Oregon Statutes 436.255 – Court hearing on petition; notice
(1) Upon such a petition for determination of ability to give informed consent, the court shall assign a time, not later than 30 days thereafter, and a place for hearing the petition.
Terms Used In Oregon Statutes 436.255
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- 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.
- Informed consent: means consent given by an individual 15 years of age or older for sterilization that is:
(a) Based upon a full understanding of the nature and consequences of sterilization pursuant to information requirements set forth in ORS § 436. See Oregon Statutes 436.205
(2) The court may, at its discretion, hold a hearing on the petition at a place other than the courtroom if it would facilitate the presence of the respondent. The court shall cause a copy of the petition and notice of the hearing to be served on the respondent and the respondent’s parent, legal guardian or conservator, if any, at least 14 days prior to the hearing date. Notice is also required to the following:
(a) The spouse of the respondent, if any;
(b) The sibling of the respondent if there are no living parents;
(c) The system described in ORS § 192.517 (1); and
(d) Such other persons as the court may determine have an interest in the respondent.
(3) If the parent or legal guardian of the respondent is not a resident of this state, notice may be served by registered mail or by certified mail with return receipt. If the residence of the respondent’s parent or legal guardian is unknown, an affidavit so stating shall be filed in lieu of service. [1983 c.460 § 8; 1991 c.249 § 36; 2003 c.14 § 247; 2005 c.498 § 10]