State ex rel. Juvenile Department v. Scudder
State ex rel. Juvenile Department v. Scudder
Opinion of the Court
On December 7,1976 the juvenile court determined that appellant’s daughter, 16 years of age, was within its jurisdiction by virtue of the fact that she had committed an act which if done by an adult would have constituted a violation of the law, had run away from home, and was beyond the control of her parents.
While ORS 419.513 specifically authorizes the juvenile court to compel the parents of children found to be within its jurisdiction to contribute towards their support,
"* * * in connection with the * * * matter [concerning her daughter], in which it is alleged that the said child is within the jurisdiction of the Court[,] by reason of a special appearance; affidavit, filed 12-14-76,”
and provided that:
"Pursuant to a hearing at said time, the Court will make ■ a disposition of said child and the circumstances under which she resides as appears to the Court appropriate under the circumstances * * * and such provision for said child’s support by those responsible therefor as is equitable under the circumstances.”
On January 12, 1977 the court issued a second order "reaffirming” the order of December 7, 1976 in its entirety, "nunc pro time January 6, 1977.”
While the summons served on January 3, 1977 appears to have been adequate to establish the court’s jurisdiction to impose a support obligation pursuant to ORS 419.513,
Affirmed.
ORS 419.476(l)(a), (b) and (f).
"The court may, after a hearing on the matter, require the parents or other person legally obligated to support a child found to be within the jurisdiction of the court to pay toward the child’s support such amounts at such intervals as the court may direct. The court, in determining the amount to be paid, shall give due regard to the cost of maintaining the child, the financial resources of the parent or other person and the other financial demands on the resources of the parent or other person. Unless otherwise ordered, the amounts so required to be paid shall be paid to the county clerk for transmission to the person, institution or agency having legal custody of the child.” ORS 419.513.
"If the child is before the court, the court has jurisdiction to proceed with the case notwithstanding the failure to serve summons upon [a parent or other person legally designated to support the child], except that:
* s}; * *
"(2) No order for support as provided in ORS 419.513 may be entered against a person unless that person is served as provided in subsection (1) of ORS 419.488.” ORS 419.492(2).
Neither appellant’s physical presence at the initial hearing on December 7, 1976 nor the filing of a "motion and affidavit of prejudice” requesting that the judge who had entered the original order be excluded from ruling on her motion to have the support provisions of that order set aside constituted a "voluntary appearance” obviating the need for service of summons. Thoenes v. Tatro, 270 Or 775, 529 P2d 912 (1974); Miller et ux v. Engelson et ux, 225 Or 300, 304-05, 358 P2d 276 (1960).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.