Oregon Statutes 419B.839 – Required and discretionary summons
(1) Summons in proceedings to establish jurisdiction under ORS § 419B.100 must be served on:
Terms Used In Oregon Statutes 419B.839
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Summons: Another word for subpoena used by the criminal justice system.
(a) The parents of the child without regard to who has legal or physical custody of the child;
(b) The legal guardian of the child;
(c) A putative father of the child who satisfies the criteria set out in ORS § 419B.875 (1)(a)(C), except as provided in subsection (4) of this section;
(d) A putative father of the child if notice of the initiation of filiation or parentage proceedings was on file with the Center for Health Statistics of the Oregon Health Authority prior to the initiation of the juvenile court proceedings, except as provided in subsection (4) of this section;
(e) The person who has physical custody of the child, if the child is not in the physical custody of a parent; and
(f) The child, if the child is 12 years of age or older.
(2) If it appears to the court that the welfare of the child or of the public requires that the child immediately be taken into custody, the court may indorse an order on the summons directing the officer serving it to take the child into custody.
(3) Summons may be issued requiring the appearance of any person whose presence the court deems necessary.
(4) Summons under subsection (1) of this section is not required to be given to a putative father whom a court of competent jurisdiction has found not to be the child’s legal parent or who has filed a petition for filiation that was dismissed if no appeal from the judgment or order is pending.
(5) If a guardian ad litem has been appointed for a parent under ORS § 419B.231, a copy of a summons served on the parent under this section must be provided to the guardian ad litem. [2001 c.622 § 13; 2003 c.205 § 9; 2005 c.160 § 3; 2005 c.450 § 6; 2009 c.595 § 365; 2017 c.651 § 43]