Chapter 622 Oregon Laws 2001

AN ACT

HB 2611

Relating to juvenile court dependency procedure; creating new provisions; amending ORS 25.280, 418.930, 418.933, 419A.262, 419B.115, 419B.150, 419B.190, 419B.245, 419B.260, 419B.282, 419B.285, 419B.300, 419B.305, 419B.310, 419B.315, 419B.385, 419B.476, 419B.555 and 477.745; and repealing ORS 419B.230, 419B.233, 419B.236, 419B.239, 419B.242, 419B.265, 419B.268, 419B.271, 419B.274, 419B.277, 419B.317, 419B.420, 419B.423, 419B.426 and 419B.515 and section 1, chapter 624, Oregon Laws 2001 (Enrolled House Bill 2950).

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

SECTION 1. Sections 2 to 35 of this 2001 Act are added to and made a part of ORS chapter 419B.

SECTION 2. (1) Sections 2 to 35 of this 2001 Act govern procedure and practice in all juvenile court proceedings under ORS chapter 419B. The Oregon Rules of Civil Procedure do not apply in these proceedings.

(2) Sections 2 to 35 of this 2001 Act apply to all proceedings under ORS chapter 419B pending on or filed on or after the effective date of this 2001 Act, except when, in the opinion of the court, application in a case pending on the effective date of this 2001 Act would not be feasible or would work an injustice.

(3) Sections 2 to 35 of this 2001 Act do not preclude a court in which they apply from regulating pleading, practice and procedure in any manner not inconsistent with sections 2 to 35 of this 2001 Act.

SECTION 3. (1) A juvenile court having subject matter jurisdiction has jurisdiction over:

(a) A party, who has been served in the matter as provided in sections 5 to 13 of this 2001 Act to the extent that prosecution of the action is not inconsistent with the Constitution of this state and the Constitution of the United States;

(b) A child under 12 years of age who is the subject of a petition filed pursuant to ORS 419B.100; and

(c) Any other party specified in ORS 419B.115 (1).

(2) Juvenile court jurisdiction is subject to ORS 109.701 to 109.834.

SECTION 4. (1) Any person may file a petition in the juvenile court alleging that a child named therein is within the jurisdiction of the court under ORS 419B.100.

(2) The petition and all subsequent court documents in the proceeding must be entitled “In the matter of _________, a child.” The petition must be in writing, signed by the petitioner or the petitioner’s attorney and verified.

(3) When the petition is filed by a peace officer, district attorney, attorney general, juvenile department counselor, employee of the State Office for Services to Children and Families or employee of the Oregon Youth Authority, the petition may be verified upon the information and belief of the petitioner. In all other cases, the petition must be based on the personal knowledge of the petitioner.

(4) The petition alleging jurisdiction must set forth in ordinary and concise language such of the following facts as are known and indicate any that are not known. The petition shall:

(a) Contain the name, age and residence of the child.

(b) Contain the facts that bring the child within the jurisdiction of the court, including sufficient information to put the parties on notice of the issues in the proceeding.

(c) Contain the name and residence of the child’s parent and, in cases under ORS 419B.100, the names of persons with whom, and the places where, the child has resided for the previous five years.

(d) Indicate whether there is a proceeding involving the custody of the child pending in any court.

(e) Indicate whether a person other than a parent has or claims to have physical custody of the child and, if so, the name and residence of the person having physical custody of the child.

(f) Indicate whether the petitioner has participated in any capacity in any other proceeding concerning the custody of or parenting time or visitation with the child and, if so, the court, case number and date of any child custody determination.

(g) Indicate whether the petitioner knows of any proceeding that could affect the current proceeding and, if so, the court, case number and date of the proceeding.

(5) At any time after a petition is filed, the court may make an order providing for temporary custody of the child.

(6) The court, on motion of an interested party or on its own motion, may at any time direct that the petition be amended. If the amendment results in a substantial departure from the facts originally alleged, the court shall grant such continuance as the interests of justice may require.

(7) Prior to an adjudicatory hearing on the petition, the court may dismiss the petition provided that every party has had an opportunity to investigate and present a case supporting the petition or has waived the opportunity to investigate and the right to present a case. At or after an adjudicatory hearing, the court may dismiss the petition at any other stage of the proceedings.

(8) The petition for jurisdiction must be in substantially the following form.

____________________________________________________________________________

IN THE CIRCUIT COURT

OF THE STATE OF OREGON

FOR ________

COUNTY

In the Matter of )

) No.

) Petition No.

)

A Child. ) PETITION

TO THE ABOVE-ENTITLED COURT:

Petitioner, whose name appears below, respectfully represents to the Court as follows:

1. The name, age and residence of the above-named child are as follows: (name); (age); (DOB); (resides at), ____________________, Oregon. (Alternative: The name and age of the above-named child are as follows:_______________. The child’s residence is provided in a sealed document because providing that information would jeopardize the health, safety or liberty of the child or of a party to the case. ORS 109.767.)

2. The child is within the jurisdiction of the Court by reason of the following facts:

A. ______________________________

B. ______________________________

3. Uniform Child Custody Jurisdiction and Enforcement Act information:

A. Child(ren)’s present address: ____________________ (Alternative: The child’s present address is provided in a sealed document because providing that information would jeopardize the health, safety or liberty of the child or of a party to the case. ORS 109.767.)

B. Places the child(ren) has lived during the previous five years:

______________________________

C. Names and present addresses of persons with whom child(ren) has lived during that period:

______________________________

D. The petitioner has/has not participated as a party or witness or in any other capacity in any other proceeding concerning the custody of or parenting time or visitation with the child. Court, case number and date of any child custody determination:

______________________________

E. Petitioner knows/does not know of any proceeding that could affect the current proceeding. Court, case number and date of the proceeding:

______________________________

F. Petitioner knows/does not know of any person who has physical custody of the child(ren) or claims rights of legal custody, physical custody, parenting time or visitation with the child(ren). Names and addresses of such persons:

______________________________

4. The child resides in __________ County.

5. The name and present address of each parent is as follows:

______________________________

6. The petition is not filed pursuant to the direction of this Court.

WHEREFORE, petitioner prays this Court to have an investigation made of the circumstances concerning the above-named child and to make such order or orders as are appropriate in the circumstances.

DATED:___________, 2__.

______________________

Petitioner

STATE OF OREGON )

) ss.

County of______________ )

I, ___________, being first duly sworn, on oath or upon affirmation, depose and say that I am the petitioner in the above-entitled proceeding, that I have read the foregoing petition, know the contents thereof, and the same is true as I am informed and believe.

______________________

Petitioner

SIGNED AND SWORN to before me on ________, 2__.

________________________

SEAL (Alternate Verification)

STATE OF OREGON )

) ss.

County of__________ )

I, _______________, being first duly sworn, on oath or upon affirmation, depose and say that I am the petitioner in the above-entitled proceeding, that I have read the foregoing petition, know the contents thereof, and the same is true based on my personal knowledge of this matter.

______________________

Petitioner

SIGNED AND SWORN to before me on ________, 2__.

________________________

SEAL

______________________________________________________________________________

SECTION 5. (1) As used in sections 6 and 9 of this 2001 Act, 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) As soon as practicable and no more than 30 days after a petition is filed under section 4 of this 2001 Act, the petitioner, the petitioner’s attorney, the juvenile department, the district attorney, the attorney general or the State Office for Services to Children and Families may issue as many original summonses as they may elect and deliver such summonses to a person authorized to serve summons under subsection (3) of this section. A summons may require appearance on a specific date or may require the filing of an admission or denial by a specific date.

(3) A summons 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.

(4) A summons and petition may be transmitted by telegraph or facsimile as provided in section 14 (3) of this 2001 Act.

SECTION 6. (1) A summons under section 5 of this 2001 Act shall be entitled “In the matter of ________, a child” and must contain:

(a) The name of the person to be served, the address at which the summons and petition may be served and the post office address at which the papers may be served by mail.

(b) The date and time for the hearing on the petition, which must be fixed at a reasonable time, not less than 24 hours for a jurisdictional adjudication and not less than 10 days for a termination adjudication after the service or final publication of the summons. If the summons is posted, the purpose of the proceeding must be stated in the summons.

(c) A direction to the served person to personally appear before the court and, if the person has physical custody of the child, to bring the child before the court as directed in the summons.

(d) A notice that if the person named in the summons fails to appear at the time and place specified therein the court may proceed without the person and:

(A) If the petition seeks to establish jurisdiction over the child, that the court may take jurisdiction, and make such further orders and take such action as may be authorized by law.

(B) If the petition seeks termination of parental rights, a statement that the rights of the parent are proposed to be terminated in the proceeding, that the court may immediately terminate parental rights and make such further orders and take any other action that is authorized by law. The summons must contain a statement that the termination of parental rights hearing may not be held less than 10 days after service of the summons.

(C) If the petition seeks guardianship or any other disposition of the child, that the court may grant such disposition and make such further orders and take such action as may be authorized by law.

(e) A notice that the served person has a right to be represented by an attorney and, if the person is an indigent child in any proceeding or if the person is an indigent parent in a termination of parental rights proceeding, that the person has a right to have an attorney appointed at state expense or, if the person is an indigent parent or indigent guardian in any proceeding, the person may be entitled to have an attorney appointed at state expense.

(f) A notice that no later than 30 days after the petition is filed each person about whom allegations have been made shall admit or deny the allegations. The admission or denial may be made orally at the hearing or filed with the court in writing.

(g) If the petition alleges that the child has been physically or sexually abused, a notice that the court, at the hearing, may enter an order requiring the alleged perpetrator of the abuse to move from the household in which the child resides.

(h) A notice that the parent or other person legally obligated to support the child may be required to pay at some future date for all or a portion of the support of the child, including the cost of out-of-home placement, depending upon the ability of the parent or other person to pay support.

