Chapter 214 Oregon Laws 2001

AN ACT

SB 69

Relating to interpreters in juvenile proceedings; creating new provisions; amending ORS 419B.115 and 419C.285; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 419B.115 is amended to read:

419B.115. (1) Parties to proceedings in the juvenile court under ORS 419B.100 and 419B.500 are:

(a) The minor child;

(b) The legal parents or guardian of the child;

(c) The state;

(d) The juvenile department;

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

(f) The State Office for Services to Children and Families or other child-caring agency if the agency has temporary custody of the child; and

(g) An intervenor who petitions or files a motion on the basis of a child-parent relationship under ORS 109.119.

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

(a) The right to notice of the proceeding and copies of the pleadings;

(b) The right to appear with counsel and 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) Persons who are not parties under subsection (1) of this section may petition the court for rights of limited participation. The petition must be filed and served on all parties no later than two weeks before a proceeding in the case in which participation is sought. The petition must state:

(A) The reason the participation is sought;

(B) How the person’s involvement is in the best interest of the child or the administration of justice;

(C) Why the parties cannot adequately present the case; and

(D) What specific relief is being sought.

(b) If the court finds that the petition is well founded, the court may grant rights of limited participation as specified by the court.

(c) Persons petitioning for rights of limited participation are not entitled to court-appointed counsel.

(4) If a foster parent, preadoptive parent or relative is currently providing care for a child, the State Office for Services to Children and Families shall give the foster parent, preadoptive parent or relative notice of a hearing concerning the child and the court shall give the person an opportunity to be heard. Except as provided in subsection (1) of this section, the foster parent, preadoptive parent or relative providing care for the child shall not be considered a party to the juvenile court proceeding solely because of notice and an opportunity to be heard.

(5) Interpreters for parties and persons granted rights of limited participation shall be appointed in the manner specified by ORS 45.275 and 45.285.

SECTION 2. ORS 419C.285 is amended to read:

419C.285. (1) At the adjudication stage of a delinquency proceeding, the parties to the proceeding are the youth and the state, represented by the district attorney or the juvenile department. At the dispositional stage of a delinquency proceeding, the following are also parties:

(a) The parents or guardian of the youth;

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

(c) The Oregon Youth Authority or other child care agency, if the youth is temporarily committed to the agency; and

(d) An intervenor who petitions or files a motion on the basis of a child-parent relationship under ORS 109.119.

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

(a) The right to notice of the proceeding and copies of the pleadings;

(b) The right to appear with counsel and to have counsel appointed if otherwise provided by law;

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

(d) The right to appeal; and

(e) The right to request a hearing.

(3)(a) Persons who are not parties under subsection (1) of this section may petition the court for rights of limited participation. The petition must be filed and served on all parties no later than two weeks before a proceeding in the case in which participation is sought. The petition must state:

(A) The reason the participation is sought;

(B) How the person’s involvement is in the best interest of the youth or the administration of justice;

(C) Why the parties cannot adequately present the case; and

(D) What specific relief is being sought.

(b) If the court finds that the petition is well founded, the court may grant rights of limited participation as specified by the court.

(c) Persons petitioning for rights of limited participation are not entitled to court-appointed counsel.

(4) In all delinquency proceedings, interpreters shall be appointed in the manner specified by ORS 45.275 and 45.285 for the parties to the proceeding, any person granted rights of limited participation, and any parent or guardian of the child without regard to whether the parent or guardian is a party to the proceeding.

SECTION 3. The amendments to ORS 419B.115 and 419C.285 by sections 1 and 2 of this 2001 Act apply only to proceedings in juvenile court commenced on or after July 1, 2001.

SECTION 4. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect on July 1, 2001.

Approved by the Governor May 29, 2001

Filed in the office of Secretary of State May 30, 2001

Effective date July 1, 2001

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