall establish a statewide program to educate judges who hear dependency cases under ORS chapter 419B about federal and state adoption and child welfare laws. The program shall include continuing legal education concerning changes in federal and sta…