419B.819
Summons for proceeding to establish permanent guardianship or terminate
parental rights; contents; failure to appear. (1) A court may make an order establishing permanent
guardianship under ORS 419B.365 or terminating parental rights under ORS
419B.500, 419B.502, 419B.504, 419B.506 or 419B.508 only after service of
summons and a true copy of the petition on the parent, as provided in ORS
419B.812, 419B.823, 419B.824, 419B.827, 419B.830 and 419B.833. An alleged
genetic parent who satisfies the criteria set out in ORS 419B.839 (1)(d) or
419B.875 (1)(a)(C) also must be served with summons and a true copy of the
petition, unless a court of competent jurisdiction has found the alleged
genetic parent not to be the child or ward’s legal or genetic parent or the
alleged genetic parent has filed a petition for adjudication of parentage that
was dismissed and no appeal of the judgment or order is pending.
(2) A summons
under this section must require one of the following:
(a) That the
parent 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
parent 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
parent file a written answer to the petition within 30 days from the date on
which the parent 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 parent 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 rights of the parent are proposed to be terminated or, if the petition
seeks to establish a permanent guardianship, that a permanent guardianship is
proposed to be established.
(b) A statement
that, if the parent fails to appear at the time and place specified in the
summons or in an order under ORS 419B.820 or, if the summons requires the
filing of a written answer, fails to file the answer within the time provided,
the court may, without further notice and in the parent’s absence, terminate
the parent’s rights or grant the guardianship petition, 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.
(c) A notice that
the parent 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 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.
______________________________________________________________________________
(d) A statement
that, if the parent is represented by an attorney, the parent has the
responsibility to maintain contact with the parent’s attorney and to keep the
attorney advised of the parent’s whereabouts.
(e) A statement
that, if the parent is represented by an attorney, the parent must appear
personally at any hearing where the parent is required to appear. The statement
must explain that “appear personally” does not include appearance through the
parent’s attorney.
(f) A statement
that, if the court has granted the parent an exception in advance under ORS
419B.918, the parent may appear in any manner permitted by the court under ORS
419B.918.
(5) If the
summons requires the parent to appear before the court to admit or deny the
allegations of the petition or requires the parent to file a written answer to
the petition, the summons must advise the parent that, if the parent contests
the petition, the court:
(a) Will schedule
a hearing on the allegations of the petition and order the parent to appear
personally; and
(b) May schedule
other hearings related to the petition and order the parent to appear
personally.
(6) At a hearing,
when the parent is required to appear personally, or in the parent’s written
answer to the petition, the parent shall inform the court and the petitioner of
the parent’s current residence address, mailing address and telephone number.
(7) If a parent
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.820, the court, without further notice and in the parent’s absence, may:
(a) Terminate the
parent’s rights or, if the petition seeks to establish a permanent
guardianship, grant the guardianship petition either on the date specified in
the summons or order or on a future date; and
(b) Take any
other action that is authorized by law.
(8) If the
summons requires the parent to appear personally before the court, or if a court
orders the parent to appear personally at a hearing in the manner provided in
ORS 419B.820, the parent may not appear through the parent’s attorney.
(9) If a guardian
ad litem has been appointed for a parent under ORS 419B.231, a copy of the
summons served on the parent under this section must be provided to the
guardian ad litem. [2003 c.205 §3; 2005 c.160 §2; 2005 c.450 §5; 2007 c.454 §13;
2007 c.497 §6; 2025 c.592 §108]
Notes of Decisions
Dep't of Human Servs. v. A. D. G., 317 P.3d 950 (Or. Ct. App. 2014).
· cites it 16× “That majority report also described the various sections of HB 2272 and, as to section 3, which eventually was codified as ORS 419B.819, and as to section 5, eventually codified as ORS 419B.”
Dep't of Human Servs. v. K. M. J., 370 P.3d 1258 (Or. Ct. App. 2016).
· cites it 9× “Mother argues that, because the court did not provide her with the notice required by ORS 419B.819 and ORS 419B.820, the court lacked authority to terminate her rights.”
State Ex Rel. Dep't of Human Servs. v. G. R., 197 P.3d 61 (Or. Ct. App. 2008).
