2017 ORS 419B.875¹
Parties to proceedings
  • rights of limited participation
  • status of grandparents
  • interpreters

(1)(a) Parties to proceedings in the juvenile court under ORS 419B.100 (Jurisdiction) and 419B.500 (Termination of parental rights generally) are:

(A) The child or ward;

(B) The parents or guardian of the child or ward;

(C) A putative father of the child or ward who has demonstrated a direct and significant commitment to the child or ward by assuming, or attempting to assume, responsibilities normally associated with parenthood, including but not limited to:

(i) Residing with the child or ward;

(ii) Contributing to the financial support of the child or ward; or

(iii) Establishing psychological ties with the child or ward;

(D) The state;

(E) The juvenile department;

(F) A court appointed special advocate, if appointed;

(G) The Department of Human Services or other child-caring agency if the agency has temporary custody of the child or ward; and

(H) The tribe in cases subject to the Indian Child Welfare Act if the tribe has intervened pursuant to the Indian Child Welfare Act.

(b) An intervenor who is granted intervention under ORS 419B.116 (Intervention) is a party to a proceeding under ORS 419B.100 (Jurisdiction). An intervenor under this paragraph is not a party to a proceeding under ORS 419B.500 (Termination of parental rights generally).

(2) The rights of the parties include, but are not limited to:

(a) The right to notice of the proceeding and copies of the petitions, answers, motions and other papers;

(b) The right to appear with counsel and, except for intervenors under subsection (1)(b) of this section, to have counsel appointed as otherwise provided by law;

(c) The right to call witnesses, cross-examine witnesses and participate in hearings;

(d) The right of appeal; and

(e) The right to request a hearing.

(3) A putative father who satisfies the criteria set out in subsection (1)(a)(C) of this section shall be treated as a parent, as that term is used in this chapter and ORS chapters 419A and 419C, until the court confirms his parentage or finds that he is not the legal or biological parent of the child or ward.

(4) If no appeal from the judgment or order is pending, a putative father whom a court of competent jurisdiction has found not to be the child or ward’s legal or biological parent or who has filed a petition for filiation that was dismissed is not a party under subsection (1) of this section.

(5)(a) A person granted rights of limited participation under ORS 419B.116 (Intervention) is not a party to a proceeding under ORS 419B.100 (Jurisdiction) or 419B.500 (Termination of parental rights generally) but has only those rights specified in the order granting rights of limited participation.

(b) Persons moving for or granted rights of limited participation are not entitled to appointed counsel but may appear with retained counsel.

(6) If a foster parent, preadoptive parent or relative is currently providing care for a child or ward, the Department of Human Services shall give the foster parent, preadoptive parent or relative notice of a proceeding concerning the child or ward. A foster parent, preadoptive parent or relative providing care for a child or ward has the right to be heard at the proceeding. Except when allowed to intervene, the foster parent, preadoptive parent or relative providing care for the child or ward is not considered a party to the juvenile court proceeding solely because of notice and the right to be heard at the proceeding.

(7)(a) The Department of Human Services shall make diligent efforts to identify and obtain contact information for the grandparents of a child or ward committed to the department’s custody. Except as provided in paragraph (b) of this subsection, when the department knows the identity of and has contact information for a grandparent, the department shall give the grandparent notice of a hearing concerning the child or ward. Upon a showing of good cause, the court may relieve the department of its responsibility to provide notice under this paragraph.

(b) If a grandparent of a child or ward is present at a hearing concerning the child or ward, and the court informs the grandparent of the date and time of a future hearing, the department is not required to give notice of the future hearing to the grandparent.

(c) If a grandparent is present at a hearing concerning a child or ward, the court shall give the grandparent an opportunity to be heard.

(d) The court’s orders or judgments entered in proceedings under ORS 419B.185 (Evidentiary hearing), 419B.310 (Conduct of hearings), 419B.325 (Disposition required), 419B.449 (Review hearing by court), 419B.476 (Conduct of hearing) and 419B.500 (Termination of parental rights generally) must include findings of the court as to whether the grandparent had notice of the hearing, attended the hearing and had an opportunity to be heard.

(e) Notwithstanding the provisions of this subsection, a grandparent is not a party to the juvenile court proceeding unless the grandparent has been granted rights of intervention under ORS 419B.116 (Intervention).

(f) As used in this subsection, “grandparent” means the legal parent of the child’s or ward’s legal parent, regardless of whether the parental rights of the child’s or ward’s legal parent have been terminated under ORS 419B.500 (Termination of parental rights generally) to 419B.524 (Effect of termination order).

(8) Interpreters for parties and persons granted rights of limited participation shall be appointed in the manner specified by ORS 45.275 (Appointment of interpreter for non-English-speaking party, witness or victim) and 45.285 (Appointment of interpreter for party, witness or victim with disability). [Formerly 419B.115; 2003 c.231 §§1,2; 2003 c.396 §§93a,94a; 2005 c.160 §4; 2005 c.450 §8; 2007 c.454 §11; 2007 c.611 §9; 2013 c.436 §1; 2015 c.216 §1; 2017 c.651 §44]

Note: Section 4, chapter 436, Oregon Laws 2013, provides:

Sec. 4. Section 3 of this 2013 Act [419B.876 (Visitation or other contact between grandparent and ward)] and the amendments to ORS 419B.875 (Parties to proceedings) by section 1 of this 2013 Act apply to juvenile dependency proceedings pending or commenced on or after the effective date of this 2013 Act [January 1, 2014]. [2013 c.436 §4]

Notes of Decisions

Where guardian ad litem appears on behalf of incapacitated parent and objects to summary termina­tion of parental rights, court may not summarily adjudicate termina­tion peti­tion but must proceed to full adversarial trial. State ex rel Juvenile Dept. v. Cooper, 188 Or App 588, 72 P3d 674 (2003)

“Right to participate” under this sec­tion includes incarcerated parent’s right to testify at permanency hearing on own behalf via telephone from place of incarcera­tion. Representa­tion by counsel does not satisfy right to participate. Dept. of Human Services v. D.J., 259 Or App 638, 314 P3d 998 (2013)

Juvenile court denied father’s right to participate, as re­quired under this sec­tion, when court proceeded with hearing in father’s absence, after being unable to arrange for father’s participa­tion by telephone, in final day of permanency hearing at which father’s testimony was critical to presenta­tion of evidence that court would have considered in making determina­tion about whether to change permanency plan. Dept. of Human Services v. A.E.R., 278 Or App 399, 374 P3d 1018 (2016)

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.