Other Hearings and Forms Hearings

Hearings and Forms:
Jurisdictional and Dispositional Hearings

Search Hearings and Forms Hearings:

Shelter Hearing
Pre-Trial Hearing, Admit/Deny
Jurisdictional and Dispositional Hearings
Review Hearings
Permanency Hearings
Jurisdictional and Dispositional Hearings

The purpose of a jurisdictional hearing is to resolve the petition alleging the child is within the jurisdiction of the juvenile court under ORS 419B.100. Establishing jurisdiction provides the court a basis for ordering parents into appropriate services that will allow them to work toward reunification. Delays in jurisdiction can result in delays in both reunification, and getting the child into an appropriate permanent placement when reunification is not an option.

The dispositional hearing is usually held at the same time as the jurisdictional hearing. Disposition addresses what placement, care and services will be provided to the family.

Additional information about the provisions of the Indian Child Welfare Act, the Uniform Child Custody Jurisdiction and Enforcement Act, foster parents, and grandparents is provided in the Shelter Hearing section.

This section is organized as follows:

Additional resources:
JurisdictionDispositionBenchcard.pdfJurisdictionDispositionBenchcard.pdfD. 2015.05.14 ICWA Jurisdiction.pdfD. 2015.05.14 ICWA Jurisdiction.pdf


ICWA. The court is required to inquire whether a child is an Indian child at each hearing, and must ask each participant in the proceeding whether the participant knows or has reason to know that the child is an Indian child. ORS 419B.878; 25 C.F.R. 23.107.
For a summary of ICWA protections, click on the document link below.

ICWA Summary.pdfICWA Summary.pdf

Jurisdictional bases. The possible legal bases for the juvenile court’s jurisdiction are provided in ORS 419B.100. The most common form, “conditions and circumstances” jurisdiction in ORS 419B.100(1)(c), has been the subject of numerous Oregon Court of Appeals decisions, the most recent of which are summarized below. Timing of hearing. The court is required to hold the jurisdictional hearing and determine disposition within 60 days of when the petition was filed. The court may continue the hearing for good cause. ORS 419B.305(1). Discovery should be completed within 30 days after the petition is filed. ORS 419B.305(2). Child becomes “ward” once found to be within court’s jurisdiction. ORS 419B.328; ORS 419A.004 (33). Basis of jurisdiction lays foundation for services. Any service or condition required in order for the child to be returned home, must bear a “rational relationship” to the basis of jurisdiction. ORS 419B.343 (1)(a) and (2)(a). A basis for jurisdiction that doesn’t adequately reflect the underlying problem that led to the child’s entry into foster care can set the child up for re-entries into the foster care system. Disposition. Recommended best practice is to decide disposition at the same time as the jurisdictional hearing. At disposition, the court determines: Conducting the Hearing

1. Evidence, the Record and Standard of Proof

2. Parents: Appearance at Hearing.

3. Basis for Jurisdiction. ORS 419B.100 4. Disposition

Once jurisdiction is established, best practice is to proceed to disposition under ORS 419B.325 at the same hearing. ORS 419B.305 requires that absent a finding of “good cause” the court must hold a hearing on the petition and enter a dispositional order “no later than 60 days” after the filing of the petition. Questions to be resolved include: 5. Model Forms
B. Allegations resolved as to one parent but not the other. 6. Set Future Hearing Dates. Setting out future dates with everyone in court minimizes work for court staff in coordinating schedules, ensures notice of those who are present, and makes it more likely the court will be able to comply with federal timelines for permanency hearings. Future hearings may include: