Juvenile Code: Dependency

ORS 419B.555
Hearing

  • notice to parent
  • duty to advise minor of liabilities of emancipated person
  • filing fee


(1)

The juvenile court shall conduct a preliminary hearing on the minor’s application for emancipation within 10 days of the date on which it is filed or as soon as possible thereafter. At the time of the preliminary hearing, the court may issue a temporary custody order, stay any pending proceedings or enter any other temporary order appropriate to the circumstances. No action of the court pursuant to this subsection may be extended beyond the date set for a final hearing.

(2)

The final hearing shall be held no later than 60 days or as soon as possible after the date on which the application is filed.

(3)

Notice to the parent or parents of the applicant shall be made pursuant to ORS 419B.812 (Issuance of summons) to 419B.839 (Required and discretionary summons).

(4)

At the preliminary hearing, the court shall advise the minor of the civil and criminal rights and civil and criminal liabilities of an emancipated minor. This advice shall be recited in the judgment of emancipation.

(5)

The hearing mentioned in subsection (2) of this section may be waived by the minor and parent or parents.

(6)

The filing fee established under ORS 21.135 (Standard filing fee) shall be charged and collected by the court for each application for emancipation. [1993 c.546 §135; 1997 c.801 §33; 2001 c.622 §51; 2003 c.576 §451; 2003 c.737 §§68,69; 2005 c.702 §§81,82,83; 2011 c.595 §64]

Notes of Decisions

Under Former Similar Statute

Preliminary hearing may be waived depsite express waiver provision being applicable only to final hearing. State ex rel Juv. Dept. v. Adams, 114 Or App 133, 834 P2d 492 (1992), 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)


Source

Last accessed
Jun. 26, 2021