2017 ORS 419B.127¹
Transfer to court of county of child or ward’s residence

(1) A court, on its own motion or on the motion of a party made at any time prior to disposition, shall transfer a proceeding to the court of the county where a child resides if the proceeding was initiated in a court of a county other than the county where the child resides.

(2) A court, on its own motion or on the motion of a party made at any time during the proceeding, may transfer a proceeding to the court of the county where a child or ward resides if:

(a) The residence of the child or ward changes during the proceeding; or

(b) The ward has been adjudicated to be within the jurisdiction of the court under ORS 419B.100 (Jurisdiction) (1)(b) or (c) and other proceedings involving the ward are pending in the county of the ward’s residence.

(3) The clerk of a court transferring a proceeding under this section shall notify the court to which the proceeding is transferred. [1993 c.33 §57; 2003 c.396 §37; 2017 c.252 §17]

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

Chapter 419B

Notes of Decisions

Due process rights of parents are al­ways implicated in construc­tion and applica­tion of pro­vi­sions of this chapter. Depart­ment of Human Services v. J.R.F., 351 Or 570, 273 P3d 87 (2012)

1 Legislative Counsel Committee, CHAPTER 419B—Juvenile Code: Dependency, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors419B.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 419B, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano419B.­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.