419B.815
Summons for proceeding to establish jurisdiction under ORS 419B.100; contents;
failure to appear.
(1) A court may make an order establishing jurisdiction under ORS 419B.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.830, 419B.833 and 419B.839.
(2) A summons
under this section must require one of the following:
(a) That the
person appear personally before the court at the time and place specified in
the summons for a hearing on the allegations of the petition;
(b) That the
person appear personally before the court at the time and place specified in
the summons to admit or deny the allegations of the petition; or
(c) That the
person file a written answer to the petition within 30 days from the date on
which the person is served with the summons.
(3) If the court
does not direct the type of response to be required by the summons under
subsection (2) of this section, the summons shall require the person being
summoned to respond in the manner authorized by subsection (2)(c) of this
section.
(4) A summons
under this section must contain:
(a) A statement
that the petition seeks to establish jurisdiction under ORS 419B.100 and that,
if the person fails to appear at the time and place specified in the summons or
an order under ORS 419B.816 or, if the summons requires the filing of a written
answer, fails to file the answer within the time provided, the court may
establish jurisdiction without further notice either on the date specified in
the summons or order or on a future date, and may take any other action that is
authorized by law including, but not limited to, making the child a ward of the
court and removing the child from the legal and physical custody of the parent
or other person having legal or physical custody of the child.
(b) A notice that
the person has the right to be represented by an attorney. The notice must be
in substantially the following form:
______________________________________________________________________________
You have a right to be
represented by an attorney. If you wish to be represented by an attorney,
please retain one as soon as possible to represent you in this proceeding. If
you are the child or the parent or legal guardian of the child and you cannot afford
to hire an attorney and you meet the state’s financial guidelines, you are
entitled to have an attorney appointed for you at state expense. To request
appointment of an attorney to represent you at state expense, you must contact
the juvenile court immediately. Phone ________ for further information.
______________________________________________________________________________
(c) A statement
that, if the person is represented by an attorney, the person has the
responsibility to maintain contact with the person’s attorney and to keep the
attorney advised of the person’s whereabouts.
(d) A statement
that, if the person is represented by an attorney, the person must appear
personally at any hearing where the person is required to appear, unless the
person is the child at issue in the proceeding who must be served with summons
in accordance with ORS 419B.839 (1)(f). The statement must explain that to “appear
personally” does not include appearance through the person’s attorney.
(e) A statement
that, if the court has granted the person an exception in advance under ORS
419B.918, the person may appear in any manner permitted by the court under ORS
419B.918.
(f) A statement
that no later than 30 days after the petition is filed each party about whom
allegations have been made must admit or deny the allegations and that, unless
the court specifies otherwise, the admission or denial may be made orally at
the hearing or filed with the court in writing.
(g) A statement
that if the petition alleges that the child has been physically or sexually
abused, the court, at the hearing, may enter an order restraining the alleged
perpetrator of the abuse from having contact with the child or attempting to
contact the child and requiring the alleged perpetrator to move from the
household in which the child resides.
(h) A statement
that the parent or other person legally obligated to support the child may be
required to pay at some future date for all or a portion of the support of the
child, including the cost of out-of-home placement, depending upon the ability
of the parent or other person to pay support.
(5) If the
summons requires the person to appear before the court to admit or deny the
allegations of the petition or requires the person to file a written answer to
the petition, the summons must advise the person that, if the person contests
the petition, the court:
(a) Will schedule
a hearing on the allegations of the petition and order the person to appear
personally; and
(b) May schedule
other hearings related to the petition and order the person to appear
personally.
(6) At a hearing,
when the person is required to appear personally, or in the person’s written
answer to the petition, the person shall inform the court and the petitioner of
the person’s current residence address, mailing address and telephone number.
(7) If a person
fails to appear for any hearing related to the petition, or fails to file a
written answer, as directed by summons or court order under this section or ORS
419B.816, the court may establish jurisdiction without further notice, either
on the date specified in the summons or order or on a future date, and may take
any other action that is authorized by law including, but not limited to,
making the child a ward of the court and removing the child from the legal and
physical custody of the parent or other person having legal or physical custody
of the child.
