Chapter 348 Oregon Laws 2003

AN ACT

SB 104

Relating to appeals in juvenile cases; amending ORS 419A.205; and declaring an emergency.

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

SECTION 1. ORS 419A.205 is amended to read:

419A.205. (1) For the purpose of being appealed, the following are judgments:

(a) A judgment finding a child or youth to be within the jurisdiction of the court;

(b) A judgment disposing of a petition including, but not limited to, a disposition under ORS 419B.325 or 419C.411;

(c) Any final disposition of a petition; and

(d) A final order adversely affecting the rights or duties of a party and made in a proceeding after judgment including, but not limited to, a final order under ORS 419B.449 or 419B.476.

(2) An appeal from a judgment finding a child or youth to be within the jurisdiction of the court does not deprive the juvenile court of jurisdiction to proceed with a disposition of the matter.

(3) If an appeal is taken from a judgment finding a child or youth to be within the jurisdiction of the court before the juvenile court enters a judgment disposing of the matter under ORS 419B.325 or 419C.411, any necessary modification of the appeal must be made according to the rules of the appellate court.

(4) When an appeal is taken from a judgment finding a child or youth to be within the jurisdiction of the court, if the appellate court:

(a) Reverses the judgment, the judgment disposing of the matter is reversed; or

(b) Modifies the judgment, a party may move for relief as otherwise provided by law.

SECTION 2. 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 July 1, 2003.

Approved by the Governor June 13, 2003

Filed in the office of Secretary of State June 13, 2003

Effective date July 1, 2003

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