(2) The summons must be signed by the petitioner, petitioner’s attorney or a representative of the juvenile department, the district attorney’s office, the attorney general’s office or the State Office for Services to Children and Families and must be served with a true copy of the petition.

SECTION 7. The summons for appearance must be in substantially the following form:

____________________________________________________________________________

IN THE CIRCUIT COURT

OF THE STATE OF OREGON

FOR ________ COUNTY

In the Matter of )

) No.

) Petition No.

)

A Child. ) SUMMONS

TO: [Name and address]

IN THE NAME OF THE STATE OF OREGON:

You are directed to appear before this Court at __________ (address), Courtroom #___, __________, Oregon, on: the ___ day of ___, 2__ at __ o’clock_.m. and at any subsequent court-ordered hearing.

NOTICE:

READ THESE PAPERS CAREFULLY!!

A petition has been filed, a copy of which is attached.

If you do not appear in Court, the Court may proceed without you. No later than 30 days from the date the petition is filed, each person about whom allegations have been made in the petition must admit or deny the allegations.

If the petition seeks to establish jurisdiction over the above-named child(ren), and you do not appear as directed above, or at any subsequent court-ordered hearing, the Court may immediately take jurisdiction of the child(ren), and make such orders and take such action as authorized by law including, but not limited to, establishing wardship over the child, entering an order restraining a person from having contact with the child(ren) and ordering the removal of the child(ren) from the legal and physical custody of the parent(s) or guardian(s).

If the petition seeks termination of your parental rights and you do not appear as directed above, the Court may immediately terminate your parental rights to the above-named child(ren) at the time of the above hearing and may make such further orders and take any other action that is authorized by law.

RIGHTS AND OBLIGATIONS

You have a right to be represented by an attorney. If you wish to be represented by an attorney, please retain one and have the attorney present at this hearing. If you cannot afford to hire an attorney and you meet the state’s financial guidelines, you will be entitled to have an attorney appointed for you at state expense if you are the child or if you are the parent in a termination of parental rights case. If you are a parent or guardian in a nontermination case, you may also be entitled to have an attorney appointed for you at state expense in many cases. You must immediately contact the juvenile court to request an attorney. Phone ________ between the hours of 8 a.m. and 5 p.m. for further information. It is your responsibility to maintain contact with your attorney.

If you are a parent or legal guardian, you have the obligation to support your child(ren) or ward(s). You may be required to pay for compensation and reasonable expenses for the child(ren)’s attorney. You may be required to pay support for the child(ren) while the child(ren) is in state financed or state supported custody. You may be required to provide health insurance coverage for your child(ren) while the child(ren) is in state financed or state supported custody. You may be required to pay other costs that arise from the child(ren) being in the jurisdiction of the Court. If you are ordered to pay for the child(ren)’s support or there is an existing order of support from a divorce or other proceeding, that support order may be assigned to the State Office for Services to Children and Families to apply to the costs of the child(ren)’s care.

By: (Name and Title)

Date Issued: _____________

____________________________________________________________________________

SECTION 8. 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 section 9 of this 2001 Act, 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; or

(4) Alternative service as ordered by the court under section 9 (4) of this 2001 Act.

SECTION 9. (1) Personal service may be made by delivery of a true copy of the summons and a true copy of the petition to the person to be served.

(2) Substituted service may be made by delivering a true copy of the summons and a true copy of the petition at the dwelling house or usual place of abode of the person to be served to any person 14 years of age or older residing in the dwelling house or usual place of abode. When substituted service is used, the person effecting service shall cause to be mailed a true copy of the summons and a true copy of the petition and a statement of the date, time, and place at which substituted service was made. The summons, petition and statement must be mailed by first class mail to the dwelling house or usual place of abode of the person who has been served as soon as is practicable after the substituted service was made. When the computation of a period of time is based on service of summons, substituted service is complete upon such mailing.

(3) If the person to be served maintains an office for conducting business, office service may be made by leaving a true copy of the summons and a true copy of the petition at the office during normal working hours with the person who is apparently in charge. When office service is used, the person effecting service shall cause to be mailed a true copy of the summons and a true copy of the petition and a statement of the date, time, and place at which office service was made. The summons, petition and statement must be mailed by first class mail to the person who has been served at the person’s dwelling house or usual place of abode, place of business or such other place under the circumstances that is most reasonably calculated to apprise the person of the existence and pendency of the juvenile proceeding. The summons, petition and statement must be mailed as soon as is practicable after the office service was made. When the computation of a period of time is based on service of summons, office service is complete upon such mailing.

(4)(a) If any parent or guardian required to be summoned as provided in sections 5 to 13 of this 2001 Act cannot be found within the state, the court may order alternative service of summons on the parent or guardian in any of the following methods or combination of methods that under the circumstances is most reasonably calculated to notify the parent or guardian of the existence and pendency of the action:

(A) If the address of the parent or guardian is known, by sending the parent or guardian a copy of the summons by registered or certified mail with a return receipt to be signed by the addressee only;

(B) By posting at specified locations; or

(C) By publication of summons pursuant to subsection (5) of this section.

(b) If alternative service is ordered the court shall specify a time for response.

(5)(a) On written motion and affidavit that service cannot be made by any method otherwise specified in this section, the court may order service by publication.

(b) In addition to the contents of a summons as described in section 6 of this 2001 Act, a published summons must also contain the date of first publication of the summons. If the names of one or both parents or the guardian are unknown, they may be summoned as “The parent(s) or guardian of (naming or describing the child), found (stating the address or place where the child was found)”.

(c) An order for publication must direct that publication be made in a newspaper of general circulation in the county where the action is commenced or, if there is no such newspaper, in a newspaper to be designated as most likely to give notice to the person to be served. The summons must be published three times in successive calendar weeks. If the person effecting service knows of a specific location other than the county where the action is commenced where publication might reasonably result in actual notice to the person to be served, the person effecting service shall so state in the affidavit required by paragraph (a) of this subsection, and the court may order publication in a comparable manner at such location in addition to, or in lieu of, publication in the county where the action is commenced.

(d) If the court orders service by publication and the person effecting service knows or with reasonable diligence can ascertain the current address of the person to be served, the person effecting service shall mail a copy of the summons and the petition to the person being served at the address either by first class certified or registered mail with a return receipt requested or by express mail. If the person effecting service does not know and cannot upon diligent inquiry ascertain the current address of a person being served, a copy of the summons and the petition must be mailed by the methods specified in this paragraph to the person being served at that person’s last known address. If the person effecting service does not know, and cannot ascertain upon diligent inquiry, the current or last known address of the person being served, mailing of a copy of the summons and the petition is not required.

SECTION 10. The summons must be promptly returned to the clerk with whom the petition is filed with proof of service or mailing or with proof that the person to be served cannot be found. The summons may be returned by first class mail.

SECTION 11. (1) Except for service by publication, proof of service of summons or mailing must be made by:

(a) The certificate of the server if the summons is not served by a sheriff or a sheriff’s deputy. The certificate must indicate the time, place and manner of service, that the server is a competent person of at least 18 years of age and is a resident of the state of service or of this state and that the server reasonably believes that the person served is the identical one named in the summons. If the person served was not personally served, the server shall state in the certificate when, where and with whom a copy of the summons and petition was left or describe in detail the manner and circumstances of service. If the summons and petition were mailed, the certificate may be made by the person completing the mailing or the attorney for any party and must state the circumstances of mailing and have the return receipt attached.

(b) The sheriff’s or sheriff’s deputy’s certificate of service if the summons is served by a sheriff or a sheriff’s deputy. The certificate must indicate the time, place and manner of service and, if the person served was not personally served, when, where and with whom a copy of the summons and petition was left or describe in detail the manner and circumstances of service. If the summons and petition were mailed, the certificate must state the circumstances of mailing and have the return receipt attached.

(2) Service by publication must be proved by an affidavit in substantially the following form:

____________________________________________________________________________

AFFIDAVIT OF PUBLICATION

STATE OF OREGON )

) ss.

County of_____________ )

I, __________, being first duly sworn, depose and say that I am the _____ (here set forth the title or job description of the person making the affidavit), of the _____, a newspaper of general circulation published at _____ in the aforesaid county and state; that I know from my personal knowledge that the _____, a printed copy of which is hereto annexed, was published in the entire issue of said newspaper three times in the following issues: (here set forth dates of issues in which the same was published).

Subscribed and sworn to before me this ___ day of ________, 2__.

_____________________

Notary Public for Oregon

My commission expires: ________.

____________________________________________________________________________

(3) The affidavit of service may be made and certified before a notary public or other official authorized to administer oaths by the United States, any state or territory of the United States or the District of Columbia. The notary public or official shall affix the notary’s or official’s official seal, if any, to the affidavit. The signature of the notary or other official, when attested by the affixing of the official seal of the person, is prima facie evidence of authority to make and certify the affidavit.

(4) A certificate or affidavit containing proof of service may be made upon the summons or as a separate document attached to the summons.

(5) In addition to the other ways specified in this section, proof of service may be made by a written acceptance of service by the person who was served.

(6) If summons has been properly served, failure to make or file a proper proof of service does not affect the validity of the service.

SECTION 12. Failure to comply with provisions of sections 5, 6, 7 and 13 of this 2001 Act relating to the form of summons, issuance of summons or who may serve summons does not affect the validity of service of summons or the existence of jurisdiction over the person if the court determines that the served person received actual notice of the substance and pendency of the action. The court may allow amendment to a summons or affidavit or certificate of service of summons. The court shall disregard any error in the content of summons that does not materially prejudice the substantive rights of the party to whom summons was issued. If service is made in any manner complying with sections 5 to 13 of this 2001 Act, the court shall also disregard any error in the service of summons that does not violate the due process rights of the party against whom summons was issued.

