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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