72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 1331
 
                           A-Engrossed
 
                         House Bill 2091
                  Ordered by the House March 25
            Including House Amendments dated March 25
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Joint Interim Committee on
  Judiciary)
 
 
                             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.
 
  Conforms Oregon law to Vienna Convention on Consular Relations.
Requires notice to consulate of foreign national who is subject
of certain juvenile proceedings.
 
                        A BILL FOR AN ACT
Relating to Vienna Convention on Consular Relations; amending ORS
  109.119, 125.060, 419A.255 and 419B.851.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 109.119 is amended to read:
  109.119. (1) Any person, including but not limited to a related
or nonrelated foster parent, stepparent, grandparent or relative
by blood or marriage, who has established emotional ties creating
a child-parent relationship or an ongoing personal relationship
with a child may petition or file a motion for intervention with
the court having jurisdiction over the custody, placement,
guardianship or wardship of that child, or if no such proceedings
are pending, may petition the court for the county in which the
child resides, for an order providing for relief under subsection
(3) of this section.
  (2)(a) In any proceeding under this section, there is a
presumption that the legal parent acts in the best interest of
the child.
  (b) In an order granting relief under this section, the court
shall include findings of fact supporting the rebuttal of the
presumption described in paragraph (a) of this subsection.
  (c) The presumption described in paragraph (a) of this
subsection does not apply in a proceeding to modify an order
granting relief under this section.
  (3)(a) If the court determines that a child-parent relationship
exists and if the court determines that the presumption described
in subsection (2)(a) of this section has been rebutted by a
preponderance of the evidence, the court shall grant custody,
guardianship, right of visitation or other right to the person
having the child-parent relationship, if to do so is in the best
interest of the child. The court may determine temporary custody
 
of the child or temporary visitation rights under this paragraph
pending a final order.
  (b) If the court determines that an ongoing personal
relationship exists and if the court determines that the
presumption described in subsection (2)(a) of this section has
been rebutted by clear and convincing evidence, the court shall
grant visitation or contact rights to the person having the
ongoing personal relationship, if to do so is in the best
interest of the child. The court may order temporary visitation
or contact rights under this paragraph pending a final order.
  (4)(a) In deciding whether the presumption described in
subsection (2)(a) of this section has been rebutted and whether
to award visitation or contact rights over the objection of the
legal parent, the court may consider factors including, but not
limited to, the following, which may be shown by the evidence:
  (A) The petitioner or intervenor is or recently has been the
child's primary caretaker;
  (B) Circumstances detrimental to the child exist if relief is
denied;
  (C) The legal parent has fostered, encouraged or consented to
the relationship between the child and the petitioner or
intervenor;
  (D) Granting relief would not substantially interfere with the
custodial relationship; or
  (E) The legal parent has unreasonably denied or limited contact
between the child and the petitioner or intervenor.
  (b) In deciding whether the presumption described in subsection
(2)(a) of this section has been rebutted and whether to award
custody, guardianship or other rights over the objection of the
legal parent, the court may consider factors including, but not
limited to, the following, which may be shown by the evidence:
  (A) The legal parent is unwilling or unable to care adequately
for the child;
  (B) The petitioner or intervenor is or recently has been the
child's primary caretaker;
  (C) Circumstances detrimental to the child exist if relief is
denied;
  (D) The legal parent has fostered, encouraged or consented to
the relationship between the child and the petitioner or
intervenor; or
  (E) The legal parent has unreasonably denied or limited contact
between the child and the petitioner or intervenor.
  (5) In addition to the other rights granted under this section,
a stepparent with a child-parent relationship who is a party in a
dissolution proceeding may petition the court having jurisdiction
for custody or visitation under this section or may petition the
court for the county in which the child resides for adoption of
the child. The stepparent may also file for post decree
modification of a decree relating to child custody.
  (6)(a) A motion for intervention filed under this section shall
comply with ORCP 33 and state the grounds for relief under this
section.
  (b)(A) A motion for intervention filed under ORS 419B.875 by a
person other than a grandparent may be denied or a petition may
be dismissed on the motion of any party or on the court's own
motion if the petition does not state a prima facie case of
emotional ties creating a child-parent relationship or ongoing
personal relationship or does not allege facts that the
intervention is in the best interest of the child.
  (B) A motion for intervention filed under ORS 419B.875 by a
grandparent may be granted upon a finding by clear and convincing
evidence that the intervention is in the best interests of the
child.
