419B.890
Dismissal of petition at end of petitioner’s case; settlement conference. (1) After the proponent of the
petition has completed the presentation of evidence, any other party, without
waiving the right to offer evidence in the event the motion is not granted, may
move for dismissal of any or all of the allegations of the petition on the
ground that upon the facts and the law the proponent of the petition has failed
to prove the allegations or, if proven, the allegations do not constitute a
legal basis for the relief sought by the petition. The court may order
dismissal of the petition or one or more of the allegations of the petition, or
the court may decline to render any order until the close of all the evidence.
(2) Unless the
court in its judgment of dismissal otherwise specifies, a dismissal under this
section operates as an adjudication without prejudice.
(3) At any time
at the request of a party or upon the court’s own motion, the court may order a
settlement conference or, if funds are available for a mediator, mediation.
(4) If there is
reason to know that the child or ward is an Indian child, prior to scheduling a
settlement conference on jurisdiction, guardianship under ORS 419B.365 or
419B.366 or termination of parental rights under ORS 419B.500, the petitioner
shall provide notice to the Indian child’s tribe pursuant to ORS 419B.639. In
addition, the court shall provide notice to the Indian child’s tribe that
includes a description of the settlement process, the procedure to schedule the
settlement conference and the date that the hearing will occur if settlement is
not reached. [2001 c.622 §24; 2020 s.s.1 c.14 §41]
Notes of Decisions
State Ex Rel. Juv. Dep't v. N. W., 221 P.3d 174 (Or. Ct. App. 2009).
· cites it 2× “1 A puzzling situation could be presented (but is not, in this case) under ORS 419B.890, the statute permitting a parent to move for dismissal, after the state has presented its case, on the ground that the petition does not contain allegations that, “if proven, * * * constitute…”
Dept. of Human Servs. v. J. E. D. V., 326 Or. App. 149 (Or. Ct. App. 2023).
· cites it 4× “ORS 419B.890 authorizes a juvenile court, upon motion of a party, to adjudicate a petition at the close of the petitioner’s evidence: “(1) After the proponent of the petition has completed the presentation of evidence, any other party, without waiving the right to offer evidence…”
Dep't of Human Servs. v. D. D., 241 P.3d 1177 (Or. Ct. App. 2010).
“Mother made no objection to the juvenile court so proceeding, nor did she move for dismissal pursuant to ORS 419B.890(1). Rather, at the disposition hearing, mother argued that she was “an appropriate and safe placement” and that child should be placed with her, rather than with…”
State v. R. H., 239 P.3d 505 (Or. Ct. App. 2010).
· cites it 2× “After the proponent of the petition has presented evidence, any other party, without waiving the right to offer evidence in the event that the motion is denied, ‘may move for dismissal of any or all of the allegations of the petition on the ground that[,] * * * if proven, the…”
Dept. of Human Servs. v. J. E. D. V. (Or. Ct. App. 2023).
· cites it 4× “ORS 419B.890 authorizes a juvenile court, upon motion of a party, to adjudicate a petition at the close of the petitioner’s evidence: “(1) After the proponent of the petition has completed the presentation of evidence, any other party, without waiving the right to offer evidence…”
In Re Zh, 239 P.3d 505 (Or. Ct. App. 2010).
· cites it 2× “After the proponent of the petition has presented evidence, any other party, without waiving the right to offer evidence in the event that the motion is denied, `may move for dismissal of any or all of the allegations of the petition on the ground that[,] * * * if proven, the…”
— Or. Rev. Stat. § 419B.890(1) — 6 cases
Dep't of Human Servs. v. D. D., 241 P.3d 1177 (Or. Ct. App. 2010).
“Mother made no objection to the juvenile court so proceeding, nor did she move for dismissal pursuant to ORS 419B.890(1). Rather, at the disposition hearing, mother argued that she was “an appropriate and safe placement” and that child should be placed with her, rather than with…”
State Ex Rel. Juv. Dep't v. N. W., 221 P.3d 174 (Or. Ct. App. 2009).
“1 A puzzling situation could be presented (but is not, in this case) under ORS 419B.890, the statute permitting a parent to move for dismissal, after the state has presented its case, on the ground that the petition does not contain allegations that, “if proven, * * * constitute…”
State v. R. H., 239 P.3d 505 (Or. Ct. App. 2010).
“After the proponent of the petition has presented evidence, any other party, without waiving the right to offer evidence in the event that the motion is denied, ‘may move for dismissal of any or all of the allegations of the petition on the ground that[,] * * * if proven, the…”
Dept. of Human Servs. v. J. E. D. V., 326 Or. App. 149 (Or. Ct. App. 2023).
“ORS 419B.890 authorizes a juvenile court, upon motion of a party, to adjudicate a petition at the close of the petitioner’s evidence: “(1) After the proponent of the petition has completed the presentation of evidence, any other party, without waiving the right to offer evidence…”
In Re Zh, 239 P.3d 505 (Or. Ct. App. 2010).
“After the proponent of the petition has presented evidence, any other party, without waiving the right to offer evidence in the event that the motion is denied, `may move for dismissal of any or all of the allegations of the petition on the ground that[,] * * * if proven, the…”
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