419B.524
Effect of termination order.
(1) Except as provided in ORS 109.382, 109.383, 419B.532 or 419B.651, unless
there is an appeal from the order terminating the rights of the parent or
parents, the order permanently terminates all rights of the parent or parents
whose rights are terminated and the parent or parents have no standing to
appear as such in any legal proceeding concerning the ward.
(2) A parent who
is the subject of an order restoring parental rights under ORS 109.382 or
419B.651 may assert that the parental rights were never terminated without
incurring a penalty for perjury or false swearing under the laws of the state. [1993
c.33 §146; 2003 c.396 §89; 2018 c.89 §4; 2021 c.398 §35]
Notes of Decisions
State Ex Rel. Juv. Dep't v. Kopp, 43 P.3d 1197 (Or. Ct. App. 2002).
· cites it 21× “The state argues that, under those circumstances, *572 mother lacked “standing” under ORS 419B.524 to contest the termination judgment by way of a motion to set it aside.”
Dep't of Human Servs. v. T. L., 344 P.3d 1123 (Or. Ct. App. 2015).
· cites it 11× “923(1), see 269 Or App at 462 n 6) because ORS 419B.524 denied her standing to do that.”
Dep't of Human Servs. v. T. L., 369 P.3d 1159 (Or. 2016).
“ORS 419B.524. Accordingly, there is a particular urgency in the final stages of dependency proceedings to provide counsel for parents to promptly pursue and adjudicate inadequate assistance of counsel claims by means of clearly identified procedural channels.”
Dep't of Human Servs. v. B. A. S., 221 P.3d 806 (Or. Ct. App. 2009).
· cites it 3× “524 (2001), amended by Or Laws 2003, ch 396, § 89, 9 to deprive a terminated parent of standing to seek an order modifying or setting aside the termination judgment under the predecessor to ORS 419B.923(1) — former ORS 419B.”
State Ex Rel. Juv. Dept. v. Jenkins, 149 P.3d 324 (Or. Ct. App. 2006).
“" Unless there is an appeal, an order terminating the rights of the parent pursuant to such a petition "permanently terminates all rights of the parent * * * and the parent or parents have no standing to appear as such in any legal proceeding concerning the ward.”
State ex rel. Juv. Dep't v. Jenkins, 149 P.3d 324 (Or. Ct. App. 2006).
“” Unless there is an appeal, an order terminating the rights of the parent pursuant to such a petition “permanently terminates all rights of the parent * * * and the parent or parents have no standing to appear as such in any legal proceeding concerning the ward.”
State ex rel. Dep't of Human Servs. v. W. C., 172 P.3d 264 (Or. Ct. App. 2007).
· cites it 5× “” Citing ORS 419B.524, DHS argued that mother was not legally entitled to sign the acknowledgment because her parental rights to the child had been terminated.”
Dept. of Human Servs. v. T. L., No. S063204 (Or. Mar. 3, 2016).
“Accordingly, there is a particular urgency in the final stages of dependency proceedings to provide counsel for parents to promptly pursue and adjudicate inadequate assistance of counsel claims by means of clearly identified procedural channels.”
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