71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
SA to RC to A-Eng. HB 2336
LC 1181/HB 2336-A2
SENATE AMENDMENTS TO RESOLVE CONFLICTS TO
A-ENGROSSED HOUSE BILL 2336
By COMMITTEE ON JUDICIARY
May 23
On page 1 of the printed A-engrossed bill, line 3, after the
semicolon insert 'repealing sections 1 and 2, chapter ___, Oregon
Laws 2001 (Enrolled House Bill 2388);'.
On page 4, after line 44, insert:
' { + SECTION 3a. + } { + If House Bill 2388 becomes law,
section 1, chapter ___, Oregon Laws 2001 (Enrolled House Bill
2388) (amending ORS 419A.200), is repealed and ORS 419A.200, as
amended by section 3 of this 2001 Act, is amended to read: + }
' 419A.200. (1) Except as provided in ORS 419A.190, any person
or entity, including, but not limited to, a party to a juvenile
court proceeding under ORS 419B.115 (1) or 419C.285 (1), whose
rights or duties are adversely affected by a judgment of the
juvenile court may appeal therefrom. An appeal from a circuit
court shall be taken to the Court of Appeals, and an appeal from
a county court shall be taken to the circuit court.
' (2) If the proceeding is in the circuit court and no record
of the proceedings was kept, the court, on motion made not later
than 15 days after the entry of the court's judgment, shall grant
a rehearing and shall direct that a record of the proceedings be
kept. However, the court shall not grant a rehearing in a case
barred by ORS 419A.190 without the consent of the child affected
by such case. If a rehearing is held, the time for taking an
appeal shall run from the date of entry of the court's judgment
after the rehearing.
' (3)(a) The appeal may be taken by causing a notice of appeal,
in the form prescribed by ORS 19.250, to be served:
' (A) On all parties who have appeared in the proceeding;
' (B) On the trial court administrator or other person serving
as clerk of the juvenile court; and
' (C) On the juvenile court transcript coordinator, if a
transcript is designated in connection with the appeal.
' (b) The original of the notice with proof of service shall be
filed with:
' (A) The Court of Appeals if the appeal is from a circuit
court; or
' (B) The circuit court if the appeal is from a county court.
' (c) The notice shall be filed not later than 30 days after
the entry of the court's judgment. On appeal from the county
court, the circuit court shall hear the matter de novo and its
judgment shall be appealable to the Court of Appeals in the same
manner as if the proceeding had been commenced in the circuit
court.
' { + (4) The counsel in the proceeding from which the appeal
is being taken shall file and serve those documents necessary to
commence an appeal if the counsel is requested to do so by the
party the counsel represents. + }
' { - (4)(a) - } { + (5)(a) + } Upon motion of a person,
other than the state, entitled to appeal under subsection (1) of
this section, the appellate court shall grant the person leave to
file a notice of appeal after the time limits described in
subsection (3) of this section if:
' (A) The person shows a colorable claim of error in the
proceeding from which the appeal is taken; and
' (B) The person shows that the failure to file a timely notice
of appeal is not personally attributable to the person.
' (b) A person other than the state is not entitled to relief
under this subsection for failure to file timely notice of
cross-appeal when the state appeals pursuant to section 5 of this
2001 Act.
' (c) The request for leave to file a notice of appeal after
the time limits prescribed in subsection (3) of this section must
be filed no later than 90 days after entry of the judgment being
appealed and must be accompanied by the notice of appeal sought
to be filed. A request for leave under this subsection may be
filed by mail and is deemed filed on the date of mailing if the
request is mailed as provided in ORS 19.260.
' (d) The court may not grant relief under this subsection
unless the state has notice and opportunity to respond to the
person's request for relief.
' { - (5) - } { + (6) + } An appeal to the Court of Appeals
shall be conducted in the same manner as an appeal under ORS
chapter 19 except that:
' (a) The court shall advance the appeal on the court's docket
in the same manner as appeals in criminal cases; and
' (b) The court's scope of review is de novo on the record.
' { - (6)(a) - } { + (7)(a) + } Except as provided in
section 5 (2) of this 2001 Act or when otherwise ordered by the
appellate court, the filing of an appeal does not suspend an
order or judgment of the juvenile court nor discharge the child
from the custody of the person, institution or agency in whose
custody the child may have been placed nor preclude the juvenile
court after notice and hearing from entering such further orders
relating to the child's custody pending final disposition of the
appeal as it finds necessary by reason only of matters
transpiring subsequent to the order or judgment appealed from.
The trial court administrator shall immediately file certified
copies of any such order or judgment with the Court of Appeals.
' (b) Notwithstanding the filing of an appeal from a
jurisdictional or dispositional judgment or an order entered
pursuant to ORS 419B.449 or 419B.476, the juvenile court may
proceed with the adjudication of a petition seeking termination
of the parental rights of a parent of the child who is subject to
the judgment from which the appeal is taken.
' (c) The appeal of any judgment entered in a termination of
parental rights proceeding under paragraph (b) of this subsection
shall be consolidated, if appropriate, with any pending appeal of
an order or judgment entered under ORS 419B.325, 419B.449 or
419B.476. The consolidated appeal shall be conducted and advanced
on the court's docket in the same manner as termination of
parental rights cases.
' { - (7) - } { + (8) + } The district attorney or Attorney
General shall represent the state in the appeal.'.
On page 13, after line 16, insert:
' { + SECTION 14a. + } { + If House Bill 2388 becomes law,
section 2, chapter ___, Oregon Laws 2001 (Enrolled House Bill
2388) (amending ORS 151.465), is repealed. + } ' .
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