Effect of summons; to whom issued
(1)The summons shall require the person or persons who have physical custody of the youth to appear and bring the youth before the court at the time and place stated in the summons. The time for the hearing on the petition shall be fixed at a reasonable time, not less than 24 hours, after the issuance of the summons. If it appears to the court that the welfare of the youth or of the public requires that the youth immediately be taken into custody, the court may indorse an order on the summons as provided in ORS 419C.080 (Custody) (2) directing the officer serving it to take the youth into custody.
(2)(a) Summons shall be issued to the legal parents of the youth, without regard to who has legal or physical custody of the youth, and to the legal guardians, if any, of the youth.
(b)Parents or guardians summoned pursuant to paragraph (a) of this subsection shall appear personally pursuant to the summons. Following the initial appearance, parents or guardians shall appear as directed by the court.
(c)An employer may not discharge, threaten to discharge, intimidate or coerce any employee by reason of the employee’s attendance at a juvenile court hearing as required under paragraph (a) of this subsection.
(d)This subsection may not be construed to alter or affect an employer’s policies or agreements with employees concerning employees’ wages during times when an employee attends a juvenile court hearing under paragraph (a) of this subsection.
(3)If the youth is 12 years of age or older, a certified copy of the summons shall be served upon the youth. If the petition alleges that the youth is within the jurisdiction of the court for having violated ORS 471.430 (Purchase or possession of alcoholic beverages by person under 21), the summons must contain a statement that, if the youth fails to appear as required in the summons, the driving privileges of the youth are subject to suspension under ORS 419C.472 (Suspension of driving privileges).
(4)Summons may be issued requiring the appearance of any person whose presence the court deems necessary. When a summons is issued to a youth pursuant to a petition alleging jurisdiction under ORS 419C.005 (Jurisdiction), a copy of the summons shall be mailed to all victims whose names appear on the petition pursuant to ORS 419C.255 (Facts to be pleaded) (2). The copy of the summons shall be accompanied by a notice that the victim may be present for the youth’s appearance before the court and is entitled to request and receive notification of future hearings before the court in regard to the particular case. The copy of the summons shall also be accompanied by a notice informing the victim of the provisions of ORS 30.765 (Liability of parents for tort by child). [1993 c.33 §204; 1993 c.546 §74; 1999 c.965 §1; 2001 c.686 §12; 2001 c.817 §7; 2003 c.687 §13]
Law Review Citations
Under Former Similar Statutes
56 OLR 428 (1977); 16 WLR 417 (1979)