419A.200 Who
may appeal; time limitations; procedure; effect of filing appeal; record on
appeal; disclosure.
(1) Except as provided in ORS 419A.190, any person or entity, including, but
not limited to, a party to a juvenile court proceeding under ORS 419B.875 (1)
or 419C.285 (1), whose rights or duties are adversely affected by a judgment of
the juvenile court may appeal therefrom. An appeal from a circuit court must be
taken to the Court of Appeals, and an appeal from a county court must be taken
to the circuit court.
(2) If the
proceeding is in the circuit court and no record of the proceedings was kept,
the court, on motion made not later than 15 days after the entry of the court’s
judgment, shall grant a rehearing and shall direct that a record of the
proceedings be kept. However, the court may not grant a rehearing in a case
barred by ORS 419A.190 without the consent of the child, ward, youth or
adjudicated youth affected by such case. If a rehearing is held, the time for
taking an appeal runs from the date of entry of the court’s judgment after the
rehearing.
(3)(a) The appeal
may be taken by causing a notice of appeal, in the form prescribed by ORS
19.250, to be served:
(A) On all
parties who have appeared in the proceeding;
(B) On the trial
court administrator or other person serving as clerk of the juvenile court; and
(C) On the
juvenile court transcript coordinator, if a transcript is designated in
connection with the appeal.
(b) The original
of the notice with proof of service must be filed with:
(A) The Court of
Appeals if the appeal is from a circuit court; or
(B) The circuit
court if the appeal is from a county court.
(c) The notice
must be filed not later than 30 days after the entry of the court’s judgment.
On appeal from the county court, the circuit court shall hear the matter de
novo and its judgment is appealable to the Court of Appeals in the same manner
as if the proceeding had been commenced in the circuit court.
(4) The counsel
in the proceeding from which the appeal is being taken shall file and serve
those documents necessary to commence an appeal if the counsel is requested to
do so by the party the counsel represents. If the party requesting an appeal is
represented by court-appointed counsel, court-appointed counsel may discharge
the duty to commence an appeal under this subsection by complying with policies
and procedures established by the Oregon Public Defense Commission for appeals
of juvenile court judgments.
(5)(a) Upon
motion of a person, other than the state, entitled to appeal under subsection
(1) of this section, the appellate court shall grant the person leave to file a
notice of appeal after the time limits described in subsection (3) of this
section if:
(A) The person
shows a colorable claim of error in the proceeding from which the appeal is
taken; and
(B) The person
shows that the failure to file a timely notice of appeal is not personally
attributable to the person.
(b) A person
other than the state is not entitled to relief under this subsection for
failure to file timely notice of cross-appeal when the state appeals pursuant
to ORS 419A.208.
(c) The request
for leave to file a notice of appeal after the time limits prescribed in
subsection (3) of this section must be filed no later than 90 days after entry
of the judgment being appealed and must be accompanied by the notice of appeal
sought to be filed. A request for leave under this subsection may be filed by
mail and is deemed filed on the date of mailing if the request is mailed as
provided in ORS 19.260.
(d) The court may
not grant relief under this subsection unless the state has notice and
opportunity to respond to the person’s request for relief.
(6) An appeal to
the Court of Appeals must be conducted in the same manner as an appeal under
ORS chapter 19 except that the court shall advance the appeal on the court’s
docket in the same manner as appeals in criminal cases.
(7)(a) Except as
provided in ORS 419A.208 (2), or when otherwise ordered by the appellate court,
the filing of an appeal does not suspend an order or judgment of the juvenile
court nor discharge the ward or adjudicated youth from the custody of the person,
institution or agency in whose custody the ward or adjudicated youth may have
been placed nor preclude the juvenile court after notice and hearing from
entering such further orders relating to the ward or adjudicated youth’s
custody pending final disposition of the appeal as it finds necessary by reason
only of matters transpiring subsequent to the order or judgment appealed from.
The trial court administrator shall immediately file certified copies of any
such order or judgment with the Court of Appeals.
(b)
Notwithstanding the filing of an appeal from a jurisdictional or dispositional
judgment or an order entered pursuant to ORS 419B.449 or 419B.476, the juvenile
court may proceed with the adjudication of a petition seeking termination of
the parental rights of a parent of the ward who is subject to the judgment from
which the appeal is taken.
