ORS 419B.819
Summons for proceeding to establish permanent guardianship or terminate parental rights

contents
failure to appear

Text
Annotations 1

(1)

A court may make an order establishing permanent guardianship under ORS 419B.365 (Permanent guardianship) or terminating parental rights under ORS 419B.500 (Termination of parental rights generally), 419B.502 (Termination upon finding of extreme conduct), 419B.504 (Termination upon finding of unfitness), 419B.506 (Termination upon finding of neglect) or 419B.508 (Termination upon finding of abandonment) only after service of summons and a true copy of the petition on the parent, 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) and 419B.833 (Proof of service of summons or mailing). A putative father who satisfies the criteria set out in ORS 419B.839 (Required and discretionary summons) (1)(d) or 419B.875 (Parties to proceedings) (1)(a)(C) also must be served with summons and a true copy of the petition, unless a court of competent jurisdiction has found him not to be the child or ward’s legal or biological father or he has filed a petition for filiation that was dismissed and no appeal of the judgment or order is pending.

(2)

A summons under this section must require one of the following:

(a)

That the parent 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 parent 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 parent file a written answer to the petition within 30 days from the date on which the parent 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 parent 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 rights of the parent are proposed to be terminated or, if the petition seeks to establish a permanent guardianship, that a permanent guardianship is proposed to be established.

(b)

A statement that, if the parent fails to appear at the time and place specified in the summons or in an order under ORS 419B.820 (Notice to parent contesting petition to establish permanent guardianship or terminate parental rights) or, if the summons requires the filing of a written answer, fails to file the answer within the time provided, the court may, without further notice and in the parent’s absence, terminate the parent’s rights or grant the guardianship petition, 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.

(c)

A notice that the parent has the right to be represented by an attorney. The notice must be in substantially the following form:

You have a right to be represented by an attorney. If you wish to be represented by an attorney, please retain one as soon as possible to represent you in this proceeding. If you cannot afford to hire an attorney and you meet the state’s financial guidelines, you are entitled to have an attorney appointed for you at state expense. To request appointment of an attorney to represent you at state expense, you must contact the juvenile court immediately. Phone ________ for further information.

(d)

A statement that, if the parent is represented by an attorney, the parent has the responsibility to maintain contact with the parent’s attorney and to keep the attorney advised of the parent’s whereabouts.

(e)

A statement that, if the parent is represented by an attorney, the parent must appear personally at any hearing where the parent is required to appear. The statement must explain that “appear personally” does not include appearance through the parent’s attorney.

(f)

A statement that, if the court has granted the parent an exception in advance under ORS 419B.918 (Manner of appearance), the parent may appear in any manner permitted by the court under ORS 419B.918 (Manner of appearance).

(5)

If the summons requires the parent to appear before the court to admit or deny the allegations of the petition or requires the parent to file a written answer to the petition, the summons must advise the parent that, if the parent contests the petition, the court:

(a)

Will schedule a hearing on the allegations of the petition and order the parent to appear personally; and

(b)

May schedule other hearings related to the petition and order the parent to appear personally.

(6)

At a hearing, when the parent is required to appear personally, or in the parent’s written answer to the petition, the parent shall inform the court and the petitioner of the parent’s current residence address, mailing address and telephone number.

(7)

If a parent 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.820 (Notice to parent contesting petition to establish permanent guardianship or terminate parental rights), the court, without further notice and in the parent’s absence, may:

(a)

Terminate the parent’s rights or, if the petition seeks to establish a permanent guardianship, grant the guardianship petition either on the date specified in the summons or order or on a future date; and

(b)

Take any other action that is authorized by law.

(8)

If the summons requires the parent to appear personally before the court, or if a court orders the parent to appear personally at a hearing in the manner provided in ORS 419B.820 (Notice to parent contesting petition to establish permanent guardianship or terminate parental rights), the parent may not appear through the parent’s attorney.

(9)

If a guardian ad litem has been appointed for a parent under ORS 419B.231 (Appointment), a copy of the summons served on the parent under this section must be provided to the guardian ad litem. [2003 c.205 §3; 2005 c.160 §2; 2005 c.450 §5; 2007 c.454 §13; 2007 c.497 §6]

Source: Section 419B.819 — Summons for proceeding to establish permanent guardianship or terminate parental rights; contents; failure to appear, https://www.oregonlegislature.gov/bills_laws/ors/ors419B.html.

Notes of Decisions

Where parent is physically present at and attempts to participate without counsel in earlier fact-finding proceeding, juvenile court may not at later proceeding enter default judgment against parent for failure to appear at earlier proceeding. Juvenile court has authority only to enter default judgment for failure to appear at proceeding at proceeding when parent actually failed to appear. Dept. of Human Services v. A.D.G., 260 Or App 525, 317 P3d 950 (2014)

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

ORS 419B.819 Summons for proceeding to establish permanent guardianship or terminate parental rights

(1)

(2)

(a)

(b)

(c)

(3)

(4)

(a)

(b)

(c)

(d)

(e)

(f)

(5)

(a)

(b)

(6)

(7)

(a)

(b)

(8)

(9)

Notes of Decisions

ORS 419B.819
Summons for proceeding to establish permanent guardianship or terminate parental rights