  (c) Costs for the representation of an intervenor under this
section or ORS 419B.875 may not be charged against funds
appropriated for indigent defense services.
  (7) In a proceeding under this section, the court may:
  (a) Cause an investigation, examination or evaluation to be
made under ORS 107.425 or may appoint an individual or a panel or
may designate a program to assist the court in creating parenting
plans or resolving disputes regarding parenting time and to
assist the parties in creating and implementing parenting plans
under ORS 107.425 (3).
  (b) Assess against a party reasonable attorney fees and costs
for the benefit of another party.
   { +  (8) When a petition or motion to intervene is filed under
this section seeking guardianship or custody of a child who is a
foreign national, the petitioner or intervenor shall serve a copy
of the petition or motion on the consulate for the child's
country. + }
    { - (8) - }  { +  (9) + } As used in this section:
  (a) 'Child-parent relationship' means a relationship that
exists or did exist, in whole or in part, within the six months
preceding the filing of an action under this section, and in
which relationship a person having physical custody of a child or
residing in the same household as the child supplied, or
otherwise made available to the child, food, clothing, shelter
and incidental necessaries and provided the child with necessary
care, education and discipline, and which relationship continued
on a day-to-day basis, through interaction, companionship,
interplay and mutuality, that fulfilled the child's psychological
needs for a parent as well as the child's physical needs.
However, a relationship between a child and a person who is the
nonrelated foster parent of the child is not a child-parent
relationship under this section unless the relationship continued
over a period exceeding 12 months.
  (b) 'Circumstances detrimental to the child' includes but is
not limited to circumstances that may cause psychological,
emotional or physical harm to a child.
  (c) 'Grandparent' means the legal parent of the child's legal
parent.
  (d) 'Legal parent' means a parent as defined in ORS 419A.004
whose rights have not been terminated under ORS 419B.500 to
419B.524.
  (e) 'Ongoing personal relationship' means a relationship with
substantial continuity for at least one year, through
interaction, companionship, interplay and mutuality.
  SECTION 2. ORS 109.119, as amended by section 1e, chapter 873,
Oregon Laws 2001, is amended to read:
  109.119. (1) Any person, including but not limited to a related
or nonrelated foster parent, stepparent, grandparent or relative
by blood or marriage, who has established emotional ties creating
a child-parent relationship or an ongoing personal relationship
with a child may petition or file a motion for intervention with
the court having jurisdiction over the custody, placement,
guardianship or wardship of that child, or if no such proceedings
are pending, may petition the court for the county in which the
child resides, for an order providing for relief under subsection
(3) of this section.
  (2)(a) In any proceeding under this section, there is a
presumption that the legal parent acts in the best interest of
the child.
  (b) In an order granting relief under this section, the court
shall include findings of fact supporting the rebuttal of the
presumption described in paragraph (a) of this subsection.
  (c) The presumption described in paragraph (a) of this
subsection does not apply in a proceeding to modify an order
granting relief under this section.
  (3)(a) If the court determines that a child-parent relationship
exists and if the court determines that the presumption described
in subsection (2)(a) of this section has been rebutted by a
preponderance of the evidence, the court shall grant custody,
guardianship, right of visitation or other right to the person
having the child-parent relationship, if to do so is in the best
interest of the child. The court may determine temporary custody
of the child or temporary visitation rights under this paragraph
pending a final order.
  (b) If the court determines that an ongoing personal
relationship exists and if the court determines that the
presumption described in subsection (2)(a) of this section has
been rebutted by clear and convincing evidence, the court shall
grant visitation or contact rights to the person having the
ongoing personal relationship, if to do so is in the best
interest of the child. The court may order temporary visitation
or contact rights under this paragraph pending a final order.
  (4)(a) In deciding whether the presumption described in
subsection (2)(a) of this section has been rebutted and whether
to award visitation or contact rights over the objection of the
legal parent, the court may consider factors including, but not
limited to, the following, which may be shown by the evidence:
  (A) The petitioner or intervenor is or recently has been the
child's primary caretaker;
  (B) Circumstances detrimental to the child exist if relief is
denied;
  (C) The legal parent has fostered, encouraged or consented to
the relationship between the child and the petitioner or
intervenor;
  (D) Granting relief would not substantially interfere with the
custodial relationship; or
  (E) The legal parent has unreasonably denied or limited contact
between the child and the petitioner or intervenor.
