Juvenile Code: Dependency

ORS 419B.822
Form of summons under ORS 419B.819


The summons for appearance in a proceeding to establish permanent guardianship under ORS 419B.365 (Permanent guardianship) or to terminate 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) must be in substantially the following form:

IN THE CIRCUIT COURT
OF THE STATE OF OREGON
FOR ____________ COUNTY
In the Matter of )
) No.
) Petition No.
)
A Child. ) SUMMONS
TO: Name and address
IN THE NAME OF THE STATE OF OREGON:
You are directed:
___ To appear in person before this Court at _______________ (address), Courtroom #_____, _______________, Oregon, on: the _____ day of _____, 2___, at ___ o’clock __.m. for a hearing on the allegations of the petition and at any subsequent court-ordered hearing. You must appear personally in the courtroom on the date and at the time listed above. An attorney may not attend the hearing in your place.
___ To appear in person before this Court at _______________ (address), Courtroom #_____, _______________, Oregon, on: the _____ day of _____, 2___, at ___ o’clock __.m. to admit or deny the allegations of the petition and at any subsequent court-ordered hearing. You must appear personally in the courtroom on the date and at the time listed above. An attorney may not attend the hearing in your place.
___ To file a written answer to the petition no later than 30 days after the date you were served with this summons and to appear at any court-ordered hearing. An attorney may not attend any court-ordered hearing in your place.
NOTICE:
READ THESE PAPERS CAREFULLY!!
A petition has been filed to:
___ Establish a permanent guardianship under ORS 419B.365 (Permanent guardianship).
___ Terminate your 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).
A copy of the petition is attached.
If you do not appear or file a written answer as directed above, or do not appear at any subsequent court-ordered hearing, the Court may proceed without further notice and (establish a permanent guardianship) (terminate your parental rights) either on the date specified in this summons or on a future date, and make such orders and take such action as authorized by law.
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. If you are represented by an attorney, it is your responsibility to maintain contact with your attorney and to keep your attorney advised of your whereabouts.
If this summons requires you to appear before the court to admit or deny the allegations of the petition or requires you to file a written answer to the petition and you contest the petition, the court will schedule a hearing on the allegations of the petition and order you to appear personally and may schedule other hearings related to the petition and order you to appear personally. If you are ordered to appear, you must appear personally in the courtroom, unless the court has granted you an exception in advance under ORS 419B.918 (Manner of appearance) to appear by other means including, but not limited to, telephonic or other electronic means.
By: (Name and Title)
Date Issued: ____________

[2003 c.205 §7; 2007 c.497 §8]
§§ 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