ORS 419B.395¹
Judgment of paternity or nonpaternity

(1) If in any proceeding under ORS 419B.100 (Jurisdiction) or 419B.500 (Termination of parental rights generally) the juvenile court determines that the child or ward has no legal father or that paternity is disputed as allowed in ORS 109.070 (Establishing paternity), the court may enter a judgment of paternity or a judgment of nonpaternity in compliance with the provisions of ORS 109.070 (Establishing paternity), 109.124 (Definitions for ORS 109.124 to 109.230) to 109.230 (Legality of contract between mother and father of child born out of wedlock), 109.250 (Short title) to 109.262 (Uniformity of interpretation) and 109.326 (Consent when husband not father).

(2) Before entering a judgment under subsection (1) of this section, the court must find that adequate notice and an opportunity to be heard was provided to:

(a) The parties to the proceeding;

(b) The man alleged or claiming to be the child or ward’s father; and

(c) The Administrator of the Division of Child Support of the Department of Justice or the branch office providing support services to the county in which the court is located.

(3) When appropriate, the court shall inform a man before the court claiming to be the father of a child or ward that paternity establishment services may be available through the administrator if the child or ward:

(a) Is a child born out of wedlock;

(b) Has not been placed for adoption; and

(c) Has no legal father.

(4) As used in this section:

(a) "Administrator" has the meaning given that term in ORS 25.010 (Definitions for support enforcement laws).

(b) "Child born out of wedlock" has the meaning given that term in ORS 109.124 (Definitions for ORS 109.124 to 109.230).

(c) "Legal father" has the meaning given that term in ORS 419A.004 (Definitions) (16). [2005 c.160 §8]

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. Currency Information