Juvenile Code: Dependency

ORS 419B.500
Termination of parental rights generally

The parental rights of the parents of a ward may be terminated as provided in this section and ORS 419B.502 (Termination upon finding of extreme conduct) to 419B.524 (Effect of termination order), only upon a petition filed by the state or the ward for the purpose of freeing the ward for adoption if the court finds it is in the best interest of the ward. If an Indian child is involved, the termination of parental rights must be in compliance with the Indian Child Welfare Act. The rights of one parent may be terminated without affecting the rights of the other parent. [1993 c.33 §138; 1993 c.546 §56; 1997 c.873 §6; 2003 c.396 §83; 2011 c.438 §5]

Notes of Decisions

For purposes of filing petition, "child" includes child's attorney acting on behalf of child. Caldwell v. Lucas, 170 Or App 587, 13 P3d 560 (2000), Sup Ct review denied

§§ 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)


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Jun. 26, 2021