  (b) In deciding whether the presumption described in subsection
(2)(a) of this section has been rebutted and whether to award
custody, guardianship or other rights over the objection of the
legal parent, the court may consider factors including, but not
limited to, the following, which may be shown by the evidence:
  (A) The legal parent is unwilling or unable to care adequately
for the child;
  (B) The petitioner or intervenor is or recently has been the
child's primary caretaker;
  (C) Circumstances detrimental to the child exist if relief is
denied;
  (D) The legal parent has fostered, encouraged or consented to
the relationship between the child and the petitioner or
intervenor; or
  (E) The legal parent has unreasonably denied or limited contact
between the child and the petitioner or intervenor.
  (5) In addition to the other rights granted under this section,
a stepparent with a child-parent relationship who is a party in a
dissolution proceeding may petition the court having jurisdiction
for custody or visitation under this section or may petition the
court for the county in which the child resides for adoption of
the child. The stepparent may also file for post decree
modification of a decree relating to child custody.
  (6)(a) A motion for intervention filed under this section shall
comply with ORCP 33 and state the grounds for relief under this
section.
  (b)(A) A motion for intervention filed under ORS 419B.875 by a
person other than a grandparent may be denied or a petition may
be dismissed on the motion of any party or on the court's own
motion if the petition does not state a prima facie case of
emotional ties creating a child-parent relationship or ongoing
personal relationship or does not allege facts that the
intervention is in the best interest of the child.
  (B) A motion for intervention filed under ORS 419B.875 by a
grandparent may be granted upon a finding by clear and convincing
evidence that the intervention is in the best interests of the
child.
  (c) Costs for the representation of an intervenor under this
section or ORS 419B.875 may not be charged against funds
appropriated for public defense services.
  (7) In a proceeding under this section, the court may:
  (a) Cause an investigation, examination or evaluation to be
made under ORS 107.425 or may appoint an individual or a panel or
may designate a program to assist the court in creating parenting
plans or resolving disputes regarding parenting time and to
assist the parties in creating and implementing parenting plans
under ORS 107.425 (3).
  (b) Assess against a party reasonable attorney fees and costs
for the benefit of another party.
   { +  (8) When a petition or motion to intervene is filed under
this section seeking guardianship or custody of a child who is a
foreign national, the petitioner or intervenor shall serve a copy
of the petition or motion on the consulate for the child's
country. + }
    { - (8) - }  { +  (9) + } As used in this section:
  (a) 'Child-parent relationship' means a relationship that
exists or did exist, in whole or in part, within the six months
preceding the filing of an action under this section, and in
which relationship a person having physical custody of a child or
residing in the same household as the child supplied, or
otherwise made available to the child, food, clothing, shelter
and incidental necessaries and provided the child with necessary
care, education and discipline, and which relationship continued
on a day-to-day basis, through interaction, companionship,
interplay and mutuality, that fulfilled the child's psychological
needs for a parent as well as the child's physical needs.
However, a relationship between a child and a person who is the
nonrelated foster parent of the child is not a child-parent
relationship under this section unless the relationship continued
over a period exceeding 12 months.
  (b) 'Circumstances detrimental to the child' includes but is
not limited to circumstances that may cause psychological,
emotional or physical harm to a child.
  (c) 'Grandparent' means the legal parent of the child's legal
parent.
  (d) 'Legal parent' means a parent as defined in ORS 419A.004
whose rights have not been terminated under ORS 419B.500 to
419B.524.
  (e) 'Ongoing personal relationship' means a relationship with
substantial continuity for at least one year, through
interaction, companionship, interplay and mutuality.
  SECTION 3. ORS 125.060 is amended to read:
  125.060. (1) The notices required by this section must be given
to all persons whose identities and addresses can be ascertained
in the exercise of reasonable diligence by the person required to
give the notice.
  (2) Notice of the filing of a petition for the appointment of a
fiduciary or entry of other protective order must be given by the
petitioner to the following persons:
  (a) The respondent, if the respondent has attained 14 years of
age.
  (b) The spouse, parents and adult children of the respondent.
  (c) If the respondent does not have a spouse, parent or adult
child, the person or persons most closely related to the
respondent.
  (d) Any person who is cohabiting with the respondent and who is
interested in the affairs or welfare of the respondent.
  (e) Any person who has been nominated as fiduciary or appointed
to act as fiduciary for the respondent by a court of any state,
any trustee for a trust established by or for the respondent, any
person appointed as a health care representative under the
provisions of ORS 127.505 to 127.660 and any person acting as
attorney-in-fact for the respondent under a power of attorney.
