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Oregon Revised Statutes

Or. Rev. Stat. § 419B.508 (2026)

Termination upon finding of abandonment

✓ current as of May 2026
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      419B.508 Termination upon finding of abandonment. The rights of the parent or parents may be terminated as provided in ORS 419B.500 if the court finds that the parent or parents have abandoned the child or ward or the child or ward was left under circumstances such that the identity of the parent or parents of the child or ward was unknown and could not be ascertained, despite diligent searching, and the parent or parents have not come forward to claim the child or ward within three months following the finding of the child or ward. [1993 c.33 §142; 2003 c.396 §87]

Notes of Decisions
Cited in 21 cases, 1995–2011 · leading case: State Ex Rel. Dep't of Human Servs. v. Rardin, 134 P.3d 940 (Or. 2006).
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State Ex Rel. Dep't of Human Servs. v. Rardin, 134 P.3d 940 (Or. 2006). · cites it 4× “506, and abandonment, ORS 419B.508. *441 The trial court held a hearing and issued an opinion.”
State Ex Rel. State Off. for Servs. to Child. & Families v. Stillman, 36 P.3d 490 (Or. 2001). “502 to ORS 419B.508. Those statutes provide for termination based on such circumstances as extreme parental misconduct, unfitness, neglect, or abandonment.”
State Ex Rel. State Off. for Servs. to Child. & Families v. Mellor, 47 P.3d 19 (Or. Ct. App. 2002). · cites it 2× “502 to ORS 419B.508. Id. One of those statutes, and the statute relevant here, is ORS 419B.”
In Re the Marriage of Winczewski, 72 P.3d 1012 (Or. Ct. App. 2003). · cites it 2× “506 (providing for termination of parental rights for the failure to provide for the basic physical and psychological needs of the child for six months prior to the filing of the petition);ORS 419B.508 (providing for termination of parental rights in the event of abandonment of…”
State ex rel. Dep't of Human Servs. v. Squiers, 126 P.3d 758 (Or. Ct. App. 2006). “506; and (4) the parent abandoned the child, ORS 419B.508. The trial court terminated mother’s rights based on the second and third grounds.”
State Ex Rel. Dep't of Human Servs. v. G. R., 197 P.3d 61 (Or. Ct. App. 2008). “506, and abandonment, ORS 419B.508. The proceeding ended at 9:18 a.”
Dep't of Human Servs. v. B. J. B., 256 P.3d 167 (Or. Ct. App. 2011). “506; (4) Mother abandoned the child, ORS 419B.508; and (5) It is in child’s best interest to be freed for adoption.”
State ex rel. Child.'s Servs. Div.. v. Payne, 912 P.2d 904 (Or. 1996). · cites it 5× “The first fundamental error made by the Court of Appeals is the statement that “abandonment,” as that term is used in ORS 419B.508, 1 was a basis for the trial court’s decision in this case.”
State ex rel. Dep't of Human Servs. v. Smith, 106 P.3d 627 (Or. 2005). “506; or that the parent abandoned the child, ORS 419B.508. In Smith I, the state contended that termination of mother’s parental rights as to the first child was appropriate under ORS 419B.”
Kelley v. Gibson, 56 P.3d 925 (Or. Ct. App. 2002). “506; or abandonment, ORS 419B.508. ORS 125.305 does not require that any of those circumstances be shown.”
State Ex Rel. SOSCF v. Hammons, 12 P.3d 983 (Or. Ct. App. 2000). · cites it 2× “Father appeals from a judgment terminating his parental rights to his three-year-old daughter.”
State ex rel. Child.'s Servs. Div. v. Payne, 901 P.2d 863 (Or. Ct. App. 1995). · cites it 2× “ORS 419B.508. We do not believe the evidence in this case supports the conclusion that parents abandoned their children.”
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