(2) At the commencement of the hearing, unless the court has entered an order finding that the child is an Indian child, the court shall inquire and make a finding, subject to the procedures under ORS 419B.636 (4), regarding whether there is reason to know that the child is an Indian child.
(3)(a) If the child is an Indian child and if the court found under ORS 419B.185 (5)(b)(B) that protective custody is necessary to prevent imminent physical damage or harm to the child, no later than 30 days after the petition is filed, the court shall hold the hearing and enter the order described in subsection (1) of this section, unless:
(A) The child has been returned to the child’s parent or Indian custodian;
(B) The court orders the child to be returned to the child’s parent or Indian custodian;
(C) The court continues the protective order regarding the child for more than 30 days as provided in ORS 419B.185 (5)(d); or
(D) The court grants the child’s parent, Indian custodian or tribe an extension of time to prepare for participation in the hearing as provided in ORS 419B.639 (5).
(b) The court may not schedule a hearing on the petition, or enter an order on the petition, unless the inquiry and notice requirements under ORS 419B.636 (2) and 419B.639 (2) and all relevant timelines have been followed.
(4) No later than 30 days after a petition alleging jurisdiction under ORS 419B.100 is filed, all parties shall comply with ORS 419B.881.
(5) When a person denies allegations in the petition, the court shall set the case for a hearing within the time limits prescribed by subsection (1) of this section. Upon written order supported by factual findings of good cause, the court may continue the hearing beyond the 60-day time limit.
(6) Upon expiration of any continuance granted by this section, the court shall give a petition filed under ORS 419B.100 that is beyond the time limit imposed by subsection (1) of this section the highest priority on the court docket. [1997 c.873 §18; 1999 c.859 §9; 2001 c.622 §53; 2020 s.s.1 c.14 §34; 2021 c.398 §57]
Structure 2021 Oregon Revised Statutes
Volume : 11 - Juvenile Code, Human Services
Chapter 419B - Juvenile Code: Dependency
Section 419B.005 - Definitions.
Section 419B.010 - Duty of officials to report child abuse; exceptions; penalty.
Section 419B.015 - Report form and content; notice.
Section 419B.016 - Offense of false report of child abuse.
Section 419B.019 - Investigation of report involving school; notification; rules.
Section 419B.023 - Duties of person conducting investigation under ORS 419B.020.
Section 419B.026 - Required findings for investigation conducted under ORS 419B.020.
Section 419B.028 - Photographing child during investigation; photographs as records.
Section 419B.030 - Central registry of reports.
Section 419B.035 - Confidentiality of records; when available to others; rules.
Section 419B.090 - Juvenile court; jurisdiction; policy.
Section 419B.100 - Jurisdiction; bases; Indian children.
Section 419B.116 - Intervention; caregiver relationship; rights of limited participation.
Section 419B.117 - Notice to parents or guardian of child; when given; contents.
Section 419B.121 - Return of runaway children to another state.
Section 419B.127 - Transfer to court of county of child or ward’s residence.
Section 419B.130 - Delegation of jurisdiction by county of residence.
Section 419B.132 - Delegation of jurisdiction among county juvenile courts.
Section 419B.150 - When protective custody authorized; protective custody order.
Section 419B.152 - Protective custody of runaway child.
Section 419B.155 - Protective custody not arrest.
Section 419B.165 - Release of child taken into custody; rules.
Section 419B.168 - Procedure when child is not released.
Section 419B.171 - Report required when child is taken into protective custody.
Section 419B.175 - Initial disposition of child taken into protective custody.
Section 419B.185 - Evidentiary hearing.
Section 419B.205 - Appointment of counsel for parent or legal guardian.
Section 419B.211 - Motion to withdraw as counsel.
Section 419B.220 - Appointment of surrogate.
Section 419B.223 - Duties and tenure of surrogate.
Section 419B.231 - Appointment; hearing; findings.
Section 419B.234 - Qualifications; duties; privilege.
Section 419B.237 - Duration of appointment; compensation.
Section 419B.305 - When hearing must be held; continuation; priority.
Section 419B.310 - Conduct of hearings.
Section 419B.325 - Disposition required; evidence.
Section 419B.328 - Ward of the court; duration of wardship.
Section 419B.335 - Department of Human Services reports regarding out-of-state placements.
Section 419B.337 - Commitment to custody of Department of Human Services.
Section 419B.340 - Reasonable or active efforts determination.
Section 419B.343 - Recommendations of committing court; case planning; plan contents.
Section 419B.349 - Court authority to review placement or proposed placement.
Section 419B.351 - Court approval of placement in qualified residential treatment program.
Section 419B.365 - Permanent guardianship; petition; when filed; procedure.
Section 419B.366 - Guardianship; motion; procedure.
Section 419B.368 - Review, modification or vacation of guardianship order.
Section 419B.369 - Guardianship study; rules.
Section 419B.371 - Community guardianship.
