Evidence Considered: Rules of evidence apply. Except – the exclusionary rule. State ex rel Dept. of Human Services v. W. P., 345 Or 657 (2009).
The Petitioner must present evidence supporting a finding on each allegation.
Testimony of child may be taken out of presence of parents but parents’ attorney must be present and a record of the testimony must be made (ORS 419B.310)
Allegations of child abuse or neglect: Under ORS 419B.100 jurisdiction over a child can be based on any of the following:
a. The child is beyond the control of his/her parent(s), guardian(s) or other person(s) having custody based upon the allegations proven or admitted.
b. The child's conditions, behavior and circumstances are such as to endanger his/her own welfare or the welfare of others.
Additionally, If ICWA applies, the hearing must include testimony of a “qualified expert witness” regarding Indian child rearing practices to ensure that what is alleged as basis for jurisdiction is not a misunderstanding resulting from cultural bias. Expert must testify that the child will suffer serious emotional or physical damage if not removed from the home.
Petition Allegations Contested and Not Proved: Identify the allegations not proven by the petitioner and denote whether those allegations were dismissed with or without prejudice.
5. Jurisdiction/Wardship/Custody - Findings and Orders:
Jurisdiction and Wardship:
If the allegations are admitted or are proven, Oregon statute requires that “the [C]ourt shall make a child found to be within the jurisdiction of the court as provided in ORS 419B.100 a ward of the court.” (ORS 419B.328)