SECTION 13. (1) Summons must be issued to be served on:

(a) The legal parents of the child without regard to who has legal or physical custody of the child;

(b) The legal guardian of the child; and

(c) A putative father of the child if he has provided or offered to provide for the physical, emotional, custodial or financial needs of the child in the previous six months or was prevented from doing so by the mother of the child.

(2) If the child is 12 years of age or older, summons must be issued to be served on the child.

(3) Summons must be issued to be served on the person who has physical custody of the child. The summons may require the person who has physical custody of the child to bring the child before the court at the time and place stated in the summons. If it appears to the court that the welfare of the child or of the public requires that the child immediately be taken into custody, the court may indorse an order on the summons directing the officer serving it to take the child into custody.

(4) Summons may be issued requiring the appearance of any person whose presence the court deems necessary.

SECTION 14. (1) All process authorized to be issued by any court or officer of the court runs in the name of the State of Oregon and must be signed by the officer issuing the process, and if the process is issued by a clerk of the court, the seal of office of the clerk must be affixed to the process. Summonses and subpoenas are not process.

(2) A civil process may be served or executed on Sunday or any legal holiday. No limitation or prohibition stated in ORS 1.060 applies to the service or execution of a civil process on a Sunday or legal holiday.

(3) An order in any case, and all other papers requiring service, may be transmitted by telegraph or facsimile for service in any place. The facsimile or telegraphic copy, as defined in ORS 165.840, of the order or paper transmitted may be served or executed by the officer or person to whom it is sent for that purpose and returned by the officer or person if any return is required in the same manner and with the same force and effect in all respects as if the copy were the original. The officer or person serving or executing the order or paper has the same authority and is subject to the same liabilities as if the copy were the original. The original, if an order, must be filed in the court from which it was issued and a certified copy of the order must be preserved in the office from which it was sent. The operator may use either the original or certified copy to transmit the order or paper.

(4) Proof of service or execution of process must be made as provided in section 11 of this 2001 Act.

SECTION 15. (1) Except as otherwise provided in sections 2 to 35 of this 2001 Act, every order, every petition and answer subsequent to the original petition, every written motion other than one that may be heard ex parte and every written request and similar paper must be served upon each of the parties.

(2)(a) Whenever under sections 2 to 35 of this 2001 Act service is required or permitted to be made upon a party, and that party is represented by an attorney, the service must be made upon the attorney unless otherwise ordered by the court. Service upon the attorney or upon a party must be made by delivering a copy to the attorney or party, by mailing it to the attorney’s or party’s last known address or, if the party is represented by an attorney, by facsimile communication device as provided in subsection (5) of this section. As used in this paragraph, “delivery of a copy” means:

(A) Handing it to the person to be served;

(B) Leaving it at the person’s office with the person’s clerk or a person apparently in charge of the office or, if there is no one in charge, leaving it in a conspicuous place in the office; or

(C) If the office is closed or the person to be served has no office, leaving it at the person’s dwelling house or usual place of abode with a person who is over 14 years of age and who resides at the dwelling house or usual place of abode.

(b) A party who has appeared without providing an appropriate address for service may be served by placing a copy of the paper required to be served in the court file. Service by mail is complete upon mailing. Service of any notice or other paper to bring a party into contempt may only be upon such party personally.

(3) All papers required to be served upon a party under subsection (1) of this section must be filed with the court within a reasonable time after service. Except as otherwise provided in ORS 419B.190 and sections 5 to 13 of this 2001 Act, proof of service of all papers required or permitted to be served may be by written acknowledgment of service, by an affidavit of the person making service or by a certificate of an attorney. Proof of service may be made upon the papers served or as a separate document attached to the papers. When service is made by facsimile communication device, proof of service must be made by an affidavit of the person making service or by a certificate of an attorney. The printed confirmation of receipt of the message generated by the facsimile machine must be attached to the affidavit or certificate.

(4) The filing of any papers with the court must be made by filing them with the clerk of the court or the person exercising the duties of that office. The clerk or the person exercising the duties of that office shall indorse the time of day, day of the month, month and year upon the paper. The clerk or person exercising the duties of that office is not required to receive any paper for filing unless:

(a) The contents of the paper are legible; and

(b) All of the following are legibly indorsed on the front of the paper:

(A) The name of the court;

(B) The title of the cause and the paper;

(C) The names of the parties; and

(D) If there is one, the name of the attorney for the parties requesting filing.

(5) Whenever under sections 2 to 35 of this 2001 Act service is required or permitted to be made upon a party and that party is represented by an attorney, the service may be made upon the attorney by means of a facsimile if the attorney maintains such a device at the attorney’s office and the device is operating at the time service is made.

SECTION 16. (1) In computing any period of time prescribed or allowed by any applicable statute, by the local rules of any court or by order of court, the day of the act or event from which the designated period of time begins to run is not included. The last day of the period so computed is included, unless it is a Saturday or legal holiday, in which event the period runs until the end of the next day that is not a Saturday or a legal holiday. If the period of time relates to serving a public officer or filing a document at a public office and if the last day falls on a day when that particular office is closed before the end of or for all of the normal work day, the last day is excluded in computing the period of time, in which event the period runs until the close of office hours on the next day the office is open for business. When the period of time prescribed or allowed, without including the extra time allowed by subsection (2) of this section, is less than seven days, intermediate Saturdays and legal holidays are excluded in the computation. As used in this subsection, a “legal holiday” means a day described in ORS 187.010 or 187.020.

(2) Except for service of summons, whenever a party has the right or is required to do some act within a prescribed period after the service of a notice or other paper upon the party and the notice or paper is served by mail, three days are added to the prescribed period.

SECTION 17. (1) All petitions, answers, motions and other papers must be liberally construed with a view of substantial justice between the parties.

(2) In every stage of an action, the court shall disregard an error or defect in a petition, answer, motion, other paper or proceeding that does not affect the substantial rights of the adverse party.

SECTION 18. (1) An application for an order is a motion. Unless a motion is made in court, the motion must be in writing, state with particularity the factual and legal grounds for the motion and set forth the relief or order sought.

(2) Sections 19 and 20 of this 2001 Act and any local rules of any court applicable to captions, signing and other matters of form of petitions and answers apply to all motions and other papers provided for by sections 2 to 35 of this 2001 Act.

SECTION 19. (1) Every petition, answer, motion or other paper must contain a caption setting forth the name of the court, the title of the action and the register number of the case.

(2) When a party does not know the name of another party and alleges that lack of knowledge in a petition, answer, motion or other paper, the other party may be designated by any name. When the other party’s true name is discovered, the process and all petitions, answers, motions, other papers and proceedings in the case may be amended by substituting the true name.

SECTION 20. (1) If a party is represented by an attorney, every answer, motion and other paper of the party must be signed by an attorney of record who is an active member of the Oregon State Bar. If a party is not represented by an attorney, the party shall sign the petition, answer, motion or other paper and state the address of the party. Only petitions need be verified. Motions must be accompanied by an affidavit unless the parties agree otherwise.

(2) If a petition, answer, motion or other paper is not signed, it must be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant.

(3)(a) Except as otherwise provided in paragraph (d) of this subsection, by signing, filing or otherwise submitting an argument in support of a petition, answer, motion or other paper, an attorney or party makes the certifications to the court identified in paragraphs (b), (c) and (d) of this subsection and further certifies that the certifications are based on the person’s reasonable knowledge, information and belief formed after the making of any inquiry that is reasonable under the circumstances.

(b) A party or attorney certifies that the petition, answer, motion or other paper is not being presented for any improper purpose including, but not limited to, harassing or causing unnecessary delay or needless increase in the cost of litigation.

(c) An attorney certifies that the claims and other legal positions taken in the petition, answer, motion or other paper are warranted by existing law or by a nonfrivolous argument for the extension, modification or reversal of existing law or the establishment of new law.

(d) A party or attorney certifies that the allegations and other factual assertions in the petition, answer, motion or other paper are supported by evidence. An allegation or other factual assertion that the party or attorney does not wish to certify is supported by evidence must be specifically identified. The party or attorney certifies that the party or attorney reasonably believes that an allegation or other factual assertion so identified will be supported by evidence after further investigation and discovery.

SECTION 21. (1) No later than 30 days after a petition alleging jurisdiction under ORS 419B.100 is filed, each party about whom allegations have been made shall admit or deny the allegations. Unless the court specifies how admissions or denials are to be made pursuant to section 2 of this 2001 Act, admissions and denials may be made orally in court or in writing.

(2) Allegations in a petition that are not admitted or denied are denied.

SECTION 22. When a court conducts a hearing, the court shall inquire whether a child is an Indian child subject to the Indian Child Welfare Act. If the court knows or has reason to know that an Indian child is involved, the court shall enter an order requiring the State Office for Services to Children and Families to notify the Indian child’s tribe of the pending proceedings and of the tribe’s right to intervene and shall enter an order that the case be treated as an Indian Child Welfare Act case until such time as the court determines that the case is not an Indian Child Welfare Act case.

SECTION 23. (1) As used in this section, “deposition” means a deposition taken under ORS 419B.315.

(2) Objections to the competency of a witness or to the competency, relevancy, or materiality of testimony are not waived by failure to make them before or during the taking of a deposition unless the ground for the objection is one that might have been obviated or removed if presented before or during the taking of the deposition.

(3) Unless seasonable objection is made at the time the deposition is taken, the following are waived:

(a) Errors and irregularities occurring at the oral examination in the manner of taking the deposition, in the form of the questions or answers, in the oath or affirmation or in the conduct of the parties; and

(b) Errors of any kind that might be obviated, removed or cured if promptly presented.

(4) Unless a motion to suppress the deposition or some part of the deposition is made with reasonable promptness after the error or irregularity is, or with due diligence might have been, ascertained, errors and irregularities in the manner in which the testimony is transcribed or the deposition is prepared, signed, certified, sealed, indorsed, transmitted and filed are waived.

