419B.310
Conduct of hearings.
(1) The hearing shall be held by the court without a jury and may be continued
from time to time. During the hearing of a case filed pursuant to ORS 419B.100,
the court, on its own motion or upon the motion of a party, may take testimony
from any child appearing as a witness and may exclude the child’s parents and
other persons if the court finds such action would be likely to be in the best
interests of the child. However, the court may not exclude the attorney for
each party and the testimony shall be reported.
(2) Stenographic
notes or other report of the hearings shall be taken only when required by the
court.
(3)(a) Except as
otherwise provided in this section, the facts alleged in the petition showing
the child to be within the jurisdiction of the court as provided in ORS
419B.100 (1), unless admitted, must be established:
(A) By a
preponderance of competent evidence; or
(B) If the child
is an Indian child, by clear and convincing competent evidence.
(b) The evidence
under paragraph (a)(B) of this section must:
(A) Include
testimony of one or more qualified expert witnesses under ORS 419B.642,
demonstrating that the Indian child’s continued custody by the child’s parent
or custody by the child’s Indian custodian is likely to result in serious
emotional or physical damage to the Indian child; and
(B) Show a causal
relationship between the particular conditions in the Indian child’s home and
the likelihood that the continued custody of the Indian child by the child’s
parent or custody by the child’s Indian custodian will result in serious
emotional or physical damage to the particular Indian child who is the subject
of the child custody proceeding, as defined in ORS 419B.603. Evidence that
shows the existence of community or family poverty, isolation, single
parenthood, custodian age, crowded or inadequate housing, substance abuse or
nonconforming social behavior does not, by itself, establish a causal
relationship as required by this paragraph.
(c) As used in
this subsection, “custody” and “continued custody” have the meanings described
in ORS 419B.606.
(4) If the court
finds under ORS 419B.305 (2), or at any time prior to the commencement of the
hearing, that there is reason to know that the child is an Indian child, the
jurisdictional requirements of ORS 419B.305 and 419B.627 must be met before the
court may assume jurisdiction of the case. [1993 c.33 §101; 1993 c.546 §51;
2001 c.622 §54; 2020 s.s.1 c.14 §35; 2021 c.398 §70]
419B.315 [1993 c.546 §53; 2001 c.622 §55;
renumbered 419B.884 in 2001]
419B.317 [1993 c.33 §102; repealed by 2001
c.622 §57]
419B.320 [1993 c.33 §103; 2001 c.104 §151;
2001 c.338 §1; 2001 c.962 §48; renumbered 419B.908 in 2001]
(Disposition)
Notes of Decisions
Dept. of Human Servs. v. C. H., 373 Or. 26 (Or. 2024).
· cites it 2× “476(1) (requiring the permanency hearing to be conducted in accordance with ORS 419B.310); ORS 419B.310(3)(a)(A) (requiring that “the facts alleged in the petition showing the child to be within the jurisdiction of the court * * * must be established,” as pertinent here, “[b] y…”
Dep't of Human Servs. v. A. R. S., 310 P.3d 1186 (Or. Ct. App. 2013).
· cites it 3× “The statute also provides that “[t]he court shall conduct a hearing provided in subsection (1) of this section in the manner provided in ORS 419B.310, except that the court may receive testimony and reports as provided in ORS 419B.”
Dep't of Human Servs. v. S.J.M. (In re L.B.M.), 430 P.3d 1021 (Or. 2018).
“521(1), requiring DHS to prove by clear and convincing evidence "[t]he facts on the basis of which the rights of the parents are terminated;" ORS 419B.310(3), requiring **55 that jurisdictional facts "must be established by a preponderance of competent evidence;" and ORS 419B.”
Dep't of Human Servs. v. S. C. T., 380 P.3d 1211 (Or. Ct. App. 2016).
· cites it 2× “” See ORS 419B.310(3) (unless admitted, the facts showing child within the jurisdiction of the court must be established by a preponderance of the evidence).”
Dep't of Human Servs. v. S. P., 275 P.3d 979 (Or. Ct. App. 2012).
· cites it 2× “100); ORS 419B.310(3) (facts alleging that a child is within the jurisdiction of the juvenile court under ORS 419B.”
