Chapter 497
AN ACT
SB 325
Relating to personal appearance in juvenile proceedings; creating new
provisions; and amending ORS 419B.815, 419B.816, 419B.818, 419B.819, 419B.820,
419B.822 and 419B.918.
Be It Enacted by the People of
the State of
SECTION 1. Section 2 of this 2007 Act is added to and
made a part of ORS chapter 419B.
SECTION 2. (1) When a parent or guardian is required to
appear at a hearing related to a petition to establish jurisdiction or a
petition to establish permanent guardianship or terminate parental rights, if
the parent or guardian fails to appear at the hearing without reasonable
explanation, the attorney for the parent or guardian may move to withdraw from
representing the parent or guardian.
(2) The attorney shall
explain to the court the basis for a motion to withdraw under this section.
(3) The court may grant
a motion to withdraw as counsel under this section.
SECTION 3. 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.823, 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.
(4) A summons under this
section must contain:
(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 ORS 419B.816 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,
if the person is represented by an attorney, the person has the
responsibility to maintain contact with the person’s attorney and to keep the
attorney advised of the person’s whereabouts.
(d) A statement that,
if the person is represented by an attorney, the person must appear personally
at any hearing where the person is required to appear, unless the person is the
child at issue in the proceeding who must be served with summons in accordance
with ORS 419B.839 (1)(f). The statement must explain that to “appear personally”
does not include appearance through the person’s attorney.
(e) A statement that, if
the court has granted the person an exception in advance under ORS 419B.918,
the person may appear in any manner permitted by the court under ORS 419B.918.
[(d)] (f) A statement that no later than 30 days after the
petition is filed each party about whom allegations have been made 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.
[(e)] (g) A statement that if the petition alleges that the
child has been physically or sexually abused, 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 to move from the household in which the child resides.
[(f)] (h) 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 ORS
419B.816, 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.
(8) If the summons
requires the person to appear personally before the court, or if a court orders
the person to appear personally at a hearing in the manner provided in ORS
419B.816, the person may not appear through the person’s attorney, unless the
person is the child at issue in the proceeding who has been served with summons
in accordance with ORS 419B.839 (1)(f).
SECTION 4. ORS 419B.816 is amended to read:
419B.816. 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 is represented by an attorney, the person’s attorney may
not attend the hearing in place of the person, unless the person is the child
at issue in the proceeding who has been served with summons in accordance with
ORS 419B.839 (1)(f);
(4) Inform the person
that, if the court has granted the person an exception in advance under ORS
419B.918, the person may appear in any manner permitted by the court under ORS
419B.918; and
[(3)] (5) Inform the person that, if the person fails to
appear as ordered for any hearing related to the petition, 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 5. 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
FOR
In the Matter of )
) No.
) Petition No.
)
A Child. ) SUMMONS
TO: Name and address
IN THE NAME OF THE STATE OF
You are directed:
____ To appear in person before this
Court at ______________ (address), Courtroom #____, ______________,
____ To appear in person before this
Court at ______________ (address), Courtroom #____, ______________,
____ 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. An attorney may not attend any
court-ordered hearing in your place. However, if you are the child at issue in
this proceeding and you have an attorney, you may rely upon your attorney to
file and to appear at the hearing on your behalf.
NOTICE:
READ THESE PAPERS CAREFULLY!!
A petition has been filed to establish jurisdiction under ORS 419B.100.
A copy of the petition is attached.
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 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 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, 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).
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 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. If you are represented by an attorney,
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 other person legally obligated to support the child(ren), you have the obligation to support the
child(ren). 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 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 state 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. If you are ordered to appear, you must appear personally in the
courtroom, unless the court has granted you an exception in advance under ORS
419B.918 to appear by other means including, but not limited to, telephonic or
other electronic means. If you are the child at issue in this proceeding and
you have an attorney, your attorney may appear in your place.
By: (Name and Title)
Date Issued: ____________
______________________________________________________________________________
SECTION 6. ORS 419B.819 is amended to read:
419B.819. (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.823, 419B.824, 419B.827, 419B.830 and
419B.833. A putative father who satisfies the criteria set out in ORS 419B.839
(1)(d) or 419B.875 (1)(a)(C) also must be served with
summons and a true copy of the petition, unless a court of competent
jurisdiction has found him not to be the child or ward’s legal father or he has
filed a petition for filiation that was dismissed and no appeal of the judgment
or order is pending.
(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 ORS 419B.820 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:
______________________________________________________________________________
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,
if the parent is represented by an attorney, the parent has the
responsibility to maintain contact with the parent’s attorney and to keep the
attorney advised of the parent’s whereabouts.
(e) A statement that,
if the parent is represented by an attorney, the parent must appear personally
at any hearing where the parent is required to appear. The statement must
explain that “appear personally” does not include appearance through the parent’s
attorney.
(f) A statement that, if
the court has granted the parent an exception in advance under ORS 419B.918,
the parent may appear in any manner permitted by the court under ORS 419B.918.
(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 ORS
419B.820, 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.
(8) If the summons
requires the parent to appear personally before the court, or if a court orders
the parent to appear personally at a hearing in the manner provided in ORS
419B.820, the parent may not appear through the parent’s attorney.
[(8)] (9) If a guardian ad litem has been appointed for a
parent under ORS 419B.231, a copy of the summons served on the parent under
this section must be provided to the guardian ad litem.
SECTION 7. ORS 419B.820 is amended to read:
419B.820. If the parent
appears in the manner provided in ORS 419B.819 (2)(b) or (c) 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 is represented by an
attorney, the parent’s attorney may not attend the hearing in place of the
parent;
(4) Inform the parent
that, if the court has granted the parent an exception in advance under ORS
419B.918, the parent may appear in any manner permitted by the court under ORS
419B.918; and
[(3)] (5) 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 8. ORS 419B.822 is amended to read:
419B.822. The summons for appearance in a proceeding to establish
permanent guardianship under ORS 419B.365 or to 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
FOR
In the Matter of )
) No.
) Petition No.
)
A Child. ) SUMMONS
TO: Name and address
IN THE NAME OF THE STATE OF
You are directed:
___ To appear in person before this
Court at ______________ (address), Courtroom #____, ______________,
___ To appear in person before this
Court at ______________ (address), Courtroom #____, ______________,
___ 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. An attorney may not attend any
court-ordered hearing in your place.
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.
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. If
you are represented by an attorney, 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. If you are ordered to appear, you must appear personally in the
courtroom, unless the court has granted you an exception in advance under ORS
419B.918 to appear by other means including, but not limited to, telephonic or
other electronic means.
By: (Name and Title)
Date Issued: ____________
______________________________________________________________________________
SECTION 9. ORS 419B.918 is amended to read:
419B.918. (1)
Notwithstanding ORS 419B.815, 419B.816,419B.819 and 419B.820, on timely written
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, 419B.816, 419B.819 or
419B.820 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.
Approved by the Governor June 20, 2007
Filed in the office of Secretary of State June 21, 2007
Effective date January 1, 2008
__________