Title 109 · ORS Chapter 109

by community mental health programs approved to do so. Such rules shall

Citation: ORS 109.695

Section: 109.695

109.695 by community mental health programs approved to do so. Such rules shall provide for the earliest feasible involvement of the parents or guardians in the treatment plan consistent with clinical requirements of the minor. [1985 c.525 �5; 2009 c.595 �74]

����� 109.697 Right to contract for dwelling unit and utilities without parental consent. (1) The Legislative Assembly finds that there are in the State of Oregon unemancipated minors who are living apart from their parents and are homeless. Many of these minors are able financially to provide housing and utility services for themselves and their children, but cannot contract for these necessities due to perceived legal limitations affecting contracts with minors. The purpose of this legislation is to address those limitations.

����� (2) For purposes of this section, �minor� means an unemancipated and unmarried person who is living apart from the person�s parent, parents or legal guardian, and who is either:

����� (a) Sixteen or 17 years of age;

����� (b) Under 16 years of age and the parent of a child or children who are living in the physical custody of the person; or

����� (c) Under 16 years of age, pregnant and expecting the birth of a child who will be living in the physical custody of the person.

����� (3) Notwithstanding any other provision of law, a minor may contract for the necessities of a residential dwelling unit and for utility services to that unit. Such a contract is binding upon the minor and cannot be voided or disaffirmed by the minor based upon the minor�s age or status as a minor.

����� (4) The consent of the parent or legal guardian of such minor shall not be necessary to contract for a residential dwelling unit or utility services to that unit. The parent or legal guardian of such minor shall not be liable under a contract by that minor for a residential dwelling unit or for utility services to that unit unless the parent or guardian is a party to the minor�s contract, or enters another contract, for the purpose of acting as guarantor of the minor�s debt. [1993 c.369 �29]

����� 109.700 [1973 c.375 �25; repealed by 1999 c.649 �55]

UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT

(General Provisions)

����� 109.701 Short title. ORS 109.701 to 109.834 may be cited as the Uniform Child Custody Jurisdiction and Enforcement Act. [1999 c.649 �1]

����� Note: 109.701 to 109.834 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 109.704 Definitions for ORS 109.701 to 109.834. As used in ORS 109.701 to 109.834:

����� (1) �Abandoned� means left without provision for reasonable and necessary care or supervision.

����� (2) �Child� means an individual who has not attained 18 years of age.

����� (3) �Child custody determination� means a judgment or other order of a court providing for the legal custody, physical custody, parenting time or visitation with respect to a child. �Child custody determination� includes a permanent, temporary, initial and modification order. �Child custody determination� does not include an order relating to child support or other monetary obligation of an individual.

����� (4) �Child custody proceeding� means a proceeding in which legal custody, physical custody, parenting time or visitation with respect to a child is an issue. �Child custody proceeding� includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, parentage, termination of parental rights and protection from domestic violence in which the issue may appear. �Child custody proceeding� does not include a proceeding involving juvenile delinquency, contractual emancipation or enforcement under ORS 109.774 to 109.827.

����� (5) �Commencement� means the filing of the first pleading in a proceeding.

����� (6) �Court� means an entity authorized under the law of a state to establish, enforce or modify a child custody determination.

����� (7) �Home state� means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six months of age, �home state� means the state in which the child lived from birth with any of the persons mentioned. Any temporary absence of any of the mentioned persons is part of the period.

����� (8) �Initial determination� means the first child custody determination concerning a particular child.

����� (9) �Issuing court� means the court that makes a child custody determination for which enforcement is sought under ORS 109.701 to 109.834.

����� (10) �Issuing state� means the state in which a child custody determination is made.

����� (11) �Modification� means a child custody determination that changes, replaces, supersedes or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination.

����� (12) �Person� means an individual, corporation, public corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government or a governmental subdivision, agency or instrumentality, or any other legal or commercial entity.

����� (13) �Person acting as a parent� means a person, other than a parent, who:

����� (a) Has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding; and

����� (b) Has been awarded legal custody by a court or claims a right to legal custody under the law of this state.

����� (14) �Physical custody� means the physical care and supervision of a child.

����� (15) �State� means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.

����� (16) �Tribe� means an Indian tribe or band, or Alaska Native village, that is recognized by federal law or formally acknowledged by a state.

����� (17) �Warrant� means an order issued by a court authorizing law enforcement officers to take physical custody of a child. [1999 c.649 �2; 2003 c.576 �159; 2017 c.651 �34; 2021 c.97 �13]

����� Note: See note under 109.701.

����� 109.707 Proceedings governed by other law. ORS 109.701 to 109.834 do not govern a proceeding pertaining to the authorization of emergency medical care for a child. [1999 c.649 �3]

����� Note: See note under 109.701.

����� 109.710 [1973 c.375 �2; 1997 c.707 �23; repealed by 1999 c.649 �55]

����� 109.711 Application to Indian tribes. (1) A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act (25 U.S.C. 1901 et seq.), is not subject to ORS