419C.613
Notice of modification.
(1) Except as provided in subsection (2) of this section, notice and a hearing
as provided in this chapter shall be granted in any case where the effect of
modifying or setting aside the order will or may be to deprive a parent of the
legal custody of the adjudicated youth, to place the adjudicated youth in an
institution or agency or to transfer the adjudicated youth from one institution
or agency to another. However, the provisions of this subsection do not apply
to a parent whose rights have been terminated by the court or whose child has
been permanently committed by order of the court unless an appeal from such
order is pending.
(2) Notice and a
hearing as provided in subsection (1) of this section are not required where
the effect of modifying or setting aside the order will be to transfer the
adjudicated youth from one foster home to another. [1993 c.33 §262; 2003 c.396 §135;
2021 c.489 §104]
Notes of Decisions
State Ex Rel. Juv. Dep't v. Tyree, 33 P.3d 729 (Or. Ct. App. 2001).
· cites it 2× “Moreover, the statute itself demonstrates that the legislature knows how to create exceptions to broadly worded statutes when it so intends.”
State v. S.-Q. K. (In re S.-Q. K.), 426 P.3d 659 (Or. Ct. App. 2018).
“190 ; if the word "petition" refers only to jurisdictional petitions, then the reference to "adjudicatory proceedings" in ORS 419A.”
State Ex Rel. Juv. Dep't v. Balderas, 18 P.3d 434 (Or. Ct. App. 2001).
“610 provides: “Except as provided in ORS 419C.613, the court may modify or set aside any order made by it upon such notice and with such hearing as the court may direct.”
State Ex Rel. Juv. Dep't v. Rial, 46 P.3d 217 (Or. Ct. App. 2002).
“2 For the following reasons, however, we conclude that youth received constitutionally adequate notice.”
State Ex Rel. Juv. Dept. v. Dreyer, 976 P.2d 1123 (Or. 1999).
“610 states: "Except as provided in ORS 419C.613, the court may modify or set aside any order made by it upon such notice and with such hearing as the court may direct.”
State v. E. C.-P. (In re E. C.-P.), 410 P.3d 1045 (Or. Ct. App. 2017).
· cites it 2× “"(2) When the court modifies or sets aside an order of jurisdiction based on a petition alleging that a youth offender has committed an act that would constitute a sex crime, as defined in ORS 163A.”
State Ex Rel. Juv. Dep't v. Alderson, 932 P.2d 97 (Or. Ct. App. 1997).
“610 provides: “Except as provided in ORS 419C.613, the court may modify or set aside any order made by it upon such notice and with such hearing as the court may direct.”
State ex rel. Juv. Dep't v. Ortiz, 65 P.3d 1118 (Or. Ct. App. 2003).
“610 provides, in part: “(1) Except as provided in ORS 419C.613, 419C.615 and 419C.616, the court may modify or set aside any order made by it upon such notice and with such hearing as the court may direct.”
State v. J. T.-B., 476 P.3d 538 (Or. Ct. App. 2020).
“610, a person may petition the court on the following grounds to set aside an order finding the person to be within the juris- diction of the court under ORS 419C.”
State ex rel. Juv. Dep't v. Deyer, 976 P.2d 1123 (Or. 1999).
“610 states: “Except as provided in ORS 419C.613, the court may modify or set aside any order made by it upon such notice and with such hearing as the court may direct.”
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