ORS 419A.200
Who may appeal

  • time limitations
  • procedure
  • effect of filing appeal
  • record on appeal
  • disclosure


Except as provided in ORS 419A.190 (Effect of adjudicatory hearing or admission), any person or entity, including, but not limited to, a party to a juvenile court proceeding under ORS 419B.875 (Parties to proceedings) (1) or 419C.285 (Parties to delinquency proceeding) (1), whose rights or duties are adversely affected by a judgment of the juvenile court may appeal therefrom. An appeal from a circuit court must be taken to the Court of Appeals, and an appeal from a county court must be taken to the circuit court.


If the proceeding is in the circuit court and no record of the proceedings was kept, the court, on motion made not later than 15 days after the entry of the court’s judgment, shall grant a rehearing and shall direct that a record of the proceedings be kept. However, the court may not grant a rehearing in a case barred by ORS 419A.190 (Effect of adjudicatory hearing or admission) without the consent of the child, ward, youth or adjudicated youth affected by such case. If a rehearing is held, the time for taking an appeal runs from the date of entry of the court’s judgment after the rehearing.


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The appeal may be taken by causing a notice of appeal, in the form prescribed by ORS 19.250 (Contents of notice of appeal), to be served:


On all parties who have appeared in the proceeding;


On the trial court administrator or other person serving as clerk of the juvenile court; and


On the juvenile court transcript coordinator, if a transcript is designated in connection with the appeal.


The original of the notice with proof of service must be filed with:


The Court of Appeals if the appeal is from a circuit court; or


The circuit court if the appeal is from a county court.


The notice must be filed not later than 30 days after the entry of the court’s judgment. On appeal from the county court, the circuit court shall hear the matter de novo and its judgment is appealable to the Court of Appeals in the same manner as if the proceeding had been commenced in the circuit court.


The counsel in the proceeding from which the appeal is being taken shall file and serve those documents necessary to commence an appeal if the counsel is requested to do so by the party the counsel represents. If the party requesting an appeal is represented by court-appointed counsel, court-appointed counsel may discharge the duty to commence an appeal under this subsection by complying with policies and procedures established by the office of public defense services for appeals of juvenile court judgments.


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Upon motion of a person, other than the state, entitled to appeal under subsection (1) of this section, the appellate court shall grant the person leave to file a notice of appeal after the time limits described in subsection (3) of this section if:


The person shows a colorable claim of error in the proceeding from which the appeal is taken; and


The person shows that the failure to file a timely notice of appeal is not personally attributable to the person.


A person other than the state is not entitled to relief under this subsection for failure to file timely notice of cross-appeal when the state appeals pursuant to ORS 419A.208 (Orders subject to appeal by state).


The request for leave to file a notice of appeal after the time limits prescribed in subsection (3) of this section must be filed no later than 90 days after entry of the judgment being appealed and must be accompanied by the notice of appeal sought to be filed. A request for leave under this subsection may be filed by mail and is deemed filed on the date of mailing if the request is mailed as provided in ORS 19.260 (Filing by mail or delivery).


The court may not grant relief under this subsection unless the state has notice and opportunity to respond to the person’s request for relief.


An appeal to the Court of Appeals must be conducted in the same manner as an appeal under ORS chapter 19 except that the court shall advance the appeal on the court’s docket in the same manner as appeals in criminal cases.


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Except as provided in ORS 419A.208 (Orders subject to appeal by state) (2), or when otherwise ordered by the appellate court, the filing of an appeal does not suspend an order or judgment of the juvenile court nor discharge the ward or adjudicated youth from the custody of the person, institution or agency in whose custody the ward or adjudicated youth may have been placed nor preclude the juvenile court after notice and hearing from entering such further orders relating to the ward or adjudicated youth’s custody pending final disposition of the appeal as it finds necessary by reason only of matters transpiring subsequent to the order or judgment appealed from. The trial court administrator shall immediately file certified copies of any such order or judgment with the Court of Appeals.


Notwithstanding the filing of an appeal from a jurisdictional or dispositional judgment or an order entered pursuant to ORS 419B.449 (Review hearing by court) or 419B.476 (Conduct of hearing), the juvenile court may proceed with the adjudication of a petition seeking termination of the parental rights of a parent of the ward who is subject to the judgment from which the appeal is taken.


The appeal of any judgment entered in a termination of parental rights proceeding under paragraph (b) of this subsection must be consolidated, if appropriate, with any pending appeal of an order or judgment entered under ORS 419B.325 (Disposition required), 419B.449 (Review hearing by court) or 419B.476 (Conduct of hearing). The consolidated appeal must be conducted and advanced on the court’s docket in the same manner as termination of parental rights cases.


