Bill Text: OR HB2689 | 2011 | Regular Session | Enrolled
Bill Title: Relating to juvenile dependency proceedings.
Spectrum: Unknown
Status: (Passed) 2011-05-19 - Chapter 116, (2011 Laws): Effective date January 1, 2012. [HB2689 Detail]
Download: Oregon-2011-HB2689-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 2689
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of House Interim Committee on Judiciary
for Oregon Law Commission)
CHAPTER ................
AN ACT
Relating to juvenile dependency proceedings; amending ORS
419B.818.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 419B.818 is amended to read:
419B.818. The summons for appearance in a proceeding to
establish jurisdiction under ORS 419B.100 must be in
substantially the following form:
_________________________________________________________________
IN THE CIRCUIT COURT
OF THE STATE OF OREGON
FOR ________
COUNTY
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
In the Matter of )
) No.
) Petition No.
)
A Child. ) SUMMONS
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
TO: Name and address
IN THE NAME OF THE STATE OF OREGON:
You are directed:
___ To appear in person before this Court at __________
(address), Courtroom #___, __________, Oregon, on: the ___ day of
___, 2__, at __ o'clock _.m. for a hearing on the allegations of
the petition and at any subsequent court-ordered hearing. You
must appear personally in the courtroom on the date and at the
time listed above. An attorney may not attend the hearing in your
place. However, if you are the child at issue in this proceeding
Enrolled House Bill 2689 (HB 2689-INTRO) Page 1
and you have an attorney, you may rely upon your attorney to
appear at the hearing on your behalf.
___ To appear in person before this Court at __________
(address), Courtroom #___, __________, Oregon, on the ___ day of
___, 2__, at __ o'clock _.m. to admit or deny the allegations of
the petition and at any subsequent court-ordered hearing. You
must appear personally in the courtroom on the date and at the
time listed above. An attorney may not attend the hearing in your
place. However, if you are the child at issue in this proceeding
and you have an attorney, you may rely upon your attorney to
appear at the hearing on your behalf.
___ To file a written answer to the petition no later than 30
days after the date you were served with this summons and to
appear at any court-ordered hearing. An attorney may not attend
any court-ordered hearing in your place. However, if you are the
child at issue in this proceeding and you have an attorney, you
may rely upon your attorney to file and to appear at the hearing
on your behalf.
NOTICE:
READ THESE PAPERS CAREFULLY!
A petition has been filed to establish jurisdiction under ORS
419B.100. A copy of the petition is attached.
No later than 30 days from the date the petition is filed, each
person about whom allegations have been made in the petition must
admit or deny the allegations. Unless directed otherwise above,
the admission or denial may be made orally at the hearing or
filed with the court in writing.
If you do not appear or file a written answer as directed above,
or do not appear at any subsequent court-ordered hearing, the
Court may proceed without further notice and take jurisdiction of
the child(ren) either on the date specified in this summons or on
a future date, and make such orders and take such action as
authorized by law including, but not limited to, establishing
wardship over the child, ordering the removal of the child(ren)
from the legal and physical custody of the parent(s) or
guardian(s) and, if the petition alleges that the child(ren) has
(have) been physically or sexually abused, restraining you from
having contact with, or attempting to contact, the child(ren) and
requiring you to move from the household in which the child(ren)
resides (reside).
RIGHTS AND OBLIGATIONS
You have a right to be represented by an attorney. If you wish to
be represented by an attorney, please retain one as soon as
possible to represent you in this proceeding. If you are the
child or the parent or legal guardian of the child and you cannot
afford to hire an attorney and you meet the state's financial
guidelines, you are entitled to have an attorney appointed for
you at state expense. To request appointment of an attorney to
represent you at state expense, you must contact the juvenile
court immediately. Phone ___ for further information. If you are
represented by an attorney, it is your responsibility to maintain
Enrolled House Bill 2689 (HB 2689-INTRO) Page 2
contact with your attorney and to keep your attorney advised of
your whereabouts.
If you are a parent or other person legally obligated to support
the child(ren), you have the obligation to support the
child(ren). You may be required to pay for compensation and
reasonable expenses for the child(ren)'s attorney. You may be
required to pay support for the child(ren) while the child(ren)
is (are) in state financed or state supported custody. You may be
required to provide health insurance coverage for the child(ren)
while the child(ren) is (are) in state financed or state
supported custody. You may be required to pay other costs that
arise from the child(ren) being in the jurisdiction of the Court.
If you are ordered to pay for the child(ren)'s support or there
is an existing order of support from a divorce or other
proceeding, that support order may be assigned to the state to
apply to the costs of the child(ren)'s care.
If this summons requires you to appear before the court to admit
or deny the allegations of the petition or requires you to file a
written answer to the petition and you contest the petition, the
court will schedule a hearing on the allegations of the petition
and order you to appear personally and may schedule other
hearings related to the petition and order you to appear
personally. If you are ordered to appear, you must appear
personally 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. If you are the child at issue in this proceeding and you
have an attorney, your attorney may appear in your place.
{ + If your rights are adversely affected by the court's
judgment or decision regarding jurisdiction or disposition, you
have the right to appeal under ORS 419A.200. If you decide to
appeal a judgment or decision of the court, you must file a
notice of appeal no later than 30 days after the entry of the
court's judgment or decision as provided in ORS 419A.200. You
have a right to be represented by an attorney in an appeal under
ORS 419A.200. If you are the child or the parent or legal
guardian of the child and you cannot afford to hire an attorney
and you meet the state's financial guidelines, you are entitled
to have an attorney appointed for you at state expense. To
request appointment of an attorney to represent you at state
expense in an appeal under ORS 419A.200, you must contact the
juvenile court immediately. Phone ___ for further
information. + }
By: (Name and Title)
Date Issued: ________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
----------
Enrolled House Bill 2689 (HB 2689-INTRO) Page 3
Passed by House March 1, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate May 9, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2689 (HB 2689-INTRO) Page 4
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2689 (HB 2689-INTRO) Page 5
