2017 ORS 419B.395¹
Judgment of parentage or nonparentage

(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 fewer than two legal parents or that parentage is disputed as allowed in ORS 109.070 (Presumption of parentage), the court may enter a judgment of parentage or a judgment of nonparentage in compliance with the provisions of ORS 109.065 (Establishing parentage), 109.070 (Presumption of parentage), 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 spouse not parent).

(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 person alleged or claiming to be the child or ward’s parent; 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 person before the court claiming to be the parent of a child or ward that parentage 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 fewer than two legal parents.

(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 parent” has the meaning given that term in ORS 419A.004 (Definitions) (19). [2005 c.160 §8; 2015 c.254 §10; 2015 c.795 §3; 2017 c.651 §42]

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.