2017 ORS 419B.918¹
Manner of appearance

(1) Notwithstanding ORS 419B.815 (Summons for proceeding to establish jurisdiction under ORS 419B.100), 419B.816 (Notice to person contesting petition to establish jurisdiction), 419B.819 (Summons for proceeding to establish permanent guardianship or terminate parental rights) and 419B.820 (Notice to parent contesting petition to establish permanent guardianship or terminate parental rights), on timely written motion of a person showing good cause, a court may permit the person, instead of appearing personally, to participate in any hearing related to 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) in any manner that complies with the requirements of due process including, but not limited to, telephonic or other electronic means.

(2) If a person who is summoned or ordered to appear under ORS 419B.815 (Summons for proceeding to establish jurisdiction under ORS 419B.100), 419B.816 (Notice to person contesting petition to establish jurisdiction), 419B.819 (Summons for proceeding to establish permanent guardianship or terminate parental rights) or 419B.820 (Notice to parent contesting petition to establish permanent guardianship or terminate parental rights) seeks to reschedule any hearing at which the person is required to appear, the person must:

(a) Appear personally at the time specified in the summons or order to request the change; or

(b) Include in the person’s written motion requesting the change the person’s current mailing address, to which the court may send notice of the new date for the hearing if the motion is granted.

(3) In any proceeding that involves the interstate placement of a child or ward, the court may:

(a) Permit a party from outside this state to provide information, testify or otherwise participate in the proceeding in any manner the court designates, provided the party complies with subsection (1) of this section, if applicable;

(b) Permit an attorney from outside this state representing any party to participate in the proceeding in any manner the court designates; and

(c) Obtain information or testimony in any manner the court designates from a state or private agency located in another state. [2003 c.205 §13 (enacted in lieu of 419B.917); 2007 c.497 §9; 2007 c.611 §10]

Notes of Decisions

Under Former Similar Statute (Ors 419 B.917)

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)

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.