72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
House Bill 2272
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Joint Interim Committee on
Judiciary for Oregon Law Commission)
CHAPTER ................
AN ACT
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.
Enrolled House Bill 2272 (HB 2272-B) Page 1
(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: + }
________________________________________________________________
Enrolled House Bill 2272 (HB 2272-B) Page 2
{ + 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
Enrolled House Bill 2272 (HB 2272-B) Page 3
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 + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
In the Matter of )
) No.
) Petition No.
)
A Child. ) SUMMONS + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ + 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. + }
Enrolled House Bill 2272 (HB 2272-B) Page 4
{ + 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 + }
{ + 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. It is your
responsibility to maintain contact with your attorney and to keep
your attorney advised of your whereabouts. + }
{ + 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: + } ________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
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
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
In the Matter of )
) No.
) Petition No.
)
A Child. ) SUMMONS
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
TO: Name and address
Enrolled House Bill 2272 (HB 2272-B) Page 5
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
Enrolled House Bill 2272 (HB 2272-B) Page 6
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.
{ + 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: ________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
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
Enrolled House Bill 2272 (HB 2272-B) Page 7
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. - }
Enrolled House Bill 2272 (HB 2272-B) Page 8
{ - (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
Enrolled House Bill 2272 (HB 2272-B) Page 9
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
Enrolled House Bill 2272 (HB 2272-B) Page 10
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:
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;
(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.
(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
Enrolled House Bill 2272 (HB 2272-B) Page 11
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 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. - }
{ + (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
Enrolled House Bill 2272 (HB 2272-B) Page 12
cost of out-of-home placement, depending upon the ability of the
parent or other person to pay support.
{ - (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. - }
{ + (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. + }
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
Enrolled House Bill 2272 (HB 2272-B) Page 13
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
(C) By publication of summons pursuant to subsection (5) of
this section.
(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
Enrolled House Bill 2272 (HB 2272-B) Page 14
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. + }
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Enrolled House Bill 2272 (HB 2272-B) Page 15
Passed by House March 18, 2003
Repassed by House May 8, 2003
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 2, 2003
...........................................................
President of Senate
Enrolled House Bill 2272 (HB 2272-B) Page 16
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled House Bill 2272 (HB 2272-B) Page 17