419B.812
Issuance of summons; time for hearing on petition. (1) As used in this section and
ORS 419B.815, 419B.819 and 419B.824, a “true copy” of a summons or petition
means an exact and complete copy of the original summons or petition with a
certificate upon the copy signed by an attorney of record or a party that
indicates that the copy is exact and complete.
(2) A summons
under ORS 419B.815 or 419B.819 must be titled “In the matter of _____, a child”
and must contain the name of the person to be served and the address at which
the summons and petition may be served.
(3) The summons
must be issued no later than 30 days after the filing of a petition alleging
jurisdiction under ORS 419B.100, a petition to establish a permanent
guardianship under ORS 419B.365 or a petition seeking termination of parental
rights under ORS 419B.500, 419B.502, 419B.504, 419B.506 or 419B.508.
(4) The
petitioner, the petitioner’s attorney, the juvenile department, the district
attorney, the Attorney General or the Department of Human Services may issue a
summons.
(5) The summons
must be signed by the:
(a) Petitioner;
(b) Petitioner’s
attorney;
(c) Juvenile
department;
(d) District
attorney;
(e) Attorney
General; or
(f) Department of
Human Services.
(6) The summons
must be served with a true copy of the petition.
(7) The summons
and petition may be served by any competent person 18 years of age or older who
is a resident of the state where service is made or of this state.
(8) The summons
and petition may be transmitted by telegraph, facsimile or electronic mail as
provided in ORS 419B.848 (3).
(9) The court
shall fix the date and time for the hearing on a petition at a reasonable time
after service or, if service is by publication, final publication of the
summons. The time may not be less than 24 hours after service or, if service is
by publication, final publication in a proceeding to establish jurisdiction
under ORS 419B.100 and may not be less than 10 days after service or, if
service is by publication, final publication in a proceeding to establish
permanent guardianship or terminate parental rights. [2001 c.622 §5; 2003 c.205
§1; 2017 c.737 §10]
Notes of Decisions
Dep't of Human Servs. v. S. P., 275 P.3d 979 (Or. Ct. App. 2012).
“803(1) provides: “A juvenile court having subject matter jurisdiction has jurisdiction over: “(a) A party, who has been served in the matter as provided in ORS 419B.812 to 419.839 to the extent that prosecution of the action is not inconsistent with the Constitution of this…”
Dept. of Human Servs. v. T. B., 531 P.3d 718 (Or. Ct. App. 2023).
“Essentially, father’s argument is that the court’s order was tantamount to an order that father give child father’s personal property, as father argues that the dog was his property.”
State Ex Rel. Juv. Dep't v. Kopp, 43 P.3d 1197 (Or. Ct. App. 2002).
“515 was repealed and replaced by more detailed requirements for summonses set out in ORS 419B.812 to ORS 419B.839. Or Laws 2001, ch 622, §§ 5-13,57.”
Dept. of Human Servs. v. C. C., 310 Or. App. 389 (Or. Ct. App. 2021).
“100 only after service of summons and a true copy of the petition as pro- vided in ORS 419B.812, 419B.823, 419B.824, 419B.827, 419B.”
Dep't of Human Servs. v. M. H., 300 P.3d 1262 (Or. Ct. App. 2013).
“803, which provides: “(1) A juvenile court having subject matter jurisdiction has jurisdiction over: “(a) A party, who has been served in the matter as provided in ORS 419B.812 to 419B.839 to the extent that prosecution of the action is not inconsistent with the Constitution of…”
State ex rel. Juv. Dep't v. T. S., 164 P.3d 308 (Or. Ct. App. 2007).
“385(1) further provides: “A parent or legal guardian of a ward, if such parent or guardian was served with summons under ORS 419B.812 to 419B.839 prior to the adjudication, is subject to the jurisdiction of the court for purposes of this section.”
Dep't of Human Servs. v. K. H., 301 P.3d 427 (Or. Ct. App. 2013).
“366, however, does not require that the hearing be conducted in any specific manner.”
Dep't of Human Servs. v. M. C.-C., 365 P.3d 533 (Or. Ct. App. 2015).
· cites it 2× “836 provides: “Failure to comply with provisions of ORS 419B.812, 419B.815,419B.818, 419B.819, 419B.”
Dep't of Human Servs. v. T.F. (In re M.L.F.), 425 P.3d 480 (Or. Ct. App. 2018).
“Oregon's dependency code provides that Oregon's juvenile courts have subject matter jurisdiction over: "(a) A party, who has been served in the matter as provided in ORS 419B.812 to 419B.839 to the extent that prosecution of the action is not inconsistent with the Constitution…”
Dep't of Human Servs. v. C. M. R., 383 P.3d 985 (Or. Ct. App. 2016).
· cites it 2× “100 only after service of summons and a true copy of the petition as provided in ORS 419B.812, 419B.823, 419B.824, 419B.827, 419B.”
Dep't of Human Servs. v. K. L., 355 P.3d 926 (Or. Ct. App. 2015).
“842 provides: “(1) No person required to appear as provided in ORS 419B.812 to 419B.839 shall without reasonable cause fail to appear or, where directed in the summons, to bring the child before the court.”
State Ex Rel. Juv. Dept. v. TS, 164 P.3d 308 (Or. Ct. App. 2007).
“385 further provides: "A parent or legal guardian of a ward, if such parent or guardian was served with summons under ORS 419B.812 to 419B.839 prior to the adjudication, is subject to the jurisdiction of the court for purposes of this section.”
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