Oregon

Categorical Right To Counsel
Discretionary Appointment Of Counsel
Right Or Appointment Is Qualified
No Such Proceeding
No Authorization, But Relevant Materials
Other
Doesn't Affect

Abuse/Neglect/Dependency - Accused Parents

Legislation

June 27, 2025
HB2999
Requires DHS to advise 'subject persons' being investigated for child abuse of their rights at investigation interview or property search
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Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
June 27, 2025
SB736
Requires DHS to provide written notice of rights to parent or guardian subjects of abuse investigations before any face to face meeting.
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Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
June 27, 2025
HB3658
Replacing right to counsel with discretionary appointment for certain children and parents in abuse and TPR (State) cases
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Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Qualified

Abuse/Neglect/Dependency - Children

Legislation

Key Development
? While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Right to counsel
Children in abuse/neglect cases may be appointed counsel.
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Appointment of Counsel:  Yes
Qualified: Yes
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Key Development
? While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
June 27, 2025
HB3658
Replacing right to counsel with discretionary appointment for certain children and parents in abuse and TPR (State) cases
Read More
Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Doesn't Affect

Civil Commitment

Legislation

June 27, 2025
HB2481
Requires knowing/intelligent waiver of right to counsel in civil commitment proceedings, and specifies funding parameters.
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Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Doesn't Affect

Guardianship/Conservatorship of Adults - Protected Person

Legislation

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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Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.

The NCCRC submitted testimony in support of these bills.

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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Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.

The NCCRC provided support to the ballot initiative proponents.

Qualified

Other subject area

Legislation

Key Development
? While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
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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Appointment of Counsel:  Yes
Qualified: Yes
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Categorical

Termination of Parental Rights (Private) - Birth Parents

Legislation

Key Development
? While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Right to counsel
Indigent non-consenting parents are entitled to counsel in adoption proceedings.
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Appointment of Counsel:  Yes
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Key Development
? While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
June 27, 2025
HB3658
Replacing right to counsel with discretionary appointment for certain children and parents in abuse and TPR (State) cases
Read More
Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Doesn't Affect

Termination of Parental Rights (State) - Birth Parents

Legislation

June 27, 2025
HB3658
Replacing right to counsel with discretionary appointment for certain children and parents in abuse and TPR (State) cases
Read More
Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Doesn't Affect

Termination of Parental Rights (State) - Children

Legislation

June 27, 2025
HB3658
Replacing right to counsel with discretionary appointment for certain children and parents in abuse and TPR (State) cases
Read More
Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Discretionary

Abuse/Neglect/Dependency - Accused Parents

Qualified

Abuse/Neglect/Dependency - Children

Qualified

Adult Protective Proceedings - Protected Person

Qualified

All Basic Human Needs

Qualified

Benefits - Claimant

No Such Proceeding

Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)

Qualified

Civil Commitment

Categorical

Civil Contempt in Family Court

Categorical

Custody Disputes - Children

Qualified

Guardianship/Conservatorship of Adults - Protected Person

Qualified

Guardianship/Conservatorship of Children - Child (incomplete)

Categorical

Guardianship/Conservatorship of Children - Parent or Guardian

Qualified

Incarceration for Fees/Fines (incomplete)

Qualified

Other subject area

Qualified

Parentage - Defendant/Respondent

Categorical

Parentage - Petitioner or Child

Qualified

Quarantine/Isolation

No Such Proceeding

Sexually Dangerous Persons - Commitment

Qualified

Sexually Dangerous Persons - Registration/Notification

Categorical

Sterilization

Categorical

Termination of Parental Rights (Private) - Birth Parents

Discretionary

Termination of Parental Rights (Private) - Children

Categorical

Termination of Parental Rights (State) - Birth Parents

Discretionary

Termination of Parental Rights (State) - Children

No Such Proceeding

Truancy - Petition Against Child