Parent and Child Rights and Relationships

ORS 109.751
Temporary emergency jurisdiction

(1)

A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.

(2)

If there is no previous child custody determination that is entitled to be enforced under ORS 109.701 (Short title) to 109.834 (Severability clause) and a child custody proceeding has not been commenced in a court of a state having jurisdiction under ORS 109.741 (Initial child custody jurisdiction) to 109.747 (Jurisdiction to modify determination), a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under ORS 109.741 (Initial child custody jurisdiction) to 109.747 (Jurisdiction to modify determination). If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under ORS 109.741 (Initial child custody jurisdiction) to 109.747 (Jurisdiction to modify determination), a child custody determination made under this section becomes a final determination if the determination so provides and this state becomes the home state of the child.

(3)

If there is a previous child custody determination that is entitled to be enforced under ORS 109.701 (Short title) to 109.834 (Severability clause), or a child custody proceeding has been commenced in a court of a state having jurisdiction under ORS 109.741 (Initial child custody jurisdiction) to 109.747 (Jurisdiction to modify determination), any order issued by a court of this state under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under ORS 109.741 (Initial child custody jurisdiction) to 109.747 (Jurisdiction to modify determination). The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires.

(4)

A court of this state that has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of a state having jurisdiction under ORS 109.741 (Initial child custody jurisdiction) to 109.747 (Jurisdiction to modify determination), shall immediately communicate with the other court. A court of this state that is exercising jurisdiction under ORS 109.741 (Initial child custody jurisdiction) to 109.747 (Jurisdiction to modify determination), upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of another state under a statute similar to this section, shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child and determine a period for the duration of the temporary order. [1999 c.649 §16]
Note: See note under 109.701 (Short title).

Notes of Decisions

For purposes of court having temporary emergency jurisdiction under Uniform Child Custody Jurisdiction and Enforcement Act, proper focus is whether child will be at immediate risk of harm upon return to parent; thus, juvenile court properly exercised temporary emergency jurisdiction to protect petitioner where petitioner would be at risk of abuse if returned to father in El Salvador when return was unknown but could occur at any time. State v. L.P.L.O., 280 Or App 292, 381 P3d 846 (2016)

Court with temporary emergency jurisdiction under Uniform Child Custody Jurisdiction and Enforcement Act over child who is temporarily in this state, but whose parents are residents of another state, has authority to issue dependency judgment as necessary to maintain child’s safety but may not issue permanent orders, including terminating parental rights or imposing requirements on parents necessary for parents to regain custody, and court maintains jurisdiction over child while emergency is ongoing. Dept. of Human Services v. J.S., 368 Or 516, 495 P3d 1245 (2021)

Source

Last accessed
May 30, 2023

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