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Oregon Revised Statutes

Or. Rev. Stat. § 419B.809 (2026)

Petition; contents; form; dismissal

✓ current as of May 2026
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      419B.809 Petition; contents; form; dismissal. (1) Any person may file a petition in the juvenile court alleging that a child named therein is within the jurisdiction of the court under ORS 419B.100.

      (2) The petition and all subsequent court documents in the proceeding must be entitled “In the matter of _____, a child.” The petition must be in writing, signed by the petitioner or the petitioner’s attorney and verified.

      (3) When the petition is filed by a peace officer, district attorney, attorney general, juvenile department counselor, employee of the Department of Human Services or employee of the Oregon Youth Authority, the petition may be verified upon the information and belief of the petitioner. In all other cases, the petition must be based on the personal knowledge of the petitioner.

      (4) The petition alleging jurisdiction must set forth in ordinary and concise language such of the following facts as are known and indicate any that are not known. The petition shall:

      (a) Contain the name, age and residence of the child.

      (b) Contain the facts that bring the child within the jurisdiction of the court, including sufficient information to put the parties on notice of the issues in the proceeding.

      (c) Contain the name and residence of the child’s parent and, in cases under ORS 419B.100, the names of persons with whom, and the places where, the child has resided for the previous five years.

      (d) Indicate whether there is a proceeding involving the custody of the child pending in any court.

      (e) Indicate whether a person other than a parent has or claims to have physical custody of the child and, if so, the name and residence of the person having physical custody of the child.

      (f) Indicate whether the petitioner has participated in any capacity in any other proceeding concerning the custody of or parenting time or visitation with the child and, if so, the court, case number and date of any child custody determination.

      (g) Indicate whether the petitioner knows of any proceeding that could affect the current proceeding and, if so, the court, case number and date of the proceeding.

      (5) At any time after a petition is filed, the court may make an order providing for temporary custody of the child.

      (6) The court, on motion of an interested party or on its own motion, may at any time direct that the petition be amended. If the amendment results in a substantial departure from the facts originally alleged, the court shall grant such continuance as the interests of justice may require.

      (7) Prior to an adjudicatory hearing on the petition, the court may dismiss the petition provided that every party has had an opportunity to investigate and present a case supporting the petition or has waived the opportunity to investigate and the right to present a case. At or after an adjudicatory hearing, the court may dismiss the petition at any other stage of the proceedings.

      (8) The petition for jurisdiction must be in substantially the following form.

______________________________________________________________________________

IN THE CIRCUIT COURT

OF THE STATE OF OREGON

FOR ____________ COUNTY

 

In the Matter of                       )

            )           No.

            )           Petition No.

            )

      A Child.    )           PETITION

 

 

 

TO THE ABOVE-ENTITLED COURT:

 

Petitioner, whose name appears below, respectfully represents to the Court as follows:

 

      1.   The name, age and residence of the above-named child are as follows: (name); (age);

(DOB); (resides at), _______________, Oregon. (Alternative: The name and age of the above-named

child are as follows: ________. The child’s residence is provided in a sealed document because

providing that information would jeopardize the health, safety or liberty of the child or of

a party to the case. ORS 109.767.)

 

      2.   The child is within the jurisdiction of the Court by reason of the following facts:

 

      A.  _______________

      B.  _______________

 

      3.   Uniform Child Custody Jurisdiction and Enforcement Act information:

 

      A.  Child(ren)’s present address: _______________ (Alternative: The child’s present address is

provided in a sealed document because providing that information would jeopardize the

health, safety or liberty of the child or of a party to the case. ORS 109.767.)

      B.  Places the child(ren) has lived during the previous five years:

      _______________

      _______________

 

      C.  Names and present addresses of persons with whom child(ren) has lived during that

period:

      _______________

      _______________

 

      D.  The petitioner has/has not participated as a party or witness or in any other

capacity in any other proceeding concerning the custody of or parenting time or visitation

with the child. Court, case number and date of any child custody determination:

      _______________

 

      E.   Petitioner knows/does not know of any proceeding that could affect the current

proceeding. Court, case number and date of the proceeding:

      _______________

 

      F.   Petitioner knows/does not know of any person who has physical custody of the

child(ren) or claims rights of legal custody, physical custody, parenting time or visitation

with the child(ren). Names and addresses of such persons:

      _______________

 

      4.   The child resides in ___________ County.

 

5.   The name and present address of each parent is as follows:

      _______________

 

6.   The petition is not filed pursuant to the direction of this Court.

 

 

      WHEREFORE, petitioner prays this Court to have an investigation made of the circumstances concerning the above-named child and to make such order or orders as are appropriate in the circumstances.

