Chapter 302 Oregon Laws 1999

Session Law

AN ACT

SB 76

Relating to children; amending ORS 419B.260.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 419B.260 is amended to read:

419B.260. (1) As used in this section, "consolidated" means that actions are heard before one judge of the circuit court to determine issues pending regarding a child or children. Consolidation does not merge the procedural or substantive law of the individual actions. Parties to the individual consolidated actions do not have standing, solely by virtue of the consolidation, in every action subject to the order of consolidation. Parties must comply with provisions for intervention or participation in a particular action under the provisions of law applicable to that action.

[(1)] (2) In any [case] action filed in the juvenile court in which the legal or physical custody of a child is at issue and there is also pending, or adjudicated, a child custody, parenting time or [visitation case] filiation action involving the child in a domestic relations, filiation or guardianship proceeding, the matters shall be consolidated.

[(2)] (3) Upon entry of an order of consolidation, all [matters relating to custody, parenting time or visitation] pending issues pertaining to the actions subject to the order shall be heard together in juvenile court [and attendant to the juvenile court proceeding. The judge hearing such matters may enter orders or modify existing orders in all cases subject to the order of consolidation]. The court shall hear the juvenile matters first unless the court finds that it is in the best interest of the child to proceed otherwise.

(4) A judge shall make and modify orders and findings in actions subject to the order of consolidation upon the filing of proper pleadings and notice as provided by law applicable to the actions. Any findings, orders or modifications must be consistent with the juvenile court orders, and persons who were parties to the juvenile court action may not relitigate issues in consolidated actions.

(5) The judge shall set out separately from orders entered under this chapter or ORS chapter 419C any orders or judgments made in other actions subject to the consolidation order. The clerk of the court shall file the orders and judgments in the appropriate actions subject to the consolidation order.

(6)(a) When the actions described in subsection (2) of this section exist in two or more judicial districts, the judges assigned to the actions shall confer to determine the appropriate judicial district in which to consolidate and hear the actions. The judges shall confer not later than 10 judicial days after a court has received notice of the existence of an action in another judicial district.

(b) If the judges agree on the judicial district in which the actions should be consolidated, the judges shall take such action as is necessary to consolidate the actions in the circuit court of that district.

(c) If the judges do not agree on the judicial district in which the actions should be consolidated, the actions must be consolidated in the judicial district in which the juvenile action is filed or, if more than one juvenile action is pending, in the judicial district in which the first juvenile action was filed.

(7) Nothing in this section requires the consolidation of any administrative proceeding under ORS chapter 25 or 416 with a juvenile court or other action.

Approved by the Governor June 22, 1999

Filed in the office of Secretary of State June 22, 1999

Effective date October 23, 1999

__________