419A.253 When
information in report, material or document considered by court must be
identified in record.
(1) When, for the purpose of a hearing or proceeding that will result in the
entry of an order or judgment, the juvenile court intends to rely upon
information in any report, material or document, including information in the
supplemental confidential file, and no party has offered the report, material
or document as an exhibit or asked the court to take judicial notice of a fact
or law in the information pursuant to ORS 40.060 to 40.085 and 40.090, the
court shall:
(a) Identify on
the record the report, material or document, or information in the report,
material or document, upon which the court intends to rely; and
(b) Subject to
the court’s ruling on objections by the parties, either:
(A) Take judicial
notice of a fact or law in the information pursuant to ORS 40.060 to 40.085 and
40.090; or
(B) Cause the
report, material or document, or a part of the report, material or document, to
be marked and received as an exhibit.
(2) If the court
takes judicial notice of a fact or law under subsection (1) of this section,
the court shall cause a list to be made that reasonably identifies, by
reference to the source, any fact or law that is judicially noticed. The court
may include the list in the order or judgment or set out the contents of the
list in a separate document attached to the order or judgment.
(3) An exhibit
marked and received under subsection (1) of this section and a list made under
subsection (2) of this section are part of the record of the case maintained by
the clerk of the court under ORS 419A.255 (1).
(4) If an appeal
is taken from the order or judgment following the hearing or proceeding and the
designation of record on appeal includes exhibits, the court or the trial court
administrator shall cause the following to be transmitted to the appellate court
as part of the record of the case on appeal:
(a) Exhibits;
(b) The list
described in subsection (2) of this section; and
(c) Any report,
material or document containing judicially noticed facts or law as identified
on the list made under subsection (2) of this section. [2005 c.451 §2; 2013
c.417 §2]
Notes of Decisions
Dept. of Human Servs. v. M. M., 335 Or. App. 488 (Or. Ct. App. 2024).
· cites it 7× “The juvenile court was required under ORS 419A.253 to make a proper record of the judicially noticed facts.”
Dept. of Human Servs. v. T. J. N., 323 Or. App. 258 (Or. Ct. App. 2022).
“Children make additional arguments concerning the adequacy of the record for review, and they raise an alter- native cross-assignment concerning the court’s compliance with ORS 419A.253. For the reasons that follow, we do not reach the merits of this appeal because it is moot,…”
State v. G. K. C., 494 P.3d 1038 (Or. Ct. App. 2021).
· cites it 6× “Youth appeals the order requiring him to register as a sex offender, contending that the court erred by not “making, maintaining, or transmitting a record of the evidence as required by ORS 419A.253.” Youth also con- tends that he was prejudiced by the court’s error because the…”
Dep't of Human Servs. v. S. A., 281 P.3d 655 (Or. Ct. App. 2012).
“” Neither party contends on appeal that ORS 419A.253 — which requires the court either to take judicial notice of certain reports and materials on a ward’s “history and prognosis” or to formally receive them into evidence — applies in this case.”
Dept. of Human Servs. v. R. O., 504 P.3d 674 (Or. Ct. App. 2022).
“On appeal, father argues that the court improperly relied upon the shelter affidavit because it was not formally entered into evidence, and the court did not comply with the requirements of ORS 419A.253 (outlining court’s duty when the court relies on information that no party…”
Dep't of Human Servs. v. A. A., 366 P.3d 801 (Or. Ct. App. 2016).
· cites it 2× “” Father asserts that, although ORS 419A.253 and OEC 201(b) would have authorized “the court to take judicial notice of facts ‘not subject to reasonable dispute’ and ‘capable of accurate and ready determination by a source whose accuracy cannot reasonably be questioned,”’ no…”
— Or. Rev. Stat. § 419A.253(1) — 1 case
State v. G. K. C., 494 P.3d 1038 (Or. Ct. App. 2021).
“Youth appeals the order requiring him to register as a sex offender, contending that the court erred by not “making, maintaining, or transmitting a record of the evidence as required by ORS 419A.253.” Youth also con- tends that he was prejudiced by the court’s error because the…”
— Or. Rev. Stat. § 419A.253(2) — 2 cases
Dept. of Human Servs. v. M. M., 335 Or. App. 488 (Or. Ct. App. 2024).
“The juvenile court was required under ORS 419A.253 to make a proper record of the judicially noticed facts.”
State v. G. K. C., 494 P.3d 1038 (Or. Ct. App. 2021).
“Youth appeals the order requiring him to register as a sex offender, contending that the court erred by not “making, maintaining, or transmitting a record of the evidence as required by ORS 419A.253.” Youth also con- tends that he was prejudiced by the court’s error because the…”
— Or. Rev. Stat. § 419A.253(3) — 1 case
State v. G. K. C., 494 P.3d 1038 (Or. Ct. App. 2021).
“Youth appeals the order requiring him to register as a sex offender, contending that the court erred by not “making, maintaining, or transmitting a record of the evidence as required by ORS 419A.253.” Youth also con- tends that he was prejudiced by the court’s error because the…”
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