Section 419B.372 - Guardianship as incident of custody.
Section 419B.373 - Duties and authority of legal custodian.
Section 419B.376 - Duties and authority of guardian.
Section 419B.395 - Judgment of parentage or nonparentage.
Section 419B.400 - Authority to order support; collection.
Section 419B.408 - Enforcement of support order.
Section 419B.440 - Circumstances requiring reports; exceptions.
Section 419B.443 - Time and content of reports.
Section 419B.446 - Filing report.
Section 419B.449 - Review hearing by court; findings.
Section 419B.470 - Permanency hearing; schedule.
Section 419B.473 - Notice; appearance.
Section 419B.476 - Conduct of hearing; court determinations; orders.
Section 419B.500 - Termination of parental rights generally.
Section 419B.502 - Termination upon finding of extreme conduct.
Section 419B.504 - Termination upon finding of unfitness.
Section 419B.506 - Termination upon finding of neglect.
Section 419B.510 - Termination upon finding child conceived as result of rape.
Section 419B.517 - Mediation to be encouraged.
Section 419B.518 - Appointment of counsel for parents.
Section 419B.521 - Conduct of termination hearing.
Section 419B.524 - Effect of termination order.
Section 419B.527 - Disposition of ward after termination.
Section 419B.530 - Representation by Attorney General.
Section 419B.532 - Reinstatement of parental rights; rules.
Section 419B.550 - Definitions for ORS 419B.550 to 419B.558.
Section 419B.552 - Application for emancipation judgment; effect of judgment.
Section 419B.558 - Entry of judgment of emancipation.
Section 419B.600 - Policy on Indian child welfare.
Section 419B.603 - Definitions.
Section 419B.606 - Custody; presumption of continued custody.
Section 419B.609 - Acknowledgment or establishment of parentage.
Section 419B.612 - Best interests of Indian child.
Section 419B.615 - Assistance enrolling child in tribe; notice to parents.
Section 419B.618 - Determination of Indian child’s tribe.
Section 419B.621 - Judicial determination of Indian child’s residence, domicile and status as ward.
Section 419B.624 - Tribal-state agreements.
Section 419B.627 - Jurisdiction; limitations; tribal court assumption of jurisdiction.
Section 419B.630 - Motion to transfer to tribal court; objection; good cause to deny transfer.
Section 419B.633 - Transfer to tribal court.
Section 419B.642 - Qualified expert witness.
Section 419B.645 - Active efforts.
Section 419B.646 - Right to appear; withdrawal by party.
Section 419B.647 - Right to counsel.
Section 419B.648 - Right to examine reports or documents.
Section 419B.656 - Tribal customary adoption; rules; forms.
Section 419B.657 - Reports to Legislative Assembly.
Section 419B.660 - Conflict of laws.
Section 419B.663 - Full faith and credit.
Section 419B.800 - Applicability of ORS 419B.800 to 419B.929.
Section 419B.803 - Jurisdiction.
Section 419B.806 - Consolidation; when required; procedures.
Section 419B.809 - Petition; contents; form; dismissal.
Section 419B.812 - Issuance of summons; time for hearing on petition.
Section 419B.816 - Notice to person contesting petition to establish jurisdiction.
Section 419B.818 - Form of summons under ORS 419B.815.
Section 419B.822 - Form of summons under ORS 419B.819.
Section 419B.823 - Service of summons generally.
Section 419B.824 - Methods of serving summons.
Section 419B.833 - Proof of service of summons or mailing.
Section 419B.839 - Required and discretionary summons.
Section 419B.842 - When arrest warrant authorized.
Section 419B.845 - Restraining order when child abuse alleged.
Section 419B.846 - Service of restraining order.
Section 419B.848 - Process generally.
Section 419B.851 - Service of process; filing; proof of service.
Section 419B.854 - Computing statutory time periods.
Section 419B.857 - Pleadings; construction.
Section 419B.863 - Pleadings; captions.
Section 419B.866 - Signing pleadings required; effect of signing or not signing.
Section 419B.869 - Responding to pleadings; time limit.
Section 419B.872 - Amendment of pleadings.
Section 419B.878 - Judicial inquiry and finding regarding whether child is Indian child.
Section 419B.881 - Disclosure; scope; when required; exceptions; breach of duty to disclose.
Section 419B.884 - Depositions; procedure.
Section 419B.890 - Dismissal of petition at end of petitioner’s case; settlement conference.
Section 419B.893 - Subpoenas generally.
Section 419B.896 - Subpoena for production of books, papers, documents and other tangible things.
Section 419B.899 - Issuance of subpoena.
Section 419B.902 - Service of subpoena.
Section 419B.905 - Subpoena of incarcerated witness.
Section 419B.918 - Manner of appearance.
Section 419B.923 - Modifying or setting aside order or judgment.
Section 419B.926 - Stay of order or judgment pending appeal.
Section 419B.953 - Training and continuing education for caseworkers.