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Abuse & Neglect:
Jurisdictional Hearing

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PURPOSE OF THE JURISDICTIONAL (ADJUDICATORY) HEARING (ORS 419B.305)
WHO SHOULD BE PRESENT ADDITIONAL POTENTIAL PARTICIPANTS/WITNESSES

CONDUCTING THE HEARING
COMMENTARY RE: COMPLETING THE JURISDICTIONAL JUDGMENT FORM (Both FJ3 and sections of FJ4)

1. Summons and Notice Findings and Orders:
Parties summoned: 2. Indian Ward Welfare Act Finding and Order (ICWA):
The Court must make a determination whether ICWA applies. (ORS 419B.878)

If the Court has determined or has reason to know that a child is or may be an enrolled member of, or eligible for membership in an Indian tribe, then the ICWA
applies to the case until a determination is made that it does not apply. (25 USC 1903(4)) All potential tribes must be notified, via certified mail of the
proceedings.

If a tribe is involved, then the Court either has concurrent jurisdiction or emergency jurisdiction pending removal of the case to tribal court. (25 USC 1911 and
1922)

3. UCCJEA Findings:
4. Findings on the Jurisdictional Allegations:

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)


Petition Allegations Contested and Proved:
The standard of proof required depends on the applicability of the ICWA.
The standard of proof is “preponderance of competent evidence.” (ORS 419B.310(3)(1)) or, if ICWA applies, the standard of proof is “clear and convincing evidence.” (25 U.S.C. 1912(e))

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)


Temporary Custody:

Visitation:

6. DHS Disclosure of Records and Reports:
The following language was added, where relevant: The Court authorizes DHS to disclose court records and reports associated with the petition(s) in this matter, if such disclosure is reasonably necessary to perform its official duties related to the involvement of the child with the juvenile court and complies with ORS 419A.255 through ORS 419A.257, and ORS 419B.035.

7. Parties Present are further ORDERED to appear as follows:
ADDITIONAL RECOMMENDED PRACTICES AND CONSIDERATIONS