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 1097
Senate Bill 71
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Joint Interim Committee on
Judiciary for Oregon Law Commission)
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 as
introduced.
Authorizes service of summons by mail in juvenile dependency
proceedings.
A BILL FOR AN ACT
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
(C) By publication of summons pursuant to subsection
{ - (5) - } { + (6) + } of this section.
(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. + }
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