The father appeals from an order of the juvenile court making his daughter a ward of the court and committing her to the Children’s Services Division for care, placement, and supervision. He argues that: the summons was defective under ORS 419.486; the allegations in the second amended petition were insufficient to bring his daughter within the jurisdiction of the juvenile court; and the evidence was insufficient as a matter of law to justify making his daughter a ward of the court. We reverse. '
Prior to the taking of evidence at the adjudicative phase of the hearing, the father moved to quash the return of service of the summons on the basis that the summons failed to comply with ORS 419.486(2). That section requires that a summons contain "a brief statement of the facts required by paragraph (b) of subsection (2) of ORS 419.484,” that is, "[t]he facts which bring the child within the jurisdiction of the court as provided in subsection (1) of ORS 419.476.” ORS 419.484(2)(b). In lieu of reciting those facts on its face, the summons, contained as part of the printed form the language, "See statement of facts in paragraph 2 of the attached petition.” The attached petition, see ORS 419.484(3), contained the fact statement.
In support of his contention that the summons was defective, the father cites State v. Jamison, 251 Or 114, 444 P2d 15, 444 P2d 1005 (1968). That case did not address the question whether a summons may satisfy ORS 419.486 by incorporating by reference the factual allegations in the accompanying petition.
The father does not contend that the technical defect in the summons denied him notice of the issues before the court or otherwise prejudiced him in any way. Although we do not encourage the practice followed here, we find no error in the denial of the motion to quash.
*762The second amended petition alleges:1
"* * * that Anna Boyce was within the jurisdiction of the Juvenile Court by reason of the following facts:
"The conditions and circumstances of the above-named child are such as to endanger her welfare and the parents fail to provide the care, guidance and protection necessary for her physical, mental and emotion[sic] well-being and have subjected her to depravity, to wit:
"A. On January 30, 1979, Anna Boyce stated that her father had sexual intercourse with her and as a result, Anna became pregnant and had an abortion.
"B. Anna has stated that she is afraid that any further contact with her father will result in his establishing a regular sexual relationship with her and removing her from the State.
"C. Anna’s mother, Mary Boyce, has stated that Robert Boyce has had sexual contact with her daughters but she has failed to protect them.”
The father filed a demurrer prior to the hearing:
"COMES NOW Robert Boyce and demurs to the Second Amended Petition herein for the reason that the facts set forth therein are insufficient as a matter of law to bring Anna Boyce within the jurisdiction of the Juvenile Court.”
ORS 419.484 in part provides:
"(2) The petition shall set forth in ordinary and concise language such of the following facts as are known and indicate any which are now known:
"(b) The facts which bring the child within the jurisdiction of the court as provided in subsection (1) of ORS 419.476.”
*763The petition is an attempt to bring Anna Boyce within the jurisdiction of the juvenile court by virtue of OKS 419.476:
"(1) The juvenile court has exclusive original jurisdiction in any case involving a person who is under 18 years of age and:
* * *
"(c) Whose behavior, condition or circumstances are such as to endanger his own welfare or the welfare of others; or
"(e) Either his parents or any other person having his custody have abandoned him, failed to provide him with the support or education required by law, subjected him to cruelty or depravity or to unexplained physical injury or failed to provide him with the care, guidance and protection necessary for his physical, mental or emotional well-being; * * * ”
The juvenile department is not contending that it is entitled to prove that the alleged statements by the mother and daughter were true so that the court would acquire jurisdiction over the daughter. It does contend that even if the statements were shown to be false, the court could find the daughter within its jurisdiction due to the seriousness of the mere making of the statements. The attorney for the juvenile department told the trial court, "It shows severe psychological problems if they’re not telling the truth.”
As the second amended petition is framed, the truth or falsity of the statements by the daughter is not an issue. The demurrer admits only that the statements were made.
The statement set forth in allegation "A” was made on one occasion — January 30, 1979. Allegation "B” is not a statement of fact but an expression of an opinion by the daughter. Allegation "C” is a statement by the mother and does not bear directly upon the mental state of the daughter.
*764The petition must allege sufficient facts to bring the daughter within the jurisdiction of the juvenile court. None of the three allegations would allow the admission of evidence that the daughter was suffering from a mental disturbance. Assuming for the sake of argument that the second amended petition alleges that the daughter has a mental disturbance, there is no allegation that the parents are failing to provide her with the necessary care. For all we know the parents may be paying for daily treatment by the area’s most renowned psychiatrist.
The trial court should have sustained the demurrer. We do not reach the remaining assignment of error.
Reversed.
The first amended petition, filed the previous month, alleged that "On January 1, 1977 the father of the above named child had sexual intercourse with Anna * * *” and "Robert Boyce has repeatedly made sexual advances toward his daughters * * Thus, it is apparent that the juvenile department is trying to do indirectly what it could not do directly.