419B.875
Parties to proceedings; rights of limited participation; status of
grandparents; interpreters.
(1)(a) Parties to proceedings in the juvenile court under ORS 419B.100 and
419B.500 are:
(A) The child or
ward;
(B) The parents
or guardian of the child or ward;
(C) An alleged
genetic parent of the child or ward who has demonstrated a direct and
significant commitment to the child or ward by assuming, or attempting to
assume, responsibilities normally associated with parenthood, including but not
limited to:
(i) Residing with
the child or ward;
(ii) Contributing
to the financial support of the child or ward; or
(iii)
Establishing psychological ties with the child or ward;
(D) The state;
(E) The juvenile
department;
(F) A court
appointed special advocate, if appointed;
(G) The
Department of Human Services if:
(i) The
department is the petitioner;
(ii) The
department has taken the child or ward into protective custody;
(iii) The court
has granted the department temporary custody of the child under ORS 419B.809
(5); or
(iv) The ward has
been committed to the legal custody of the department for care, placement and
supervision under ORS 419B.337;
(H) A
child-caring agency if the agency has temporary custody of the child or ward;
and
(I) If the child
or ward is an Indian child:
(i) The Indian
child’s tribe; and
(ii) The Indian
child’s Indian custodian.
(b) An intervenor
who is granted intervention under ORS 419B.116 is a party to a proceeding under
ORS 419B.100. An intervenor under this paragraph is not a party to a proceeding
under ORS 419B.500.
(c) If an Indian
child is a member of or is eligible for membership in more than one tribe, the
court may, in its discretion, permit a tribe, in addition to the Indian child’s
tribe, to participate in a proceeding under this chapter involving the Indian
child in an advisory capacity or as a party.
(2) The rights of
the parties include, but are not limited to:
(a) The right to notice
of the proceeding and copies of the petitions, answers, motions and other
papers;
(b) The right to
appear with counsel and, except for intervenors under subsection (1)(b) of this
section, to have counsel appointed as otherwise provided by law;
(c) The right to
call witnesses, cross-examine witnesses and participate in hearings;
(d) The right of
appeal; and
(e) The right to
request a hearing.
(3) An alleged
genetic parent who satisfies the criteria set out in subsection (1)(a)(C) of
this section shall be treated as a parent, as that term is used in this chapter
and ORS chapters 419A and 419C, until the court confirms the alleged genetic
parent’s parentage or finds that the alleged genetic parent is not the legal or
genetic parent of the child or ward.
(4) If no appeal
from the judgment or order is pending, an alleged genetic parent whom a court
of competent jurisdiction has found not to be the child or ward’s legal or
genetic parent or who has filed a petition for adjudication of parentage that
was dismissed is not a party under subsection (1) of this section.
(5)(a) A person
granted rights of limited participation under ORS 419B.116 is not a party to a
proceeding under ORS 419B.100 or 419B.500 but has only those rights specified
in the order granting rights of limited participation.
(b) Persons
moving for or granted rights of limited participation are not entitled to
appointed counsel but may appear with retained counsel.
(6) If a foster
parent, preadoptive parent or relative is currently providing care for a child
or ward, the Department of Human Services shall give the foster parent,
preadoptive parent or relative notice of a proceeding concerning the child or
ward. A foster parent, preadoptive parent or relative providing care for a
child or ward has the right to be heard at the proceeding. Except when allowed
to intervene, the foster parent, preadoptive parent or relative providing care
for the child or ward is not considered a party to the juvenile court
proceeding solely because of notice and the right to be heard at the
proceeding.
(7)(a) The
Department of Human Services shall make diligent efforts to identify and obtain
contact information for the grandparents of a child or ward committed to the
department’s custody. Except as provided in paragraph (b) of this subsection,
when the department knows the identity of and has contact information for a
grandparent, the department shall give the grandparent notice of a hearing
concerning the child or ward. Upon a showing of good cause, the court may
relieve the department of its responsibility to provide notice under this
paragraph.
(b) If a
grandparent of a child or ward is present at a hearing concerning the child or
ward, and the court informs the grandparent of the date and time of a future
hearing, the department is not required to give notice of the future hearing to
the grandparent.
(c) If a
grandparent is present at a hearing concerning a child or ward, the court shall
give the grandparent an opportunity to be heard.
