Chapter 230 Oregon Laws 2003

AN ACT

SB 71

Relating to juvenile dependency proceedings; amending ORS 419B.821 and 419B.824.

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

SECTION 1. ORS 419B.821 is amended to read:

419B.821. 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 ORS 419B.824, 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) Service by mail; or

[(4)] (5) Alternative service as ordered by the court under ORS 419B.824 [(4)] (5).

SECTION 2. 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) Service by mail must be made by mailing a true copy of the summons and a true copy of the petition to the person to be served by first class mail and another true copy of the petition and another true copy of the summons by certified or registered mail, return receipt requested, or by express mail. Service by mail is not complete unless the person to be served signs a receipt for the mail. Service by mail is complete on the date that the person to be served signs a receipt for the mail.

[(4)(a)] (5)(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] served as provided in ORS 419B.821 (1) to (4), 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 first class mail and an additional copy by registered or certified mail,[with a] return receipt [to be signed by the addressee only] requested, to one or more addresses;

(B) By posting at specified locations; or

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

[(5)(a)] (6)(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, 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] subsection (4) of this section 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.

(7) For purposes of this section, “first class mail” does not include certified or registered mail or any other form of mail that may delay actual delivery of the mail to the addressee.

Approved by the Governor June 6, 2003

Filed in the office of Secretary of State June 9, 2003

Effective date January 1, 2004

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