2017 ORS 419B.823¹
Service of summons generally

The summons must be served, either inside or outside of the state, in a manner reasonably calculated under all the circumstances to apprise the person served of the existence and pendency of the juvenile proceeding and to afford the person a reasonable opportunity to appear. Service of summons may be made, subject to the restrictions and requirements of ORS 419B.824 (Methods of serving summons), by the following methods:

(1) Personal service of the summons and petition upon the person to be served;

(2) Substituted service by leaving a copy of the summons and petition at a person’s dwelling house or usual place of abode;

(3) Office service by leaving the summons and petition with a person who is apparently in charge of an office;

(4) Service by mail; or

(5) Alternative service as ordered by the court under ORS 419B.824 (Methods of serving summons) (5). [Formerly 419B.821]

Notes of Decisions

Depart­ment of Human Services properly served parents with summons “in a manner reasonably calculated...to apprise the per­son served,” as re­quired under this statute, when depart­ment caseworker served parents with summons by posting summons on door to parents’ home, e-mailing summons to parents and mailing summons to parents’ home. Dept. of Human Services v. K.L., 272 Or App 216, 355 P3d 926 (2015)

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.