125.065 Manner
of giving notice.
(1) Except as provided in ORS 125.060, notice of the filing of a petition must
be personally served on any respondent who has attained 14 years of age. Notice
of a petition must be personally served on the parents of a respondent if the
petition is based on the fact that the respondent is a minor. The notice may
not be served on the respondent by the visitor appointed by the court. The
notice shall be written in language reasonably understandable by the
respondent. The notice must be printed in type size equal to at least 12-point
type.
(2) Except as
provided in subsection (1) of this section, the notices required under ORS
125.060 may be mailed to the last-known address of the person. If the address
or identity of any person is not known and cannot be ascertained with
reasonable diligence, notice of the filing of a petition may be given by
publishing at least once a week for three consecutive weeks a copy of the
notice in a newspaper having general circulation in the county where the
hearing is to be held. The last publication of the notice must be at least 15
days before the final date for the filing of objections.
(3) The date of
personal service or mailing under this section must be at least 15 days before
the final date for the filing of objections to the petition or motion. If the
proceedings are subject to the Uniform Child Custody Jurisdiction and
Enforcement Act provided for in ORS 109.701 to 109.834, the date of service or
mailing must be at least 21 days before the final date for the filing of
objections to the petition or motion.
(4) The court for
good cause shown may provide for a different method or time of giving notice
under this section.
(5) Proof of the
giving of notice must be filed in the proceeding before the court enters any
order on a petition or motion. [1995 c.664 §9; 1999 c.649 §53; 2021 c.399 §5]
Notes of Decisions
Middleton v. Chaney, 57 P.3d 893 (Or. 2002).
· cites it 8× “060 and ORS 125.065 require. 1 Mother supported the petition, and the court appointed uncle and aunt as child’s guardians on October 30,1996.”
In Re Complaint as to the Conduct of Hartfield, 239 P.3d 992 (Or. 2010).
“See ORS 125.065(1) (providing that notice of the filing of the conservatorship petition must be personally served on the protected person); ORCP 7 E (requiring service by a disinterested third party).”
Spady v. Hawkins, 963 P.2d 125 (Or. Ct. App. 1998).
· cites it 3× “060(2)(a); ORS 125.065(1). Unless subject to the “immediate danger” exception, notice of a petition for the appointment of a temporary guardian must be served “at least two days before the appointment.”
Middleton v. Chaney, 34 P.3d 722 (Or. Ct. App. 2001).
· cites it 2× “060; ORS 125.065(1). The petitioner has a duty to “exercise * * * reasonable diligence” in attempting to ascertain the identity and address of the parents, and if the diligent search does not succeed the petitioner must attempt notice by publication.”
— Or. Rev. Stat. § 125.065(1) — 4 cases
In Re Complaint as to the Conduct of Hartfield, 239 P.3d 992 (Or. 2010).
“See ORS 125.065(1) (providing that notice of the filing of the conservatorship petition must be personally served on the protected person); ORCP 7 E (requiring service by a disinterested third party).”
Middleton v. Chaney, 57 P.3d 893 (Or. 2002).
“060 and ORS 125.065 require. 1 Mother supported the petition, and the court appointed uncle and aunt as child’s guardians on October 30,1996.”
Spady v. Hawkins, 963 P.2d 125 (Or. Ct. App. 1998).
“060(2)(a); ORS 125.065(1). Unless subject to the “immediate danger” exception, notice of a petition for the appointment of a temporary guardian must be served “at least two days before the appointment.”
Middleton v. Chaney, 34 P.3d 722 (Or. Ct. App. 2001).
“060; ORS 125.065(1). The petitioner has a duty to “exercise * * * reasonable diligence” in attempting to ascertain the identity and address of the parents, and if the diligent search does not succeed the petitioner must attempt notice by publication.”
— Or. Rev. Stat. § 125.065(2) — 2 cases
Middleton v. Chaney, 57 P.3d 893 (Or. 2002).
“060 and ORS 125.065 require. 1 Mother supported the petition, and the court appointed uncle and aunt as child’s guardians on October 30,1996.”
Middleton v. Chaney, 34 P.3d 722 (Or. Ct. App. 2001).
“060; ORS 125.065(1). The petitioner has a duty to “exercise * * * reasonable diligence” in attempting to ascertain the identity and address of the parents, and if the diligent search does not succeed the petitioner must attempt notice by publication.”
— Or. Rev. Stat. § 125.065(3) — 1 case
Spady v. Hawkins, 963 P.2d 125 (Or. Ct. App. 1998).
“060(2)(a); ORS 125.065(1). Unless subject to the “immediate danger” exception, notice of a petition for the appointment of a temporary guardian must be served “at least two days before the appointment.”
— Or. Rev. Stat. § 125.065(4) — 1 case
Spady v. Hawkins, 963 P.2d 125 (Or. Ct. App. 1998).
“060(2)(a); ORS 125.065(1). Unless subject to the “immediate danger” exception, notice of a petition for the appointment of a temporary guardian must be served “at least two days before the appointment.”
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