SECTION 24. (1) After the proponent of the petition has completed the presentation of evidence, any other party, without waiving the right to offer evidence in the event the motion is not granted, may move for dismissal of any or all of the allegations of the petition on the ground that upon the facts and the law the proponent of the petition has failed to prove the allegations or, if proven, the allegations do not constitute a legal basis for the relief sought by the petition. The court may order dismissal of the petition or one or more of the allegations of the petition, or the court may decline to render any order until the close of all the evidence.

(2) Unless the court in its judgment of dismissal otherwise specifies, a dismissal under this section operates as an adjudication without prejudice.

(3) At any time at the request of a party or upon the court’s own motion, the court may order a settlement conference or, if funds are available for a mediator, mediation.

SECTION 25. (1) A subpoena is a writ or an order directed to a person and may require the attendance of the person at a particular time and place to testify as a witness on behalf of a particular party mentioned in the subpoena or may require the person to produce books, papers, documents or tangible things and permit inspection of them at a particular time and place. A subpoena may be for a trial, a hearing of any kind or a deposition under ORS 419B.315. A subpoena requiring attendance to testify as a witness requires that the witness remain until the testimony is closed unless sooner discharged, but at the end of each day’s attendance a witness may demand of the party, or the party’s attorney, the payment of legal witness fees for the next following day and if not then paid, the witness is not obliged to remain longer in attendance. Every subpoena must state the name of the court and the title of the action.

(2) Any party may have compulsory attendance of witnesses or the compulsory production of records.

SECTION 26. A subpoena may command the person to whom it is directed to produce and permit inspection and copying, at the time and place specified in the subpoena, of designated books, papers, documents or tangible things in the possession, custody or control of the person. A command to produce books, papers, documents or tangible things and permit inspection of them may be joined with a command to appear at trial or hearing or, if the books, papers, documents or tangible things are to be produced before trial, the command may be issued separately. A person commanded to produce and permit inspection and copying of designated books, papers, documents or tangible things but not commanded to also appear for deposition under ORS 419B.315, hearing or trial may, within 14 days after service of the subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the party or attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials. If objection is made, the party serving the subpoena may not inspect and copy the materials except pursuant to an order of the court in whose name the subpoena was issued. If objection has been made, the party serving the subpoena, upon notice to the person commanded to produce, may move for an order to compel production. When a subpoena commands production of books, papers, documents or tangible things, the court, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance with the subpoena, may:

(1) Quash or modify the subpoena if it is unreasonable and oppressive; or

(2) Condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents or tangible things.

SECTION 27. (1) A subpoena may be issued:

(a) To require attendance before a court, at the trial of an issue in a court or, if separate from a subpoena commanding the attendance of a person, to produce and permit inspection of books, papers, documents or tangible things. A subpoena may be issued under this paragraph:

(A) In blank by the clerk of the court in which the action is pending or, if there is no clerk, by a judge or justice of the court; or

(B) By an attorney of record of the party to the action in whose behalf the witness is required to appear, subscribed by the signature of the attorney.

(b) To require attendance at a deposition authorized under ORS 419B.315.

(c) To require attendance out of court in cases not provided for in paragraph (a) of this subsection, before a judge, justice or other officer authorized to administer oaths or take testimony in any matter under the laws of this state. A subpoena may be issued under this paragraph by the judge, justice or other officer before whom the attendance is required.

(2) Upon the request of a party or attorney, any subpoena issued by a clerk of court may be issued in blank and delivered to the party or attorney requesting it, who must fill it in before service.

(3) A subpoena to produce and permit inspection of records of a person who is not a party to the action must be served on the person and, if the person is represented, the person’s attorney at least 10 days before the subpoena is served on the keeper or custodian of the records.

SECTION 28. (1) Except as provided in subsection (2) of this section, a subpoena may be served by the party or any other person 18 years of age or older. Except as provided in subsections (3) and (4) of this section, the service must be made by delivering a copy to the witness personally. The service must be made so as to allow the witness a reasonable time for preparation and travel to the place of attendance. If the subpoena is not accompanied by a command to appear at trial, hearing or deposition under ORS 419B.315, whether the subpoena is served personally or by mail, copies of a subpoena commanding production and inspection of books, papers, documents or tangible things before trial must be served on each party at least seven days before the subpoena is served on the person required to produce and permit inspection, unless the court orders a shorter period.

(2)(a) A law enforcement agency shall designate an individual upon whom service of a subpoena may be made. A designated individual must be available during normal business hours. In the absence of a designated individual, service of a subpoena under paragraph (b) of this subsection may be made upon the officer in charge of the law enforcement agency.

(b) If a peace officer’s attendance at trial is required as a result of employment as a peace officer, a subpoena may be served on the officer by delivering a copy personally to the officer or to an individual designated by the agency that employs the officer no later than 10 days prior to the date attendance is sought. A subpoena may be served in this manner only if the officer is currently employed as a peace officer and is present within the state at the time of service.

(c) When a subpoena has been served as provided in paragraph (b) of this subsection, the law enforcement agency shall make a good faith effort to give actual notice to the officer whose attendance is sought of the date, time and location of the court appearance. If the officer cannot be notified, the law enforcement agency shall promptly notify the court and a postponement or continuance may be granted to allow the officer to be personally served.

(d) As used in this subsection, “law enforcement agency” means the Oregon State Police, a county sheriff’s department or a municipal police department.

(3) Under the following circumstances, service of a subpoena to a witness by mail has the same legal force and effect as personal service:

(a) The attorney mailing the subpoena certifies in connection with or upon the return of service that the attorney, or the attorney’s agent, has had personal or telephone contact with the witness and the witness indicated a willingness to appear at trial if subpoenaed; or

(b) The subpoena was mailed to the witness more than five days before trial by certified mail or some other designation of mail that provides a receipt for the mail signed by the recipient and the attorney received a return receipt signed by the witness prior to trial.

(4) Service of subpoena by mail may be used for a subpoena commanding production of books, papers, documents or tangible things that is not accompanied by a command to appear at trial or hearing or at a deposition under ORS 419B.315.

(5) Proof of service of a subpoena is made in the same manner as proof of service of a summons except that the server is not required to certify that the server is not a party in the action or an attorney for a party in the action.

SECTION 29. If a witness is confined in a prison or jail in this state, a subpoena may be served on the witness and attendance of the witness may be compelled. The subpoena and court order must be served upon the custodian of the witness. The court may order:

(1) Temporary removal and production of the witness for the purpose of giving testimony;

(2) That the witness be allowed to testify by telephone or closed circuit television; or

(3) That the testimony of the witness be taken by deposition under ORS 419B.315 at the place of confinement.

SECTION 30. Disobedience to a subpoena or a refusal to be sworn or answer as a witness is punishable as contempt by the court before whom the action is pending or by the judge or justice issuing the subpoena.

SECTION 31. (1) If a child is before the court and a person who is required to be summoned has been summoned and has failed to appear for any dates, including but not limited to trial dates for which the person has been summoned, and the petitioner is ready to proceed, the court may proceed with the case in the person’s absence. If the summoned party seeks a change of the date for which the party is summoned, the party must appear at the time the request to change the date is made to receive service of summons for a new date or must authorize the party’s attorney to accept service of summons for the new date.

(2) Except by express permission of the court, for a jurisdictional or termination of parental rights trial or related mandatory court appearances, summoned parties may not waive appearance or appear through counsel.

SECTION 32. If it appears to the court that a person required to be summoned under sections 5 to 13 of this 2001 Act was not served as required by sections 5 to 13 of this 2001 Act or was served on such short notice that the person did not have a reasonable opportunity to appear at the time fixed, upon motion of the person, the court shall reopen the case for full consideration. A motion for a new hearing must be made not later than 10 days after entry of the order for which a new hearing is sought.

SECTION 33. (1) Except as otherwise provided in this section, on motion and such notice and hearing as the court may direct, the court may modify or set aside any order or judgment made by it. Reasons for modifying or setting aside an order or judgment include, but are not limited to:

(a) Clerical mistakes in judgments, orders or other parts of the record and errors in the order or judgment arising from oversight or omission. These mistakes and errors may be corrected by the court at any time on its own motion or on the motion of a party and after notice as the court orders to all parties who have appeared. During the pendency of an appeal, an order or judgment may be corrected as provided in subsection (7) of this section.

(b) Excusable neglect.

(c) Newly discovered evidence that by due diligence could not have been discovered in time to present it at the hearing from which the order or judgment issued.

(2) A motion to modify or set aside an order or judgment or request a new hearing must be accompanied by an affidavit that states with reasonable particularity the facts and legal basis for the motion.

(3) A motion to modify or set aside an order or judgment must be made within a reasonable time except no order or judgment pursuant to ORS 419B.527 may be set aside or modified during the pendency of a proceeding for the adoption of the child, nor after a petition for adoption has been granted.

(4) Except as provided in subsection (6) of this section, notice and a hearing as provided in ORS 419B.195, 419B.198, 419B.201, 419B.205, 419B.208, 419B.310 and 419B.325 and section 25 of this 2001 Act must be provided in any case when the effect of modifying or setting aside the order or judgment will or may be to deprive a parent of the legal custody of the child, to place the child in an institution or agency or to transfer the child from one institution or agency to another. The provisions of this subsection do not apply to a parent whose rights have been terminated under ORS 419B.500 to 419B.524 or whose child has been permanently committed by order or judgment of the court unless an appeal from the order or judgment is pending.

(5) When an Indian child is involved, notice must be provided as required under the Indian Child Welfare Act.

(6) Except when the child is an Indian child, notice and a hearing are not required when the effect of modifying or setting aside the order or judgment will be to transfer the child from one foster home to another.

