Oregon Revised Statutes

Or. Rev. Stat. § 419B.205 (2026)

Appointment of counsel for parent or legal guardian

✓ current as of May 2026

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419B.205 Appointment of counsel for parent or legal guardian. (1) Counsel shall be appointed for the parent or legal guardian whenever the nature of the proceedings and due process so require, and when the parent or legal guardian has been determined by the court to be eligible to receive appointed counsel under the standard in ORS 135.050 or the policies, procedures, standards and guidelines adopted under ORS 151.216. In deciding whether to appoint counsel under this section, the court shall consider the following factors:

(a) The duration and degree of invasiveness of the interference with the parent-child relationship that possibly could result from the proceeding;

(b) The complexity of the issues and evidence;

(d) The effect the facts found or the disposition in the proceeding may have on later proceedings or events, including but not limited to termination of parental rights or criminal proceedings.

(2) The court may not substitute one appointed counsel for another except pursuant to the policies, procedures, standards and guidelines adopted under ORS 151.216. [1993 c.33 §75; 2001 c.962 §46; 2003 c.449 §§11,47]

Notes of Decisions

Cited in 20 cases (11 in the last 5 years), 2006–2026 · leading case: Dep't of Human Servs. v. T. L., 369 P.3d 1159 (Or. 2016).

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Dep't of Human Servs. v. T. L., 369 P.3d 1159 (Or. 2016). · cites it 6× “Against that backdrop, we turn to ORS 419B.205. Because that statute directs courts to consider specific criteria in determining whether to appoint counsel for parents in dependency proceedings rather than termination proceedings, we initially consider whether, when counsel is…”

Dept. of Human Servs. v. P. G., 348 Or. App. 398 (Or. Ct. App. 2026). · cites it 18× “My slight hesitation is that ORS 419B.205 says in some circumstances you are— have a—you have a right to have an attorney, but there’s certain elements that have to be considered.”

State ex rel. Juv. Dep't v. M. U., 210 P.3d 254 (Or. Ct. App. 2009). · cites it 3× “As a result, mother’s statutory right to adequate counsel—if, indeed, she has one under ORS 419B.205—would not be “illusory,” as was the case in Hammons, 169 Or App at 593-94 , due to the lack of any procedure for remedying the asserted inadequacy.”

Keffer v. A. R. M., 497 P.3d 781 (Or. Ct. App. 2021). “See ORS 419B.205 (appointment of counsel for parent or legal guardian).”

Dept. of Human Servs. v. J. S., 339 Or. App. 695 (Or. Ct. App. 2025). · cites it 4× “205 provides: “(1) Counsel shall be appointed for the parent or legal guardian when- ever the nature of the proceedings and due process so require, and when the parent or legal guardian has been determined by the court to be eligible to receive appointed counsel under the…”

Dept. of Human Servs. v. E. L. P., 336 Or. App. 751 (Or. Ct. App. 2024). · cites it 3× “ORS 419B.205 addresses the right to counsel in dependency proceedings other than termination of parental rights.”

Dep't of Human Servs. v. S. C. P., 324 P.3d 633 (Or. Ct. App. 2014). “Mother’s attorney continued to represent her during the proceeding to terminate her parental rights and mother’s signing of the relinquishment agreements.”

State v. N. L., 239 P.3d 255 (Or. Ct. App. 2010). “Charles/Austin, 106 Or App 628, 633-34 , 810 P3d 389 , rev den, 312 Or 150 (1991) (applying the same principles in an appeal arising from a jurisdictional hearing); see also ORS 419B.205 (providing for appointment of counsel for parents).”

Dept. of Human Servs. v. R. R. R., 340 Or. App. 658 (Or. Ct. App. 2025). · cites it 2× “, 339 Or App 695, 703-04 , ___ P3d ___ (2025), the right to counsel in juvenile depen- dency proceedings is derived from the Due Process Clause of the Fourteenth Amendment, and ORS 419B.205 governs the right to counsel in dependency proceedings other than those to terminate…”

Dept. of Human Servs. v. T. S., 348 Or. App. 481 (Or. Ct. App. 2026). · cites it 2× “Under 2 The parties spent significant time at oral argument debating the existence and relevance of a June 11, 2024, ex parte hearing where mother might or might not have engaged in an on-the-record waiver colloquy with the juvenile court.”

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— Or. Rev. Stat. § 419B.205(1) — 9 cases

Dep't of Human Servs. v. T. L., 369 P.3d 1159 (Or. 2016). “Against that backdrop, we turn to ORS 419B.205. Because that statute directs courts to consider specific criteria in determining whether to appoint counsel for parents in dependency proceedings rather than termination proceedings, we initially consider whether, when counsel is…”

Dept. of Human Servs. v. P. G., 348 Or. App. 398 (Or. Ct. App. 2026). “My slight hesitation is that ORS 419B.205 says in some circumstances you are— have a—you have a right to have an attorney, but there’s certain elements that have to be considered.”

Dept. of Human Servs. v. E. L. P., 336 Or. App. 751 (Or. Ct. App. 2024). “ORS 419B.205 addresses the right to counsel in dependency proceedings other than termination of parental rights.”

Dept. of Human Servs. v. T. S., 348 Or. App. 481 (Or. Ct. App. 2026). “Under 2 The parties spent significant time at oral argument debating the existence and relevance of a June 11, 2024, ex parte hearing where mother might or might not have engaged in an on-the-record waiver colloquy with the juvenile court.”

— Or. Rev. Stat. § 419B.205(1)(a) — 2 cases

State Ex Rel. Juv. Dept. v. Mu, 210 P.3d 254 (Or. Ct. App. 2009).

— Or. Rev. Stat. § 419B.205(1)(d) — 2 cases

Dept. of Human Servs. v. J. S., 339 Or. App. 695 (Or. Ct. App. 2025). “205 provides: “(1) Counsel shall be appointed for the parent or legal guardian when- ever the nature of the proceedings and due process so require, and when the parent or legal guardian has been determined by the court to be eligible to receive appointed counsel under the…”

— Or. Rev. Stat. § 419B.205(2) — 2 cases

Dept. of Human Servs. v. T. L. (Or. 2016).

— Or. Rev. Stat. § 419B.205(l)(a) — 1 case

State ex rel. Juv. Dep't v. M. U., 210 P.3d 254 (Or. Ct. App. 2009). “As a result, mother’s statutory right to adequate counsel—if, indeed, she has one under ORS 419B.205—would not be “illusory,” as was the case in Hammons, 169 Or App at 593-94 , due to the lack of any procedure for remedying the asserted inadequacy.”

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