ORS 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 (Jurisdiction) has been filed, the court shall hold a hearing on the petition and enter an order under ORS 419B.325 (Disposition required) (1). Upon written order supported by factual findings of good cause, the court may continue a petition beyond 60 days.(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 (Inquiry to determine whether child is Indian child) (4), regarding whether there is reason to know that the child is an Indian child.(3)
Intentionally left blank —Ed.(a)
If the child is an Indian child and if the court found under ORS 419B.185 (Evidentiary hearing) (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 (Evidentiary hearing) (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 (Notice to tribe in emergency proceeding) (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 (Inquiry to determine whether child is Indian child) (2) and 419B.639 (Notice to tribe in emergency proceeding) (2) and all relevant timelines have been followed.(4)
No later than 30 days after a petition alleging jurisdiction under ORS 419B.100 (Jurisdiction) is filed, all parties shall comply with ORS 419B.881 (Disclosure).(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 (Jurisdiction) 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]
Source:
Section 419B.305 — When hearing must be held; continuation; priority, https://www.oregonlegislature.gov/bills_laws/ors/ors419B.html
.