2007 ORS 419B.205¹
Appointment of counsel for parent or legal guardian

(1) Counsel shall be appointed for the parent or legal guardian whenever the nature of the proceedings and due process so require, and when the parent or legal guardian has been determined by the court to be eligible to receive appointed counsel under the standard in ORS 135.050 (Eligibility for court-appointed counsel) or the policies, procedures, standards and guidelines adopted under ORS 151.216 (Duties). In deciding whether to appoint counsel under this section, the court shall consider the following factors:

(a) The duration and degree of invasiveness of the interference with the parent-child relationship that possibly could result from the proceeding;

(b) The complexity of the issues and evidence;

(c) The nature of allegations and evidence contested by the parent or legal guardian; and

(d) The effect the facts found or the disposition in the proceeding may have on later proceedings or events, including but not limited to termination of parental rights or criminal proceedings.

(2) The court may not substitute one appointed counsel for another except pursuant to the policies, procedures, standards and guidelines adopted under ORS 151.216 (Duties). [1993 c.33 §75; 2001 c.962 §46; 2003 c.449 §§11,47]

Notes of Decisions

Under Former Similar Statutes

Due process does not require the appoint­ment of "independent counsel" to represent the child in every adop­tion or termina­tion of parental rights pro­ceed­ing. F. v. C., 24 Or App 601, 547 P2d 175 (1976)

When sec­ond termina­tion of parental rights pro­ceed­ing was not itself barred, proof was not limited by res judicata or collateral estoppel principles to facts or evidence which was not considered in or which came in to being after first pro­ceed­ing. State ex rel Juvenile Dept. v. Newman, 49 Or App 221, 619 P2d 901 (1980), Sup Ct review denied


1 Legislative Counsel Committee, CHAPTER 419B—Juvenile Code: Dependency, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­419b.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 419B, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­419bano.­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.