Oregon
Categorical Right To Counsel
Discretionary Appointment Of Counsel
Right Or Appointment Is Qualified
No Such Proceeding
No Authorization, But Relevant Materials
Other
Discretionary
Abuse/Neglect/Dependency - Accused Parents
Legislation
Key Development
Discretionary appointment of counsel
A court may appoint counsel for a parent in abuse/neglect cases.
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Discretionary
Abuse/Neglect/Dependency - Children
Legislation
Key Development
Right to counsel
Children in abuse/neglect cases may be appointed counsel.
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Qualified
Adult Protective Proceedings - Protected Person
Legislation
Key Development
Right to Counsel
A protected person has a right to counsel in a protective proceeding where a hearing is required and certain other conditions exist.
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Qualified
All Basic Human Needs
Legislation
Key Development
Discretionary appointment of counsel
The Oregon Attorney General has said a court may appoint counsel for any litigant with disabilities as a reasonable accommodation.
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Qualified
Benefits - Claimant
Litigation
Key Development
Discretionary appointment of counsel
The Oregon Court of Appeals adopted a case-by-case approach to appointing counsel in admin proceedings for benefits under the constitution.
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No Such Proceeding
Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)
Legislation
No such proceeding
There is no requirement that a minor obtain parental input prior to having an abortion.
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Categorical
Civil Commitment
Categorical
Civil Contempt in Family Court
Legislation
Key Development
Right to counsel
An indigent defendant is entitled to counsel in civil contempt proceedings.
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Categorical
Custody Disputes - Children
Legislation
Key Development
Right to counsel
The court must appoint counsel upon request for children in a variety of private custody proceedings.
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Qualified
Guardianship/Conservatorship of Adults - Protected Person
Legislation
Key Development
Right to Counsel
A protected person has the right to counsel in a protective proceeding where a hearing is required, and other conditions are met.
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Key Development
January 17, 2017
Legislation (dead): adult guardianships
These bills would have provided a right to counsel for prospective adult wards in guardianship proceedings.
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Qualified
Guardianship/Conservatorship of Children - Child (incomplete)
Legislation
Key Development
Right to Counsel
A protected minor has the right to counsel in a protective proceeding where a hearing is required, and other conditions are met.
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Categorical
Guardianship/Conservatorship of Children - Parent or Guardian
Legislation
Key Development
Right to counsel
Indigent parents have the right to counsel in permanent guardianship matters.
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Doesn't Affect
Housing - Evictions
Legislation
May 15, 2023
Multnomah County RTC ballot initiative voted down
A proposed ballot initiative that would have establish a right to counsel for Multnomah County tenants facing eviction was voted down.
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Qualified
Incarceration for Fees/Fines (incomplete)
Legislation
Key Development
Right to counsel
An indigent defendant is entitled to counsel, at least in civil contempt proceedings.
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Discretionary
Other subject area
Legislation
Key Development
Discretionary appointment of counsel - Adoption petitioner/adult child
In adoptions of people 18 or older, the court has the discretion to appoint counsel for both the petitioner and the person to be adopted.
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Key Development
April 10, 2018
Right to counsel - Reinstatement of parental rights
The court must appoint counsel for an indigent child in foster care where a petition to reinstate parental rights is filed.
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Qualified
Parentage - Defendant/Respondent
Litigation
Key Development
Discretionary appointment of counsel
An appellate court adopted a case-by-case approach to appointing counsel in paternity cases under the state and federal constitutions.
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Categorical
Parentage - Petitioner or Child
Legislation
Key Development
Right to counsel
A court must appoint counsel upon request for a child in a paternity proceeding.
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Qualified
Quarantine/Isolation
Legislation
Key Development
Right to Counsel
There is a right to counsel for individuals and groups subject to a public health measure, but it is unclear if it extends to area quarantine.
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No Such Proceeding
Sexually Dangerous Persons - Commitment
Legislation
No such proceeding
There is no procedure in the state for confinement of a sexually dangerous/violent person.
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Qualified
Sexually Dangerous Persons - Registration/Notification
Legislation
Key Development
Right to counsel
Minors have a right to counsel in proceedings to determine whether they have to report as sex offenders when committing a sex-related offense.
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Categorical
Sterilization
Legislation
Key Development
Right to counsel
Those facing forced sterilization who are indigent or unable to request counsel have a right to appointed counsel.
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Categorical
Termination of Parental Rights (Private) - Birth Parents
Legislation
Key Development
Right to counsel
Indigent non-consenting parents are entitled to counsel in adoption proceedings.
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Litigation
Key Development
Right to counsel
The Oregon Supreme Court held it violated the equal protection clause to deny counsel to an indigent parent in an adoption case.
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Discretionary
Termination of Parental Rights (Private) - Children
Litigation
Key Development
Discretionary appointment of counsel
The Oregon Court of Appeals adopted a case-by-case approach for constitutional appointment of counsel for children in contested adoption cases.
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Categorical
Termination of Parental Rights (State) - Birth Parents
Legislation
Key Development
Right to counsel
Indigent parents have a right to counsel upon request in termination of parental rights cases.
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Discretionary
Termination of Parental Rights (State) - Children
Litigation
Key Development
Discretionary appointment of counsel
The Oregon Court of Appeals adopted a case-by-case approach for constitutional appointment of counsel for children in termination proceedings.
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Legislation
Key Development
Right to counsel
Children in abuse/neglect cases have a right to counsel upon request, and it arguably extends to termination cases.
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Court Rule or Initiative
Key Development
Discretionary appointment of counsel
A court rule permits a court to appoint counsel for a child in a termination of parental rights proceeding.
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No Such Proceeding
Truancy - Petition Against Child
Legislation
Qualified
All Basic Human Needs
Debtor’s Prison / Financial
Education
Family Law
Health
Discretionary