Chapter 205 Oregon Laws 2003

AN ACT

HB 2272

Relating to summons in juvenile dependency proceedings; creating new provisions; amending ORS 419B.812, 419B.815, 419B.818, 419B.824, 419B.836 and 419B.839; repealing ORS 419B.917; and declaring an emergency.

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

SECTION 1. ORS 419B.812 is amended to read:

419B.812. (1) As used in this section and ORS 419B.815 and 419B.824 and section 3 of this 2003 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 ORS 419B.809, the petitioner, the petitioner’s attorney, the juvenile department, the district attorney, the Attorney General or the Department of Human Services 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.]

(2) A summons under ORS 419B.815 or section 3 of this 2003 Act must be titled “In the matter of ___, a child” and must contain the name of the person to be served and the address at which the summons and petition may be served.

(3) The summons must be issued no later than 30 days after the filing of a petition alleging jurisdiction under ORS 419B.100, a petition to establish a permanent guardianship under ORS 419B.365 or a petition seeking termination of parental rights under ORS 419B.500, 419B.502, 419B.504, 419B.506 or 419B.508.

(4) The petitioner, the petitioner’s attorney, the juvenile department, the district attorney, the Attorney General or the Department of Human Services may issue a summons.

(5) The summons must be signed by the:

(a) Petitioner;

(b) Petitioner’s attorney;

(c) Juvenile department;

(d) District attorney;

(e) Attorney General; or

(f) Department of Human Services.

(6) The summons must be served with a true copy of the petition.

[(3)] (7) [A] The summons and petition 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)] (8) [A] The summons and petition may be transmitted by telegraph or facsimile as provided in ORS 419B.848 (3).

(9) The court shall fix the date and time for the hearing on a petition at a reasonable time after service or, if service is by publication, final publication of the summons. The time may not be less than 24 hours after service or, if service is by publication, final publication in a proceeding to establish jurisdiction under ORS 419B.100 and may not be less than 10 days after service or, if service is by publication, final publication in a proceeding to establish permanent guardianship or terminate parental rights.

SECTION 2. Section 3 of this 2003 Act is added to and made a part of ORS 419B.812 to 419B.839.

SECTION 3. (1) A court may make an order establishing permanent guardianship under ORS 419B.365 or terminating parental rights under ORS 419B.500, 419B.502, 419B.504, 419B.506 or 419B.508 only after service of summons and a true copy of the petition on the parent, as provided in ORS 419B.812, 419B.821, 419B.824, 419B.827, 419B.830 and 419B.833.

(2) A summons under this section must require one of the following:

(a) That the parent appear personally before the court at the time and place specified in the summons for a hearing on the allegations of the petition;

(b) That the parent appear personally before the court at the time and place specified in the summons to admit or deny the allegations of the petition; or

(c) That the parent file a written answer to the petition within 30 days from the date on which the parent is served with the summons.

(3) If the court does not direct the type of response to be required by the summons under subsection (2) of this section, the summons shall require the parent to respond in the manner authorized by subsection (2)(c) of this section.

(4) A summons under this section must contain:

(a) A statement that the rights of the parent are proposed to be terminated or, if the petition seeks to establish a permanent guardianship, that a permanent guardianship is proposed to be established.

(b) A statement that, if the parent fails to appear at the time and place specified in the summons or in an order under section 5 of this 2003 Act or, if the summons requires the filing of a written answer, fails to file the answer within the time provided, the court may, without further notice and in the parent’s absence, terminate the parent’s rights or grant the guardianship petition, either on the date specified in the summons or order or on a future date, and may take any other action that is authorized by law.

(c) A notice that the parent has the right to be represented by an attorney. The notice must be in substantially the following form:

____________________________________________________________________________

You have a right to be represented by an attorney. If you wish to be represented by an attorney, please retain one as soon as possible to represent you in this proceeding. If you cannot afford to hire an attorney and you meet the state’s financial guidelines, you are entitled to have an attorney appointed for you at state expense. To request appointment of an attorney to represent you at state expense, you must contact the juvenile court immediately. Phone _____ for further information.

____________________________________________________________________________

(d) A statement that the parent has the responsibility to maintain contact with the parent’s attorney and to keep the attorney advised of the parent’s whereabouts.

