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Or. Rev. Stat. § 419B.875
Oregon Revised Statutes
Title
34. Human Services; Juvenile Code; Corrections
Chapter
419B. Juvenile Code: Dependency
Juvenile
Court Dependency Procedure and Practice
§ 419B.875. Parties to proceedings; guardian ad litem; rights of parties; limited participation; foster parents; grandparents; interpreters
(1)(a) Parties to proceedings in the juvenile court under ORS 419B.100
and 419B.500 are:
(A)
The child or ward;
(B)
The parents or guardian of the child or ward;
(C)
A putative father of the child or ward who has demonstrated a direct and
significant commitment to the child or ward by assuming, or attempting
to assume, responsibilities normally associated with parenthood, including
but not limited to:
(i)
Residing with the child or ward;
(ii)
Contributing to the financial support of the child or ward; or
(iii)
Establishing psychological ties with the child or ward;
(D)
The state;
(E)
The juvenile department;
(F)
A court appointed special advocate, if appointed;
(G)
The Department of Human Services or other child-caring agency if the agency
has temporary custody of the child or ward;
(H)
The tribe in cases subject to the Indian Child Welfare Act if the tribe
has intervened pursuant to the Indian Child Welfare Act.
(b)
An intervenor who is granted intervention under ORS 419B.116 is a party
to a proceeding under ORS 419B.100. An intervenor under this paragraph
is not a party to a proceeding under ORS 419B.500.
(2)
The rights of the parties include, but are not limited to:
(a)
The right to notice of the proceeding and copies of the petitions, answers,
motions and other papers;
(b)
The right to appear with counsel and, except for intervenors under subsection
(1)(b) of this section, to have counsel appointed as otherwise provided
by law;
(c)
The right to call witnesses, cross-examine witnesses and participate in
hearings;
(d)
The right of appeal; and
(e)
The right to request a hearing.
(3)
A putative father who satisfies the criteria set out in subsection (1)(a)(C)
of this section shall be treated as a parent, as that term is used in
this chapter and ORS chapters 419A and 419C, until the court confirms
his paternity or finds that he is not the legal father of the child or
ward.
(4)
If no appeal from the judgment or order is pending, a putative father
whom a court of competent jurisdiction has found not to be the child or
ward's legal father or who has filed a petition for filiation that was
dismissed is not a party under subsection (1) of this section.
(5)(a)
A person granted rights of limited participation under ORS 419B.116 is
not a party to a proceeding under ORS 419B.100 or 419B.500 but has only
those rights specified in the order granting rights of limited participation.
(b)
Persons moving for or granted rights of limited participation are not
entitled to appointed counsel but may appear with retained counsel.
(6)
If a foster parent, preadoptive parent or relative is currently providing
care for a child or ward, the Department of Human Services shall give
the foster parent, preadoptive parent or relative notice of a hearing
concerning the child or ward and the court shall give the person an opportunity
to be heard. Except when allowed to intervene, the foster parent, preadoptive
parent or relative providing care for the child or ward is not considered
a party to the juvenile court proceeding solely because of notice and
an opportunity to be heard.
(7)
When a legal grandparent of a child or ward requests in writing and provides
a mailing address, the Department of Human Services shall give the legal
grandparent notice of a hearing concerning the child or ward and the court
shall give the legal grandparent an opportunity to be heard. Except when
allowed
to intervene, a legal grandparent is not considered a party to the juvenile
court proceeding solely because of notice and an opportunity to be heard.
(8)
Interpreters for parties and persons granted rights of limited participation
shall be appointed in the manner specified by ORS 45.275 and 45.285.
Formerly
419B.115; Laws 2001, c. 962, § 83; Laws 2003, c. 231, §§
1 and 2; Laws 2003, c. 396, §§ 93a and 94a; Laws 2005, c. 160,
§ 4; Laws 2005, c. 450, § 8, eff. July 7, 2005.
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