(8) If the
summons requires the person to appear personally before the court, or if a
court orders the person to appear personally at a hearing in the manner
provided in ORS 419B.816, the person may not appear through the person’s
attorney, unless the person is the child at issue in the proceeding who has
been served with summons in accordance with ORS 419B.839 (1)(f). [2001 c.622 §6;
2001 c.962 §54; 2003 c.205 §§10,11; 2007 c.497 §3]
Notes of Decisions
Dep't of Human Servs. v. S. C. T., 380 P.3d 1211 (Or. Ct. App. 2016).
· cites it 28× “The court explained that, under ORS 419B.815, the parent is required to appear in person, and, in the parent’s absence, the parent cannot appear through counsel.”
Dept. of Human Servs. v. C. C., 310 Or. App. 389 (Or. Ct. App. 2021).
· cites it 8× “3 Father argues that his claim of error was preserved, based on his counsel’s argument at 2 ORS 419B.815 provides, in relevant part: “(1) A court may make an order establishing jurisdiction under ORS 419B.”
Dep't of Human Servs. v. A. D. G., 317 P.3d 950 (Or. Ct. App. 2014).
· cites it 3× “The court reasoned that, “[i]n each case, [m] other was personally served; failed to appear; and an order of default was entered in each case * * * Because the Court believes the default orders were properly entered, the judgment in each case is authorized pursuant to ORS…”
Dep't of Human Servs. v. M. L. B., 391 P.3d 999 (Or. Ct. App. 2017).
· cites it 5× “In the petition for reconsideration, mother points out that the statute that we cited, ORS 419B.815(8), applies only to proceedings to establish dependency jurisdiction and does not apply in termination proceedings.”
Dep't of Human Servs. v. J. R. D., 398 P.3d 489 (Or. Ct. App. 2017).
· cites it 15× “” ORS 419B.815 sets out rules for the contents of a summons in a juvenile dependency case and establishes the consequences of failing to appear in response to a summons.”
Dept. of Human Servs. v. C. C., 501 P.3d 1129 (Or. Ct. App. 2021).
· cites it 19× “In sum, the quoted sections of ORS 419B.815 and ORS 419B.816 provide that, once a parent has appeared in response to a summons and the juvenile court has then ordered the parent to appear personally at a later hearing, the court may adjudicate the dependency petition in the par-…”
Dept. of Human Servs. v. J. L. J., 501 P.3d 82 (Or. Ct. App. 2021).
· cites it 7× “She moved to set aside the court’s order based on the findings in the prima facie hearing because “she wasn’t aware of * * * the status check.”
Dept. of Human Servs. v. J. M. C., 343 Or. App. 497 (Or. Ct. App. 2025).
· cites it 5× “, 281 Or App 246, 261 , 380 P3d 1211 (2016), rev den, 360 Or 752 ; 360 Or 851 (2017) (“ORS 419B.815(7) and (8) proscribe their attorneys’ ability to appear on the parents’ behalf to make evidentiary objections when the parents have failed to personally appear as required.”
Dep't of Human Servs. v. K. L., 355 P.3d 926 (Or. Ct. App. 2015).
“ORS 419B.815(1) provides that a “court may make an order establishing jurisdiction under ORS 419B.”
Dept. of Human Servs. v. J. M. C., 343 Or. App. 497 (Or. Ct. App. 2025).
· cites it 5× “, 281 Or App 246, 261 , 380 P3d 1211 (2016), rev den, 360 Or 752 ; 360 Or 851 (2017) (“ORS 419B.815(7) and (8) proscribe their attorneys’ ability to appear on the parents’ behalf to make evidentiary objections when the parents have failed to personally appear as required.”
Dep't of Human Servs. v. M. L. B., 384 P.3d 175 (Or. Ct. App. 2016).
