419B.839
Required and discretionary summons.
(1) Summons in proceedings to establish jurisdiction under ORS 419B.100 must be
served on:
(a) The parents
of the child without regard to who has legal or physical custody of the child;
(b) The legal
guardian of the child;
(c) An alleged
genetic parent of the child who satisfies the criteria set out in ORS 419B.875
(1)(a)(C), except as provided in subsection (4) of this section;
(d) An alleged
genetic parent of the child if notice of the initiation of parentage
proceedings was on file with the Center for Health Statistics of the Oregon
Health Authority prior to the initiation of the juvenile court proceedings,
except as provided in subsection (4) of this section;
(e) The person
who has physical custody of the child, if the child is not in the physical
custody of a parent; and
(f) The child, if
the child is 12 years of age or older.
(2) If it appears
to the court that the welfare of the child or of the public requires that the
child immediately be taken into custody, the court may indorse an order on the
summons directing the officer serving it to take the child into custody.
(3) Summons may
be issued requiring the appearance of any person whose presence the court deems
necessary.
(4) Summons under
subsection (1) of this section is not required to be given to an alleged
genetic parent whom a court of competent jurisdiction has found not to be the
child’s legal parent or who has filed a petition for adjudication of parentage
that was dismissed if no appeal from the judgment or order is pending.
(5) If a guardian
ad litem has been appointed for a parent under ORS 419B.231, a copy of a
summons served on the parent under this section must be provided to the
guardian ad litem. [2001 c.622 §13; 2003 c.205 §9; 2005 c.160 §3; 2005 c.450 §6;
2009 c.595 §365; 2017 c.651 §43; 2025 c.592 §144]
Notes of Decisions
Dep't of Human Servs. v. C. J. T., 308 P.3d 307 (Or. Ct. App. 2013).
“r, counselor, employee of the Department of Human Services or any other person authorized by the juvenile court of the county in which the child is found, in the following circumstances: “(a) When the child’s condition or surroundings reasonably appear to be such as to…”
Dept. of Human Servs. v. J. S., 303 Or. App. 324 (Or. Ct. App. 2020).
“See ORS 419B.839(2); ORS 419B.150. If the child is taken into protective custody, the juvenile court must hold a shel- ter hearing within 24 hours and either place the child in shelter care or otherwise make an initial disposition.”
State Ex Rel. Juv. Dep't v. Cooper, 72 P.3d 674 (Or. Ct. App. 2003).
“839, in turn, provides that summons “must be issued to be served” on (1) the legal parents of the child; (2) the legal guardian of the child; (3) the person with physical custody of the child; (4) under certain circumstances, the putative father of the child; and (5) if the…”
State ex rel. Juv. Dep't v. J. D., 164 P.3d 1182 (Or. Ct. App. 2007).
“150(1), in turn, establishes that an officer may take a child into protective custody in the following circumstances: “(a) When the child’s condition or surroundings reasonably appear to be such as to jeopardize the child’s welfare; *256 “(b) When the juvenile court, by order…”
Dept. of Human Servs. v. C. C., 501 P.3d 1129 (Or. Ct. App. 2021).
“ORS 419B.839(1)(a). The sum- mons must include certain information, including: “A statement that the petition seeks to establish juris- diction under ORS 419B.”
Dept. of Human Servs. v. M. D. L. (Or. Ct. App. 2024).
“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).” 244 Dept. of Human Services v.”
State Ex Rel. Juv. Dept. v. JD, 164 P.3d 1182 (Or. Ct. App. 2007).
“150(1), in turn, establishes that an officer may take a child into protective custody in the following circumstances: "(a) When the child's condition or surroundings reasonably appear to be such as to jeopardize the child's welfare; "(b) When the juvenile court, by order…”
— Or. Rev. Stat. § 419B.839(1)(a) — 1 case
Dept. of Human Servs. v. C. C., 501 P.3d 1129 (Or. Ct. App. 2021).
“ORS 419B.839(1)(a). The sum- mons must include certain information, including: “A statement that the petition seeks to establish juris- diction under ORS 419B.”
— Or. Rev. Stat. § 419B.839(2) — 1 case
Dept. of Human Servs. v. J. S., 303 Or. App. 324 (Or. Ct. App. 2020).
“See ORS 419B.839(2); ORS 419B.150. If the child is taken into protective custody, the juvenile court must hold a shel- ter hearing within 24 hours and either place the child in shelter care or otherwise make an initial disposition.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.