On appeal of a judgment or final order, the appellate court may review any interlocutory order that:


Involves the merits or necessarily affects the judgment or final order appealed from; and


Was made after entry of the last appealable judgment or final order preceding entry of the judgment or final order being appealed.


The district attorney or Attorney General shall represent the state in the appeal.


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The court from which an appeal is taken shall prepare and transmit a record on appeal in the manner provided in ORS 19.365 (Preparation and transmission of record generally), except that, when the appeal is to the circuit court from a county court, the record on appeal shall be prepared and transmitted by the county court to the circuit court.


The court to which an appeal is taken under this section shall keep a record of the case on appeal that includes but is not limited to notices of appeal, briefs, motions, orders of the court and other papers filed with the court on appeal.


The record on appeal prepared and transmitted under paragraph (a) of this subsection, when it is in the custody of the court to which the appeal is taken, and the record of the case on appeal kept under paragraph (b) of this subsection are subject to the same limitations on inspection, copying and disclosure of records, reports and materials as those set forth under ORS 419A.255 (Maintenance).


The court on appeal may consent to disclosure of:


Records described in paragraph (a) of this subsection, while in the custody of the court to which the appeal is taken, in the same manner and under the same circumstances as the juvenile court consents to disclosure under ORS 419A.255 (Maintenance);


Records described in paragraph (b) of this subsection; or


An audio or video recording prepared of an oral proceeding on appeal, in the same manner as permitted under ORS 419A.256 (When transcript of proceeding is part of record of case) (1)(b), (3) and (4).


Notwithstanding any other provision of law, any decision, as that term is defined in ORS 19.450 (Appellate judgment), issued by the Court of Appeals or the Supreme Court, on appeal or review of a juvenile court decision, is not confidential and is not exempt from disclosure. [1993 c.33 §47; 1995 c.79 §214; 1995 c.422 §66; 1997 c.389 §10; 1997 c.761 §5; 1999 c.263 §1; 1999 c.859 §15a; 2001 c.480 §§3,3a; 2001 c.910 §3; 2003 c.396 §28; 2007 c.58 §1; 2009 c.231 §6; 2009 c.484 §12; 2013 c.417 §8; 2014 c.71 §6; 2021 c.489 §46]

Source: Section 419A.200 — Who may appeal; time limitations; procedure; effect of filing appeal; record on appeal; disclosure, https://www.­oregonlegislature.­gov/bills_laws/ors/ors419A.­html.

Notes of Decisions

Under former similar statute

Grandparents do not have standing to appeal from the disposition of a termination of parentage proceeding. State ex rel Juvenile Dept. v. Hayes, 16 Or App 438, 519 P2d 104 (1974)

State is not authorized to appeal from order tantamount to judgment of acquittal in proceeding where juvenile was tried for commission of criminal act. State ex rel Juvenile Dept. v. Knox, 20 Or App 455, 532 P2d 245 (1975)

It is not necessary as a matter of due process that, for the protection of the children’s interests, a parent’s right to appeal from an order terminating parental rights be foreclosed for failure to serve notice of appeal on children. State ex rel Juvenile Dept. of Multnomah County v. Navarette, 29 Or App 121, 563 P2d 1221 (1977)

Appeals from juvenile court are reviewed de novo, with findings of juvenile court given no weight except on matters of credibility of witnesses. State ex rel Juvenile Department v. Kent, 31 Or App 1219, 572 P2d 1059 (1977), Sup Ct review denied

Because an order denying remand does not end juvenile court jurisdiction it is not appealable. State ex rel Juvenile Department v. Brown, 33 Or App 423, 576 P2d 830 (1978)

Where order resulting from October review proceeding set by court on motion as part of continuing supervision of initial wardship assumed in May merely continued existing placement under wardship and made no new or additional disposition, October order was not appealable order. State ex rel Juv. Dept. v. Nagle, 36 Or App 237, 584 P2d 338 (1978)

Action appealed from denominated as order and disposing of petition duly filed and directing certain things be done which terminated mother’s parental rights was final and appealable order. State ex rel Juv. Dept. v. East, 38 Or App 59, 589 P2d 744 (1979), Sup Ct review denied

In juvenile proceeding in which child was accused of murdering his sister, where juvenile court allowed motion to suppress results of luminol test and child’s statements to authorities, appellate court had no jurisdiction to hear state’s appeal of suppression order. State ex rel Juv. Dept. v. Leroy, 45 Or App 65, 607 P2d 772 (1980), Sup Ct review denied

State does not have right to appeal pretrial suppression order in juvenile case. State ex rel Juv. Dept. v. Gates, 46 Or App 587, 612 P2d 734 (1980), Sup Ct review denied