 

 

      DATED: ____________, 2___.

 

 

__________________

 

Petitioner

 

STATE OF OREGON           )

      )     ss.

County of ______       )

 

 

      I, ____________, being first duly sworn, on oath or upon affirmation, depose and say that I am the petitioner in the above-entitled proceeding, that I have read the foregoing petition, know the contents thereof, and the same is true as I am informed and believe.

 

__________________

 

Petitioner

      SIGNED AND SWORN to before me on ____________, 2___.

_____________________

SEAL (Alternate Verification)

 

 

STATE OF OREGON           )

      )     ss.

County of ______       )

 

 

      I, ____________, being first duly sworn, on oath or upon affirmation, depose and say that I am the petitioner in the above-entitled proceeding, that I have read the foregoing petition, know the contents thereof, and the same is true based on my personal knowledge of this matter.

 

__________________

 

Petitioner

      SIGNED AND SWORN to before me on ____________, 2___.

_____________________

SEAL

 

______________________________________________________________________________ [2001 c.622 §4]

Notes of Decisions
Cited in 34 cases (10 in the last 5 years), 2006–2026 · leading case: Dept. of Human Servs. v. M. P., 537 P.3d 593 (Or. Ct. App. 2023).
Sort: Relevance Newest Treatment
Dept. of Human Servs. v. M. P., 537 P.3d 593 (Or. Ct. App. 2023). · cites it 6× “ORS 419B.809. Anyone can file a petition in juvenile court without removing a child.”
Dep't of Human Servs. v. T.L., 403 P.3d 488 (Or. Ct. App. 2017). · cites it 2× “100 ‘must set forth in ordinary and concise language’ ‘the facts that bring the child within the jurisdiction of the court, including sufficient information to put the parties on notice of the issues in the proceeding.”
T. W. v. C. L. K., 310 Or. App. 80 (Or. Ct. App. 2021). · cites it 4× “, 256 Or App 437, 446-47 , 300 P3d 291 (2013) (citing ORS 419B.809(4)(b) (emphasis in J. R. L.)).”
Dept. of Human Servs. v. S. S., 307 Or. App. 37 (Or. Ct. App. 2020). · cites it 9× “” ORS 419B.809(4)(b). Under ORS 419B.809(6), “[t]he court, * * * on its own motion, may at any time direct that the petition be amended.”
Dep't of Human Servs. v. G. E., 260 P.3d 516 (Or. Ct. App. 2011). · cites it 3× “That is so, because “facts” come in many levels of specificity. The department urges us to apply a very general level, focusing on the introductory material that repeats or paraphrases the statutory standards set out in ORS 419B.”
Dep't of Human Servs. v. T. L., 379 P.3d 741 (Marion Cty. Cir. Ct., O.R. 2016). “ORS 419B.809(4) (requirement that petition alleging jurisdiction set forth certain facts); see also Dept.”
Dep't of Human Servs. v. J. R. L., 300 P.3d 291 (Or. Ct. App. 2013). · cites it 3× “In a petition alleging jurisdiction, DHS “must set forth in ordinary and concise language * * * the facts that bring the child within the jurisdiction of the court, including sufficient information *447 to put the parties on notice of the issues in the proceeding” ORS…”
State Ex Rel Dep't of Human Servs. v. D. T. C., 219 P.3d 610 (Or. Ct. App. 2009). · cites it 2× “100(l)(c); ORS 419B.809. On de novo review, ORS 419A.”
Dep't of Human Servs. v. N. M. S., 266 P.3d 107 (Or. Ct. App. 2011). · cites it 2× “Under ORS 419B.809(4)(b), a petition alleging jurisdiction under ORS 419B.”
State Ex Rel. Juv. Dep't v. N. W., 221 P.3d 174 (Or. Ct. App. 2009). · cites it 3× “DHS then filed a jurisdictional petition under ORS 419B.809, alleging that the children’s “condition or circumstances are such as to endanger [their] welfare,” ORS 419B.”
San Francisco Human Servs. Agency v. Felicia C., 199 Cal. App. 4th 784 (Cal. Ct. App. 2011). “27 ; Or. Rev. Stat. § 419B.809; 42 Pa. Cons. Stat.”