(7) A motion under subsection (1) of this section may be filed with and decided by the trial court during the time an appeal from a judgment is pending before an appellate court. The moving party shall serve a copy of the motion on the appellate court. The moving party shall file a copy of the trial court’s order or judgment in the appellate court within seven days of the date of the trial court order or judgment. Any necessary modification of the appeal required by the court order or judgment must be pursuant to rule of the appellate court.

(8) This section does not limit the inherent power of a court to modify an order or judgment within a reasonable time or the power of a court to set aside an order or judgment for fraud upon the court.

SECTION 34. (1) On its own motion or on the motion of a party, the court may stay the effect of any order or judgment made by it pending appeal as provided in ORS 19.335, 19.340 and 19.350 or other provision of law.

(2) This section does not limit the right of a party to a stay otherwise provided for by law.

SECTION 35. A court may enforce an order or judgment directing a party to perform a specific act by punishing the party refusing or neglecting to comply with the order or judgment, as for a contempt as provided in ORS 33.015 to 33.155.

SECTION 36. ORS 419B.260 is amended to read:

419B.260. (1) As used in this section, “consolidated” means that actions are heard before one judge of the circuit court to determine issues pending regarding a child or children. [Consolidation does not merge the procedural or substantive law of the individual actions. Parties to the individual consolidated actions do not have standing, solely by virtue of the consolidation, in every action subject to the order of consolidation. Parties must comply with provisions for intervention or participation in a particular action under the provisions of law applicable to that action.]

(2) In any action filed in the juvenile court in which the legal or physical custody of a child is at issue and there is also pending, or adjudicated, a child custody, parenting time, [or] visitation, restraining order, filiation or Family Abuse Prevention Act action involving the child in a domestic relations, filiation or guardianship proceeding, the matters shall be consolidated.

(3) Consolidation does not merge the procedural or substantive law of the individual actions. Parties to the individual consolidated actions do not have standing, solely by virtue of the consolidation, in every action subject to the order of consolidation. Parties must comply with provisions for intervention or participation in a particular action under the provisions of law applicable to that action.

[(3)] (4) Upon entry of an order of consolidation, all pending issues pertaining to the actions subject to the order shall be heard together in juvenile court. The court shall hear the juvenile matters first unless the court finds that it is in the best interest of the child to proceed otherwise.

[(4)] (5) A judge shall make and modify orders and findings in actions subject to the order of consolidation upon the filing of proper [pleadings] motions and notice as provided by law applicable to the actions. Any findings, orders or modifications must be consistent with the juvenile court orders, and persons who were parties to the juvenile court action may not relitigate issues in consolidated actions.

[(5)] (6) The judge shall set out separately from orders entered under this chapter or ORS chapter 419C any orders or judgments made in other actions subject to the consolidation order. The [clerk of the] trial court administrator shall file the orders and judgments in the appropriate actions subject to the consolidation order. An order or judgment in an individual juvenile court action is final if it finally disposes of the rights and duties of the parties to that action, without reference to whether the order or judgment disposes of the rights and duties of the parties to another action with which the action has been consolidated.

[(6)(a)] (7)(a) When the actions described in subsection (2) of this section exist in two or more judicial districts, the judges assigned to the actions shall confer to determine the appropriate judicial district in which to consolidate and hear the actions. The judges shall confer not later than 10 judicial days after a court has received notice of the existence of an action in another judicial district.

(b) If the judges agree on the judicial district in which the actions should be consolidated, the judges shall take such action as is necessary to consolidate the actions in the circuit court of that district.

(c) If the judges do not agree on the judicial district in which the actions should be consolidated, the actions must be consolidated in the judicial district in which the juvenile action is filed or, if more than one juvenile action is pending, in the judicial district in which the first juvenile action was filed.

[(7)] (8) Nothing in this section requires the consolidation of any administrative proceeding under ORS chapter 25 or 416 with a juvenile court or other action.

SECTION 37. ORS 419B.190 is amended to read:

419B.190. (1)(a) When[, pursuant to] a petition has been filed alleging that the child has been physically or sexually abused, [a child is taken into temporary custody and placed in shelter care or placement in such custody and care is imminent,] the court[, at the hearing required under ORS 419B.185,] may enter an order restraining the alleged perpetrator of the abuse from having contact with the child or attempting to contact the child and requiring the alleged perpetrator to move from the household in which the child resides. [if] The court may issue a restraining order only if the court finds that:

(A) There is probable cause to believe the abuse occurred and that the person to be restrained committed the abuse; and

(B) The order is in the best interest of the child.

(b) Upon finding that to do so would aid in protecting the victim of the alleged abuse, the court may enter, in addition to a restraining order described in paragraph (a) of this subsection,[or] other appropriate orders including, but not limited to, orders that control contact between the alleged abuser and other children in the household.

(c) The court shall include in an order entered under this subsection the following information about the person to be restrained:

(A) Name;

(B) Address;

(D) Race;

(E) Sex;

(F) Height and weight; and

(G) Color of hair and eyes.

(d) The court may include in the order a provision that a peace officer accompany the restrained person to the household when it is necessary for the restrained person to remove personal property.

(2) If the court enters an order under this section:

(a) The clerk of the court shall provide without charge the number of certified true copies of the petition and order necessary to effect service and shall have a true copy of the petition and order delivered to the sheriff or other person qualified to serve the order for service upon the person to be restrained; and

(b) The sheriff or other person qualified to serve the order shall serve the person to be restrained personally unless that person is present at the hearing. After accepting the order, if the sheriff or other person cannot complete service within 10 days, the sheriff or other person shall hold the order for future service and file a return to the clerk of the court showing that service was not completed.

(3) Within 30 days after an order is served under this section, the restrained person may file a written request with the court and receive a court hearing on any portion of the order. If the restrained person requests a hearing under this subsection:

(a) The clerk of the court shall notify the parties and, if the restrained person is not a party, the restrained person of the date and time of the hearing; and

(b) The court shall hold the hearing within 21 days after the request and may cancel or modify the order.

(4) Upon receipt of proof of service, when required, and a true copy of the order, the sheriff shall immediately enter the order into the Law Enforcement Data System maintained by the Department of State Police. Entry into the Law Enforcement Data System constitutes notice to all law enforcement agencies of the existence of the order. Law enforcement agencies shall establish procedures adequate to ensure that an officer at the scene of an alleged violation of the order may be informed of the existence and terms of the order. The order shall be fully enforceable in any county in this state.

(5) A restraining order issued pursuant to this section remains in effect for a period of one year or until the order is modified, amended or terminated by court order.

(6) A court that issued a restraining order under this section may renew the order for a period of up to one year if the court finds that there is probable cause to believe the renewal is in the best interest of the child. The court may renew the order on motion alleging facts supporting the required finding. If the renewal order is granted, subsections (2) and (3) of this section apply.

(7) If a restraining order issued pursuant to this section is terminated before its expiration date, the clerk of the court shall promptly deliver a true copy of the termination order to the sheriff. The sheriff shall promptly remove the original order from the Law Enforcement Data System.

(8) Pending a contempt hearing for alleged violation of a restraining order issued under this section, a person arrested and taken into custody pursuant to ORS 133.310 may be released as provided in ORS 135.230 to 135.290. Unless the order provides otherwise, the security amount for release shall be $5,000.

(9) When a restraining order entered under this section prohibits the restrained person from contacting the protected person in writing, the restrained person does not violate the restraining order by serving on the protected person a copy of a notice of appeal of the restraining order or any other document required by law to be served on the adverse party to an appeal if:

(a) Neither the restrained person nor the protected person is represented by counsel;

(b) The restrained person serves the document by mail; and

(c) The contents of the document are not intended to harass or intimidate the protected person.

SECTION 38. ORS 419B.245 is amended to read:

419B.245. (1) A petition, answer, motion or other paper may be amended by a party within a reasonable time before an adjudication on the petition, answer, motion or other paper. Whenever an amended petition, answer, motion or other paper is filed, it shall be served upon all parties. When the interests of justice require additional time to prepare, due to the amendments to the petition, answer, motion or other paper, the court shall grant such additional time as is reasonable.

(2) The court, on motion of an interested party or on its own motion, may at any time direct that the petition be amended. If the amendment results in a substantial departure from the facts originally alleged, the court shall grant such continuance as the interests of justice may require.

SECTION 39. 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)] (d) The state;

[(d)] (e) The juvenile department;

[(e)] (f) A court appointed special advocate, if appointed;

[(f)] (g) 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)] (h) [An intervenor who petitions or files a motion] A person who has been allowed to intervene on the basis of a child-parent relationship under ORS 109.119;

(i) A guardian ad litem appointed under subsection (2) of this section; and

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

(2) When a court determines that a parent or guardian, due to mental or physical disability, cannot adequately act in the parent’s or guardian’s interests or give direction to the parent’s or guardian’s counsel on decisions the parent or guardian must make, the court shall appoint some suitable person to act as guardian ad litem for the parent or guardian.

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

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

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

(d) The right of appeal; and

(e) The right to request a hearing.

[(3)(a)] (4)(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;

(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.

[(4)] (5) 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] when allowed to intervene, 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.

SECTION 39a. If House Bill 2950 becomes law, section 1, chapter 624, Oregon Laws 2001 (Enrolled House Bill 2950) (amending ORS 419B.115), is repealed and ORS 419B.115, as amended by section 39 of this 2001 Act, is amended to read:

419B.115. (1) Parties to proceedings in the juvenile court under ORS 419B.100 and, except as provided in paragraph (h) of this subsection, under ORS 419B.500 are:

(a) The minor child;

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

(d) The state;

(e) The juvenile department;

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

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

(h) [A person who has been allowed to intervene on the basis of a child-parent relationship under ORS 109.119] An intervenor who is granted intervention under section 3, chapter 624, Oregon Laws 2001 (Enrolled House Bill 2950). An intervenor under this paragraph is not a party to a proceeding under ORS 419B.500;

(i) A guardian ad litem appointed under subsection (2) of this section; and

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

(3) 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)(h) of this section, to have counsel appointed as otherwise provided by law;

(d) The right of appeal; and

(e) The right to request a hearing.

