2017 ORS 419B.305¹
When hearing must be held
  • continuation
  • priority

(1) Except as otherwise provided in this section, no later than 60 days after a petition alleging that a child is within the jurisdiction of the court under ORS 419B.100 (Jurisdiction) has been filed, the court shall hold a hearing on the petition and enter an order under ORS 419B.325 (Disposition required) (1). Upon written order supported by factual findings of good cause, the court may continue a petition beyond 60 days.

(2) No later than 30 days after a petition alleging jurisdiction under ORS 419B.100 (Jurisdiction) is filed all parties shall comply with ORS 419B.881 (Disclosure).

(3) When a person denies allegations in the petition, the court shall set the case for a hearing within the time limits prescribed by subsection (1) of this section. Upon written order supported by factual findings of good cause, the court may continue the hearing beyond the 60-day time limit.

(4) Upon expiration of any continuance granted by this section, the court shall give a petition filed under ORS 419B.100 (Jurisdiction) that is beyond the time limit imposed by subsection (1) of this section the highest priority on the court docket. [1997 c.873 §18; 1999 c.859 §9; 2001 c.622 §53]

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.