(c) The appeal of
any judgment entered in a termination of parental rights proceeding under
paragraph (b) of this subsection must be consolidated, if appropriate, with any
pending appeal of an order or judgment entered under ORS 419B.325, 419B.449 or
419B.476. The consolidated appeal must be conducted and advanced on the court’s
docket in the same manner as termination of parental rights cases.
(8) On appeal of
a judgment or final order, the appellate court may review any interlocutory
order that:
(a) Involves the
merits or necessarily affects the judgment or final order appealed from; and
(b) Was made
after entry of the last appealable judgment or final order preceding entry of
the judgment or final order being appealed.
(9) The district
attorney or Attorney General shall represent the state in the appeal.
(10)(a) The court
from which an appeal is taken shall prepare and transmit a record on appeal in
the manner provided in ORS 19.365, except that, when the appeal is to the
circuit court from a county court, the record on appeal shall be prepared and
transmitted by the county court to the circuit court.
(b) The court to
which an appeal is taken under this section shall keep a record of the case on
appeal that includes but is not limited to notices of appeal, briefs, motions,
orders of the court and other papers filed with the court on appeal.
(c) The record on
appeal prepared and transmitted under paragraph (a) of this subsection, when it
is in the custody of the court to which the appeal is taken, and the record of
the case on appeal kept under paragraph (b) of this subsection are subject to
the same limitations on inspection, copying and disclosure of records, reports
and materials as those set forth under ORS 419A.255.
(d) The court on
appeal may consent to disclosure of:
(A) Records
described in paragraph (a) of this subsection, while in the custody of the
court to which the appeal is taken, in the same manner and under the same
circumstances as the juvenile court consents to disclosure under ORS 419A.255;
(B) Records
described in paragraph (b) of this subsection; or
(C) An audio or
video recording prepared of an oral proceeding on appeal, in the same manner as
permitted under ORS 419A.256 (1)(b), (3) and (4).
(e)
Notwithstanding any other provision of law, any decision, as that term is
defined in ORS 19.450, issued by the Court of Appeals or the Supreme Court, on
appeal or review of a juvenile court decision, is not confidential and is not
exempt from disclosure. [1993 c.33 §47; 1995 c.79 §214; 1995 c.422 §66; 1997
c.389 §10; 1997 c.761 §5; 1999 c.263 §1; 1999 c.859 §15a; 2001 c.480 §§3,3a;
2001 c.910 §3; 2003 c.396 §28; 2007 c.58 §1; 2009 c.231 §6; 2009 c.484 §12;
2013 c.417 §8; 2014 c.71 §6; 2021 c.489 §46; 2023 c.281 §58]
Notes of Decisions
Dept. of Human Servs. v. C. M. H., 455 P.3d 576 (Or. Ct. App. 2019).
· cites it 12× “205(1) does not limit the type of juvenile court judgments that may be appealed under ORS 419A.200(1). Appellant’s rights or duties are adversely affected by the judgment, and the juvenile court was authorized under ORS 419B.”
State Ex Rel. State Off. for Servs. to Child. & Families v. Hammons, 10 P.3d 310 (Or. Ct. App. 2000).
· cites it 14× “This court asked mother’s new counsel to respond to the state’s motion to dismiss and to “address the issue of whether, with respect to the filing of a notice of appeal, mother was deprived of the effective assistance of counsel and, if so, whether the remedy for that…”
State Ex Rel. Juv. Dep't v. Balderas, 18 P.3d 434 (Or. Ct. App. 2001).
· cites it 8× “Under ORS 419A.200(3)(c), youth had 30 days from that date to file a notice of appeal from the order.”
State Ex Rel State Off. for Servs. to Child. & Families v. Williams, 7 P.3d 655 (Or. Ct. App. 2000).
· cites it 7× “476(6) (1997) provides that “\a\ny decision of the court made pursuant to the dispositional review hearing shall be a final order for the purposes of ORS 419A.200.” (Emphasis added.) The juvenile court’s order was made as part of a dispositional review hearing.”
State ex rel. Juv. Dep't v. Vockrodt, 934 P.2d 620 (Or. Ct. App. 1997).
