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Oregon Revised Statutes

Or. Rev. Stat. § 419C.616 (2026)

Effect of prior proceeding on petition under ORS 419C.615

✓ current as of May 2026
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      419C.616 Effect of prior proceeding on petition under ORS 419C.615. (1) The effect of a prior proceeding concerning the adjudication of the person that is challenged in a petition under ORS 419C.615 is as follows:

      (a) The failure of the petitioner to have sought appellate review of the adjudication, or to have raised matters alleged in the petition at the prior proceeding, does not affect the availability of relief under ORS 419C.615. No proceeding under ORS 419C.615 may be pursued while direct appellate review of the adjudication remains available.

      (b) When the petitioner sought and obtained direct appellate review of the adjudication, no ground for relief may be asserted in a petition for relief under ORS 419C.615 unless the ground was not asserted and could not reasonably have been asserted in the direct appellate review proceeding. If the petitioner was not represented by counsel in the direct appellate review proceeding, due to lack of funds to retain such counsel and the failure of the court to appoint counsel for that proceeding, any ground for relief under ORS 419C.615 that was not specifically decided by the appellate court may be asserted in the petition described in ORS 419C.615.

      (2) The court may grant leave, at any time prior to entry of an order granting or denying relief, to withdraw the petition. The court may make appropriate orders as to the amendment of the petition or any other pleading, as to the filing of further pleadings, or as to extending the time of filing of any pleading other than the original petition.

      (3) All grounds for relief claimed in a petition described in ORS 419C.615 must be asserted in the original or amended petition, and any grounds not asserted are deemed waived, unless the court on hearing a subsequent petition finds grounds for relief asserted therein that could not reasonably have been raised in the original or amended petition. However, any prior petition or amended petition that was withdrawn prior to the entry of an order granting or denying relief by leave of the court, as provided in subsection (2) of this section, has no effect on the right of the petitioner to bring a subsequent petition. [2001 c.803 §4]

Notes of Decisions
Cited in 3 cases, 2016–2017 · leading case: Dep't of Human Servs. v. T. L., 369 P.3d 1159 (Or. 2016).
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Dep't of Human Servs. v. T. L., 369 P.3d 1159 (Or. 2016). · cites it 3× “In addition, ORS 419C.616 sets out detailed exhaustion-type provisions concerning the relationship between a proceeding to set aside a delinquency judgment and other proceedings, including a direct appeal from the judgment, and ORS 419C.”
State v. E. C.-P. (In re E. C.-P.), 410 P.3d 1045 (Or. Ct. App. 2017). “615 and ORS 419C.616. Youth has not argued that the juvenile court violated the findings requirement in paragraph (2).”
Dept. of Human Servs. v. T. L. (Or. 2016). · cites it 3× “In addition, ORS 419C.616 sets out detailed exhaustion-type provisions concerning the relationship between a proceed- ing to set aside a delinquency judgment and other proceed- ings, including a direct appeal from the judgment, and ORS 419C.”
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