  (f) If the respondent is a minor, the person who has exercised
principal responsibility for the care and custody of the
respondent during the 60-day period before the filing of the
petition.
  (g) If the respondent is a minor and has no living parents, any
person nominated to act as fiduciary for the minor in a will or
other written instrument prepared by a parent of the minor.
  (h) If the respondent is receiving moneys paid or payable by
the United States through the Department of Veterans Affairs, a
representative of the United States Department of Veterans
Affairs regional office that has responsibility for the payments
to the protected person.
  (i) If the respondent is receiving moneys paid or payable for
public assistance provided under ORS chapter 411, 412, 413 or 414
by the State of Oregon through the Department of Human Services,
a representative of the department.
  (j) If the respondent is committed to the legal and physical
custody of the Department of Corrections, the Attorney General
and the superintendent or other officer in charge of the facility
in which the respondent is confined.
   { +  (k) If the respondent is a foreign national, to the
consulate for the respondent's country. + }
    { - (k) - }  { +  (L) + } Any other person that the court
requires.
  (3) Notice of a motion for the termination of the protective
proceedings, for removal of a fiduciary, for modification of the
powers or authority of a fiduciary, for approval of a fiduciary's
actions or for protective orders in addition to those sought in
the petition must be given by the person making the motion to the
following persons:
  (a) The protected person, if the protected person has attained
14 years of age.
  (b) Any person who has filed a request for notice in the
proceedings.
  (c) Except for a fiduciary who is making a motion, to any
fiduciary who has been appointed for the protected person.
  (d) If the protected person is receiving moneys paid or payable
by the United States through the Department of Veterans Affairs,
a representative of the United States Department of Veterans
Affairs regional office that has responsibility for the payments
to the protected person.
  (e) If the   { - respondent - }  { +  protected person + } is
committed to the legal and physical custody of the Department of
Corrections, the Attorney General and the superintendent or other
officer in charge of the facility in which the
 { - respondent - }   { + protected person + } is confined.
  (f) Any other person that the court requires.
  (4) A request for notice under subsection (3)(b) of this
section must be in writing and include the name, address and
phone number of the person requesting notice. A copy of the
request must be mailed by the person making the request to the
petitioner or to the fiduciary if a fiduciary has been appointed.
The original request must be filed with the court. The person
filing the request must pay the fee specified by ORS 21.310 (5).
  (5) A person who files a request for notice in the proceedings
in the manner provided by subsection (4) of this section is
entitled to receive notice from the fiduciary of any motion
specified in subsection (3) of this section and of any other
matter to which a person listed in subsection (2) of this section
is entitled to receive notice under a specific provision of this
chapter.
  (6) If the Department of Human Services is nominated as
guardian for the purpose of consenting to the adoption of a
minor, the notice provided for in this section must also be given
to the minor's brothers, sisters, aunts, uncles and grandparents.
 
  (7) In addition to the requirements of subsection (2) of this
section, notice of the filing of a petition for the appointment
of a guardian for a person who is alleged to be incapacitated
must be given by the petitioner to the following persons:
  (a) Any attorney who is representing the respondent in any
capacity.
  (b) If the respondent is a resident of a nursing home or
residential facility, or if the person nominated to act as
fiduciary intends to place the respondent in a nursing home or
residential facility, the office of the Long Term Care Ombudsman.
  (c) If the respondent is a resident of a mental health
treatment facility or a residential facility for individuals with
developmental disabilities, or if the person nominated to act as
fiduciary intends to place the respondent in such a facility, the
system designated to protect and advocate the rights of
individuals with developmental disabilities as described in ORS
192.517 (1).
  (8) In addition to the requirements of subsection (3) of this
section, in a protective proceeding in which a guardian has been
appointed, notice of the motions specified in subsection (3) of
this section must be given by the person making the motion to the
following persons:
  (a) Any attorney who represented the protected person at any
time during the protective proceeding.
  (b) If the protected person is a resident of a nursing home or
residential facility, or if the motion seeks authority to place
the protected person in a nursing home or residential facility,
the office of the Long Term Care Ombudsman.
  (c) If the protected person is a resident of a mental health
treatment facility or a residential facility for individuals with
developmental disabilities, or if the motion seeks authority to
place the protected person in such a facility, the system
designated to protect and advocate the rights of individuals with
developmental disabilities as described in ORS 192.517 (1).
  (9) A respondent or protected person may not waive the notice
required under this section.