· cites it 8× “449(3) provides that “[a]ny decision of the court made pursuant to the hearing provided in subsection (1) of this section shall be a final order for purposes of ORS 419A.200.” The hearing in this case was a hearing under ORS 419B.”
Miller v. Baldwin, 32 P.3d 234 (Or. Ct. App. 2001).
· cites it 4× “[7] ORS 419A.200(3)(c) generally requires the filing of a notice of appeal within 30 days after entry of a termination judgment, but ORS 419A.”
K. R. C. v. Three Affiliated Tribes, 238 P.3d 40 (Or. Ct. App. 2010).
· cites it 3× “1 As we will explain, we are bound by the trial court’s findings of fact if there is any evidence in the record to support them, but independently assess whether those findings are sufficient to support the trial court’s legal conclusion that “good cause” exists under the…”
Dept. of Human Servs. v. C. M. H., 486 P.3d 772 (Or. 2021).
· cites it 2× “But the court rejected that argument, concluding that the judgment was appealable under ORS 419A.200(1), which affords a right to appeal to “ ‘any per- son or entity * * * whose rights or duties are adversely affected by a judgment of the juvenile court.”
State ex rel. Dep't of Human Servs. v. Rardin, 110 P.3d 580 (Or. 2005).
· cites it 11× “For the foregoing reasons, we conclude that the Court of Appeals erred in denying father’s motion to file an untimely notice of appeal under ORS 419A.200 and in dismissing the appeal.”
State ex rel. Juv. Dep't v. M. U., 210 P.3d 254 (Or. Ct. App. 2009).
· cites it 15× “After we decided Hammons , however, the legislature amended ORS 419A.200 to eliminate the limitation—viz.”
— Or. Rev. Stat. § 419A.200(1) — 48 cases
Dept. of Human Servs. v. C. M. H., 455 P.3d 576 (Or. Ct. App. 2019).
“205(1) does not limit the type of juvenile court judgments that may be appealed under ORS 419A.200(1). Appellant’s rights or duties are adversely affected by the judgment, and the juvenile court was authorized under ORS 419B.”
State Ex Rel State Off. for Servs. to Child. & Families v. Williams, 7 P.3d 655 (Or. Ct. App. 2000).
“476(6) (1997) provides that “\a\ny decision of the court made pursuant to the dispositional review hearing shall be a final order for the purposes of ORS 419A.200.” (Emphasis added.) The juvenile court’s order was made as part of a dispositional review hearing.”
Dept. of Human Servs. v. C. M. H., 486 P.3d 772 (Or. 2021).
“But the court rejected that argument, concluding that the judgment was appealable under ORS 419A.200(1), which affords a right to appeal to “ ‘any per- son or entity * * * whose rights or duties are adversely affected by a judgment of the juvenile court.”
State ex rel. Juv. Dep't v. Vockrodt, 934 P.2d 620 (Or. Ct. App. 1997).
“449(3) provides that “[a]ny decision of the court made pursuant to the hearing provided in subsection (1) of this section shall be a final order for purposes of ORS 419A.200.” The hearing in this case was a hearing under ORS 419B.”
— Or. Rev. Stat. § 419A.200(10)(a) — 2 cases
— Or. Rev. Stat. § 419A.200(3) — 6 cases
State ex rel. Juv. Dep't v. M. U., 210 P.3d 254 (Or. Ct. App. 2009).
“After we decided Hammons , however, the legislature amended ORS 419A.200 to eliminate the limitation—viz.”
— Or. Rev. Stat. § 419A.200(3)(c) — 12 cases
Miller v. Baldwin, 32 P.3d 234 (Or. Ct. App. 2001).
“[7] ORS 419A.200(3)(c) generally requires the filing of a notice of appeal within 30 days after entry of a termination judgment, but ORS 419A.”
— Or. Rev. Stat. § 419A.200(4) — 7 cases
State Ex Rel. State Off. for Servs. to Child. & Families v. Hammons, 10 P.3d 310 (Or. Ct. App. 2000).
“This court asked mother’s new counsel to respond to the state’s motion to dismiss and to “address the issue of whether, with respect to the filing of a notice of appeal, mother was deprived of the effective assistance of counsel and, if so, whether the remedy for that…”
State ex rel. Juv. Dep't v. M. U., 210 P.3d 254 (Or. Ct. App. 2009).