(5) If the summons requires the parent to appear before the court to admit or deny the allegations of the petition or requires the parent to file a written answer to the petition, the summons must advise the parent that, if the parent contests the petition, the court:

(a) Will schedule a hearing on the allegations of the petition and order the parent to appear personally; and

(b) May schedule other hearings related to the petition and order the parent to appear personally.

(6) At a hearing, when the parent is required to appear personally, or in the parent’s written answer to the petition, the parent shall inform the court and the petitioner of the parent’s current residence address, mailing address and telephone number.

(7) If a parent fails to appear for any hearing related to the petition, or fails to file a written answer, as directed by summons or court order under this section or section 5 of this 2003 Act, the court, without further notice and in the parent’s absence, may:

(a) Terminate the parent’s rights or, if the petition seeks to establish a permanent guardianship, grant the guardianship petition either on the date specified in the summons or order or on a future date; and

(b) Take any other action that is authorized by law.

SECTION 4. Section 5 of this 2003 Act is added to and made a part of ORS chapter 419B.

SECTION 5. If the parent appears in the manner provided in section 3 (2)(b) or (c) of this 2003 Act and the parent contests the petition, the court, by written order provided to the parent in person or mailed to the parent at the address provided by the parent or by oral order made on the record, shall:

(1) Inform the parent of the time, place and purpose of the next hearing or hearings related to the petition;

(2) Require the parent to appear personally at the next hearing or hearings related to the petition; and

(3) Inform the parent that, if the parent fails to appear as ordered for any hearing related to the petition, the court, without further notice and in the parent’s absence, may:

(a) Terminate the parent’s rights or, if the petition seeks to establish a permanent guardianship, grant the guardianship petition either on the date specified in the order or on a future date; and

(b) Take any other action that is authorized by law.

SECTION 6. Section 7 of this 2003 Act is added to and made a part of ORS 419B.812 to 419B.839.

SECTION 7. The summons for appearance in a proceeding to establish permanent guardianship under ORS 419B.365 or to terminate parental rights under ORS 419B.500, 419B.502, 419B.504, 419B.506 or 419B.508 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. for a hearing on the allegations of the petition and at any subsequent court-ordered hearing.

__To appear before this Court at __________ (address), Courtroom #___, __________, Oregon, on: the ___ day of___, 2__, at __ o’clock_.m. to admit or deny the allegations of the petition and at any subsequent court-ordered hearing.

__To file a written answer to the petition no later than 30 days after the date you were served with this summons and to appear at any court-ordered hearing.

NOTICE:

READ THESE PAPERS CAREFULLY!!

A petition has been filed to:

__Establish a permanent guardianship under ORS 419B.365.

__Terminate your parental rights under ORS 419B.500, 419B.502, 419B.504, 419B.506 or 419B.508.

A copy of the petition is attached.

If you do not appear or file a written answer as directed above, or do not appear at any subsequent court-ordered hearing, the Court may proceed without further notice and (establish a permanent guardianship) (terminate your parental rights) either on the date specified in this summons or on a future date, and make such orders and take such action as authorized by law.

RIGHTS AND OBLIGATIONS

If this summons requires you to appear before the court to admit or deny the allegations of the petition or requires you to file a written answer to the petition and you contest the petition, the court will schedule a hearing on the allegations of the petition and order you to appear personally and may schedule other hearings related to the petition and order you to appear personally.

By: (Name and Title)

Date Issued: ________

______________________________________________________________________________

SECTION 8. ORS 419B.818 is amended to read:

419B.818. The summons for appearance in a proceeding to establish jurisdiction under ORS 419B.100 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. for a hearing on the allegations of the petition and at any subsequent court-ordered hearing.

___To appear before this Court at __________ (address), Courtroom #___, __________, Oregon, on the ___ day of___, 2__, at __ o’clock_.m. to admit or deny the allegations of the petition and at any subsequent court-ordered hearing.

___To file a written answer to the petition no later than 30 days after the date you were served with this summons and to appear at any court-ordered hearing.

NOTICE:

READ THESE PAPERS CAREFULLY!!

A petition has been filed[,] to establish jurisdiction under ORS 419B.100. A copy of [which] the petition 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. Unless directed otherwise above, the admission or denial may be made orally at the hearing or filed with the court in writing.

