2017 ORS 419A.200¹
Who may appeal
  • time limitations
  • procedure
  • effect of filing appeal
  • record on appeal
  • disclosure

(1) Except as provided in ORS 419A.190 (Effect of adjudicatory hearing or admission), any person or entity, including, but not limited to, a party to a juvenile court proceeding under ORS 419B.875 (Parties to proceedings) (1) or 419C.285 (Parties to delinquency proceeding) (1), whose rights or duties are adversely affected by a judgment of the juvenile court may appeal therefrom. An appeal from a circuit court must be taken to the Court of Appeals, and an appeal from a county court must be taken to the circuit court.

(2) If the proceeding is in the circuit court and no record of the proceedings was kept, the court, on motion made not later than 15 days after the entry of the court’s judgment, shall grant a rehearing and shall direct that a record of the proceedings be kept. However, the court may not grant a rehearing in a case barred by ORS 419A.190 (Effect of adjudicatory hearing or admission) without the consent of the child, ward, youth or youth offender affected by such case. If a rehearing is held, the time for taking an appeal runs from the date of entry of the court’s judgment after the rehearing.

(3)(a) The appeal may be taken by causing a notice of appeal, in the form prescribed by ORS 19.250 (Contents of notice of appeal), to be served:

(A) On all parties who have appeared in the proceeding;

(B) On the trial court administrator or other person serving as clerk of the juvenile court; and

(C) On the juvenile court transcript coordinator, if a transcript is designated in connection with the appeal.

(b) The original of the notice with proof of service must be filed with:

(A) The Court of Appeals if the appeal is from a circuit court; or

(B) The circuit court if the appeal is from a county court.

(c) The notice must be filed not later than 30 days after the entry of the court’s judgment. On appeal from the county court, the circuit court shall hear the matter de novo and its judgment is appealable to the Court of Appeals in the same manner as if the proceeding had been commenced in the circuit court.

(4) The counsel in the proceeding from which the appeal is being taken shall file and serve those documents necessary to commence an appeal if the counsel is requested to do so by the party the counsel represents. If the party requesting an appeal is represented by court-appointed counsel, court-appointed counsel may discharge the duty to commence an appeal under this subsection by complying with policies and procedures established by the office of public defense services for appeals of juvenile court judgments.

(5)(a) Upon motion of a person, other than the state, entitled to appeal under subsection (1) of this section, the appellate court shall grant the person leave to file a notice of appeal after the time limits described in subsection (3) of this section if:

(A) The person shows a colorable claim of error in the proceeding from which the appeal is taken; and

(B) The person shows that the failure to file a timely notice of appeal is not personally attributable to the person.

(b) A person other than the state is not entitled to relief under this subsection for failure to file timely notice of cross-appeal when the state appeals pursuant to ORS 419A.208 (Orders subject to appeal by state).

(c) The request for leave to file a notice of appeal after the time limits prescribed in subsection (3) of this section must be filed no later than 90 days after entry of the judgment being appealed and must be accompanied by the notice of appeal sought to be filed. A request for leave under this subsection may be filed by mail and is deemed filed on the date of mailing if the request is mailed as provided in ORS 19.260 (Filing by mail or delivery).

(d) The court may not grant relief under this subsection unless the state has notice and opportunity to respond to the person’s request for relief.

(6) An appeal to the Court of Appeals must be conducted in the same manner as an appeal under ORS chapter 19 except that the court shall advance the appeal on the court’s docket in the same manner as appeals in criminal cases.

(7)(a) Except as provided in ORS 419A.208 (Orders subject to appeal by state) (2), or when otherwise ordered by the appellate court, the filing of an appeal does not suspend an order or judgment of the juvenile court nor discharge the ward or youth offender from the custody of the person, institution or agency in whose custody the ward or youth offender may have been placed nor preclude the juvenile court after notice and hearing from entering such further orders relating to the ward or youth offender’s custody pending final disposition of the appeal as it finds necessary by reason only of matters transpiring subsequent to the order or judgment appealed from. The trial court administrator shall immediately file certified copies of any such order or judgment with the Court of Appeals.

