2017 ORS 419B.812¹
Issuance of summons
  • time for hearing on petition

(1) As used in this section and ORS 419B.815 (Summons for proceeding to establish jurisdiction under ORS 419B.100), 419B.819 (Summons for proceeding to establish permanent guardianship or terminate parental rights) and 419B.824 (Methods of serving summons), a “true copy” of a summons or petition means an exact and complete copy of the original summons or petition with a certificate upon the copy signed by an attorney of record or a party that indicates that the copy is exact and complete.

(2) A summons under ORS 419B.815 (Summons for proceeding to establish jurisdiction under ORS 419B.100) or 419B.819 (Summons for proceeding to establish permanent guardianship or terminate parental rights) must be titled “In the matter of_____, a child” and must contain the name of the person to be served and the address at which the summons and petition may be served.

(3) The summons must be issued no later than 30 days after the filing of a petition alleging jurisdiction under ORS 419B.100 (Jurisdiction), a petition to establish a permanent guardianship under ORS 419B.365 (Permanent guardianship) or a petition seeking termination of parental rights under ORS 419B.500 (Termination of parental rights generally), 419B.502 (Termination upon finding of extreme conduct), 419B.504 (Termination upon finding of unfitness), 419B.506 (Termination upon finding of neglect) or 419B.508 (Termination upon finding of abandonment).

(4) The petitioner, the petitioner’s attorney, the juvenile department, the district attorney, the Attorney General or the Department of Human Services may issue a summons.

(5) The summons must be signed by the:

(a) Petitioner;

(b) Petitioner’s attorney;

(c) Juvenile department;

(d) District attorney;

(e) Attorney General; or

(f) Department of Human Services.

(6) The summons must be served with a true copy of the petition.

(7) The summons and petition may be served by any competent person 18 years of age or older who is a resident of the state where service is made or of this state.

(8) The summons and petition may be transmitted by telegraph, facsimile or electronic mail as provided in ORS 419B.848 (Process generally) (3).

(9) The court shall fix the date and time for the hearing on a petition at a reasonable time after service or, if service is by publication, final publication of the summons. The time may not be less than 24 hours after service or, if service is by publication, final publication in a proceeding to establish jurisdiction under ORS 419B.100 (Jurisdiction) and may not be less than 10 days after service or, if service is by publication, final publication in a proceeding to establish permanent guardianship or terminate parental rights. [2001 c.622 §5; 2003 c.205 §1; 2017 c.737 §10]

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.