Dept. of Human Servs. v. J. S., 368 Or. 516 (Or. 2021). “ORS 419B.809(5) (when a depen- dency petition is filed, the juvenile court may “make an order providing for temporary custody” of a child).”
Show all 34 citing cases →
— Or. Rev. Stat. § 419B.809(1) — 3 cases
Dep't of Human Servs. v. S. P., 275 P.3d 979 (Or. Ct. App. 2012).
Dept. of Human Servs. v. M. P., 537 P.3d 593 (Or. Ct. App. 2023). “ORS 419B.809. Anyone can file a petition in juvenile court without removing a child.”
In Re Conner, 140 P.3d 1167 (Or. Ct. App. 2006).
— Or. Rev. Stat. § 419B.809(4) — 3 cases
Dep't of Human Servs. v. T. L., 379 P.3d 741 (Marion Cty. Cir. Ct., O.R. 2016). “ORS 419B.809(4) (requirement that petition alleging jurisdiction set forth certain facts); see also Dept.”
In Re Conner, 140 P.3d 1167 (Or. Ct. App. 2006).
Dep't of Human Servs. v. A. F., 341 P.3d 858 (Or. Ct. App. 2014).
— Or. Rev. Stat. § 419B.809(4)(b) — 12 cases
Dep't of Human Servs. v. T.L., 403 P.3d 488 (Or. Ct. App. 2017). “100 ‘must set forth in ordinary and concise language’ ‘the facts that bring the child within the jurisdiction of the court, including sufficient information to put the parties on notice of the issues in the proceeding.”
T. W. v. C. L. K., 310 Or. App. 80 (Or. Ct. App. 2021). “, 256 Or App 437, 446-47 , 300 P3d 291 (2013) (citing ORS 419B.809(4)(b) (emphasis in J. R. L.)).”
Dep't of Human Servs. v. J. R. L., 300 P.3d 291 (Or. Ct. App. 2013). “In a petition alleging jurisdiction, DHS “must set forth in ordinary and concise language * * * the facts that bring the child within the jurisdiction of the court, including sufficient information *447 to put the parties on notice of the issues in the proceeding” ORS…”
Dep't of Human Servs. v. N. M. S., 266 P.3d 107 (Or. Ct. App. 2011). “Under ORS 419B.809(4)(b), a petition alleging jurisdiction under ORS 419B.”
Dep't of Human Servs. v. G. E., 260 P.3d 516 (Or. Ct. App. 2011). “That is so, because “facts” come in many levels of specificity. The department urges us to apply a very general level, focusing on the introductory material that repeats or paraphrases the statutory standards set out in ORS 419B.”
— Or. Rev. Stat. § 419B.809(5) — 3 cases
Dept. of Human Servs. v. J. S., 368 Or. 516 (Or. 2021). “ORS 419B.809(5) (when a depen- dency petition is filed, the juvenile court may “make an order providing for temporary custody” of a child).”
Dept. of Human Servs. v. M. P., 537 P.3d 593 (Or. Ct. App. 2023). “ORS 419B.809. Anyone can file a petition in juvenile court without removing a child.”
Dept. of Human Servs. v. C. M. H., 455 P.3d 576 (Or. Ct. App. 2019).
— Or. Rev. Stat. § 419B.809(6) — 18 cases
Dept. of Human Servs. v. S. S., 307 Or. App. 37 (Or. Ct. App. 2020). “” ORS 419B.809(4)(b). Under ORS 419B.809(6), “[t]he court, * * * on its own motion, may at any time direct that the petition be amended.”
Dep't of Human Servs. v. T.L., 403 P.3d 488 (Or. Ct. App. 2017). “100 ‘must set forth in ordinary and concise language’ ‘the facts that bring the child within the jurisdiction of the court, including sufficient information to put the parties on notice of the issues in the proceeding.”
Dep't of Human Servs. v. G. E., 260 P.3d 516 (Or. Ct. App. 2011). “That is so, because “facts” come in many levels of specificity. The department urges us to apply a very general level, focusing on the introductory material that repeats or paraphrases the statutory standards set out in ORS 419B.”
T. W. v. C. L. K., 310 Or. App. 80 (Or. Ct. App. 2021). “, 256 Or App 437, 446-47 , 300 P3d 291 (2013) (citing ORS 419B.809(4)(b) (emphasis in J. R. L.)).”
Dep't of Human Servs. v. N. M. S., 266 P.3d 107 (Or. Ct. App. 2011). “Under ORS 419B.809(4)(b), a petition alleging jurisdiction under ORS 419B.”
— Or. Rev. Stat. § 419B.809(8) — 1 case
Dept. of Human Servs. v. M. P., 537 P.3d 593 (Or. Ct. App. 2023). “ORS 419B.809. Anyone can file a petition in juvenile court without removing a child.”
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