· cites it 5× “That notice, in accordance with ORS 419B.819(4), 3 informed father that, if he failed to appear, “the court may, without further *137 notice and in the parent’s absence, may terminate the parent’s parental rights[.”
Dep't of Human Servs. v. M. L. B., 391 P.3d 999 (Or. Ct. App. 2017).
· cites it 5× “Mother notes that ORS 419B.819(8), which is worded almost identically to ORS 419B.”
Dep't of Human Servs. v. W. A. C., 328 P.3d 769 (Or. Ct. App. 2014).
“We concluded that ORS 419B.819(7) did not authorize the court to enter a default judgment against the mother in that case and that, because “ [t]hat same legal error was the basis for the juvenile court’s decision to deny mother’s motion to set aside the default judgment * * *…”
Dep't of Human Servs. v. A. W., 361 P.3d 58 (Or. Ct. App. 2015).
· cites it 9× “There is no evidence that mother actually knew of the December 31 court date, and it is undisputed that, as with the December 29 status conference, the juvenile court did not follow the procedures under ORS 419B.819 to compel mother’s personal attendance on December 31.”
Dep't of Human Servs. v. S. C. T., 380 P.3d 1211 (Or. Ct. App. 2016).
“209 Or App at 645 . Like a proceeding to establish juvenile jurisdiction, a proceeding to terminate parental rights (TPR) involves a summons that directs a parent to respond in a particular way.”
Dep't of Human Servs. v. K. D. S. (In re C. D. S.), 423 P.3d 784 (Or. Ct. App. 2018).
· cites it 12× “918(1) (providing that "a court may permit" a person to participate in termination proceedings telephonically (emphasis added)); ORS 419B.819(7) (providing that a court "may" proceed to terminate a parent's rights in the parent's absence if the parent fails to appear for a…”
Dept. of Human Servs. v. S. L. M., 338 Or. App. 676 (Or. Ct. App. 2025).
· cites it 11× “DHS relied on the language in the summons and in ORS 419B.819, which required mother’s personal appearance.”
Dep't of Human Servs. v. K. M. P., 284 P.3d 519 (Or. Ct. App. 2012).
“ORS 419B.819(7) authorizes a juvenile court to terminate a parent’s rights if that parent fails to appear “for any hearing related to the [termination] petition.”
Dep't of Human Servs. v. T. M. B., 369 P.3d 419 (Or. Ct. App. 2016).
· cites it 4× “819(7) and ORS 419B.819(4)(b), 3 that if mother failed to appear for *644 a proceeding on the petition, the juvenile court could terminate her parental rights in her absence and without further notice.”
Dept. of Human Servs. v. C. C., 310 Or. App. 389 (Or. Ct. App. 2021).
“, 276 Or App 823, 825, 829-31 , 370 P3d 1258 (2016) (reversing as plain error the court’s termina- tion of the mother’s parental rights in her absence in light of DHS’s concession that she did not receive proper notice under ORS 419B.819 and ORS 419B.820); Dept. of Human…”
— Or. Rev. Stat. § 419B.819(1) — 2 cases
Dep't of Human Servs. v. K. M. J., 370 P.3d 1258 (Or. Ct. App. 2016).
“Mother argues that, because the court did not provide her with the notice required by ORS 419B.819 and ORS 419B.820, the court lacked authority to terminate her rights.”
— Or. Rev. Stat. § 419B.819(2) — 5 cases
Dep't of Human Servs. v. S. C. T., 380 P.3d 1211 (Or. Ct. App. 2016).
“209 Or App at 645 . Like a proceeding to establish juvenile jurisdiction, a proceeding to terminate parental rights (TPR) involves a summons that directs a parent to respond in a particular way.”
Dep't of Human Servs. v. K. M. J., 370 P.3d 1258 (Or. Ct. App. 2016).
“Mother argues that, because the court did not provide her with the notice required by ORS 419B.819 and ORS 419B.820, the court lacked authority to terminate her rights.”
Dept. of Human Servs. v. S. L. M., 338 Or. App. 676 (Or. Ct. App. 2025).
“DHS relied on the language in the summons and in ORS 419B.819, which required mother’s personal appearance.”
