(1) Any person may file a petition in the juvenile court alleging that a child named therein is within the jurisdiction of the court under ORS § 419B.100.

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Terms Used In Oregon Statutes 419B.809

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Oath: A promise to tell the truth.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(2) The petition and all subsequent court documents in the proceeding must be entitled ‘In the matter of_____, a child.’ The petition must be in writing, signed by the petitioner or the petitioner’s attorney and verified.

(3) When the petition is filed by a peace officer, district attorney, attorney general, juvenile department counselor, employee of the Department of Human Services or employee of the Oregon Youth Authority, the petition may be verified upon the information and belief of the petitioner. In all other cases, the petition must be based on the personal knowledge of the petitioner.

(4) The petition alleging jurisdiction must set forth in ordinary and concise language such of the following facts as are known and indicate any that are not known. The petition shall:

(a) Contain the name, age and residence of the child.

(b) Contain the facts that bring the child within the jurisdiction of the court, including sufficient information to put the parties on notice of the issues in the proceeding.

(c) Contain the name and residence of the child’s parent and, in cases under ORS § 419B.100, the names of persons with whom, and the places where, the child has resided for the previous five years.

(d) Indicate whether there is a proceeding involving the custody of the child pending in any court.

(e) Indicate whether a person other than a parent has or claims to have physical custody of the child and, if so, the name and residence of the person having physical custody of the child.

(f) Indicate whether the petitioner has participated in any capacity in any other proceeding concerning the custody of or parenting time or visitation with the child and, if so, the court, case number and date of any child custody determination.

(g) Indicate whether the petitioner knows of any proceeding that could affect the current proceeding and, if so, the court, case number and date of the proceeding.

(5) At any time after a petition is filed, the court may make an order providing for temporary custody of the child.

(6) The court, on motion of an interested party or on its own motion, may at any time direct that the petition be amended. If the amendment results in a substantial departure from the facts originally alleged, the court shall grant such continuance as the interests of justice may require.

(7) Prior to an adjudicatory hearing on the petition, the court may dismiss the petition provided that every party has had an opportunity to investigate and present a case supporting the petition or has waived the opportunity to investigate and the right to present a case. At or after an adjudicatory hearing, the court may dismiss the petition at any other stage of the proceedings.

(8) The petition for jurisdiction must be in substantially the following form.

______________________________________________________________________________

 

 

WHEREFORE, petitioner prays this Court to have an investigation made of the circumstances concerning the above-named child and to make such order or orders as are appropriate in the circumstances.

__________________

Petitioner

 

I, ____________, being first duly sworn, on oath or upon affirmation, depose and say that I am the petitioner in the above-entitled proceeding, that I have read the foregoing petition, know the contents thereof, and the same is true as I am informed and believe.

__________________

Petitioner

 

SIGNED AND SWORN to before me on____________, 2___.

_____________________

SEAL (Alternate Verification)

 

I, ____________, being first duly sworn, on oath or upon affirmation, depose and say that I am the petitioner in the above-entitled proceeding, that I have read the foregoing petition, know the contents thereof, and the same is true based on my personal knowledge of this matter.

__________________

Petitioner

 

SIGNED AND SWORN to before me on____________, 2___.

_____________________

SEAL

______________________________________________________________________________ [2001 c.622 § 4]