ORS 416.435¹
Certification of paternity issue to circuit or juvenile court
  • trial

(1) Except as provided in subsection (2) of this section, when a response denying paternity and requesting a hearing is received pursuant to ORS 416.415 (Notice and finding of financial responsibility) (3), or paternity is a valid issue as determined by the administrator under ORS 416.430 (Establishing paternity of child), the certification to the circuit court shall be to the court in the judicial district where the parent or dependent child resides.

(2) Notwithstanding subsection (1) of this section, if there is an Oregon juvenile court case regarding the dependent child, the matter may be certified to the county that has jurisdiction of the juvenile court case.

(3) The certification shall include true copies of the notice and finding of financial responsibility, the return of service, the denial of paternity and request for hearing and any other relevant papers.

(4) The court shall set the matter for trial and notify the parties of the time and place of trial.

(5) If paternity is established, the monthly support and the amount of past support to be ordered may be established under ORS 416.427 (Hearings procedure). [1979 c.421 §6; 1985 c.671 §39; 1989 c.811 §8; 1991 c.519 §5; 1995 c.514 §10; 2003 c.572 §17]

Notes of Decisions

DHR could not require custodial parent to reimburse for public assistance provided mi­nor child where child left parent's home without permission and without cause. Depart­ment of Human Resources v. McGraw, 68 Or App 834, 683 P2d 154 (1984), Sup Ct review denied

Law Review Cita­tions

69 OLR 692 (1990)

1 Legislative Counsel Committee, CHAPTER 416—Recovery of Aid and Support, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors416.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 416, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­416ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information