419B.816
Notice to person contesting petition to establish jurisdiction. If the person appears in the
manner provided in ORS 419B.815 (2)(b) or (c) and the person contests the
petition, the court, by written order provided to the person in person or
mailed to the person at the address provided by the person, or by oral order
made on the record, shall:
(1) Inform the
person of the time, place and purpose of the next hearing or hearings related
to the petition;
(2) Require the
person to appear personally at the next hearing or hearings related to the
petition;
(3) Inform the
person that, if the person is represented by an attorney, the person’s attorney
may not attend the hearing in place of the person, 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);
(4) Inform the
person 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; and
(5) Inform the
person that, if the person fails to appear as ordered for any hearing related
to the petition, 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. [2003 c.205 §10b; 2007 c.497 §4]
Notes of Decisions
Dep't of Human Servs. v. S. C. T., 380 P.3d 1211 (Or. Ct. App. 2016).
· cites it 9× “Similarly, ORS 419B.816 requires that, if such a person contests the petition, then the court shall give further notice of a hearing on the merits of the petition.”
Dept. of Human Servs. v. C. C., 310 Or. App. 389 (Or. Ct. App. 2021).
· cites it 6× “purpose of the jurisdictional hearing, as required by ORS 419B.816. Without that notice, father contends that the juve- nile court did not have the authority to conduct the hear- ing and take jurisdiction of A in his absence, under ORS 419B.”
Dept. of Human Servs. v. C. C., 501 P.3d 1129 (Or. Ct. App. 2021).
· cites it 16× “923, which gives juvenile courts authority to set 2 On appeal from that judgment, father argued that, “when the juvenile court scheduled the prima facie hearing on June 12 due to his absence on June 3, it did not make an oral or written order that notified father of the time,…”
Dep't of Human Servs. v. J. R. D., 398 P.3d 489 (Or. Ct. App. 2017).
· cites it 2× “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…”
Dept. of Human Servs. v. J. M. C., 343 Or. App. 497 (Or. Ct. App. 2025).
“He rea- sons that he had no practical ability to preserve the issue because the juvenile court precluded his lawyer from advo- cating on his behalf once father failed to appear, as required by ORS 419B.”
Dept. of Human Servs. v. M. R. -C., 335 Or. App. 339 (Or. Ct. App. 2024).
· cites it 3× “In her first assignment of error, mother contends that the juvenile court plainly erred in taking jurisdiction in her absence at a hearing for which she had not been provided notice of the consequences of non- appearance as required by ORS 419B.816. The Department of Human…”
Dept. of Human Servs. v. L. W., 322 Or. App. 541 (Or. Ct. App. 2022).
· cites it 3× “It also expressly determined, based on an earlier summons that had been delivered to mother and statements on the record at an ear- lier hearing, that the notice requirements of ORS 419B.816 had been satisfied.3 ORS 419B.”
Dept. of Human Servs. v. M. D. L. (Or. Ct. App. 2024).
“815(8) provides: “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…”
Dept. of Human Servs. v. J. M. C., 343 Or. App. 497 (Or. Ct. App. 2025).
“He rea- sons that he had no practical ability to preserve the issue because the juvenile court precluded his lawyer from advo- cating on his behalf once father failed to appear, as required by ORS 419B.”
— Or. Rev. Stat. § 419B.816(1) — 1 case
Dept. of Human Servs. v. C. C., 501 P.3d 1129 (Or. Ct. App. 2021).
“923, which gives juvenile courts authority to set 2 On appeal from that judgment, father argued that, “when the juvenile court scheduled the prima facie hearing on June 12 due to his absence on June 3, it did not make an oral or written order that notified father of the time,…”
— Or. Rev. Stat. § 419B.816(3) — 1 case
Dep't of Human Servs. v. S. C. T., 380 P.3d 1211 (Or. Ct. App. 2016).
“Similarly, ORS 419B.816 requires that, if such a person contests the petition, then the court shall give further notice of a hearing on the merits of the petition.”
— Or. Rev. Stat. § 419B.816(5) — 1 case
Dept. of Human Servs. v. C. C., 501 P.3d 1129 (Or. Ct. App. 2021).
“923, which gives juvenile courts authority to set 2 On appeal from that judgment, father argued that, “when the juvenile court scheduled the prima facie hearing on June 12 due to his absence on June 3, it did not make an oral or written order that notified father of the time,…”
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