Juvenile Code: Dependency

ORS 419B.839
Required and discretionary summons


Summons in proceedings to establish jurisdiction under ORS 419B.100 (Jurisdiction) must be served on:


The parents of the child without regard to who has legal or physical custody of the child;


The legal guardian of the child;


A putative father of the child who satisfies the criteria set out in ORS 419B.875 (Parties to proceedings) (1)(a)(C), except as provided in subsection (4) of this section;


A putative father of the child if notice of the initiation of filiation or parentage proceedings was on file with the Center for Health Statistics of the Oregon Health Authority prior to the initiation of the juvenile court proceedings, except as provided in subsection (4) of this section;


The person who has physical custody of the child, if the child is not in the physical custody of a parent; and


The child, if the child is 12 years of age or older.


If it appears to the court that the welfare of the child or of the public requires that the child immediately be taken into custody, the court may indorse an order on the summons directing the officer serving it to take the child into custody.


Summons may be issued requiring the appearance of any person whose presence the court deems necessary.


Summons under subsection (1) of this section is not required to be given to a putative father whom a court of competent jurisdiction has found not to be the child’s legal parent or who has filed a petition for filiation that was dismissed if no appeal from the judgment or order is pending.


If a guardian ad litem has been appointed for a parent under ORS 419B.231 (Appointment), a copy of a summons served on the parent under this section must be provided to the guardian ad litem. [2001 c.622 §13; 2003 c.205 §9; 2005 c.160 §3; 2005 c.450 §6; 2009 c.595 §365; 2017 c.651 §43]


Last accessed
Mar. 11, 2023