(b) Notwithstanding the filing of an appeal from a jurisdictional or dispositional judgment or an order entered pursuant to ORS 419B.449 (Review hearing by court) or 419B.476 (Conduct of hearing), the juvenile court may proceed with the adjudication of a petition seeking termination of the parental rights of a parent of the ward who is subject to the judgment from which the appeal is taken.

(c) The appeal of any judgment entered in a termination of parental rights proceeding under paragraph (b) of this subsection must be consolidated, if appropriate, with any pending appeal of an order or judgment entered under ORS 419B.325 (Disposition required), 419B.449 (Review hearing by court) or 419B.476 (Conduct of hearing). The consolidated appeal must be conducted and advanced on the court’s docket in the same manner as termination of parental rights cases.

(8) On appeal of a judgment or final order, the appellate court may review any interlocutory order that:

(a) Involves the merits or necessarily affects the judgment or final order appealed from; and

(b) Was made after entry of the last appealable judgment or final order preceding entry of the judgment or final order being appealed.

(9) The district attorney or Attorney General shall represent the state in the appeal.

(10)(a) The court from which an appeal is taken shall prepare and transmit a record on appeal in the manner provided in ORS 19.365 (Preparation and transmission of record generally), except that, when the appeal is to the circuit court from a county court, the record on appeal shall be prepared and transmitted by the county court to the circuit court.

(b) The court to which an appeal is taken under this section shall keep a record of the case on appeal that includes but is not limited to notices of appeal, briefs, motions, orders of the court and other papers filed with the court on appeal.

(c) The record on appeal prepared and transmitted under paragraph (a) of this subsection, when it is in the custody of the court to which the appeal is taken, and the record of the case on appeal kept under paragraph (b) of this subsection are subject to the same limitations on inspection, copying and disclosure of records, reports and materials as those set forth under ORS 419A.255 (Maintenance).

(d) The court on appeal may consent to disclosure of:

(A) Records described in paragraph (a) of this subsection, while in the custody of the court to which the appeal is taken, in the same manner and under the same circumstances as the juvenile court consents to disclosure under ORS 419A.255 (Maintenance);

(B) Records described in paragraph (b) of this subsection; or

(C) An audio or video recording prepared of an oral proceeding on appeal, in the same manner as permitted under ORS 419A.256 (When transcript of proceeding is part of record of case) (1)(b), (3) and (4).

(e) Notwithstanding any other provision of law, any decision, as that term is defined in ORS 19.450 (Appellate judgment), issued by the Court of Appeals or the Supreme Court, on appeal or review of a juvenile court decision, is not confidential and is not exempt from disclosure. [1993 c.33 §47; 1995 c.79 §214; 1995 c.422 §66; 1997 c.389 §10; 1997 c.761 §5; 1999 c.263 §1; 1999 c.859 §15a; 2001 c.480 §§3,3a; 2001 c.910 §3; 2003 c.396 §28; 2007 c.58 §1; 2009 c.231 §6; 2009 c.484 §12; 2013 c.417 §8; 2014 c.71 §6]

Notes of Decisions

Under Former Similar Statute

Grandparents do not have standing to ap­peal from the disposi­tion of a termina­tion of parentage pro­ceed­ing. State ex rel Juvenile Dept. v. Hayes, 16 Or App 438, 519 P2d 104 (1974)

State is not authorized to ap­peal from order tantamount to judg­ment of acquittal in pro­ceed­ing where juvenile was tried for com­mis­sion of crim­i­nal act. State ex rel Juvenile Dept. v. Knox, 20 Or App 455, 532 P2d 245 (1975)

It is not necessary as a matter of due process that, for the protec­tion of the children’s interests, a parent’s right to ap­peal from an order terminating parental rights be foreclosed for failure to serve notice of ap­peal on children. State ex rel Juvenile Dept. of Multnomah County v. Navarette, 29 Or App 121, 563 P2d 1221 (1977)

Appeals from juvenile court are reviewed de novo, with findings of juvenile court given no weight except on matters of credibility of witnesses. State ex rel Juvenile Depart­ment v. Kent, 31 Or App 1219, 572 P2d 1059 (1977), Sup Ct review denied

