419B.195
Appointment of counsel for child or ward; access of appointed counsel to
records of child or ward.
(1) If the child, ward, parent or guardian requests counsel for the child or
ward but is without sufficient financial means to employ suitable counsel
possessing skills and experience commensurate with the nature of the petition
and the complexity of the case, the court may appoint suitable counsel to
represent the child or ward at state expense if the child or ward is determined
to be financially eligible under the policies, procedures, standards and
guidelines of the Oregon Public Defense Commission. Whenever requested to do
so, the court shall appoint counsel to represent the child or ward in a case
filed pursuant to ORS 419B.100. The court may not substitute one appointed
counsel for another except pursuant to the policies, procedures, standards and
guidelines of the Oregon Public Defense Commission.
(2) Upon
presentation of the order of appointment under this section by the attorney for
the child or ward, any agency, hospital, school organization, division or
department of the state, doctor, nurse or other health care provider,
psychologist, psychiatrist, police department or mental health clinic shall
permit the attorney to inspect and copy any records of the child or ward
involved in the case, without the consent of the child or ward or parents. This
subsection does not apply to records of a police agency relating to an ongoing
investigation prior to charging. [1993 c.33 §72; 1993 c.234 §1; 1993 c.546 §38;
2001 c.962 §43; 2003 c.396 §§44,45; 2003 c.449 §§9,46; 2023 c.281 §63]
Notes of Decisions
Dept. of Human Servs. v. C. M. H., 486 P.3d 772 (Or. 2021).
“, ORS 419B.195(1) (describing when court must “appoint counsel to represent the child or ward in a case filed pursuant to ORS 419B.”
State Ex Rel State Off. for Servs. to Child. & Families v. Williams, 7 P.3d 655 (Or. Ct. App. 2000).
· cites it 2× “ORS 419B.195 provides: “(1) If the child, the parent or guardian requests counsel for the child but is without sufficient financial means to employ suitable counsel possessing skills and experience commensurate with the nature of the petition and the complexity of the case, the…”
State Ex Rel. Juv. Dep't v. Kopp, 43 P.3d 1197 (Or. Ct. App. 2002).
“420, and which provided, in part: “(1) * * * notice and a hearing as provided in ORS 419B.195, 419B.198, 419B.201, 419B.205, 419B.”
In Re Complaint as to the Conduct of Harris, 49 P.3d 778 (Or. 2002).
“The accused points out that Oregon law requires appointed counsel in other adversarial settings, such as juvenile cases, ORS 419B.195, termination of parental rights cases, ORS 419B.”
State Ex Rel. Juv. Dep't v. Cowens, 922 P.2d 1258 (Or. Ct. App. 1996).
“115(1)(a) and ORS 419B.195 (granting children party status and right to appointment of independent counsel in dependency proceedings).”
Caldwell v. Lucas, 13 P.3d 560 (Or. Ct. App. 2000).
“ORS 419B.195(1), for example, *597 provides that either a child or a child’s guardian may request the court to appoint counsel to act on his or her behalf.”
— Or. Rev. Stat. § 419B.195(1) — 2 cases
Dept. of Human Servs. v. C. M. H., 486 P.3d 772 (Or. 2021).
“, ORS 419B.195(1) (describing when court must “appoint counsel to represent the child or ward in a case filed pursuant to ORS 419B.”
Caldwell v. Lucas, 13 P.3d 560 (Or. Ct. App. 2000).
“ORS 419B.195(1), for example, *597 provides that either a child or a child’s guardian may request the court to appoint counsel to act on his or her behalf.”
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