If [the petition seeks to establish jurisdiction over the above-named child(ren), and] you do not appear or file a written answer as directed above, or do not appear at any subsequent court-ordered hearing, the Court may [immediately] proceed without further notice and take jurisdiction of the child(ren) either on the date specified in this summons or on a future date, 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) and, if the petition alleges that the child(ren) has (have) been physically or sexually abused, restraining you from having contact with, or attempting to contact, the child(ren) and requiring you to move from the household in which the child(ren) resides (reside).

[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] as soon as possible to represent you in this proceeding. If you are the child or the parent or legal guardian of the child and you cannot afford to hire an attorney and you meet the state’s financial guidelines, you [will be] are 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 appointment of an attorney to represent you at state expense, you must contact the juvenile court immediately. 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 and to keep your attorney advised of your whereabouts.

If you are a parent or [legal guardian] other person legally obligated to support the child(ren), you have the obligation to support [your] the 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 (are) in state financed or state supported custody. You may be required to provide health insurance coverage for [your] the child(ren) while the child(ren) is (are) 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 Department of Human Services to apply to the costs of the child(ren)’s care.

By: (Name and Title)

Date Issued: ________

______________________________________________________________________________

SECTION 9. ORS 419B.839 is amended to read:

419B.839. (1) Summons in proceedings to establish jurisdiction under ORS 419B.100 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[.];

(d) The person who has physical custody of the child, if the child is not in the physical custody of a parent; and

[(2)] (e) The child, if the child is 12 years of age or older[, summons must be issued to be served on the child].

[(3)] (2) [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)] (3) Summons may be issued requiring the appearance of any person whose presence the court deems necessary.

SECTION 10. ORS 419B.815 is amended to read:

419B.815. (1) A court may make an order establishing jurisdiction under ORS 419B.100 only after service of summons and a true copy of the petition as provided in ORS 419B.812, 419B.821, 419B.824, 419B.827, 419B.830, 419B.833 and 419B.839.

(2) A summons under this section must require one of the following:

(a) That the person appear personally before the court at the time and place specified in the summons for a hearing on the allegations of the petition and, if the person has physical custody of the child, bring the child before the court as directed in the summons;

(b) That the person appear personally before the court at the time and place specified in the summons to admit or deny the allegations of the petition and, if the person has physical custody of the child, bring the child before the court as directed in the summons; or

(c) That the person file a written answer to the petition within 30 days from the date on which the person is served with the summons.

(3) If the court does not direct the type of response to be required by the summons under subsection (2) of this section, the summons shall require the person being summoned to respond in the manner authorized by subsection (2)(c) of this section.

[(1)] (4) A summons under [ORS 419B.812 shall be entitled “In the matter of___, a child” and] this section 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.]

(a) A statement that the petition seeks to establish jurisdiction under ORS 419B.100 and that, if the person fails to appear at the time and place specified in the summons or an order under section 10b of this 2003 Act or, if the summons requires the filing of a written answer, fails to file the answer within the time provided, the court may establish jurisdiction without further notice either on the date specified in the summons or order or on a future date, and may take any other action that is authorized by law including, but not limited to, making the child a ward of the court and removing the child from the legal and physical custody of the parent or other person having legal or physical custody of the child.

(b) A notice that the person has the right to be represented by an attorney. The notice must be in substantially the following form:

____________________________________________________________________________

You have a right to be represented by an attorney. If you wish to be represented by an attorney, please retain one as soon as possible to represent you in this proceeding. If you are the child or the parent or legal guardian of the child and you cannot afford to hire an attorney and you meet the state’s financial guidelines, you are entitled to have an attorney appointed for you at state expense. To request appointment of an attorney to represent you at state expense, you must contact the juvenile court immediately. Phone _____ for further information.

____________________________________________________________________________

(c) A statement that the person has the responsibility to maintain contact with the person’s attorney and to keep the attorney advised of the person’s whereabouts.

[(f)] (d) [A notice] A statement that no later than 30 days after the petition is filed each [person] party about whom allegations have been made [shall] must admit or deny the allegations[.] and that, unless the court specifies otherwise, the admission or denial may be made orally at the hearing or filed with the court in writing.

[(g)] (e) A statement that 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 restraining the alleged perpetrator of the abuse from having contact with the child or attempting to contact the child and requiring the alleged perpetrator [of the abuse] to move from the household in which the child resides.

