74th OREGON LEGISLATIVE ASSEMBLY--2007 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 1538
A-Engrossed
Senate Bill 325
Ordered by the House May 24
Including House Amendments dated May 24
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 Senate 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.
Requires personal appearance by parties in juvenile
proceedings. Exempts child from requirement of personal
appearance.
A BILL FOR AN ACT
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 Oregon:
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 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 { + in person + } 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.
{ + You must appear personally in the courtroom on the date and
at the time listed above. An attorney may not attend the 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 appear at the hearing on your behalf. + }
___ To appear { + in person + } 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. { +
You must appear personally in the courtroom on the date and at
the time listed above. An attorney may not attend the 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 appear at the hearing on your behalf. + }
___ 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: ________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
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 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 { + in person + } 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. { +
You must appear personally in the courtroom on the date and at
the time listed above. An attorney may not attend the hearing in
your place. + }
__ To appear { + in person + } 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. { +
You must appear personally in the courtroom on the date and at
the time listed above. An attorney may not attend the hearing in
your place. + }
__ 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: ________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
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.
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