71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1172
Senate Bill 69
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Joint Interim Judiciary
Committee for Judicial Department, Access to Justice for All
Committee)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Requires appointment of interpreters for specified persons in
juvenile proceedings.
Declares emergency, effective July 1, 2001.
A BILL FOR AN ACT
Relating to interpreters in juvenile proceedings; creating new
provisions; amending ORS 419B.115 and 419C.285; and declaring
an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 419B.115 is amended to read:
419B.115. (1) Parties to proceedings in the juvenile court
under ORS 419B.100 and 419B.500 are:
(a) The minor child;
(b) The legal parents or guardian of the child;
(c) The state;
(d) The juvenile department;
(e) A court appointed special advocate, if appointed;
(f) The State Office for Services to Children and Families or
other child-caring agency if the agency has temporary custody of
the child; and
(g) An intervenor who petitions or files a motion on the basis
of a child-parent relationship under ORS 109.119.
(2) The rights of the parties include, but are not limited to:
(a) The right to notice of the proceeding and copies of the
pleadings;
(b) The right to appear with counsel and to have counsel
appointed as otherwise provided by law;
(c) The right to call witnesses, cross-examine witnesses and
participate in hearings;
(d) The right of appeal; and
(e) The right to request a hearing.
(3)(a) Persons who are not parties under subsection (1) of this
section may petition the court for rights of limited
participation. The petition must be filed and served on all
parties no later than two weeks before a proceeding in the case
in which participation is sought. The petition must state:
(A) The reason the participation is sought;
(B) How the person's involvement is in the best interest of the
child or the administration of justice;
(C) Why the parties cannot adequately present the case; and
(D) What specific relief is being sought.
(b) If the court finds that the petition is well founded, the
court may grant rights of limited participation as specified by
the court.
(c) Persons petitioning for rights of limited participation are
not entitled to court-appointed counsel.
(4) If a foster parent, preadoptive parent or relative is
currently providing care for a child, the State Office for
Services to Children and Families shall give the foster parent,
preadoptive parent or relative notice of a hearing concerning the
child and the court shall give the person an opportunity to be
heard. Except as provided in subsection (1) of this section, the
foster parent, preadoptive parent or relative providing care for
the child shall not be considered a party to the juvenile court
proceeding solely because of notice and an opportunity to be
heard.
{ + (5) Interpreters for parties and persons granted rights
of limited participation shall be appointed in the manner
specified by ORS 45.275 and 45.285. + }
SECTION 2. ORS 419C.285 is amended to read:
419C.285. (1) At the adjudication stage of a delinquency
proceeding, the parties to the proceeding are the youth and the
state, represented by the district attorney or the juvenile
department. At the dispositional stage of a delinquency
proceeding, the following are also parties:
(a) The parents or guardian of the youth;
(b) A court appointed special advocate, if appointed;
(c) The Oregon Youth Authority or other child care agency, if
the youth is temporarily committed to the agency; and
(d) An intervenor who petitions or files a motion on the basis
of a child-parent relationship under ORS 109.119.
(2) The rights of the parties include, but are not limited to:
(a) The right to notice of the proceeding and copies of the
pleadings;
(b) The right to appear with counsel and to have counsel
appointed if otherwise provided by law;
(c) The right to call witnesses, cross-examine witnesses and
participate in hearings;
(d) The right to appeal; and
(e) The right to request a hearing.
(3)(a) Persons who are not parties under subsection (1) of this
section may petition the court for rights of limited
participation. The petition must be filed and served on all
parties no later than two weeks before a proceeding in the case
in which participation is sought. The petition must state:
(A) The reason the participation is sought;
(B) How the person's involvement is in the best interest of the
youth or the administration of justice;
(C) Why the parties cannot adequately present the case; and
(D) What specific relief is being sought.
(b) If the court finds that the petition is well founded, the
court may grant rights of limited participation as specified by
the court.
(c) Persons petitioning for rights of limited participation are
not entitled to court-appointed counsel.
{ + (4) In all delinquency proceedings, interpreters shall be
appointed in the manner specified by ORS 45.275 and 45.285 for
the parties to the proceeding, any person granted rights of
limited participation, and any parent or guardian of the child
without regard to whether the parent or guardian is a party to
the proceeding. + }
SECTION 3. { + The amendments to ORS 419B.115 and 419C.285 by
sections 1 and 2 of this 2001 Act apply only to proceedings in
juvenile court commenced on or after July 1, 2001. + }
SECTION 4. { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect on July 1,
2001. + }
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