SLR 9-11.054: Dependency Matters

(1) All parties and appointed counsel shall be in court at the time set by the court for the shelter care hearings. The petitioner must assure a copy of the petition, and the report required by ORS 419B.185(4) are provided to counsel as early as possible, but no later than 30 minutes before the time set for the shelter care hearing. The court will go on the record 30 minutes after the hearing time, unless all parties indicate they are ready to proceed earlier. The 30-minute delay will allow attorneys an opportunity to advise their clients and discuss the matter with other parties. If a party arrives late to the shelter care hearing, the 30-minute delay will not be extended. NINTH JUDICIAL DISTRICT MALHEUR COUNTY CIRCUIT COURT (2) Admissions to allegations in a dependency petition shall only be accepted if in writing. Model forms created by the Juvenile Court Improvement Project can be found at courts.oregon.gov. (3) After disposition of a dependency petition, the Department of Human Services shall provide a paper review to the court and all parties. A paper review shall include, at minimum, a written update of a youth’s placement, progress in the case plan by parents or guardians and efforts made by the Department of Human Services toward the current and concurrent plan. A paper review shall be due when there has been an absence of court hearings and paper review for a period of 90 days, unless a court hearing or Citizen’s Review Board hearing has already been scheduled within 30 days of the due date of the paper review. (4) The court shall show cause the Department of Human Services to court if a paper review deadline is not met. Personal appearance by the Department of Human Services will be required for the show cause hearing. The show cause will be vacated if a paper review is submitted to the court and all parties within five days of the show cause notice. (5) A party may request a hearing for court review at any time. Unless requested in open court, the request shall be submitted in writing with service to all parties. The written request shall include the caption of the case, the party requesting the review and the issue the party seeks to have reviewed. Unless the court determines there is a more appropriate method to resolve the issue brought forth in the request, the court shall set a review hearing. (a) Non-Evidentiary Review: The court will endeavor to set the hearing within 7 days of the written request unless the requesting party indicates they prefer a later setting. The hearing shall be set for 30 minutes. No testimony shall be taken at the review hearing. The rules of evidence do not apply and parties are allowed to submit any documentation in the form of exhibits as they wish. Parties may file written arguments or legal memorandums prior to the hearing. All parties are permitted to make oral arguments. (b) Evidentiary Review: If the requesting party desires to call witnesses, it must indicate in the caption of the motion, “Evidentiary Review Requested.” The requesting party must indicate in the motion how long of a hearing they are requesting. The court will set the hearing when docket time is available, but in no case sooner than 21 days after the request to allow all parties time to gather and subpoena their witnesses.} (6) For permanency hearings, the parties shall confer on all exhibits prior to the hearing. All exhibits whose admission is not contested shall be entered prior to the first witness. There shall be no opening statements, unless requested. Parties are permitted to make closing arguments. Parties will be granted leeway on cross- examination to examine a witness beyond the scope of direct to allow a party to ask all relevant questions of a witness. Re-direct, if any, will be strictly limited to NINTH JUDICIAL DISTRICT MALHEUR COUNTY CIRCUIT COURT matters within the scope of cross-examination that were not already covered on direct.