419B.820
Notice to parent contesting petition to establish permanent guardianship or
terminate parental rights.
If the parent appears in the manner provided in ORS 419B.819 (2)(b) or (c) and
the parent contests the petition, the court, by written order provided to the
parent in person or mailed to the parent at the address provided by the parent
or by oral order made on the record, shall:
(1) Inform the
parent of the time, place and purpose of the next hearing or hearings related
to the petition;
(2) Require the
parent to appear personally at the next hearing or hearings related to the
petition;
(3) Inform the
parent that, if the parent is represented by an attorney, the parent’s attorney
may not attend the hearing in place of the parent;
(4) Inform the
parent 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; and
(5) Inform the
parent that, if the parent fails to appear as ordered for any hearing related
to the petition, 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 order or on a future date; and
(b) Take any
other action that is authorized by law. [2003 c.205 §5; 2007 c.497 §7]
Note: 419B.820 was added to and made a
part of ORS chapter 419B by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
419B.821 [2001 c.622 §8; 2003 c.230 §1;
renumbered 419B.823 in 2003]
Notes of Decisions
Dep't of Human Servs. v. A. D. G., 317 P.3d 950 (Or. Ct. App. 2014).
· cites it 2× “819(7) provides: “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…”
State Ex Rel. Dep't of Human Servs. v. G. R., 197 P.3d 61 (Or. Ct. App. 2008).
· cites it 2× “819(7) provides, in part: “If a parent fails to appear for any hearing related to the petition, * * * 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…”
Dept. of Human Servs. v. C. M. W., 453 P.3d 628 (Or. Ct. App. 2019).
· cites it 14× “DHS does not contend that the February orders could have satisfied the notice requirements of ORS 419B.820, discussed later in this opinion; accordingly, we do not discuss the February orders further.”
Laack v. Botello, 498 P.3d 839 (Or. Ct. App. 2021).
“819(7) provides: “If a parent fails to appear for any hearing related to the [termination] 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:…”
Dep't of Human Servs. v. A. W., 361 P.3d 58 (Or. Ct. App. 2015).
· cites it 4× “819(7) provides as follows: “If a parent fails to appear for any hearing related to the [termination] 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…”
Dep't of Human Servs. v. P. W. (In re Z. S. H.), 439 P.3d 1042 (Or. Ct. App. 2019).
· cites it 2× “See ORS 419B.820. The court denied a request by mother's counsel to set the hearing over, and, after DHS's presentation of evidence, the court orally granted the termination petition.”
Dep't of Human Servs. v. K. D. S. (In re C. D. S.), 423 P.3d 784 (Or. Ct. App. 2018).
· cites it 3× “819(7), "[i]f a parent fails to appear for any hearing related to the petition * * * 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 * * *.”
Dep't of Human Servs. v. T. M. B., 369 P.3d 419 (Or. Ct. App. 2016).
“819(4)(b) requires that a summons for a proceeding to terminate parental rights contain: “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 [notice to parent contesting petition to terminate parental…”
State Ex Rel. Juv. Dept. v. Jenkins, 149 P.3d 324 (Or. Ct. App. 2006).
“"* * * * * "(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…”
Dept. of Human Servs. v. C. D. D., 343 Or. App. 486 (Or. Ct. App. 2025).
· cites it 3× “” ODHS called its witness, and, because mother was absent, the court did not allow mother’s attorney to cross- examine that witness. See ORS 419B.”
— Or. Rev. Stat. § 419B.820(1) — 2 cases
Dept. of Human Servs. v. C. M. W., 453 P.3d 628 (Or. Ct. App. 2019).
“DHS does not contend that the February orders could have satisfied the notice requirements of ORS 419B.820, discussed later in this opinion; accordingly, we do not discuss the February orders further.”
— Or. Rev. Stat. § 419B.820(5)(a) — 1 case
Dep't of Human Servs. v. K. D. S. (In re C. D. S.), 423 P.3d 784 (Or. Ct. App. 2018).
“819(7), "[i]f a parent fails to appear for any hearing related to the petition * * * 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 * * *.”
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