  (10) The requirement that notice be served on an attorney for a
respondent or protected person under subsection (7)(a) or (8)(a)
of this section does not impose any responsibility on the
attorney receiving the notice to represent the respondent or
protected person in the protective proceeding.
  SECTION 4. ORS 419A.255 is amended to read:
  419A.255. (1) The clerk of the court shall keep a record of
each case, including therein the summons and other process, the
petition and all other papers in the nature of pleadings,
motions, orders of the court and other papers filed with the
court, but excluding reports and other material relating to the
child's or youth's history and prognosis. The record of the case
shall be withheld from public inspection but shall be open to
inspection by the child or youth, parent, guardian, court
appointed special advocate, surrogate or a person allowed to
intervene in a proceeding involving the child or youth under ORS
109.119 (1), and their attorneys. The attorneys are entitled to
copies of the record of the case.
  (2) Reports and other material relating to the child's or
youth's history and prognosis are privileged and, except at the
request of the child or youth, shall not be disclosed directly or
indirectly to anyone other than the judge of the juvenile court,
those acting under the judge's direction, service providers in
the case and the attorneys of record for the child or youth or
the child's or youth's parent, guardian, court appointed special
advocate, surrogate or person allowed to intervene in a
proceeding involving the child or youth under ORS 109.119 (1).
Reports and other material relating to a youth offender's history
and prognosis in cases under ORS 419C.005 may be disclosed to the
superintendent of the school district in which the youth offender
resides. The service providers in the case, school
superintendents and attorneys are entitled to examine and obtain
copies of any reports or other material relating to the child's
or youth's history and prognosis. Any service provider in the
case, school superintendent or attorney who examines or obtains
copies of such reports or materials is responsible for preserving
their confidentiality. A service provider or school
superintendent who obtains copies of such reports or materials
shall return the copies to the court upon the conclusion of the
service provider's or superintendent's involvement in the case.
  (3) Except as otherwise provided in subsection (7) of this
section, no information appearing in the record of the case or in
reports or other material relating to the child's or youth's
history or prognosis may be disclosed to any person not described
in subsection (2) of this section without the consent of the
court, except for purposes of evaluating the child's or youth's
eligibility for special education as provided in ORS chapter 343,
and no such information may be used in evidence in any proceeding
to establish criminal or civil liability against the child or
youth, whether such proceeding occurs after the child or youth
has reached 18 years of age or otherwise, except for the
following purposes:
  (a) In connection with a presentence investigation after the
guilt of the youth has been admitted or established in a criminal
court.
  (b) In connection with a proceeding in another juvenile court
concerning the child or youth or an appeal from the juvenile
court.
  (4) If the court finds that the child or youth or parent is
without financial means to purchase all or a necessary part of
the transcript of the evidence or proceedings, the court shall
order upon motion the transcript or part thereof to be furnished.
The transcript or part thereof furnished under this subsection
shall be paid for in the same manner as furnished transcripts are
paid for in criminal cases.
  (5) Notwithstanding any other provision of law, the following
are not confidential and not exempt from disclosure:
  (a) The name and date of birth of the youth;
  (b) The basis for the juvenile court's jurisdiction over the
youth;
  (c) The date, time and place of any juvenile court proceeding
in which the youth is involved;
  (d) The act alleged in the petition that if committed by an
adult would constitute a crime if jurisdiction is based on ORS
419C.005;
  (e) That portion of the juvenile court order providing for the
legal disposition of the youth when jurisdiction is based on ORS
419C.005;
  (f) The names and addresses of the youth's parents or
guardians; and
  (g) The register described in ORS 7.020 when jurisdiction is
based on ORS 419C.005.
  (6) Notwithstanding any other provision of law, when a youth
has been taken into custody under ORS 419C.080, the following
information shall be disclosed unless, and only for so long as,
there is a clear need to delay disclosure in the course of a
specific investigation, including the need to protect the
complaining party or the victim:
  (a) The youth's name and age and whether the youth is employed
or in school;
  (b) The youth offense for which the youth was taken into
custody;
  (c) The name and age of the adult complaining party and the
adult victim, unless the disclosure of such information is
otherwise prohibited or restricted;
  (d) The identity of the investigating and arresting agency; and
  (e) The time and place that the youth was taken into custody
and whether there was resistance, pursuit or a weapon used in
taking the youth into custody.