(d) The court’s
orders or judgments entered in proceedings under ORS 419B.185, 419B.310,
419B.325, 419B.449, 419B.476 and 419B.500 must include findings of the court as
to whether the grandparent had notice of the hearing, attended the hearing and
had an opportunity to be heard.
(e)
Notwithstanding the provisions of this subsection, a grandparent is not a party
to the juvenile court proceeding unless the grandparent has been granted rights
of intervention under ORS 419B.116.
(f) As used in
this subsection, “grandparent” means the legal parent of the child’s or ward’s
legal parent, regardless of whether the parental rights of the child’s or ward’s
legal parent have been terminated under ORS 419B.500 to 419B.524.
(8) Interpreters
for parties and persons granted rights of limited participation shall be
appointed in the manner specified by ORS 45.275 and 45.285. [Formerly 419B.115;
2003 c.231 §§1,2; 2003 c.396 §§93a,94a; 2005 c.160 §4; 2005 c.450 §8; 2007
c.454 §11; 2007 c.611 §9; 2013 c.436 §1; 2015 c.216 §1; 2017 c.651 §44; 2020
s.s.1 c.14 §28; 2021 c.398 §13; 2023 c.267 §8; 2025 c.262 §1; 2025 c.592 §145]
Notes of Decisions
Dep't of Human Servs. v. A. E. R., 374 P.3d 1018 (Wasco Cty. Cir. Ct., O.R. 2016).
· cites it 7× “We review the meaning of the rights conferred by ORS 419B.875(2) as a matter of law, under the established rules of statutory construction.”
Dep't of Human Servs. v. S. P., 275 P.3d 979 (Or. Ct. App. 2012).
· cites it 3× “” ORS 419B.875(l)(a), in turn, specifies that “[t]he child or ward,” ORS 419B.”
Dept. of Human Servs. v. W. C. T., 501 P.3d 44 (Or. Ct. App. 2021).
· cites it 2× “803; that parents are to be made par- ties to the proceedings in juvenile court, ORS 419B.875 (1)(a)(B); and that parents, when served, are subject to the jurisdiction of the court, ORS 419B.”
Dep't of Human Servs. v. D. J., 314 P.3d 998 (Or. Ct. App. 2013).
· cites it 6× “ORS 419B.875 expressly applies to jurisdictional hearings under ORS 419B.”
Dep't of Human Servs. v. G. D. W., 292 P.3d 548 (Or. 2012).
· cites it 2× “ORS 419B.875(l)(a)(A), (2). Although it is true that the child rarely, if ever, would enter anything equivalent to a pleading, the child can stake out a position on the issues before the court in the same way that any other party to the proceeding would — through opening…”
Dep't of Human Servs. v. T. L., 369 P.3d 1159 (Or. 2016).
“) 11 The broad authority to test DHS’s evidence is shown by ORS 419B.875(2), which provides a nonexclusive list of rights granted to parties in dependency and termination hearings.”
State Ex Rel. Juv. Dep't v. Kopp, 43 P.3d 1197 (Or. Ct. App. 2002).
· cites it 2× “115 was amended Bind renumbered as ORS 419B.875. Or Laws 2001, ch 622, §§ 39, 39a.”
Dep't of Human Servs. v. E. M., 341 P.3d 216 (Or. Ct. App. 2014).
· cites it 2× “Based on the circumstances presented, the juvenile court erred by denying father’s motion for continuance or otherwise failing to make other procedural accommodations to protect father’s right to participate, ORS 419B.875(2). ORS 419B.800(3). 2 Reversed and remanded.”
Keffer v. A. R. M., 497 P.3d 781 (Or. Ct. App. 2021).
· cites it 2× “366,4 have requirements for their establish- ment that tie into the other parts of the juvenile dependency initiated by an intervenor under ORS 419B.875, the state is not foreclosed from filing a subsequent action should the intervenor’s petition be denied.”
Dept. of Human Servs. v. M. T. J., 466 P.3d 702 (Or. Ct. App. 2020).
· cites it 7× “) Father argues that the court’s error here was prejudicial because it deprived father of his rights under ORS 419B.875 to participate and present a defense at the jurisdictional hearing, thus rendering the pro- ceedings fundamentally unfair.”
— Or. Rev. Stat. § 419B.875(1) — 12 cases
Keffer v. A. R. M., 497 P.3d 781 (Or. Ct. App. 2021).