(4)(a) The court may grant rights of limited participation to 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] A person seeking rights of limited participation must file a motion for limited participation and an affidavit. The affidavit must be served on all parties no later than two weeks before a proceeding in the case in which participation is sought. The [petition] affidavit 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;

(D) What specific relief is being sought.

(b) If the court [finds that the petition is well founded, the court may grant] grants the motion, the rights of limited participation [as] are those specified [by] in the court order.

(c) Persons [petitioning] moving for rights of limited participation are not entitled to court-appointed counsel but may appear with retained counsel.

(5) 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 when allowed to intervene, the foster parent, preadoptive parent or relative providing care for the child [shall] is not [be] considered a party to the juvenile court proceeding solely because of notice and an opportunity to be heard.

(6) When a legal grandparent of a child requests in writing and provides a mailing address, the State Office for Services to Children and Families shall give the legal grandparent notice of a hearing concerning the child and the court shall give the legal grandparent an opportunity to be heard. Except when allowed to intervene, a legal grandparent is not considered a party to the juvenile court proceeding solely because of notice and an opportunity to be heard.

SECTION 40. ORS 419B.300 is amended to read:

419B.300. (1) In all proceedings brought under ORS 419B.100 or 419B.500, each party, including the state, shall disclose to each other party the following information and material within the possession or under the control of the party:

(a) The names and addresses of all persons the party intends to call as witnesses at any stage of the hearing, together with any relevant written or recorded statements or memoranda of any oral statements of such persons;

(b) Any written or recorded statements or memoranda of any oral statements made either by the parent or by the child to any other party or agent for any other party;

(c) Any reports or statements of experts [made in connection with the particular case] who will be called as witnesses, including the results of any physical or mental examinations and of comparisons or experiments that the party intends to offer in evidence at the hearing; and

(d) Any books, papers, documents or photographs that the party intends to offer in evidence at the hearing, or that were obtained from or belong to any other party.

(2)(a) Disclosure shall be made as soon as practicable following the filing of a petition[.] and no later than:

(A) Thirty days after a petition alleging jurisdiction has been filed.

(B) Three days before any review hearing, except for information received or discovered less than three days prior to the hearing.

(C) Ten days before a termination trial, except for information received or discovered less than 10 days prior to the trial.

(b) The court may supervise the exercise of discovery to the extent necessary to insure that it proceeds properly and expeditiously.

(3) The obligation to disclose is an ongoing obligation and if a party finds, either before or during the hearing, additional material or information that is subject to disclosure, the information or material shall be promptly disclosed.

(4) The following material and information need not be disclosed:

(a) Attorney work product[, legal research, records, correspondence, reports or memoranda to the extent they contain the opinions, theories or conclusions of the attorneys or their agents and peace officers or their agents]; and

(b) Transcripts, recordings or memoranda of testimony of witnesses before the grand jury, except transcripts or recordings of testimony of a party to the current juvenile court proceeding.

[(5) When some parts of certain material are subject to disclosure and other parts are not, as much of the material as is subject to disclosure shall be disclosed.]

[(6) Upon being notified of any breach of a duty to disclose material or information, the court may order the violating party to permit inspection of the material, or grant a continuance, or refuse to permit the witness to testify, or refuse to receive in evidence the material that was not disclosed, or enter such other order as the court considers appropriate.]

[(7)] (5) Upon a showing of good cause, the court may at any time order that specified disclosure be denied, restricted or deferred or make such other order as is appropriate.

[(8)] (6) Upon request of a party, the court may permit a showing of good cause for denial or regulation of disclosure by the parties or the contents of subpoenaed materials, or portion of [such] the showing, to be made in camera. A record shall be made of the proceeding.

[(9)] (7) If the court enters an order [granting relief] following an in camera showing, the entire record of the showing shall be sealed and preserved in the records of the court, to be made available to the appellate court in the event of an appeal. The trial court[, in its discretion,] may, after disposition, unseal the record.

(8) When some parts of certain material are subject to disclosure and other parts are not, as much of the material as is subject to disclosure shall be disclosed.

(9) Upon being notified of any breach of a duty to disclose material or information, the court may:

(a) Order the violating party to permit inspection of the material;

(b) Grant a continuance;

(c) Refuse to permit the witness to testify;

(d) Refuse to receive in evidence the material that was not disclosed; or

(e) Enter such other order as the court considers appropriate.

SECTION 41. ORS 419B.285 is amended to read:

419B.285. If the child is before the court, the court has the power to proceed with the case without service upon those entitled to service under [ORS 419B.271] sections 5 to 13 of this 2001 Act if diligent efforts have failed to reveal the identity or the whereabouts of the person, except that:

(1) No order entered pursuant to ORS 419B.500, 419B.502, 419B.504, 419B.506 and 419B.508 may be entered unless ORS [419B.515,] 419B.518, 419B.521 and 419B.524 and sections 5 to 13 of this 2001 Act are complied with.

(2) No order for support as provided in ORS 419B.400, 419B.402, 419B.404 and 419B.406 may be entered against a person unless that person is served as provided in [ORS 419B.274] sections 5 to 13 of this 2001 Act.

[(3) If it appears to the court that a parent or guardian required to be served by ORS 419B.265, 419B.268 and 419B.271 was not served as provided in ORS 419B.274, 419B.277 and 419B.280 or was served on such short notice that the parent or guardian did not have a reasonable opportunity to appear at the time fixed, the court shall, upon petition by the parent or guardian, reopen the case for full consideration.]

SECTION 42. ORS 25.280 is amended to read:

25.280. In any judicial or administrative proceeding for the establishment or modification of a child support obligation under ORS chapters 107, 108, 109 and 416, and ORS 110.303 to 110.452, 419B.400, [419B.420,] 419C.590 or 419C.610 or section 33 of this 2001 Act, the amount of support determined by the formula established pursuant to ORS 25.270 to 25.287, 107.105, 416.415, 416.435 and 419B.400 or 419C.590 shall be presumed to be the correct amount of the obligation. This shall be a rebuttable presumption and a written finding or a specific finding on the record that the application of the formula would be unjust or inappropriate in a particular case shall be sufficient to rebut the presumption. The following criteria shall be considered in making the finding:

(1) Evidence of the other available resources of a parent;

(2) The reasonable necessities of a parent;

(3) The net income of a parent remaining after withholdings required by law or as a condition of employment;

(4) A parent’s ability to borrow;

(5) The number and needs of other dependents of a parent;

(6) The special hardships of a parent including, but not limited to, any medical circumstances of a parent affecting the parent’s ability to pay child support;

(7) The needs of the child;

(8) The desirability of the custodial parent remaining in the home as a full-time parent and homemaker;

(9) The tax consequences, if any, to both parents resulting from spousal support awarded and determination of which parent will name the child as a dependent; and

(10) The financial advantage afforded a parent’s household by the income of a spouse or another person with whom the parent lives in a relationship similar to husband and wife.

SECTION 43. ORS 418.930 is amended to read:

418.930. Within one working day of the removal of a refugee child, the State Office for Services to Children and Families shall file a petition with the juvenile court containing, in addition to the facts required by ORS [419B.242 or] 419C.255 or section 4 of this 2001 Act, a specific and detailed account of the circumstances which led the office to conclude that the child was in imminent danger of serious emotional or physical harm.

SECTION 44. ORS 418.933 is amended to read:

418.933. (1) No refugee child shall remain out of the child’s home pursuant to ORS 418.927 for longer than five days unless there has been a judicial determination supported by clear and convincing evidence that:

(a) Preventative or remedial services provided by the State Office for Services to Children and Families have failed to alleviate the need for removal; and

(b) Return to the home will likely result in psychological or physical damage to the child.

(2) The State Office for Services to Children and Families must include in its petition in addition to the material required under ORS 418.930 and [419B.242] section 4 of this 2001 Act or ORS 419C.255, the following:

(a) Specific actions the office is taking or has taken to alleviate the need for removal.

(b) Assurance that the office has complied with the placement preferences of ORS 418.937.

(c) Assurance that the office is making or has made diligent efforts to locate and to give notice to all affected refugee family members and to the Refugee Child Welfare Advisory Committee of the pendency of the petition.

SECTION 45. ORS 419A.262 is amended to read:

419A.262. (1) An expunction proceeding shall be commenced in the county where the subject person resided at the time of the most recent termination.

(2) Upon application of either a person who is the subject of a record or a juvenile department, or upon its own motion, the juvenile court shall order expunction if, after a hearing when the matter is contested, it finds that:

(a) At least five years have elapsed since the date of the person’s most recent termination;

(b) Since the date of the most recent termination, the person has not been convicted of a felony or a Class A misdemeanor;

(d) The person is not within the jurisdiction of any juvenile court on the basis of a petition alleging an act or behavior as defined in ORS 419B.100 (1)(a) to (c) and (f) or 419C.005; and

(e) The juvenile department is not aware of any pending investigation of the conduct of the person by any law enforcement agency.

(3) In the case of an application by the juvenile department or of the court acting upon its own motion, expunction shall not be ordered if actual notice of expunction has not been given to the person in accordance with subsection (10) of this section unless the person has reached 21 years of age.

(4) When a person who is the subject of a record kept by a juvenile court or juvenile department reaches 18 years of age, the juvenile court, after a hearing when the matter is contested, shall order expunction if:

(a) The person never has been found to be within the jurisdiction of the court; or

(b) The conditions of subsection (2) of this section have been met.