“” However, as we recently have held, because mother did not appear at the trial, ORS 419B.815(8) prohibited her attorney from participating in the trial on her behalf.”
— Or. Rev. Stat. § 419B.815(1) — 6 cases
Dep't of Human Servs. v. S. C. T., 380 P.3d 1211 (Or. Ct. App. 2016).
“The court explained that, under ORS 419B.815, the parent is required to appear in person, and, in the parent’s absence, the parent cannot appear through counsel.”
Dep't of Human Servs. v. J. R. D., 398 P.3d 489 (Or. Ct. App. 2017).
“” ORS 419B.815 sets out rules for the contents of a summons in a juvenile dependency case and establishes the consequences of failing to appear in response to a summons.”
Dep't of Human Servs. v. K. L., 355 P.3d 926 (Or. Ct. App. 2015).
“ORS 419B.815(1) provides that a “court may make an order establishing jurisdiction under ORS 419B.”
Dept. of Human Servs. v. C. C., 501 P.3d 1129 (Or. Ct. App. 2021).
“In sum, the quoted sections of ORS 419B.815 and ORS 419B.816 provide that, once a parent has appeared in response to a summons and the juvenile court has then ordered the parent to appear personally at a later hearing, the court may adjudicate the dependency petition in the par-…”
— Or. Rev. Stat. § 419B.815(2) — 2 cases
Dep't of Human Servs. v. S. C. T., 380 P.3d 1211 (Or. Ct. App. 2016).
“The court explained that, under ORS 419B.815, the parent is required to appear in person, and, in the parent’s absence, the parent cannot appear through counsel.”
Dep't of Human Servs. v. J. R. D., 398 P.3d 489 (Or. Ct. App. 2017).
“” ORS 419B.815 sets out rules for the contents of a summons in a juvenile dependency case and establishes the consequences of failing to appear in response to a summons.”
— Or. Rev. Stat. § 419B.815(2)(a) — 1 case
— Or. Rev. Stat. § 419B.815(2)(b) — 3 cases
Dep't of Human Servs. v. S. C. T., 380 P.3d 1211 (Or. Ct. App. 2016).
“The court explained that, under ORS 419B.815, the parent is required to appear in person, and, in the parent’s absence, the parent cannot appear through counsel.”
Dept. of Human Servs. v. C. C., 310 Or. App. 389 (Or. Ct. App. 2021).
“3 Father argues that his claim of error was preserved, based on his counsel’s argument at 2 ORS 419B.815 provides, in relevant part: “(1) A court may make an order establishing jurisdiction under ORS 419B.”
Dep't of Human Servs. v. J. R. D., 398 P.3d 489 (Or. Ct. App. 2017).
“” ORS 419B.815 sets out rules for the contents of a summons in a juvenile dependency case and establishes the consequences of failing to appear in response to a summons.”
— Or. Rev. Stat. § 419B.815(4) — 2 cases
Dep't of Human Servs. v. S. C. T., 380 P.3d 1211 (Or. Ct. App. 2016).
“The court explained that, under ORS 419B.815, the parent is required to appear in person, and, in the parent’s absence, the parent cannot appear through counsel.”
Dep't of Human Servs. v. J. R. D., 398 P.3d 489 (Or. Ct. App. 2017).
“” ORS 419B.815 sets out rules for the contents of a summons in a juvenile dependency case and establishes the consequences of failing to appear in response to a summons.”
— Or. Rev. Stat. § 419B.815(4)(a) — 2 cases
Dep't of Human Servs. v. J. R. D., 398 P.3d 489 (Or. Ct. App. 2017).
“” ORS 419B.815 sets out rules for the contents of a summons in a juvenile dependency case and establishes the consequences of failing to appear in response to a summons.”
Dept. of Human Servs. v. C. C., 501 P.3d 1129 (Or. Ct. App. 2021).
