Actions and Suits in Particular Cases

ORS 30.063
Forfeiture of damages distributable to parent or stepparent for desertion or neglect


(1)

Notwithstanding ORS 30.020 (Action for wrongful death), any damages distributable under ORS 30.030 (Distribution of damages) to 30.060 (Appeal from order of distribution or apportionment) to a parent or stepparent shall pass and be vested as if the parent or stepparent had predeceased the decedent if:

(a)

The person who would be benefited by the forfeiture is a child or sibling of the decedent, the decedent was an adult when the decedent died and:

(A)

The parent or stepparent of the decedent willfully deserted the decedent for the one-year period immediately preceding the date on which the decedent became an adult; or

(B)

The parent or stepparent neglected without just and sufficient cause to provide proper care and maintenance for the decedent for the one-year period immediately preceding the date on which the decedent became an adult.

(b)

The person who would be benefited by the forfeiture is not a child or sibling of the decedent, the decedent was an adult when the decedent died and:

(A)

The parent or stepparent of the decedent willfully deserted the decedent for the three-year period immediately preceding the date on which the decedent became an adult; or

(B)

The parent or stepparent neglected without just and sufficient cause to provide proper care and maintenance for the decedent for the three-year period immediately preceding the date on which the decedent became an adult.

(c)

The person who would be benefited by the forfeiture is a child or sibling of the decedent, the decedent was a minor when the decedent died and:

(A)

The parent or stepparent of the decedent willfully deserted the decedent for the life of the decedent or for the one-year period immediately preceding the date on which the decedent died; or

(B)

The parent or stepparent neglected without just and sufficient cause to provide proper care and maintenance for the decedent for the life of the decedent or for the one-year period immediately preceding the date on which the decedent died.

(d)

The person who would be benefited by the forfeiture is not a child or sibling of the decedent, the decedent was a minor when the decedent died and:

(A)

The parent or stepparent of the decedent willfully deserted the decedent for the life of the decedent or for the three-year period immediately preceding the date on which the decedent died; or

(B)

The parent or stepparent neglected without just and sufficient cause to provide proper care and maintenance for the decedent for the life of the decedent or for the three-year period immediately preceding the date on which the decedent died.

(e)

The parental rights of the parent with respect to the decedent were terminated and the parent-child relationship between the parent and the decedent was not judicially reestablished.

(2)

For the purposes of subsection (1) of this section, the court may disregard incidental visitations, communications and contributions in determining whether a parent or stepparent willfully deserted the decedent or neglected without just and sufficient cause to provide proper care and maintenance for the decedent.

(3)

For the purposes of subsection (1) of this section, in determining whether the parent or stepparent willfully deserted the decedent or neglected without just and sufficient cause to provide proper care and maintenance for the decedent, the court may consider whether a custodial parent or other custodian attempted, without good cause, to prevent or to impede contact between the decedent and the parent or stepparent whose damages would be forfeited under this section.

(4)

The forfeiture provisions of subsection (1) of this section apply to a stepparent only if the stepparent had an obligation to provide support for the decedent under ORS 108.045 (Liability of stepparent for expenses of family and education of children).

(5)

The distribution of damages to a parent or stepparent of a decedent may be forfeited under this section only pursuant to an order of the court entered after the filing of a petition under ORS 30.065 (Petition for forfeiture). A petition filed under ORS 113.035 (Petition for appointment of personal representative and probate of will) may not request the forfeiture of damages distributable to a parent or stepparent of a decedent under this section. [2019 c.461 §2]
§§ 30.010 to 30.100

Notes of Decisions

Parents of minor child may not recover compensation for loss of child's society and companionship when child is negligently injured. Beerbower v. State ex rel Oregon Health Sciences, 85 Or App 330, 736 P2d 596 (1987), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021