(1)(a) A death may be registered by the Chief Medical Examiner as specified in ORS § 432.133 (8) or (9) upon receipt of an order from a court of competent jurisdiction.

Terms Used In Oregon Statutes 432.138

  • City: includes any incorporated village or town. See Oregon Statutes 174.100
  • Decedent: A deceased person.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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.
  • Live birth: means the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, that, after such expulsion or extraction, breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. See Oregon Statutes 432.005
  • Record: means a report that has been registered by the state registrar. See Oregon Statutes 432.005
  • Report: means a document, whether in paper or electronic format, containing information related to a vital event submitted by a person required to submit the information to the state registrar for the purpose of registering a vital event. See Oregon Statutes 432.005
  • State: includes a state or territory of the United States, the District of Columbia and New York City. See Oregon Statutes 432.005

(b) A court order that establishes a record of death shall include all of the following information:

(A) The decedent‘s full legal name;

(B) The date of the decedent’s death as determined from evidence presented to the court; and

(C) The city, county and place in which the decedent died as determined from evidence presented to the court.

(c) A court order that establishes a record of death shall include, if available, all of the following information:

(A) The decedent’s date of live birth, city and state or country of live birth, race, ethnicity, sex and Social Security number and the name or names of the decedent’s parent or parents, as the name or names appear on a birth record;

(B) The decedent’s housing status and address, including street address, city, county, state and zip code at the time of death;

(C) The decedent’s marital status at the time of death;

(D) The name, as it appears on a birth record, of any surviving spouse; and

(E) The information necessary to complete the medical certification, including the cause and manner of death and, if the death occurred because of an injury, information on how and when the injury occurred, or, if the cause and manner of death are not known, a statement that the cause and manner of death are not known.

(2) On the basis of the information in the court order, the Chief Medical Examiner shall prepare a report of death. The State Registrar of the Center for Health Statistics shall use a report of death prepared under this subsection to register the death.

(3) All records of death issued under this section shall show the date of the court order and the name of the court issuing the order.

(4) If the death was registered pursuant to ORS § 432.133 (8) or (9), the record of death shall be flagged as being ‘Presumptive.’ [2013 c.366 § 18; 2017 c.151 § 26; 2021 c.417 § 2]

 

[Amended by 1983 c.709 § 8; 1997 c.783 § 19; 2013 c.366 § 14; renumbered 432.113 in 2013]

 

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