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Oregon Revised Statutes

Or. Rev. Stat. § 419B.518 (2026)

Appointment of counsel for parents

✓ current as of May 2026
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      419B.518 Appointment of counsel for parents. (1) If the parents are determined to be financially eligible, and request the assistance of appointed counsel, the court shall appoint an attorney to represent them at state expense. Appointment of counsel under this section is subject to ORS 135.055, 151.216 and 151.219.

      (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 §144; 2001 c.962 §55; 2005 c.449 §4]

Notes of Decisions
Cited in 15 cases (3 in the last 5 years), 2000–2025 · 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 2× “ORS 419B.518(1). In all other dependency proceedings, however, the statutory right to counsel depends on the application of specific criteria: “(1) Counsel shall be appointed for the parent or legal guardian whenever the nature of the proceedings and due process so require, and…”
Miller v. Baldwin, 32 P.3d 234 (Or. Ct. App. 2001). · cites it 5× “071(4)(a) provides: "Upon motion of a defendant, the Court of Appeals shall grant the defendant leave to file a notice of appeal after the time limits described in subsections (1) to (3) of this section if: "(A) The defendant, by clear and convincing evidence, shows that the…”
State Ex Rel. Juv. Dep't v. Kopp, 43 P.3d 1197 (Or. Ct. App. 2002). · cites it 3× “525(2) (now ORS 419B.518 11 ) must be “adequate,” the parent could not claim inadequate assistance of trial counsel on appeal, because the legislature had not created “a special forum” for such a claim, analogous to proceedings for post-conviction relief in criminal matters.”
In Re Complaint as to the Conduct of Harris, 49 P.3d 778 (Or. 2002). “195, termination of parental rights cases, ORS 419B.518, and mental commitment hearings, *365 ORS 426.”
State ex rel. Juv. Dep't v. M. U., 210 P.3d 254 (Or. Ct. App. 2009). · cites it 2× “Although we did not discuss it, at the time we decided Hammons, former ORS 419.”
Dep't of Human Servs. v. S. C. P., 324 P.3d 633 (Or. Ct. App. 2014). “See ORS 419B.518 (requiring the appointment of counsel in termination of parental rights proceedings if the parent is financially eligible).”
Hunt v. Weiss, 8 P.3d 990 (Or. Ct. App. 2000). “…a provision granting indigent parents facing termination in juvenile court the right to appointed counsel. See ORS 419B.518.”
Dept. of Human Servs. v. E. L. P., 336 Or. App. 751 (Or. Ct. App. 2024). · cites it 2× “3 Subsection (1) of 3 ORS 419B.518 addresses the right to counsel in termination-of-parental- rights proceedings.”
State ex rel. Dep't of Human Servs. v. J. S., 200 P.3d 567 (Or. Ct. App. 2009). “Adequacy of father’s trial counsel Father’s final contention is that his trial counsel was constitutionally inadequate for failing to request that the trial court hold a permanency hearing before proceeding to trial on the termination. The state disputes that father’s counsel…”
Dept. of Human Servs. v. E. L. P., 336 Or. App. 751 (Or. Ct. App. 2024). · cites it 2× “3 Subsection (1) of 3 ORS 419B.518 addresses the right to counsel in termination-of-parental- rights proceedings.”
State Ex Rel. Juv. Dept. v. Mu, 210 P.3d 254 (Or. Ct. App. 2009). · cites it 2× “However, the legislature also enacted a new section, codified as ORS 419B.518, using the same language as former ORS 419.”
Dept. of Human Servs. v. T. L. (Or. 2016). · cites it 2× “525(2) (1989), repealed by Or Laws 1993, ch 33, § 373, which was in effect at the time of the court’s decision in Geist, is now codified in nearly identical form as ORS 419B.518(1). The current statute provides: “If the parents are determined to be financially eligible, and…”
Show all 15 citing cases →
— Or. Rev. Stat. § 419B.518(1) — 5 cases
Dep't of Human Servs. v. T. L., 369 P.3d 1159 (Or. 2016). “ORS 419B.518(1). In all other dependency proceedings, however, the statutory right to counsel depends on the application of specific criteria: “(1) Counsel shall be appointed for the parent or legal guardian whenever the nature of the proceedings and due process so require, and…”
Dept. of Human Servs. v. E. L. P., 336 Or. App. 751 (Or. Ct. App. 2024). “3 Subsection (1) of 3 ORS 419B.518 addresses the right to counsel in termination-of-parental- rights proceedings.”
Dept. of Human Servs. v. E. L. P., 336 Or. App. 751 (Or. Ct. App. 2024). “3 Subsection (1) of 3 ORS 419B.518 addresses the right to counsel in termination-of-parental- rights proceedings.”
Dept. of Human Servs. v. T. L. (Or. 2016). “525(2) (1989), repealed by Or Laws 1993, ch 33, § 373, which was in effect at the time of the court’s decision in Geist, is now codified in nearly identical form as ORS 419B.518(1). The current statute provides: “If the parents are determined to be financially eligible, and…”
Dept. of Human Servs. v. T. M. S., 344 Or. App. 447 (Or. Ct. App. 2025).
— Or. Rev. Stat. § 419B.518(l) — 1 case
State ex rel. Juv. Dep't v. Jackson, 142 P.3d 110 (Or. Ct. App. 2006).
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