Title 109 · ORS Chapter 109
25.011. The answer may be in substantially the form described in subsection (2) of this section. ����� (4) If the parent requests the assistance of appointed counsel and the court determines that the
Citation: ORS 25.011
Section: 25.011
25.011. The answer may be in substantially the form described in subsection (2) of this section.
����� (4) If the parent requests the assistance of appointed counsel and the court determines that the parent is financially eligible, the court shall appoint an attorney to represent the parent at state expense. Appointment of counsel under this subsection is subject to ORS 135.055, 151.216 and 151.219. The court may not substitute one appointed counsel for another except pursuant to the policies, procedures, standards and guidelines adopted under ORS 151.216.
����� (5)(a) Upon receiving the petitioner�s declaration of compliance under subsection (1)(d) of this section, the court shall order that the motion and order to show cause may proceed if the court finds that the petitioner satisfied the inquiry requirements under ORS 419B.636 (2) and, if applicable, the notice requirements under ORS 419B.639 (2).
����� (b) If the court finds that the petitioner failed to satisfy the inquiry or, if applicable, notice requirements under ORS 419B.636 (2) and 419B.639 (2), or if the documentation is insufficient for the court to make those findings, the court shall direct the petitioner to cure the inquiry or notice deficiency and file an amended declaration of compliance. The court shall order the petitioner to appear and show cause why the court should not deny the motion and order to show cause if the petitioner fails to file the amended declaration of compliance within a reasonable amount of time.
����� (c) If the court finds, subject to the procedures under ORS 419B.636 (4), that there is reason to know the child is an Indian child, the court shall offer to order mediation through the Department of Human Services, or if there is mutual party agreement to private mediation and to the party assumption of costs, through other mediation services, between the Indian child�s parents, the Indian child�s tribe and the proposed adoptive placement.
����� (6)(a) If the parent files an answer as required under subsection (3) of this section, the court, by oral order made on the record or by written order provided to the parent in person or mailed to the parent at the address provided by the parent, shall:
����� (A) Inform the parent of the time, place and purpose of the next hearing or hearings related to the motion and order to show cause or the adoption petition;
����� (B) Require the parent to appear personally at the next hearing or hearings related to the motion and order to show cause or the adoption petition; and
����� (C) Inform the parent that, if the parent fails to appear as ordered for any hearing related to the motion and order to show cause or the adoption petition, the court, without further notice and in the parent�s absence, may take any action that is authorized by law, including but not limited to entering a judgment of adoption of the child on the date specified in the order or on a future date, without the consent of the parent.
����� (b) If the parent�s answer indicates the parent�s consent to the adoption, the court may not accept the consent unless the consent meets the requirements under ORS 109.301 or, if the child is an Indian child, ORS 109.302.
����� (7) If a parent fails to file a written answer as required in subsection (3) of this section or fails to appear for a hearing related to the motion and order to show cause or the petition as directed by court order under this section, the court, without further notice to the parent and in the parent�s absence, may take any action that is authorized by law, including but not limited to entering a judgment of adoption of the child without the consent of the parent if the court finds:
����� (a) On the date the answer is required or on a future date, the action to be in the child�s best interests; and
����� (b) That the petitioner complied with the inquiry requirements under ORS 419B.636 (2) to determine whether there is reason to know that the child is an Indian child.
����� (8)(a) Notwithstanding subsection (7) of this section or ORS 109.322, 109.323 or