Juvenile Code: Dependency

ORS 419B.406
Assignment of support order to state


When a child or ward is in the legal custody of the Department of Human Services and the child or ward is the beneficiary of an order of support in a judgment of dissolution or other order and the department is required to provide financial assistance for the care and support of the child or ward, the state is assignee of and subrogated to the child or ward’s proportionate share of the support obligation including sums that have accrued whether or not the support order or judgment provides for separate monthly amounts for the support of each of two or more children or wards or a single monthly gross payment for the benefit of two or more children or wards, up to the amount of assistance provided by the department. The assignment shall be as provided in ORS 412.024 (Assignment of support rights). [1993 c.33 §124; 1999 c.80 §76; 2003 c.73 §67; 2003 c.396 §72; 2003 c.572 §18; 2003 c.576 §448]
§§ 419B.500 to 419B.524

Notes of Decisions

Under Former Similar Statutes

Due process does not require the appointment of "independent counsel" to represent the child in every adoption or termination of parental rights proceeding. F. v. C., 24 Or App 601, 547 P2d 175 (1976)

When second termination of parental rights proceeding was not itself barred, proof was not limited by res judicata or collateral estoppel principles to facts or evidence which was not considered in or which came in to being after first proceeding. State ex rel Juvenile Dept. v. Newman, 49 Or App 221, 619 P2d 901 (1980), Sup Ct review denied

Chapter 419B

Notes of Decisions

Due process rights of parents are always implicated in construction and application of provisions of this chapter. Department of Human Services v. J.R.F., 351 Or 570, 273 P3d 87 (2012)


Source

Last accessed
Jun. 26, 2021