— Or. Rev. Stat. § 419B.819(2)(b) — 1 case
— Or. Rev. Stat. § 419B.819(2)(c) — 1 case
Dep't of Human Servs. v. K. M. J., 370 P.3d 1258 (Or. Ct. App. 2016).
“Mother argues that, because the court did not provide her with the notice required by ORS 419B.819 and ORS 419B.820, the court lacked authority to terminate her rights.”
— Or. Rev. Stat. § 419B.819(4) — 2 cases
Dep't of Human Servs. v. A. D. G., 317 P.3d 950 (Or. Ct. App. 2014).
“That majority report also described the various sections of HB 2272 and, as to section 3, which eventually was codified as ORS 419B.819, and as to section 5, eventually codified as ORS 419B.”
State Ex Rel. Dep't of Human Servs. v. G. R., 197 P.3d 61 (Or. Ct. App. 2008).
“That notice, in accordance with ORS 419B.819(4), 3 informed father that, if he failed to appear, “the court may, without further *137 notice and in the parent’s absence, may terminate the parent’s parental rights[.”
— Or. Rev. Stat. § 419B.819(4)(b) — 2 cases
State Ex Rel. Dep't of Human Servs. v. G. R., 197 P.3d 61 (Or. Ct. App. 2008).
“That notice, in accordance with ORS 419B.819(4), 3 informed father that, if he failed to appear, “the court may, without further *137 notice and in the parent’s absence, may terminate the parent’s parental rights[.”
Dep't of Human Servs. v. T. M. B., 369 P.3d 419 (Or. Ct. App. 2016).
“819(7) and ORS 419B.819(4)(b), 3 that if mother failed to appear for *644 a proceeding on the petition, the juvenile court could terminate her parental rights in her absence and without further notice.”
— Or. Rev. Stat. § 419B.819(7) — 24 cases
Dep't of Human Servs. v. A. D. G., 317 P.3d 950 (Or. Ct. App. 2014).
“That majority report also described the various sections of HB 2272 and, as to section 3, which eventually was codified as ORS 419B.819, and as to section 5, eventually codified as ORS 419B.”
Dep't of Human Servs. v. K. M. J., 370 P.3d 1258 (Or. Ct. App. 2016).
“Mother argues that, because the court did not provide her with the notice required by ORS 419B.819 and ORS 419B.820, the court lacked authority to terminate her rights.”
State Ex Rel. Dep't of Human Servs. v. G. R., 197 P.3d 61 (Or. Ct. App. 2008).
“That notice, in accordance with ORS 419B.819(4), 3 informed father that, if he failed to appear, “the court may, without further *137 notice and in the parent’s absence, may terminate the parent’s parental rights[.”
Dep't of Human Servs. v. W. A. C., 328 P.3d 769 (Or. Ct. App. 2014).
“We concluded that ORS 419B.819(7) did not authorize the court to enter a default judgment against the mother in that case and that, because “ [t]hat same legal error was the basis for the juvenile court’s decision to deny mother’s motion to set aside the default judgment * * *…”
Dep't of Human Servs. v. A. W., 361 P.3d 58 (Or. Ct. App. 2015).
“There is no evidence that mother actually knew of the December 31 court date, and it is undisputed that, as with the December 29 status conference, the juvenile court did not follow the procedures under ORS 419B.819 to compel mother’s personal attendance on December 31.”
— Or. Rev. Stat. § 419B.819(7)(a) — 3 cases
Dep't of Human Servs. v. K. D. S. (In re C. D. S.), 423 P.3d 784 (Or. Ct. App. 2018).
“918(1) (providing that "a court may permit" a person to participate in termination proceedings telephonically (emphasis added)); ORS 419B.819(7) (providing that a court "may" proceed to terminate a parent's rights in the parent's absence if the parent fails to appear for a…”
— Or. Rev. Stat. § 419B.819(8) — 7 cases
Dep't of Human Servs. v. A. W., 361 P.3d 58 (Or. Ct. App. 2015).
“There is no evidence that mother actually knew of the December 31 court date, and it is undisputed that, as with the December 29 status conference, the juvenile court did not follow the procedures under ORS 419B.819 to compel mother’s personal attendance on December 31.”
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