State ex rel. Juvenile Department v. Adams

The majority holds that the preliminary hearing required by ORS 109.560(1) may be, and was, waived by the minor’s request that the court grant a decree of emancipation “immediately.” I dissent, because both of those conclusions are incorrect.

*139ORS 109.5601 requires both apreliminary and a final hearing on a minor’s application for emancipation. Subsection (1) requires the court to conduct the preliminary hearing within 10 days after the filing of the application for emancipation. Subsection (4) requires the court to advise the minor at the preliminary hearing of the minor’s criminal and civil…