  (7)(a) Information contained in reports and other materials
relating to a child's or youth's history and prognosis that, in
the professional judgment of the juvenile counselor, caseworker,
school superintendent, teacher or detention worker to whom the
information for the reports or other materials has been provided,
indicates a clear and immediate danger to another person or to
society shall be disclosed to the appropriate authority and the
person or entity who is in danger from the child or youth.
  (b) An agency or a person who discloses information under
paragraph (a) of this subsection shall have immunity from any
liability, civil or criminal, that might otherwise be incurred or
imposed for making the disclosure.
  (c) Nothing in this subsection affects the provisions of ORS
146.750, 146.760, 419B.035, 419B.040 and 419B.045. The disclosure
of information under this section does not make the information
admissible in any court or administrative proceeding if it is not
otherwise admissible.
  (8) A county juvenile department is the agency responsible for
disclosing youth offender records and records relating to
nonadjudicated youths if the records are subject to disclosure.
 { +
  (9) A petition filed under ORS 419B.851 alleging that a child
who is a foreign national is within the jurisdiction of the
court, or a motion requesting an implementation plan other than
return of the child to the child's parent, is subject to
disclosure to the consulate for the child's country as provided
under ORS 419B.851 (3). + }
  SECTION 5. ORS 419B.851 is amended to read:
  419B.851. (1) Except as otherwise provided in ORS 419B.800 to
419B.929, every order, every petition and answer subsequent to
the original petition, every written motion other than one that
may be heard ex parte and every written request and similar paper
must be served upon each of the parties.
  (2)(a) Whenever under ORS 419B.800 to 419B.929 service is
required or permitted to be made upon a party, and that party is
represented by an attorney, the service must be made upon the
attorney unless otherwise ordered by the court. Service upon the
attorney or upon a party must be made by delivering a copy to the
attorney or party, by mailing it to the attorney's or party's
last known address or, if the party is represented by an
attorney, by facsimile communication device as provided in
subsection (5) of this section. As used in this paragraph,
'delivery of a copy ' means:
  (A) Handing it to the person to be served;
  (B) Leaving it at the person's office with the person's clerk
or a person apparently in charge of the office or, if there is no
one in charge, leaving it in a conspicuous place in the office;
or
  (C) If the office is closed or the person to be served has no
office, leaving it at the person's dwelling house or usual place
of abode with a person who is over 14 years of age and who
resides at the dwelling house or usual place of abode.
  (b) A party who has appeared without providing an appropriate
address for service may be served by placing a copy of the paper
required to be served in the court file. Service by mail is
complete upon mailing. Service of any notice or other paper to
bring a party into contempt may only be upon such party
personally.
   { +  (3) When a petition is filed under subsection (1) of this
section alleging that a child who is a foreign national is within
the jurisdiction of the court, or when a motion is filed
requesting implementation of a plan other than return of the
 
child to the child's parent, a copy of the petition or motion
shall be served on the consulate for the child's country. + }
    { - (3) - }  { +  (4) + } All papers required to be served
upon a party under subsection (1) of this section must be filed
with the court within a reasonable time after service. Except as
otherwise provided in ORS 419B.812 to 419B.839 and 419B.845,
proof of service of all papers required or permitted to be served
may be by written acknowledgment of service, by an affidavit of
the person making service or by a certificate of an attorney.
Proof of service may be made upon the papers served or as a
separate document attached to the papers. When service is made by
facsimile communication device, proof of service must be made by
an affidavit of the person making service or by a certificate of
an attorney. The printed confirmation of receipt of the message
generated by the facsimile machine must be attached to the
affidavit or certificate.
    { - (4) - }  { +  (5) + } The filing of any papers with the
court must be made by filing them with the clerk of the court or
the person exercising the duties of that office. The clerk or the
person exercising the duties of that office shall indorse the
time of day, day of the month, month and year upon the paper. The
clerk or person exercising the duties of that office is not
required to receive any paper for filing unless:
  (a) The contents of the paper are legible; and
  (b) All of the following are legibly indorsed on the front of
the paper:
  (A) The name of the court;
  (B) The title of the cause and the paper;
  (C) The names of the parties; and
  (D) If there is one, the name of the attorney for the parties
requesting filing.
    { - (5) - }  { +  (6) + } Whenever under ORS 419B.800 to
419B.929 service is required or permitted to be made upon a party
and that party is represented by an attorney, the service may be
made upon the attorney by means of a facsimile if the attorney
maintains such a device at the attorney's office and the device
is operating at the time service is made.
                         ----------