Shutts ex rel. Juvenile Department v. Navarette

The mother filed a notice of appeal from an order of the circuit court terminating her parental rights to her four children, and certified that she had served it on the district attorney as "attorney for respondent.” An attorney for the children, appointed on appeal by the circuit court pursuant to ORS 419.563, moved on their behalf to dismiss the mother’s appeal because the notice had not been served on the children or their counsel. The theory of the motion is that the children are parties, service upon whom is a jurisdictional requisite under ORS 419.561(4) and 19.023(2).1

The designation…