“Informal” notice requires only that juvenile court actually be apprised of child’s desire to appeal. State ex rel Juv. Dept. v. Hardy, 93 Or App 584, 763 P2d 406 (1988), Sup Ct review denied

Person with physical custody of child has standing to appeal trial court order giving legal custody to someone else, provided person participated in dispositional hearing below. State ex rel Juv. Dept. v. Crenshaw, 103 Or App 359, 797 P2d 397 (1990)

Subsection enumerating specific types of order subject to

appeal by state supersedes subsection providing general right of appeal from final orders by persons adversely affected. State ex rel Juv. Dept. v. M. T., 321 Or 419, 899 P2d 1192 (1995)

In general

Youth asserting inadequate assistance of appellate counsel due to untimely filing of appeal must show that delayed notice of appeal was filed within reasonable time. State ex rel Juvenile Dept. v. Balderas, 172 Or App 223, 18 P3d 434 (2001)

Where state has sought finding of jurisdiction based on particular factual allegation, duties of state are “adversely affected” by denial of jurisdiction on alleged basis regardless of whether court establishes jurisdiction on other basis. State ex rel State Office for Services to Children and Families v. Imus, 179 Or App 33, 39 P3d 213 (2002)

Order denying request to modify conditions of placement previously imposed by court is not appealable. State ex rel Juvenile Dept. v. Ortiz, 187 Or App 116, 65 P3d 1118 (2003)

“Colorable claim of error” means claim that party may reasonably assert under current law and that is plausible given facts and given current law or reasonable extension or modification of current law. State ex rel Dept. of Human Services v. Rardin, 338 Or 399, 110 P3d 580 (2005)

Denial of petition for affirmative relief adversely affects rights and duties of petitioner. State ex rel Dept. of Human Services v. S.P.B., 218 Or App 97, 178 P3d 307 (2008)

Jurisdictional order and dispositional judgment in juvenile court proceedings are separately appealable, and requirements for filing appeal apply to both order and judgment separately. State ex rel Juv. Dept. v. J. H.-O., 223 Or App 412, 196 P3d 36 (2008)

Time limitations on filing notice of appeal under this section are not facially violative of Due Process Clause of Fourteenth Amendment to United States Constitution. Department of Human Services v. W.S.C., 248 Or App 374, 273 P3d 313 (2012), Sup Ct review denied

The phrase “affected by a judgment of the juvenile court” is not limited solely to judgements described in ORS 419A.205 (1). Dept. of Human Services v. C.M.H., 301 Or App 487, 455 P3d 576 (2019), aff’d 368 Or 96, 486 P3d 772 (2021)

Appointment of counselors and director
Duties of director or counselor
Reports by juvenile department
Reports to school administrators concerning adjudicated youths on probation
Powers of director or counselor
Juvenile department is county agency
County responsibility for expenses of juvenile department
Responsibility of counties over 400,000 population
Policy and purpose
Definition for ORS 419A.046 and 419A.048
Court to comply with fiscal reporting procedures
Authority to acquire, equip and maintain detention and shelter facilities
Specifications of facilities
Examination of facilities
Payment of maintenance expenses
Designation of detention and shelter facilities
Inspection of detention facilities
Requirements for detention facilities
Local citizen review boards
Additional boards
Duties of Judicial Department in administering boards
Confidentiality of information
Access to confidential information by boards
Report on children and wards in substitute care
Review of cases generally
Review of cases of adjudicated youths
Procedure for conflicts of interest
Review of cases of wards for whom guardian has been appointed
Immunity of participants in case review
Disclosure of information to participants in case review
When presence of agency personnel at board hearings required
Findings and recommendations
Court use of findings and recommendations
Use of findings and recommendations by Department of Human Services
Policy and procedure recommendations
State Citizen Review Board Operating Account
Power of court to enforce orders by contempt order
Effect of adjudicatory hearing or admission
Who may appeal
Judgments described
Orders subject to appeal by state
Joint motion to vacate judgment or order
Appointment of counsel
Use of restraints during juvenile court proceedings
Use of restraints during transport
Definitions for ORS 419A.252, 419A.253, 419A.255 and 419A.256
When information in report, material or document considered by court must be identified in record
When transcript of proceeding is part of record of case
Reports and materials privileged
Motion to inspect or copy records
Expunction proceeding
Eligibility for order of expunction for certain adjudications involving marijuana
Notice of expunction
Effect of expunction
Appointment of counsel
Reports to school districts concerning young persons on conditional release
Notice to school administrators concerning students subject to juvenile court petitions
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