Manner of appearance
(1)Notwithstanding ORS 419B.815 (Summons for proceeding to establish jurisdiction under ORS 419B.100), 419B.816 (Notice to person contesting petition to establish jurisdiction), 419B.819 (Summons for proceeding to establish permanent guardianship or terminate parental rights) and 419B.820 (Notice to parent contesting petition to establish permanent guardianship or terminate parental rights), on timely written motion of a person showing good cause, a court may permit the person, instead of appearing personally, to participate in any hearing related to a petition alleging jurisdiction under ORS 419B.100 (Jurisdiction), a petition to establish a permanent guardianship under ORS 419B.365 (Permanent guardianship) or a petition seeking termination of 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) in any manner that complies with the requirements of due process including, but not limited to, telephonic or other electronic means.
(2)If a person who is summoned or ordered to appear under ORS 419B.815 (Summons for proceeding to establish jurisdiction under ORS 419B.100), 419B.816 (Notice to person contesting petition to establish jurisdiction), 419B.819 (Summons for proceeding to establish permanent guardianship or terminate parental rights) or 419B.820 (Notice to parent contesting petition to establish permanent guardianship or terminate parental rights) seeks to reschedule any hearing at which the person is required to appear, the person must:
(a)Appear personally at the time specified in the summons or order to request the change; or
(b)Include in the person’s written motion requesting the change the person’s current mailing address, to which the court may send notice of the new date for the hearing if the motion is granted.
(3)In any proceeding that involves the interstate placement of a child or ward, the court may:
(a)Permit a party from outside this state to provide information, testify or otherwise participate in the proceeding in any manner the court designates, provided the party complies with subsection (1) of this section, if applicable;
(b)Permit an attorney from outside this state representing any party to participate in the proceeding in any manner the court designates; and
(c)Obtain information or testimony in any manner the court designates from a state or private agency located in another state.
(4)Intentionally left blank —Ed.
(a)Notwithstanding subsections (1) and (3) of this section, a party to a proceeding involving an Indian child may move the court to permit the party or any witness for the moving party to participate remotely or to provide remote location testimony.
(b)Subject to ORS 45.400 (Remote location testimony), the court may allow the moving party or a witness for the moving party to give remote location testimony.
(c)If the moving party will not be providing testimony and if facilities are available that would permit the moving party to participate remotely, the court shall allow the moving party to participate remotely.
(d)As used in this subsection:
(A)“Participate remotely” means to participate, other than by testifying, from a physical location outside of the courtroom of record via simultaneous electronic transmission.
(B)“Remote location testimony” has the meaning given that term in ORS 45.400 (Remote location testimony).
(C)“Simultaneous electronic transmission” means television, telephone or any other form of electronic communication transmission if the form of transmission allows the court, the attorneys and the party participating remotely to communicate with each other during the proceeding. [2003 c.205 §13 (enacted in lieu of 419B.917); 2007 c.497 §9; 2007 c.611 §10; 2020 s.s.1 c.14 §42]
Section 419B.918 — Manner of appearance,
Notes of Decisions
Under former similar statute (ORS 419B.917)
Where guardian ad litem appears on behalf of incapacitated parent and objects to summary termination of parental rights, court may not summarily adjudicate termination petition but must proceed to full adversarial trial. State ex rel Juvenile Dept. v. Cooper, 188 Or App 588, 72 P3d 674 (2003)