Because an order denying remand does not end juvenile court jurisdic­tion it is not ap­pealable. State ex rel Juvenile Depart­ment v. Brown, 33 Or App 423, 576 P2d 830 (1978)

Where order resulting from October review pro­ceed­ing set by court on mo­tion as part of continuing supervision of initial wardship assumed in May merely continued existing place­ment under wardship and made no new or addi­tional disposi­tion, October order was not ap­pealable order. State ex rel Juv. Dept. v. Nagle, 36 Or App 237, 584 P2d 338 (1978)

Ac­tion ap­pealed from denominated as order and disposing of peti­tion duly filed and directing certain things be done which terminated mother’s parental rights was final and ap­pealable order. State ex rel Juv. Dept. v. East, 38 Or App 59, 589 P2d 744 (1979), Sup Ct review denied

In juvenile pro­ceed­ing in which child was accused of mur­dering his sister, where juvenile court allowed mo­tion to suppress results of luminol test and child’s state­ments to authorities, appellate court had no jurisdic­tion to hear state’s ap­peal of suppression order. State ex rel Juv. Dept. v. Leroy, 45 Or App 65, 607 P2d 772 (1980), Sup Ct review denied

State does not have right to ap­peal pretrial suppression order in juvenile case. State ex rel Juv. Dept. v. Gates, 46 Or App 587, 612 P2d 734 (1980), Sup Ct review denied

“Informal” notice requires only that juvenile court actually be apprised of child’s desire to ap­peal. State ex rel Juv. Dept. v. Hardy, 93 Or App 584, 763 P2d 406 (1988), Sup Ct review denied

Person with physical custody of child has standing to ap­peal trial court order giving legal custody to someone else, provided per­son participated in disposi­tional hearing below. State ex rel Juv. Dept. v. Crenshaw, 103 Or App 359, 797 P2d 397 (1990)

Subsec­tion enumerating specific types of order subject to

Appeal By State Supersedes Subsec­tion Providing General Right of Appeal From Final Orders By Persons Adversely Affected. State Ex Rel Juv. Dept. V. M. T., 321 or 419, 899 P2d 1192 (1995)

In General

Youth asserting inadequate assistance of appellate counsel due to untimely filing of ap­peal must show that delayed notice of ap­peal was filed within reasonable time. State ex rel Juvenile Dept. v. Balderas, 172 Or App 223, 18 P3d 434 (2001)

Where state has sought finding of jurisdic­tion based on particular factual allega­tion, duties of state are “adversely affected” by denial of jurisdic­tion on alleged basis regardless of whether court es­tab­lishes jurisdic­tion on other basis. State ex rel State Office for Services to Children and Families v. Imus, 179 Or App 33, 39 P3d 213 (2002)

Order denying request to modify condi­tions of place­ment pre­vi­ously imposed by court is not ap­pealable. State ex rel Juvenile Dept. v. Ortiz, 187 Or App 116, 65 P3d 1118 (2003)

“Colorable claim of error” means claim that party may reasonably assert under current law and that is plausible given facts and given current law or reasonable extension or modifica­tion of current law. State ex rel Dept. of Human Services v. Rardin, 338 Or 399, 110 P3d 580 (2005)

Denial of peti­tion for af­firm­a­tive relief adversely affects rights and duties of peti­tioner. State ex rel Dept. of Human Services v. S.P.B., 218 Or App 97, 178 P3d 307 (2008)

Jurisdic­tional order and disposi­tional judg­ment in juvenile court pro­ceed­ings are separately ap­pealable, and require­ments for filing ap­peal apply to both order and judg­ment separately. State ex rel Juv. Dept. v. J. H.-O., 223 Or App 412, 196 P3d 36 (2008)

Time limita­tions on filing notice of ap­peal under this sec­tion are not facially violative of Due Process Clause of Fourteenth Amend­ment to United States Constitu­tion. Depart­ment of Human Services v. W.S.C., 248 Or App 374, 273 P3d 313 (2012), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 419A—Juvenile Code: General Provisions and Definitions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors419A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 419A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano419A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.