[(h)] (f) [A notice] A statement 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.

(5) If the summons requires the person to appear before the court to admit or deny the allegations of the petition or requires the person to file a written answer to the petition, the summons must advise the person that, if the person contests the petition, the court:

(a) Will schedule a hearing on the allegations of the petition and order the person to appear personally; and

(b) May schedule other hearings related to the petition and order the person to appear personally.

(6) At a hearing, when the person is required to appear personally, or in the person’s written answer to the petition, the person shall inform the court and the petitioner of the person’s current residence address, mailing address and telephone number.

(7) If a person fails to appear for any hearing related to the petition, or fails to file a written answer, as directed by summons or court order under this section or section 10b of this 2003 Act, the court may establish jurisdiction without further notice, either on the date specified in the summons or order or on a future date, and may take any other action that is authorized by law including, but not limited to, making the child a ward of the court and removing the child from the legal and physical custody of the parent or other person having legal or physical custody of the child.

[(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 Department of Human Services and must be served with a true copy of the petition.]

SECTION 10a. Section 10b of this 2003 Act is added to and made a part of ORS 419B.812 to 419B.839.

SECTION 10b. If the person appears in the manner provided in ORS 419B.815 (2)(b) or (c) and the person contests the petition, the court, by written order provided to the person in person or mailed to the person at the address provided by the person, or by oral order made on the record, shall:

(1) Inform the person of the time, place and purpose of the next hearing or hearings related to the petition;

(2) Require the person to appear personally at the next hearing or hearings related to the petition; and

(3) Inform the person that, if the person fails to appear as ordered for any hearing related to the petition, the court may establish jurisdiction without further notice, either on the date specified in the summons or order or on a future date, and may take any other action that is authorized by law including, but not limited to, making the child a ward of the court and removing the child from the legal and physical custody of the parent or other person having legal or physical custody of the child.

SECTION 11. ORS 419B.815, as amended by section 54, chapter 962, Oregon Laws 2001, is amended to read:

(2) A summons under this section must require one of the following:

(a) That the person appear personally before the court at the time and place specified in the summons for a hearing on the allegations of the petition;

(b) That the person appear personally before the court at the time and place specified in the summons to admit or deny the allegations of the petition; or

(c) That the person file a written answer to the petition within 30 days from the date on which the person is served with the summons.

[(1)] (4) A summons under [ORS 419B.812 shall be entitled “In the matter of___, a child” and] this section 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.]

[(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.]

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

(b) A notice that the person has the right to be represented by an attorney. The notice must be in substantially the following form:

____________________________________________________________________________

(c) A statement that the person has the responsibility to maintain contact with the person’s attorney and to keep the attorney advised of the person’s whereabouts.

(a) Will schedule a hearing on the allegations of the petition and order the person to appear personally; and

(b) May schedule other hearings related to the petition and order the person to appear personally.

SECTION 12. ORS 419B.917 is repealed and section 13 of this 2003 Act is enacted in lieu thereof.

SECTION 13. (1) Notwithstanding ORS 419B.815 and sections 3 and 5 of this 2003 Act, on timely motion of a person showing good cause, a court may permit the person, instead of appearing personally, to participate in any hearing related to a petition alleging jurisdiction under ORS 419B.100, a petition to establish a permanent guardianship under ORS 419B.365 or a petition seeking termination of parental rights under ORS 419B.500, 419B.502, 419B.504, 419B.506 or 419B.508 in any manner that complies with the requirements of due process including, but not limited to, telephonic or other electronic means.

(2) If a person who is summoned or ordered to appear under ORS 419B.815 or section 3, 5 or 10b of this 2003 Act seeks to reschedule any hearing at which the person is required to appear, the person must:

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

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

SECTION 14. ORS 419B.824 is amended to read:

419B.824. (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 ORS 419B.812 to 419B.839 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

(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 ORS 419B.815 or section 3 of this 2003 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 15. ORS 419B.836 is amended to read:

419B.836. Failure to comply with provisions of ORS 419B.812, 419B.815, 419B.818 and 419B.839 and sections 3 and 7 of this 2003 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 ORS 419B.812 to 419B.839, 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 16. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.

Approved by the Governor June 4, 2003

Filed in the office of Secretary of State June 5, 2003

Effective date June 4, 2003

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