2017 ORS 419B.220¹
Appointment of surrogate

(1) Upon the request of any party, the court shall appoint a surrogate for a child who is temporarily or permanently in the custody of, or committed to, a public or private agency through the action of the juvenile court if:

(a) The court finds that the child may be eligible for special education programs because of a disabling condition as provided in ORS chapter 343;

(b) The child does not already have a surrogate appointed by a school district or other educational agency; and

(c) The requesting party nominates a person who is willing to serve as the surrogate and who meets the requirements described in subsection (2) of this section.

(2) A surrogate appointed under this section:

(a) May not be an employee of the state educational agency, a school district or any other agency that is involved in the education or care of the child;

(b) May not have a conflict of interest that would interfere with the surrogate representing the special education interests of the child;

(c) Shall have knowledge and skills that ensure that the surrogate can adequately represent the child in special education decisions; and

(d) May not be a person who is the child’s parent, guardian or former guardian if:

(A) At any time while the child was under the care, custody or control of the person, a court entered an order:

(i) Taking the child into protective custody under ORS 419B.150 (When protective custody authorized); or

(ii) Committing the child to the legal custody of the Department of Human Services for care, placement and supervision under ORS 419B.337 (Commitment to custody of Department of Human Services); and

(B) The court entered a subsequent order that:

(i) The child should be permanently removed from the person’s home, or continued in substitute care, because it was not safe for the child to be returned to the person’s home, and no subsequent order of the court was entered that permitted the child to return to the person’s home before the child’s wardship was terminated under ORS 419B.328 (Ward of the court); or

(ii) Terminated the person’s parental rights under ORS 419B.500 (Termination of parental rights generally) and 419B.502 (Termination upon finding of extreme conduct) to 419B.524 (Effect of termination order). [1993 c.33 §77; 2005 c.662 §14; 2011 c.194 §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

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.