Oregon Revised Statutes

Or. Rev. Stat. § 419B.325 (2026)

Disposition required; evidence

✓ current as of May 2026
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      419B.325 Disposition required; evidence. (1) At the termination of the hearing or hearings in the proceeding, the court shall enter an appropriate order directing the disposition to be made of the case.

      (2) For the purpose of determining proper disposition of the ward, testimony, reports or other material relating to the ward’s mental, physical and social history and prognosis may be received by the court without regard to their competency or relevancy under the rules of evidence.

      (3) If the child is an Indian child, the court’s order under this section must be in compliance with the placement preferences described in ORS 419B.654. [1993 c.33 §104; 2003 c.396 §53; 2020 s.s.1 c.14 §36; 2021 c.398 §71]

Notes of Decisions
Cited in 48 cases (9 in the last 5 years), 2000–2025 · leading case: Dep't of Human Servs. v. J. M., 338 P.3d 191 (Or. Ct. App. 2014).
Dep't of Human Servs. v. J. M., 338 P.3d 191 (Or. Ct. App. 2014). · cites it 9× “Given the purpose of a permanency hearing, and the interests involved at that stage, we recognize why the legislature would provide for the admission of certain evidence under the relaxed strictures of ORS 419B.325 at such a hearing. Despite the relaxed evidentiary standards,…”
Dep't of Human Servs. v. J. B. V., 327 P.3d 564 (Or. Ct. App. 2014). · cites it 23× “The parties’ dispute on appeal revolves around ORS 419B.325: “(1) At the termination of the hearing or hearings in the proceeding, the court shall enter an appropriate order directing the disposition to be made of the case.”
Dep't of Human Servs. v. D. D., 241 P.3d 1177 (Or. Ct. App. 2010). · cites it 5× “310, except that the court may receive testimony and reports as provided in ORS 419B.325. At the conclusion of the hearing, the court shall enter findings of fact.”
Dep't of Human Servs. v. S. W., 340 P.3d 675 (Or. Ct. App. 2014). · cites it 2× “We reject the first, second, third, and fourth assignments without written discussion except to note that they all rest on father’s contention that permanency proceedings have two distinct “phases” — an adjudicatory phase and a dispositional phase — for purposes of the exception…”
Dep't of Human Servs. v. T. L. H. S. (In re J. M. S.), 425 P.3d 775 (Or. Ct. App. 2018). “See ORS 419B.325(2) (referring to "proper disposition of the ward").”
Dept. of Human Servs. v. W. C. T., 501 P.3d 44 (Or. Ct. App. 2021). “310; ORS 419B.325. It is at this jurisdictional hearing that the court determines whether jurisdictional allegations are proven, and, like the shelter hearing before, whether reasonable efforts were made to avoid removal or make it possible for the child to return home safely.”
Kahn v. Pony Express Courier Corp., 20 P.3d 837 (Or. Ct. App. 2001). “255(2) provides that records relating to a child’s medical, psychological, and social — that is, personal and family — background and predicted future condition or status are “privileged.”
State Ex Rel Dep't of Human Servs. v. D. T. C., 219 P.3d 610 (Or. Ct. App. 2009). “1 Father also argues that the juvenile court erred in its disposition of the case, ORS 419B.325, by placing the children in the legal custody of DHS, ORS 419B.”
Dep't of Human Servs. v. A. R. S., 310 P.3d 1186 (Or. Ct. App. 2013). “310, except that the court may receive testimony and reports as provided in ORS 419B.325.” ORS 419B.449(2). ORS 419B.”
Dep't of Human Servs. v. B. J. W., 230 P.3d 965 (Or. Ct. App. 2010). · cites it 9× “That statute provides, “[T]he court may receive testimony and reports as provided in ORS 419B.325.””
State ex rel. Dep't of Human Servs. v. Lewis, 89 P.3d 1219 (Or. Ct. App. 2004). · cites it 3× “See ORS 419B.325 (for purpose of determining proper disposition of ward, court may receive testimony, reports, or other material).”
Dep't of Human Servs. v. T. R., 282 P.3d 969 (Or. Ct. App. 2012). “908, except that the court may receive testimony and reports as provided in ORS 419B.325. “(2) At a permanency hearing the court shall: “(a) If the case plan at the time of the hearing is to reunify the family, determine whether the Department of Human Services has made…”
— Or. Rev. Stat. § 419B.325(1) — 6 cases
Dep't of Human Servs. v. D. D., 241 P.3d 1177 (Or. Ct. App. 2010). “310, except that the court may receive testimony and reports as provided in ORS 419B.325. At the conclusion of the hearing, the court shall enter findings of fact.”
State ex rel. Juv. Dep't v. Risland, 51 P.3d 697 (Or. Ct. App. 2002).
State Ex Rel. Juv. Dept. v. Risland, 51 P.3d 697 (Or. Ct. App. 2002).
Dep't of Human Servs. v. C. F., 308 P.3d 344 (Or. Ct. App. 2013).
Dep't of Human Servs. v. C. C., 290 P.3d 900 (Or. Ct. App. 2012).
— Or. Rev. Stat. § 419B.325(2) — 8 cases
Dep't of Human Servs. v. J. M., 338 P.3d 191 (Or. Ct. App. 2014). “Given the purpose of a permanency hearing, and the interests involved at that stage, we recognize why the legislature would provide for the admission of certain evidence under the relaxed strictures of ORS 419B.325 at such a hearing. Despite the relaxed evidentiary standards,…”
Dep't of Human Servs. v. J. B. V., 327 P.3d 564 (Or. Ct. App. 2014). “The parties’ dispute on appeal revolves around ORS 419B.325: “(1) At the termination of the hearing or hearings in the proceeding, the court shall enter an appropriate order directing the disposition to be made of the case.”
Dep't of Human Servs. v. S. W., 340 P.3d 675 (Or. Ct. App. 2014). “We reject the first, second, third, and fourth assignments without written discussion except to note that they all rest on father’s contention that permanency proceedings have two distinct “phases” — an adjudicatory phase and a dispositional phase — for purposes of the exception…”
Dep't of Human Servs. v. T. L. H. S. (In re J. M. S.), 425 P.3d 775 (Or. Ct. App. 2018). “See ORS 419B.325(2) (referring to "proper disposition of the ward").”
Dep't of Human Servs. v. B. J. W., 230 P.3d 965 (Or. Ct. App. 2010). “That statute provides, “[T]he court may receive testimony and reports as provided in ORS 419B.325.””
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