(1) After the proponent of the petition has completed the presentation of evidence, any other party, without waiving the right to offer evidence in the event the motion is not granted, may move for dismissal of any or all of the allegations of the petition on the ground that upon the facts and the law the proponent of the petition has failed to prove the allegations or, if proven, the allegations do not constitute a legal basis for the relief sought by the petition. The court may order dismissal of the petition or one or more of the allegations of the petition, or the court may decline to render any order until the close of all the evidence.\n(2) Unless the court in its judgment of dismissal otherwise specifies, a dismissal under this section operates as an adjudication without prejudice.\n(3) At any time at the request of a party or upon the court’s own motion, the court may order a settlement conference or, if funds are available for a mediator, mediation.\n(4) If there is reason to know that the child or ward is an Indian child, prior to scheduling a settlement conference on jurisdiction, guardianship under ORS 419B.365 or 419B.366 or termination of parental rights under ORS to know that the child or ward is an Indian child, prior to scheduling a settlement conference on jurisdiction, guardianship under ORS 419B.365 or 419B.366 or termination of parental rights under ORS 419B.500, the petitioner shall provide notice to the Indian child’s tribe pursuant to ORS 419B.639. In addition, the court shall provide notice to the Indian child’s tribe that includes a description of the settlement process, the procedure to schedule the settlement conference and the date that the hearing will occur if settlement is not reached. [2001 c.622 §24; 2020 s.s.1 c.14 §41]
Oregon Legal Code