State v. Berg, 196 P.3d 547 (Or. Ct. App. 2008).
· cites it 2× “” 4 Subsection (3) of ORS 419B.310, which outlines certain requirements for jurisdictional hearings, provides, in part, “The facts alleged in the petition showing the child to be within the jurisdiction of the court as provided in ORS 419B.”
Dep't of Human Servs. v. K. C. F., 383 P.3d 931 (Or. Ct. App. 2016).
“” The court assumed jurisdiction and ordered both parents to participate in a psychological evaluation and services to address domestic violence.”
Dept. of Human Servs. v. W. C. T., 501 P.3d 44 (Or. Ct. App. 2021).
“305, the court must hold a hearing, receive evidence, find or reject jurisdiction, and determine disposition of the matter, ORS 419B.310; ORS 419B.325. It is at this jurisdictional hearing that the court determines whether jurisdictional allegations are proven, and, like the…”
Dept. of Human Servs. v. C. M. H., 455 P.3d 576 (Or. Ct. App. 2019).
· cites it 2× “, ORS 419B.310(3) (requiring “facts alleged in the petition showing the child to be within the jurisdiction” to be “established by a preponderance of competent evidence”); see also Chandler v.”
Dep't of Human Servs. v. W. A. C., 328 P.3d 769 (Or. Ct. App. 2014).
“” ORS 419B.310(3). A juvenile court’s determination that a child is within the jurisdiction of the court affects the rights of the parents.”
Dep't of Human Servs. v. D. D., 241 P.3d 1177 (Or. Ct. App. 2010).
· cites it 2× “449 provides, in part: “(2) The court shall conduct a hearing provided in subsection (1) of this section in the manner provided in ORS 419B.310, except that the court may receive testimony and reports as provided in ORS 419B.”
— Or. Rev. Stat. § 419B.310(1) — 3 cases
— Or. Rev. Stat. § 419B.310(3) — 37 cases
Dep't of Human Servs. v. S.J.M. (In re L.B.M.), 430 P.3d 1021 (Or. 2018).
“521(1), requiring DHS to prove by clear and convincing evidence "[t]he facts on the basis of which the rights of the parents are terminated;" ORS 419B.310(3), requiring **55 that jurisdictional facts "must be established by a preponderance of competent evidence;" and ORS 419B.”
Dep't of Human Servs. v. S. C. T., 380 P.3d 1211 (Or. Ct. App. 2016).
“” See ORS 419B.310(3) (unless admitted, the facts showing child within the jurisdiction of the court must be established by a preponderance of the evidence).”
Dep't of Human Servs. v. S. P., 275 P.3d 979 (Or. Ct. App. 2012).
“100); ORS 419B.310(3) (facts alleging that a child is within the jurisdiction of the juvenile court under ORS 419B.”
Dep't of Human Servs. v. A. R. S., 310 P.3d 1186 (Or. Ct. App. 2013).
“The statute also provides that “[t]he court shall conduct a hearing provided in subsection (1) of this section in the manner provided in ORS 419B.310, except that the court may receive testimony and reports as provided in ORS 419B.”
Dep't of Human Servs. v. K. C. F., 383 P.3d 931 (Or. Ct. App. 2016).
“” The court assumed jurisdiction and ordered both parents to participate in a psychological evaluation and services to address domestic violence.”
— Or. Rev. Stat. § 419B.310(3)(A) — 2 cases
— Or. Rev. Stat. § 419B.310(3)(a)(A) — 11 cases
Dept. of Human Servs. v. C. H., 373 Or. 26 (Or. 2024).
“476(1) (requiring the permanency hearing to be conducted in accordance with ORS 419B.310); ORS 419B.310(3)(a)(A) (requiring that “the facts alleged in the petition showing the child to be within the jurisdiction of the court * * * must be established,” as pertinent here, “[b] y…”
— Or. Rev. Stat. § 419B.310(3)(a)(B) — 2 cases
— Or. Rev. Stat. § 419B.310(3)(b) — 2 cases
— Or. Rev. Stat. § 419B.310(3)(b)(B) — 2 cases
— Or. Rev. Stat. § 419B.310(4) — 2 cases
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