“In sum, the quoted sections of ORS 419B.815 and ORS 419B.816 provide that, once a parent has appeared in response to a summons and the juvenile court has then ordered the parent to appear personally at a later hearing, the court may adjudicate the dependency petition in the par-…”
— Or. Rev. Stat. § 419B.815(4)(d) — 2 cases
Dep't of Human Servs. v. S. C. T., 380 P.3d 1211 (Or. Ct. App. 2016).
“The court explained that, under ORS 419B.815, the parent is required to appear in person, and, in the parent’s absence, the parent cannot appear through counsel.”
Dep't of Human Servs. v. J. R. D., 398 P.3d 489 (Or. Ct. App. 2017).
“” ORS 419B.815 sets out rules for the contents of a summons in a juvenile dependency case and establishes the consequences of failing to appear in response to a summons.”
— Or. Rev. Stat. § 419B.815(5) — 1 case
Dep't of Human Servs. v. S. C. T., 380 P.3d 1211 (Or. Ct. App. 2016).
“The court explained that, under ORS 419B.815, the parent is required to appear in person, and, in the parent’s absence, the parent cannot appear through counsel.”
— Or. Rev. Stat. § 419B.815(7) — 12 cases
Dep't of Human Servs. v. S. C. T., 380 P.3d 1211 (Or. Ct. App. 2016).
“The court explained that, under ORS 419B.815, the parent is required to appear in person, and, in the parent’s absence, the parent cannot appear through counsel.”
Dep't of Human Servs. v. A. D. G., 317 P.3d 950 (Or. Ct. App. 2014).
“The court reasoned that, “[i]n each case, [m] other was personally served; failed to appear; and an order of default was entered in each case * * * Because the Court believes the default orders were properly entered, the judgment in each case is authorized pursuant to ORS…”
Dept. of Human Servs. v. C. C., 310 Or. App. 389 (Or. Ct. App. 2021).
“3 Father argues that his claim of error was preserved, based on his counsel’s argument at 2 ORS 419B.815 provides, in relevant part: “(1) A court may make an order establishing jurisdiction under ORS 419B.”
Dep't of Human Servs. v. J. R. D., 398 P.3d 489 (Or. Ct. App. 2017).
“” ORS 419B.815 sets out rules for the contents of a summons in a juvenile dependency case and establishes the consequences of failing to appear in response to a summons.”
Dept. of Human Servs. v. C. C., 501 P.3d 1129 (Or. Ct. App. 2021).
“In sum, the quoted sections of ORS 419B.815 and ORS 419B.816 provide that, once a parent has appeared in response to a summons and the juvenile court has then ordered the parent to appear personally at a later hearing, the court may adjudicate the dependency petition in the par-…”
— Or. Rev. Stat. § 419B.815(8) — 9 cases
Dep't of Human Servs. v. S. C. T., 380 P.3d 1211 (Or. Ct. App. 2016).
“The court explained that, under ORS 419B.815, the parent is required to appear in person, and, in the parent’s absence, the parent cannot appear through counsel.”
Dep't of Human Servs. v. M. L. B., 391 P.3d 999 (Or. Ct. App. 2017).
“In the petition for reconsideration, mother points out that the statute that we cited, ORS 419B.815(8), applies only to proceedings to establish dependency jurisdiction and does not apply in termination proceedings.”
Dept. of Human Servs. v. J. M. C., 343 Or. App. 497 (Or. Ct. App. 2025).
“, 281 Or App 246, 261 , 380 P3d 1211 (2016), rev den, 360 Or 752 ; 360 Or 851 (2017) (“ORS 419B.815(7) and (8) proscribe their attorneys’ ability to appear on the parents’ behalf to make evidentiary objections when the parents have failed to personally appear as required.”
Dep't of Human Servs. v. M. L. B., 384 P.3d 175 (Or. Ct. App. 2016).
“” However, as we recently have held, because mother did not appear at the trial, ORS 419B.815(8) prohibited her attorney from participating in the trial on her behalf.”
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