419B.918
Manner of appearance.
(1) Notwithstanding ORS 419B.815, 419B.816, 419B.819 and 419B.820, on timely
written motion of a person showing good cause, a court may permit the person,
instead of appearing personally, to participate in any hearing related to a
petition alleging jurisdiction under ORS 419B.100, a petition to establish a
permanent guardianship under ORS 419B.365 or a petition seeking termination of
parental rights under ORS 419B.500, 419B.502, 419B.504, 419B.506 or 419B.508 in
any manner that complies with the requirements of due process including, but
not limited to, telephonic or other electronic means.
(2) If a person
who is summoned or ordered to appear under ORS 419B.815, 419B.816, 419B.819 or
419B.820 seeks to reschedule any hearing at which the person is required to
appear, the person must:
(a) Appear
personally at the time specified in the summons or order to request the change;
or
(b) Include in
the person’s written motion requesting the change the person’s current mailing
address, to which the court may send notice of the new date for the hearing if
the motion is granted.
(3) In any
proceeding that involves the interstate placement of a child or ward, the court
may:
(a) Permit a
party from outside this state to provide information, testify or otherwise
participate in the proceeding in any manner the court designates, provided the
party complies with subsection (1) of this section, if applicable;
(b) Permit an
attorney from outside this state representing any party to participate in the
proceeding in any manner the court designates; and
(c) Obtain
information or testimony in any manner the court designates from a state or
private agency located in another state.
(4)(a)
Notwithstanding subsections (1) and (3) of this section, a party to a
proceeding involving an Indian child may move the court to permit the party or
any witness for the moving party to participate remotely or to provide remote
location testimony.
(b) Subject to
ORS 45.400, the court may allow the moving party or a witness for the moving
party to give remote location testimony.
(c) If the moving
party will not be providing testimony and if facilities are available that
would permit the moving party to participate remotely, the court shall allow
the moving party to participate remotely.
(d) As used in
this subsection:
(A) “Participate
remotely” means to participate, other than by testifying, from a physical
location outside of the courtroom of record via simultaneous electronic
transmission.
(B) “Remote
location testimony” has the meaning given that term in ORS 45.400.
(C) “Simultaneous
electronic transmission” means television, telephone or any other form of
electronic communication transmission if the form of transmission allows the
court, the attorneys and the party participating remotely to communicate with
each other during the proceeding. [2003 c.205 §13 (enacted in lieu of
419B.917); 2007 c.497 §9; 2007 c.611 §10; 2020 s.s.1 c.14 §42]
Notes of Decisions
Dep't of Human Servs. v. K. M. J., 370 P.3d 1258 (Or. Ct. App. 2016).
· cites it 2× “r 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…”
Dep't of Human Servs. v. E. M., 341 P.3d 216 (Or. Ct. App. 2014).
“918, before he was released from jail near the end of the business day on the eve of a holiday weekend with instructions to appear at an arraignment the following Monday morning, a mere 30 minutes before father’s termination trial was scheduled to begin in another state.”
Dept. of Human Servs. v. S. L. M., 338 Or. App. 676 (Or. Ct. App. 2025).
· cites it 5× “If you are ordered to appear, you must personally appear in the courtroom unless the court has granted you an exception in advance under ORS 419B.918 to appear by other means including, but not limited to, telephonic or other electronic means.”
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× “The order further told mother the name of her appointed attorney, directed mother to maintain contact with him, and gave her the following instructions regarding future court appearances: "If you show good cause, such as incarceration, ORS 419B.918 allows the judge to give you…”
Dept. of Human Servs. v. E. L. P., 336 Or. App. 751 (Or. Ct. App. 2024).
· cites it 2× “” The state opposed the motion to continue, arguing that under ORS 419B.918 the court may allow a person to participate “in any manner that complies with requirements of due process, including, but not lim- ited to, telephonic or other electronic means.”
Dept. of Human Servs. v. E. L. P., 336 Or. App. 751 (Or. Ct. App. 2024).
· cites it 2× “” The state opposed the motion to continue, arguing that under ORS 419B.918 the court may allow a person to participate “in any manner that complies with requirements of due process, including, but not lim- ited to, telephonic or other electronic means.”
Dep't of Human Servs. v. K. M. J., 356 P.3d 1132 (Or. Ct. App. 2015).
“Under ORS 419B.918(1), a court may “permit the person, instead of appearing personally, to participate in any hearing related to * * * a petition seeking termination of parental rights * * * in any manner that complies with the requirements of due process including, hut not…”
Dept. of Human Servs. v. C. M. W., 453 P.3d 628 (Or. Ct. App. 2019).
· cites it 2× “arings related to the petition; “(2) Require the parent to appear personally at the next hearing or hear- ings 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…”
Dept. of Human Servs. v. M. L. N., 493 P.3d 1127 (Or. Ct. App. 2021).
“875(2) (a parent has the “right to call witnesses, cross-examine witnesses and participate in hear- ings”); ORS 419B.918 (on a written motion showing good cause, the “court may permit the person, instead of appear- ing personally, to participate in any hearing related to a…”
Dep't of Human Servs. v. R. N., 360 P.3d 535 (Or. Ct. App. 2015).
“815(7), the court may allow a parent to appear by telephone “on timely written motion * * * showing good *185 cause” under ORS 419B.918(1). And, even though mother’s motion for a continuance was made orally and the court did not find a showing of good cause to allow her to…”
— Or. Rev. Stat. § 419B.918(1) — 4 cases
Dep't of Human Servs. v. K. D. S. (In re C. D. S.), 423 P.3d 784 (Or. Ct. App. 2018).
“The order further told mother the name of her appointed attorney, directed mother to maintain contact with him, and gave her the following instructions regarding future court appearances: "If you show good cause, such as incarceration, ORS 419B.918 allows the judge to give you…”
Dep't of Human Servs. v. K. M. J., 356 P.3d 1132 (Or. Ct. App. 2015).
“Under ORS 419B.918(1), a court may “permit the person, instead of appearing personally, to participate in any hearing related to * * * a petition seeking termination of parental rights * * * in any manner that complies with the requirements of due process including, hut not…”
Dept. of Human Servs. v. S. L. M., 338 Or. App. 676 (Or. Ct. App. 2025).
“If you are ordered to appear, you must personally appear in the courtroom unless the court has granted you an exception in advance under ORS 419B.918 to appear by other means including, but not limited to, telephonic or other electronic means.”
Dep't of Human Servs. v. R. N., 360 P.3d 535 (Or. Ct. App. 2015).
“815(7), the court may allow a parent to appear by telephone “on timely written motion * * * showing good *185 cause” under ORS 419B.918(1). And, even though mother’s motion for a continuance was made orally and the court did not find a showing of good cause to allow her to…”
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