“366,4 have requirements for their establish- ment that tie into the other parts of the juvenile dependency initiated by an intervenor under ORS 419B.875, the state is not foreclosed from filing a subsequent action should the intervenor’s petition be denied.”
— Or. Rev. Stat. § 419B.875(1)(a) — 4 cases
— Or. Rev. Stat. § 419B.875(1)(a)(A) — 1 case
— Or. Rev. Stat. § 419B.875(1)(a)(B) — 5 cases
Dept. of Human Servs. v. W. C. T., 501 P.3d 44 (Or. Ct. App. 2021).
“803; that parents are to be made par- ties to the proceedings in juvenile court, ORS 419B.875 (1)(a)(B); and that parents, when served, are subject to the jurisdiction of the court, ORS 419B.”
— Or. Rev. Stat. § 419B.875(1)(a)(C) — 2 cases
— Or. Rev. Stat. § 419B.875(1)(a)(D) — 1 case
— Or. Rev. Stat. § 419B.875(1)(a)(G) — 2 cases
— Or. Rev. Stat. § 419B.875(1)(b) — 1 case
— Or. Rev. Stat. § 419B.875(1)(f) — 1 case
— Or. Rev. Stat. § 419B.875(2) — 18 cases
Dep't of Human Servs. v. T. L., 369 P.3d 1159 (Or. 2016).
“) 11 The broad authority to test DHS’s evidence is shown by ORS 419B.875(2), which provides a nonexclusive list of rights granted to parties in dependency and termination hearings.”
Dep't of Human Servs. v. A. E. R., 374 P.3d 1018 (Wasco Cty. Cir. Ct., O.R. 2016).
“We review the meaning of the rights conferred by ORS 419B.875(2) as a matter of law, under the established rules of statutory construction.”
Dep't of Human Servs. v. E. M., 341 P.3d 216 (Or. Ct. App. 2014).
“Based on the circumstances presented, the juvenile court erred by denying father’s motion for continuance or otherwise failing to make other procedural accommodations to protect father’s right to participate, ORS 419B.875(2). ORS 419B.800(3). 2 Reversed and remanded.”
— Or. Rev. Stat. § 419B.875(2)(a) — 2 cases
— Or. Rev. Stat. § 419B.875(2)(b) — 4 cases
Dep't of Human Servs. v. A. E. R., 374 P.3d 1018 (Wasco Cty. Cir. Ct., O.R. 2016).
“We review the meaning of the rights conferred by ORS 419B.875(2) as a matter of law, under the established rules of statutory construction.”
— Or. Rev. Stat. § 419B.875(2)(c) — 9 cases
Dep't of Human Servs. v. A. E. R., 374 P.3d 1018 (Wasco Cty. Cir. Ct., O.R. 2016).
“We review the meaning of the rights conferred by ORS 419B.875(2) as a matter of law, under the established rules of statutory construction.”
Dep't of Human Servs. v. E. M., 341 P.3d 216 (Or. Ct. App. 2014).
“Based on the circumstances presented, the juvenile court erred by denying father’s motion for continuance or otherwise failing to make other procedural accommodations to protect father’s right to participate, ORS 419B.875(2). ORS 419B.800(3). 2 Reversed and remanded.”
Dept. of Human Servs. v. M. T. J., 466 P.3d 702 (Or. Ct. App. 2020).
“) Father argues that the court’s error here was prejudicial because it deprived father of his rights under ORS 419B.875 to participate and present a defense at the jurisdictional hearing, thus rendering the pro- ceedings fundamentally unfair.”
— Or. Rev. Stat. § 419B.875(3) — 1 case
— Or. Rev. Stat. § 419B.875(l)(a) — 2 cases
— Or. Rev. Stat. § 419B.875(l)(a)(A) — 2 cases
Dep't of Human Servs. v. G. D. W., 292 P.3d 548 (Or. 2012).
“ORS 419B.875(l)(a)(A), (2). Although it is true that the child rarely, if ever, would enter anything equivalent to a pleading, the child can stake out a position on the issues before the court in the same way that any other party to the proceeding would — through opening…”
— Or. Rev. Stat. § 419B.875(l)(a)(B) — 3 cases
— Or. Rev. Stat. § 419B.875(l)(a)(C) — 1 case
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