Oregon Statutes 419B.305 – When hearing must be held; continuation; priority
(1) Except as otherwise provided in this section, no later than 60 days after a petition alleging that a child is within the jurisdiction of the court under ORS § 419B.100 has been filed, the court shall hold a hearing on the petition and enter an order under ORS § 419B.325 (1). Upon written order supported by factual findings of good cause, the court may continue a petition beyond 60 days.
Terms Used In Oregon Statutes 419B.305
- Continuance: Putting off of a hearing ot trial until a later time.
- Docket: A log containing brief entries of court proceedings.
- 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
(2) At the commencement of the hearing, unless the court has entered an order finding that the child is an Indian child, the court shall inquire and make a finding, subject to the procedures under ORS § 419B.636 (4), regarding whether there is reason to know that the child is an Indian child.
(3)(a) If the child is an Indian child and if the court found under ORS § 419B.185 (5)(b)(B) that protective custody is necessary to prevent imminent physical damage or harm to the child, no later than 30 days after the petition is filed, the court shall hold the hearing and enter the order described in subsection (1) of this section, unless:
(A) The child has been returned to the child’s parent or Indian custodian;
(B) The court orders the child to be returned to the child’s parent or Indian custodian;
(C) The court continues the protective order regarding the child for more than 30 days as provided in ORS § 419B.185 (5)(d); or
(D) The court grants the child’s parent, Indian custodian or tribe an extension of time to prepare for participation in the hearing as provided in ORS § 419B.639 (5).
(b) The court may not schedule a hearing on the petition, or enter an order on the petition, unless the inquiry and notice requirements under ORS § 419B.636 (2) and 419B.639 (2) and all relevant timelines have been followed.
(4) No later than 30 days after a petition alleging jurisdiction under ORS § 419B.100 is filed, all parties shall comply with ORS § 419B.881.
(5) When a person denies allegations in the petition, the court shall set the case for a hearing within the time limits prescribed by subsection (1) of this section. Upon written order supported by factual findings of good cause, the court may continue the hearing beyond the 60-day time limit.
(6) Upon expiration of any continuance granted by this section, the court shall give a petition filed under ORS § 419B.100 that is beyond the time limit imposed by subsection (1) of this section the highest priority on the court docket. [1997 c.873 § 18; 1999 c.859 § 9; 2001 c.622 § 53; 2020 s.s.1 c.14 § 34; 2021 c.398 § 57]