ORS 419B.815
Summons for proceeding to establish jurisdiction under ORS 419B.100
- contents
- failure to appear
(1)
A court may make an order establishing jurisdiction under ORS 419B.100 (Jurisdiction) only after service of summons and a true copy of the petition as provided in ORS 419B.812 (Issuance of summons), 419B.823 (Service of summons generally), 419B.824 (Methods of serving summons), 419B.827 (Responsibility for costs of service of summons and travel expenses of party summoned), 419B.830 (Return of summons), 419B.833 (Proof of service of summons or mailing) and 419B.839 (Required and discretionary summons).(2)
A summons under this section must require one of the following:(a)
That the person appear personally before the court at the time and place specified in the summons for a hearing on the allegations of the petition;(b)
That the person appear personally before the court at the time and place specified in the summons to admit or deny the allegations of the petition; or(c)
That the person file a written answer to the petition within 30 days from the date on which the person is served with the summons.(3)
If the court does not direct the type of response to be required by the summons under subsection (2) of this section, the summons shall require the person being summoned to respond in the manner authorized by subsection (2)(c) of this section.(4)
A summons under this section must contain:(a)
A statement that the petition seeks to establish jurisdiction under ORS 419B.100 (Jurisdiction) and that, if the person fails to appear at the time and place specified in the summons or an order under ORS 419B.816 (Notice to person contesting petition to establish jurisdiction) or, if the summons requires the filing of a written answer, fails to file the answer within the time provided, the court may establish jurisdiction without further notice either on the date specified in the summons or order or on a future date, and may take any other action that is authorized by law including, but not limited to, making the child a ward of the court and removing the child from the legal and physical custody of the parent or other person having legal or physical custody of the child.(b)
A notice that the person has the right to be represented by an attorney. The notice must be in substantially the following form:(c)
A statement that, if the person is represented by an attorney, the person has the responsibility to maintain contact with the person’s attorney and to keep the attorney advised of the person’s whereabouts.(d)
A statement that, if the person is represented by an attorney, the person must appear personally at any hearing where the person is required to appear, unless the person is the child at issue in the proceeding who must be served with summons in accordance with ORS 419B.839 (Required and discretionary summons) (1)(f). The statement must explain that to “appear personally” does not include appearance through the person’s attorney.(e)
A statement that, if the court has granted the person an exception in advance under ORS 419B.918 (Manner of appearance), the person may appear in any manner permitted by the court under ORS 419B.918 (Manner of appearance).(f)
A statement that no later than 30 days after the petition is filed each party about whom allegations have been made must admit or deny the allegations and that, unless the court specifies otherwise, the admission or denial may be made orally at the hearing or filed with the court in writing.(g)
A statement that if the petition alleges that the child has been physically or sexually abused, the court, at the hearing, may enter an order restraining the alleged perpetrator of the abuse from having contact with the child or attempting to contact the child and requiring the alleged perpetrator to move from the household in which the child resides.(h)
A statement that the parent or other person legally obligated to support the child may be required to pay at some future date for all or a portion of the support of the child, including the cost of out-of-home placement, depending upon the ability of the parent or other person to pay support.(5)
If the summons requires the person to appear before the court to admit or deny the allegations of the petition or requires the person to file a written answer to the petition, the summons must advise the person that, if the person contests the petition, the court:(a)
Will schedule a hearing on the allegations of the petition and order the person to appear personally; and(b)
May schedule other hearings related to the petition and order the person to appear personally.(6)
At a hearing, when the person is required to appear personally, or in the person’s written answer to the petition, the person shall inform the court and the petitioner of the person’s current residence address, mailing address and telephone number.(7)
If a person fails to appear for any hearing related to the petition, or fails to file a written answer, as directed by summons or court order under this section or ORS 419B.816 (Notice to person contesting petition to establish jurisdiction), the court may establish jurisdiction without further notice, either on the date specified in the summons or order or on a future date, and may take any other action that is authorized by law including, but not limited to, making the child a ward of the court and removing the child from the legal and physical custody of the parent or other person having legal or physical custody of the child.(8)
If the summons requires the person to appear personally before the court, or if a court orders the person to appear personally at a hearing in the manner provided in ORS 419B.816 (Notice to person contesting petition to establish jurisdiction), the person may not appear through the person’s attorney, unless the person is the child at issue in the proceeding who has been served with summons in accordance with ORS 419B.839 (Required and discretionary summons) (1)(f). [2001 c.622 §6; 2001 c.962 §54; 2003 c.205 §§10,11; 2007 c.497 §3]
Source:
Section 419B.815 — Summons for proceeding to establish jurisdiction under ORS 419B.100; contents; failure to appear, https://www.oregonlegislature.gov/bills_laws/ors/ors419B.html.
Notes of Decisions
Where parents failed to appear personally for jurisdictional hearing, parents’ attorneys could not appear on parents’ behalf to make evidentiary objections. Dept. of Human Services v. S. C. T., 281 Or App 246, 380 P3d 1211 (2016), Sup Ct review denied
Court may adjudicate dependency petition even though parent does not appear at hearing of which parent had statutorily required notice, whether hearing occurs on date specified in summons or on future date. Dept. of Human Services v. C.C., 315 Or App 459, 501 P3d 1129 (2021), Sup Ct review denied
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