(5) Expunction shall not be ordered under this section if actual notice of expunction has not been given to the person in accordance with subsection (10) of this section unless the person has reached 21 years of age.

(6) Subsections (4) and (5) of this section shall apply only to cases which result in termination after September 13, 1975.

(7) Notwithstanding subsections (2) and (4) to (6) of this section, upon application of a person who is the subject of a record kept by a juvenile court or juvenile department, upon application of the juvenile department, or upon its own motion, the juvenile court, after a hearing when the matter is contested, may order expunction of all or any part of the person’s record if it finds that to do so would be in the best interests of the person and the public. In the case of an application by the juvenile department or of the court acting upon its own motion, expunction shall not be ordered if actual notice of expunction has not been given to the person in accordance with subsection (10) of this section unless the person has reached 21 years of age.

(8) When an expunction proceeding is commenced by application of the person whose records are to be expunged, the person shall set forth as part of the application the names of the juvenile courts, juvenile departments, institutions and law enforcement and other agencies which the person has reason to believe possess an expungible record of the person. The juvenile department shall provide the names and addresses of the juvenile courts, juvenile departments, institutions and law enforcement and other agencies which a reasonable search of department files indicates have expungible records.

(9) When an expunction proceeding is commenced by application of the juvenile department or upon the court’s own motion, the application or motion shall set forth the names and addresses of the juvenile courts, juvenile departments, institutions and law enforcement and other agencies which a reasonable search of department files indicates have expungible records and those provided by the subject person.

(10) Notice of an application for expunction under subsections (2) to (7) of this section shall be given to:

(a) The district attorney of the county in which the expunction proceeding is commenced and the district attorney of each county in which the record sought to be expunged is kept; and

(b) The person who is the subject of the record if the person has not initiated the expunction proceeding.

(11) Within 30 days of receiving the notice of application for expunction under subsection (10) of this section, a district attorney shall give written notice of any objection and the grounds therefor to the person whose records are to be expunged and to the juvenile court. If no objection is filed the court may decide the issue of expunction either without a hearing or after full hearing pursuant to subsections (12) to (15) of this section.

(12) When an expunction is pending pursuant to subsections (2) to (7) of this section, the court may proceed with or without a hearing, except that:

(a) The court may not enter an order of expunction without a hearing if a timely objection to expunction has been filed pursuant to subsection (11) of this section; and

(b) The court may not deny an expunction without a hearing if the proceeding is based on an application of the subject.

(13) Notice of a hearing on a pending expunction shall be served on the subject and any district attorney filing a timely objection pursuant to subsection (11) of this section.

(14) The court shall conduct a hearing on a pending expunction in accord with the provisions of ORS 419B.195, 419B.198, 419B.201, 419B.205, 419B.208, 419B.310[, 419B.317] and 419B.320 and sections 5 to 13 of this 2001 Act. Rules of evidence shall be as in a hearing to establish juvenile court jurisdiction and as defined in ORS 419B.310 [(4)] (3) and 419C.400 (2). The burden of proof shall be with the party contesting expunction.

(15) At the conclusion of a hearing on a pending expunction, the court shall issue an order granting or denying expunction. Such order shall be a final order of the court for purposes of appeal.

(16) The juvenile court or juvenile department shall send a copy of an expunction order to each agency subject to the order. Upon receipt of a copy of the order, an agency subject thereto shall comply and, within 21 days of the date of receipt, return the copy to the juvenile court or juvenile department with an indorsement indicating compliance.

(17) When all agencies subject to an expunction order have indicated their compliance or in any event no later than six weeks following the date the order was delivered as required by subsection (16) of this section, the juvenile court shall provide the person who is the subject of the record with a copy of the expunction order, a list of complying and noncomplying agencies, and a written notice of rights and effects of expunction. The juvenile court and juvenile department then shall expunge forthwith all records which they possess and which are subject to the order, except the original expunction order and the list of complying and noncomplying agencies which shall be preserved under seal.

(18) In addition to those agencies identified in ORS 419A.260 (1)(d), the juvenile, circuit, municipal and justice courts, and the district and city attorneys of this state, are bound by an expunction order of any juvenile court of appropriate jurisdiction in this state issuing an order of expunction.

(19) Upon entry of an expunction order, the contact which is the subject of the expunged record shall not be disclosed by any agency. An agency that is subject to an expunction order shall respond to any inquiry about the contact by indicating that no record or reference concerning the contact exists.

(20) A person who is the subject of a record which has been expunged under this section may assert that the record never existed and that the contact, which was the subject of the record, never occurred without incurring a penalty for perjury or false swearing under the laws of this state.

(21) Juvenile courts, by court rule or by order related to a particular matter, may direct that records concerning a subject person be destroyed. No such records shall be destroyed until at least three years have elapsed after the date of the subject’s most recent termination. In the event the record has been expunged, the order of expunction and list of complying and noncomplying agencies shall not be destroyed, but shall be preserved under seal. The destruction herein defined does not constitute expunction.

(22) An order of expunction and list of complying and noncomplying agencies shall be released from confidentiality only on order of the court originating the order of expunction, based on a finding that review of a particular case furthers compliance with the expunction provisions of this chapter.

(23) A subject has a right of action against any person who intentionally violates the confidentiality provisions of this section. In any such proceeding, punitive damages up to an amount of $1,000 may be sought in addition to any actual damages. The prevailing party shall be entitled to costs and reasonable attorney fees.

(24) Intentional violation of the confidentiality provisions of this section by a public employee is cause for dismissal.

(25) A person who intentionally releases all or part of an expunged record commits a Class C misdemeanor.

SECTION 46. ORS 419B.150 is amended to read:

419B.150. (1) A child may be taken into protective custody by a peace officer, counselor, employee of the State Office for Services to Children and Families or any other person authorized by the juvenile court of the county in which the child is found, in the following circumstances:

(a) [Where] When the child’s condition or surroundings reasonably appear to be such as to jeopardize the child’s welfare;

(b) [Where] When the juvenile court, by order indorsed on the summons as provided in [ORS 419B.271] section 13 of this 2001 Act or otherwise, has ordered that the child be taken into protective custody; or

(2)(a) Before issuing an order under subsection (1)(b) of this section, the court shall review an affidavit sworn on information and belief provided by a peace officer, counselor or employee of the State Office for Services to Children and Families or other person authorized by the juvenile court that sets forth with particularity the facts and circumstances on which the request for protective custody is based and the reasonable efforts or, if the Indian Child Welfare Act applies, active efforts made by the office to eliminate the need for protective custody of the child.

(b) Except as provided in paragraph (c) of this subsection, the court may not issue an order unless the court determines that the office has made reasonable efforts or, if the Indian Child Welfare Act applies, active efforts to eliminate the need for protective custody of the child.

(c) The court may issue an order even though no services have been provided if the court finds that no existing services could eliminate the need for protective custody of the child.

(3) When a child is taken into protective custody as a runaway under subsection (1) of this section, the peace officer or other person who takes the child into custody:

(a)(A) Shall release the child without unnecessary delay to the custody of the child’s parent or guardian or to a shelter facility that has agreed to provide care and services to children who have run away from home and that has been designated by the juvenile court to provide such care and services; or

(B) Shall follow the procedures described in ORS 419B.160, 419B.165, 419B.168 and 419B.171;

(b) Shall, if possible, determine the preferences of the child and the child’s parent or guardian as to whether the best interests of the child are better served by placement in a shelter facility that has agreed to provide care and services to children who have run away from home and that has been designated by the juvenile court to provide such care and services or by release to the child’s parent or guardian; and

(c) Notwithstanding ORS 419B.165 and subsection (1) of this section, shall release the child to a shelter facility that has agreed to provide care and services to children who have run away from home and that has been designated by the juvenile court to provide such care and services if it reasonably appears that the child would not willingly remain at home if released to the child’s parent or guardian.

SECTION 47. ORS 419B.150, as amended by section 2, chapter 691, Oregon Laws 1999, is amended to read:

(a) [Where] When the child’s condition or surroundings reasonably appear to be such as to jeopardize the child’s welfare; or

(b) [Where] When the juvenile court, by order indorsed on the summons as provided in [ORS 419B.271] section 13 of this 2001 Actor otherwise, has ordered that the child be taken into protective custody.

(c) The court may issue an order even though no services have been provided if the court finds that no existing services could eliminate the need for protective custody of the child.

SECTION 48. ORS 419B.282 is amended to read:

419B.282. (1) No person required to appear as provided in [ORS 419B.265, 419B.268 and 419B.271] sections 5 to 13 of this 2001 Act shall without reasonable cause fail to appear or, where directed in the summons, to bring the child before the court.

(2) If the summons cannot be served, if the person to whom the summons is directed fails to obey it or if it appears to the court that the summons will be ineffectual, the court may direct issuance of a warrant of arrest against the person summoned or against the child.

SECTION 49. ORS 419B.385 is amended to read:

419B.385. A parent or legal guardian of any child found to be within the jurisdiction of the court as provided in ORS 419B.100, if such parent or guardian was served with summons under [ORS 419B.265, 419B.268 and 419B.271] sections 5 to 13 of this 2001 Act prior to the adjudication, shall be subject to the jurisdiction of the court for purposes of this section. The court may order the parent or guardian to assist the court in any reasonable manner in providing appropriate education or counseling for the child.

SECTION 50. ORS 419B.476 is amended to read:

419B.476. (1) The permanency hearing shall be conducted in the manner provided in ORS 419B.310[, 419B.317] and 419B.320 and sections 5 to 13 of this 2001 Act, except that the court may receive testimony and reports as provided in ORS 419B.325.

(2)(a) At a permanency hearing conducted under ORS 419B.470 (2), if the case plan is to reunify the family, the court shall determine whether the State Office for Services to Children and Families has made reasonable efforts or, if the Indian Child Welfare Act applies, active efforts to make it possible for the child to safely return home and whether the parent has made sufficient progress to make it possible for the child to safely return home. In making its determination, the court shall consider the child’s health and safety the paramount concerns.