“After we decided Hammons , however, the legislature amended ORS 419A.200 to eliminate the limitation—viz.”
— Or. Rev. Stat. § 419A.200(4)(a) — 8 cases
State Ex Rel. State Off. for Servs. to Child. & Families v. Hammons, 10 P.3d 310 (Or. Ct. App. 2000).
“This court asked mother’s new counsel to respond to the state’s motion to dismiss and to “address the issue of whether, with respect to the filing of a notice of appeal, mother was deprived of the effective assistance of counsel and, if so, whether the remedy for that…”
State ex rel. Juv. Dep't v. M. U., 210 P.3d 254 (Or. Ct. App. 2009).
“After we decided Hammons , however, the legislature amended ORS 419A.200 to eliminate the limitation—viz.”
— Or. Rev. Stat. § 419A.200(4)(c) — 5 cases
State Ex Rel. State Off. for Servs. to Child. & Families v. Hammons, 10 P.3d 310 (Or. Ct. App. 2000).
“This court asked mother’s new counsel to respond to the state’s motion to dismiss and to “address the issue of whether, with respect to the filing of a notice of appeal, mother was deprived of the effective assistance of counsel and, if so, whether the remedy for that…”
Miller v. Baldwin, 32 P.3d 234 (Or. Ct. App. 2001).
“[7] ORS 419A.200(3)(c) generally requires the filing of a notice of appeal within 30 days after entry of a termination judgment, but ORS 419A.”
State ex rel. Juv. Dep't v. M. U., 210 P.3d 254 (Or. Ct. App. 2009).
“After we decided Hammons , however, the legislature amended ORS 419A.200 to eliminate the limitation—viz.”
— Or. Rev. Stat. § 419A.200(5) — 73 cases
— Or. Rev. Stat. § 419A.200(5)(a) — 5 cases
State ex rel. Dep't of Human Servs. v. Rardin, 110 P.3d 580 (Or. 2005).
“For the foregoing reasons, we conclude that the Court of Appeals erred in denying father’s motion to file an untimely notice of appeal under ORS 419A.200 and in dismissing the appeal.”
— Or. Rev. Stat. § 419A.200(5)(a)(A) — 7 cases
State ex rel. Dep't of Human Servs. v. Rardin, 110 P.3d 580 (Or. 2005).
“For the foregoing reasons, we conclude that the Court of Appeals erred in denying father’s motion to file an untimely notice of appeal under ORS 419A.200 and in dismissing the appeal.”
State ex rel. Juv. Dep't v. M. U., 210 P.3d 254 (Or. Ct. App. 2009).
“After we decided Hammons , however, the legislature amended ORS 419A.200 to eliminate the limitation—viz.”
— Or. Rev. Stat. § 419A.200(5)(a)(B) — 2 cases
State ex rel. Juv. Dep't v. M. U., 210 P.3d 254 (Or. Ct. App. 2009).
“After we decided Hammons , however, the legislature amended ORS 419A.200 to eliminate the limitation—viz.”
— Or. Rev. Stat. § 419A.200(5)(b) — 1 case
— Or. Rev. Stat. § 419A.200(5)(c) — 4 cases
State ex rel. Dep't of Human Servs. v. Rardin, 110 P.3d 580 (Or. 2005).
“For the foregoing reasons, we conclude that the Court of Appeals erred in denying father’s motion to file an untimely notice of appeal under ORS 419A.200 and in dismissing the appeal.”
— Or. Rev. Stat. § 419A.200(6) — 67 cases
K. R. C. v. Three Affiliated Tribes, 238 P.3d 40 (Or. Ct. App. 2010).
“1 As we will explain, we are bound by the trial court’s findings of fact if there is any evidence in the record to support them, but independently assess whether those findings are sufficient to support the trial court’s legal conclusion that “good cause” exists under the…”
— Or. Rev. Stat. § 419A.200(6)(a) — 3 cases
— Or. Rev. Stat. § 419A.200(6)(b) — 89 cases
— Or. Rev. Stat. § 419A.200(7) — 5 cases
— Or. Rev. Stat. § 419A.200(7)(a) — 2 cases
— Or. Rev. Stat. § 419A.200(8) — 1 case
Th v. Mpb, 175 P.3d 1017 (Or. Ct. App. 2008).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.