2017 ORS 419B.809¹
Petition
  • contents
  • form
  • dismissal

(1) Any person may file a petition in the juvenile court alleging that a child named therein is within the jurisdiction of the court under ORS 419B.100 (Jurisdiction).

(2) The petition and all subsequent court documents in the proceeding must be entitled “In the matter of_____, a child.” The petition must be in writing, signed by the petitioner or the petitioner’s attorney and verified.

(3) When the petition is filed by a peace officer, district attorney, attorney general, juvenile department counselor, employee of the Department of Human Services or employee of the Oregon Youth Authority, the petition may be verified upon the information and belief of the petitioner. In all other cases, the petition must be based on the personal knowledge of the petitioner.

(4) The petition alleging jurisdiction must set forth in ordinary and concise language such of the following facts as are known and indicate any that are not known. The petition shall:

(a) Contain the name, age and residence of the child.

(b) Contain the facts that bring the child within the jurisdiction of the court, including sufficient information to put the parties on notice of the issues in the proceeding.

(c) Contain the name and residence of the child’s parent and, in cases under ORS 419B.100 (Jurisdiction), the names of persons with whom, and the places where, the child has resided for the previous five years.

(d) Indicate whether there is a proceeding involving the custody of the child pending in any court.

(e) Indicate whether a person other than a parent has or claims to have physical custody of the child and, if so, the name and residence of the person having physical custody of the child.

(f) Indicate whether the petitioner has participated in any capacity in any other proceeding concerning the custody of or parenting time or visitation with the child and, if so, the court, case number and date of any child custody determination.

(g) Indicate whether the petitioner knows of any proceeding that could affect the current proceeding and, if so, the court, case number and date of the proceeding.

(5) At any time after a petition is filed, the court may make an order providing for temporary custody of the child.

(6) The court, on motion of an interested party or on its own motion, may at any time direct that the petition be amended. If the amendment results in a substantial departure from the facts originally alleged, the court shall grant such continuance as the interests of justice may require.

(7) Prior to an adjudicatory hearing on the petition, the court may dismiss the petition provided that every party has had an opportunity to investigate and present a case supporting the petition or has waived the opportunity to investigate and the right to present a case. At or after an adjudicatory hearing, the court may dismiss the petition at any other stage of the proceedings.

(8) The petition for jurisdiction must be in substantially the following form.

______________________________________________________________________________

FOR ____________ COUNTY

In the Matter of )

) No.

) Petition No.

)

A Child. ) PETITION

TO THE ABOVE-ENTITLED COURT:

Petitioner, whose name appears below, respectfully represents to the Court as follows:

1. The name, age and residence of the above-named child are as follows: (name); (age);

(DOB); (resides at), _______________, Oregon. (Alternative: The name and age of the above-named

child are as follows:________. The child’s residence is provided in a sealed document because

providing that information would jeopardize the health, safety or liberty of the child or of

a party to the case. ORS 109.767 (Information to be submitted to court).)

2. The child is within the jurisdiction of the Court by reason of the following facts:

A. _______________

B. _______________

3. Uniform Child Custody Jurisdiction and Enforcement Act information:

A. Child(ren)’s present address: _______________(Alternative: The child’s present address is

provided in a sealed document because providing that information would jeopardize the

health, safety or liberty of the child or of a party to the case. ORS 109.767 (Information to be submitted to court).)

B. Places the child(ren) has lived during the previous five years:

_______________

_______________

C. Names and present addresses of persons with whom child(ren) has lived during that

period:

_______________

_______________

D. The petitioner has/has not participated as a party or witness or in any other

capacity in any other proceeding concerning the custody of or parenting time or visitation

with the child. Court, case number and date of any child custody determination:

_______________

E. Petitioner knows/does not know of any proceeding that could affect the current

proceeding. Court, case number and date of the proceeding:

_______________

F. Petitioner knows/does not know of any person who has physical custody of the

child(ren) or claims rights of legal custody, physical custody, parenting time or visitation

with the child(ren). Names and addresses of such persons:

_______________

4. The child resides in ___________ County.

5. The name and present address of each parent is as follows:

_______________

6. The petition is not filed pursuant to the direction of this Court.

WHEREFORE, petitioner prays this Court to have an investigation made of the circumstances concerning the above-named child and to make such order or orders as are appropriate in the circumstances.

DATED: ____________, 2___.

__________________

Petitioner

STATE OF OREGON )

) ss.

County of ______ )

I, ____________, being first duly sworn, on oath or upon affirmation, depose and say that I am the petitioner in the above-entitled proceeding, that I have read the foregoing petition, know the contents thereof, and the same is true as I am informed and believe.

__________________

Petitioner

SIGNED AND SWORN to before me on ____________, 2___.

_____________________

SEAL (Alternate Verification)

STATE OF OREGON )

) ss.

County of ______ )

I, ____________, being first duly sworn, on oath or upon affirmation, depose and say that I am the petitioner in the above-entitled proceeding, that I have read the foregoing petition, know the contents thereof, and the same is true based on my personal knowledge of this matter.

__________________

Petitioner

SIGNED AND SWORN to before me on ____________, 2___.

_____________________

SEAL

______________________________________________________________________________

[2001 c.622 §4]

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.