(b) If the office has made reasonable efforts or, if the Indian Child Welfare Act applies, active efforts to make it possible for the child to safely return home and the parent has not made sufficient progress to allow the child to safely return home, the rebuttable presumption in ORS 419B.343 (2) is created, unless the time period was extended as provided in ORS 419B.350 (2).

(c) A party to a permanency hearing may rebut the presumption by showing by a preponderance of the evidence that further efforts will make it possible for the child to safely return home within a reasonable time.

(d) If the presumption is rebutted, the court shall order an extension for a time certain and specify the services in which the parents are to participate and the progress that is required by the end of the extension.

(3) If, at a permanency hearing conducted under ORS 419B.470 (2), the court finds that the office has not made reasonable efforts or, if the Indian Child Welfare Act applies, active efforts to make it possible for the child to safely return home, the court shall so state. The court shall extend the period referred to in ORS 419B.343 (2) by a period of time equal to that between the prior finding that the office had made reasonable efforts or, if the Indian Child Welfare Act applies, active efforts to make it possible for the child to safely return home, and the current finding that the office has not made reasonable or active efforts.

(4) At a permanency hearing conducted in cases in which the case plan is something other than to reunify the family, the court shall determine whether the office has made reasonable efforts to place the child in a timely manner in accordance with the plan and to complete the steps necessary to finalize the permanent placement of the child.

(5) The court shall enter an order within 20 days after the permanency hearing. When the child is in substitute care, the order shall include the court’s determination of the permanency plan for the child that includes whether and, if applicable, when:

(a) The child will be returned to the parent;

(b) The child will be placed for adoption, and a petition for termination of parental rights will be filed;

(d) The child will be placed in another planned permanent living arrangement if the State Office for Services to Children and Families has documented a compelling reason that it would not be in the best interests of the child to be:

(A) Returned home;

(B) Placed for adoption, and a petition for termination of parental rights to be filed;

(D) Placed with a legal guardian.

(6) In making the determination under subsection (5)(b) of this section, the court shall determine whether one of the circumstances in ORS 419B.498 (2) is applicable to the case.

(7) The court shall also include the tribal affiliation of the child in the order if the family has indicated there is Indian ancestry.

(8) If the court determines that the child shall be referred for establishment of legal guardianship, placed with a fit and willing relative or placed in another planned permanent living arrangement, the court shall enter written findings specifying why neither placement with parents nor adoption is appropriate. If the current placement is not expected to be permanent, the court shall specify a projected timetable for return home or for placement in another planned permanent living arrangement. If the timetable set forth by the court is not met, the State Office for Services to Children and Families shall promptly notify the court and parties. If an Indian child is involved, the placement preference under the Indian Child Welfare Act shall be followed.

(9) In the course of the permanency hearing, the court may determine the adequacy of and compliance with the case plan and case progress report. In addition to other orders, the court may:

(a) Order the office to develop or expand a case plan, concurrent case plan or case progress report which must be submitted within 10 days after the hearing;

(b) Set a court hearing at a specific later time;

(c) Direct the local citizen review board to review the status of the child prior to its next review under ORS 419A.106, 419A.108, 419A.110, 419A.112, 419A.116 and 419A.118;

(d) Order the office or other agency directly responsible for the child to modify the care, placement and supervision of the child; and

(e) Review efforts made to develop the concurrent case plan including, but not limited to, identification and selection of a suitable adoptive placement for the child.

(10) Any decision of the court made pursuant to the permanency hearing shall be a final order for the purposes of ORS 419A.200.

SECTION 51. ORS 419B.555 is amended to read:

419B.555. (1) The juvenile court shall conduct a preliminary hearing on the minor’s application for emancipation within 10 days of the date on which it is filed or as soon as possible thereafter. At the time of the preliminary hearing, the court may issue a temporary custody decree, stay any pending proceedings or enter any other temporary order appropriate to the circumstances. No action of the court pursuant to this subsection may be extended beyond the date set for a final hearing.

(2) The final hearing shall be held no later than 60 days or as soon as possible after the date on which the application is filed.

(3) Notice to the parent or parents of the applicant shall be made pursuant to [ORS 419B.265 (1), 419B.268 and 419B.271] sections 5 to 13 of this 2001 Act.

(4) At the preliminary hearing, the court shall advise the minor of the civil and criminal rights and civil and criminal liabilities of an emancipated minor. This advice shall be recited in the decree of emancipation.

(5) The hearing mentioned in subsection (2) of this section may be waived by the minor and parent or parents.

(6) A uniform filing fee of $70 shall be charged and collected by the court for each application for emancipation. In addition, the court shall collect any other fees required by law.

SECTION 52. ORS 477.745 is amended to read:

477.745. (1) In addition to any other remedy provided by law, the parent or parents of an unemancipated minor child shall be liable for costs incurred by the forester in suppressing fires on forestland caused by such minor child. However, a parent who is not entitled to legal custody of the minor child at the time of the fire shall not be liable for such damages.

(2) The legal obligation of the parent or parents of an unemancipated minor child to pay damages under this section shall be limited to not more than $5,000 payable to the forester for one or more acts.

(3) When an action is brought under this section on parental responsibility for acts of their children, the parents shall be named as defendants therein and, in addition, the minor child shall be named as a defendant. The filing of an answer by the parents shall remove any requirement that a guardian ad litem be required.

(4) Nothing in subsections (1) to (3) of this section applies to:

(a) Foster parents.

(b) Parents who have filed a petition for the unemancipated minor child under [ORS 419B.230] section 4 of this 2001 Act.

SECTION 53. ORS 419B.305 is amended to read:

419B.305. (1) Except as otherwise provided in this section, no later than 60 days after a petition alleging that a child is within the jurisdiction of the court under ORS 419B.100 has been filed, the court shall hold a hearing on the petition and enter an order under ORS 419B.325 (1). Upon written order supported by factual findings of good cause, the court may continue a petition beyond 60 days.

(2)[(a)] No later than 30 days after a petition alleging jurisdiction under ORS 419B.100 is filed[:]

[(A)] all parties shall comply with ORS 419B.300[; and]

[(B) Each person about whom allegations have been made shall admit or deny the allegations].

[(b)] (3) When a person denies allegations in the petition, the court shall set the case for a hearing within the time limits prescribed by subsection (1) of this section. Upon written order supported by factual findings of good cause, the court may continue the hearing beyond the 60-day time limit.

[(3)] (4) Upon expiration of any continuance granted by this section, the court shall give a petition filed under ORS 419B.100 that is beyond the time limit imposed by subsection (1) of this section the highest priority on the court docket.

SECTION 54. ORS 419B.310 is amended to read:

419B.310. (1) The hearing shall be held by the court without a jury and may be continued from time to time. During the hearing of a case filed pursuant to ORS 419B.100, the court, on its own motion or upon the motion of a party, may take testimony from any child appearing as a witness and may exclude the child’s parents and other persons if the court finds such action would be likely to be in the best interests of the child. However, the court shall not exclude the attorney for each party and the testimony shall be reported.

[(2) Where the court conducts any hearing, the court shall inquire whether a child is an Indian child subject to the Indian Child Welfare Act. If the court knows or has reason to know that an Indian child is involved, the court shall enter an order requiring the State Office for Services to Children and Families to notify the Indian child’s tribe of the pending proceedings and of the tribe’s right to intervene.]

[(3)] (2) Stenographic notes or other report of the hearings shall be taken only when required by the court.

[(4)] (3) The facts alleged in the petition showing the child to be within the jurisdiction of the court as provided in ORS 419B.100 (1), unless admitted, must be established by a preponderance of competent evidence.

SECTION 55. ORS 419B.315 is amended to read:

419B.315. (1) After the commencement of a proceeding under ORS 419B.100 or 419B.500, a party may move the court for an order allowing a deposition to be taken to perpetuate the testimony of a witness who is:

(a) Outside the jurisdiction of, or otherwise not subject to the process of, the court; or

(b) Unable to attend because of age, sickness, infirmity, imprisonment or undue hardship.

(2) The affidavit in support of the motion to take a deposition to perpetuate testimony, in addition to setting forth the reasons described in subsection (1)(a) and (b) of this section, shall also set forth:

(a) The reasons why the testimony of the witness sought to be deposed cannot be taken by telephone at the time of the hearing;

(b) Where the deposition is to be taken;

(d) A brief statement of the substance of the testimony that the witness is expected to give.

(3) If the court finds that taking a deposition will best promote the just, speedy and inexpensive resolution of one or more issues in the proceeding or that taking a deposition is necessary to meet the requirements of due process, the court shall grant the motion.

(4) If the motion is granted, the court may, in its discretion, set conditions regarding the time, place and method of taking the deposition.

[(5) All objections to any testimony or evidence taken at the deposition shall be made at the time and noted upon the record. The court before which the testimony is offered shall rule on any objections before the testimony is offered. Any objection not made at the deposition is waived.]

SECTION 56. (1) ORS 419B.115, 419B.190, 419B.245, 419B.260, 419B.282, 419B.285, 419B.300, 419B.315 and 419B.320 are added to and made a part of sections 2 to 35 of this 2001 Act.

(2) ORS 419B.280 is added to and made a part of sections 5 to 13 of this 2001 Act.

SECTION 57. ORS 419B.230, 419B.233, 419B.236, 419B.239, 419B.242, 419B.265, 419B.268, 419B.271, 419B.274, 419B.277, 419B.317, 419B.420, 419B.423, 419B.426 and 419B.515 are repealed.

Approved by the Governor June 26, 2001

Filed in the office of Secretary of State June 26, 2001

Effective date January 1, 2002

__________