Chapter 58
AN ACT
HB 2343
Relating to appeals of juvenile court
judgments; amending ORS 419A.200.
Be It Enacted by the People of
the State of
SECTION 1. ORS 419A.200 is amended to read:
419A.200. (1) Except as
provided in ORS 419A.190, any person or entity, including, but not limited to,
a party to a juvenile court proceeding under ORS 419B.875 (1) or 419C.285 (1),
whose rights or duties are adversely affected by a judgment of the juvenile
court may appeal therefrom. An appeal from a circuit court must be taken to the
Court of Appeals, and an appeal from a county court must be taken to the
circuit court.
(2) If the proceeding is
in the circuit court and no record of the proceedings was kept, the court, on
motion made not later than 15 days after the entry of the court’s judgment,
shall grant a rehearing and shall direct that a record of the proceedings be
kept. However, the court may not grant a rehearing in a case barred by ORS
419A.190 without the consent of the child, ward, youth or youth offender
affected by such case. If a rehearing is held, the time for taking an appeal
runs from the date of entry of the court’s judgment after the rehearing.
(3)(a) The appeal may be
taken by causing a notice of appeal, in the form prescribed by ORS 19.250, to
be served:
(A) On all parties who
have appeared in the proceeding;
(B) On the trial court
administrator or other person serving as clerk of the juvenile court; and
(C) On the juvenile
court transcript coordinator, if a transcript is designated in connection with
the appeal.
(b) The original of the
notice with proof of service must be filed with:
(A) The Court of Appeals
if the appeal is from a circuit court; or
(B) The circuit court if
the appeal is from a county court.
(c) The notice must be
filed not later than 30 days after the entry of the court’s judgment. On appeal
from the county court, the circuit court shall hear the matter de novo and its
judgment is appealable to the Court of Appeals in the same manner as if the
proceeding had been commenced in the circuit court.
(4) The counsel in the
proceeding from which the appeal is being taken shall file and serve those
documents necessary to commence an appeal if the counsel is requested to do so
by the party the counsel represents. If the party requesting an appeal is
represented by court-appointed counsel, court-appointed counsel may discharge
the duty to commence an appeal under this subsection by complying with policies
and procedures established by the office of public defense services for appeals
of juvenile court judgments.
(5)(a) Upon motion of a
person, other than the state, entitled to appeal under subsection (1) of this
section, the appellate court shall grant the person leave to file a notice of
appeal after the time limits described in subsection (3) of this section if:
(A) The person shows a
colorable claim of error in the proceeding from which the appeal is taken; and
(B) The person shows
that the failure to file a timely notice of appeal is not personally attributable
to the person.
(b) A person other than
the state is not entitled to relief under this subsection for failure to file
timely notice of cross-appeal when the state appeals pursuant to ORS 419A.208.
(c) The request for
leave to file a notice of appeal after the time limits prescribed in subsection
(3) of this section must be filed no later than 90 days after entry of the
judgment being appealed and must be accompanied by the notice of appeal sought
to be filed. A request for leave under this subsection may be filed by mail and
is deemed filed on the date of mailing if the request is mailed as provided in
ORS 19.260.
(d) The court may not
grant relief under this subsection unless the state has notice and opportunity
to respond to the person’s request for relief.
(6) An appeal to the
Court of Appeals must be conducted in the same manner as an appeal under ORS
chapter 19 except that:
(a) The court shall
advance the appeal on the court’s docket in the same manner as appeals in
criminal cases; and
(b) The court’s scope of
review is de novo on the record.
(7)(a) Except as
provided in ORS 419A.208 (2), or when otherwise ordered by the appellate court,
the filing of an appeal does not suspend an order or judgment of the juvenile
court nor discharge the ward or youth offender from the custody of the person,
institution or agency in whose custody the ward or youth offender may have been
placed nor preclude the juvenile court after notice and hearing from entering
such further orders relating to the ward or youth offender’s custody pending
final disposition of the appeal as it finds necessary by reason only of matters
transpiring subsequent to the order or judgment appealed from. The trial court
administrator shall immediately file certified copies of any such order or
judgment with the Court of Appeals.
(b) Notwithstanding the
filing of an appeal from a jurisdictional or dispositional judgment or an order
entered pursuant to ORS 419B.449 or 419B.476, the juvenile court may proceed
with the adjudication of a petition seeking termination of the parental rights
of a parent of the ward who is subject to the judgment from which the appeal is
taken.
(c) The appeal of any
judgment entered in a termination of parental rights proceeding under paragraph
(b) of this subsection must be consolidated, if appropriate, with any pending
appeal of an order or judgment entered under ORS 419B.325, 419B.449 or
419B.476. The consolidated appeal must be conducted and advanced on the court’s
docket in the same manner as termination of parental rights cases.
(8) On appeal of a
judgment or final order, the appellate court may review any interlocutory order
that:
(a) Involves the merits
or necessarily affects the judgment or final order appealed from; and
(b) Was made after entry
of the last appealable judgment or final order preceding entry of the judgment
or final order being appealed.
(9) The district
attorney or Attorney General shall represent the state in the appeal.
Approved by the Governor April 17, 2007
Filed in the office of Secretary of State April 17, 2007
Effective date January 1, 2008
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