Chapter 419A — Juvenile Code: General Provisions and Definitions

419A.002 [1993 c.33 §1; 1993 c.546 §1; 1997 c.873 §1; repealed by 2003 c.396 §143]

GENERAL PROVISIONS

419A.004 Definitions

As used in this chapter and ORS chapters 419B and 419C, unless the context requires otherwise: “Adjudicated youth” means a person who has been found to be within the jurisdiction of the juvenile court under ORS 419C.005 for an act committed when the person was under 18 years of age. “Age-appropriate or developmentally appropriate activities” means: Activi…

419A.010 Appointment of counselors and director; juvenile director oversight committee

Subject to paragraph (b) of this subsection, the governing body of any county, after consultation with the judges of the juvenile court in that county, shall appoint or designate one or more persons of good moral character as counselors of the juvenile department of the county, to serve at the pleasure of and at a salary designated by the governing body of t…

419A.012 Duties of director or counselor

The director of a juvenile department or one of the counselors shall: Make or cause to be made an investigation of every child, ward, youth or adjudicated youth brought before the court and report fully thereon to the court. Be present in court to represent the interests of the child, ward, youth or adjudicated youth when the case is heard. Furnish such i…

419A.014 Reports by juvenile department

The juvenile department of a county shall report annually to the Youth Development Council the frequency with which the following persons are held in preadjudicative detention and the duration of the detention: Out-of-state runaways, as defined in ORS 419C.156; or Runaway youths and adjudicated youths.

419A.015 Reports to school administrators concerning adjudicated youths on probation

Once each month, a county juvenile department shall provide to school administrators of schools or of school districts in the county a list of all adjudicated youths enrolled in a school in the county who are on probation by order of the juvenile court in the county. The department shall include in the list the name and business telephone number of the juven…

419A.016 Powers of director or counselor

Any director or counselor has the power of a peace officer as to any child, ward, youth or adjudicated youth committed to the care of the director or counselor. Any director or counselor may, in the discretion of the director or counselor and at any time, bring a child, ward, youth or adjudicated youth committed to the custody and care by the juvenile court …

419A.018 Juvenile department is county agency

Except as provided in ORS 419A.010, the juvenile department of a county is and shall be considered a county agency for all purposes.

419A.020 County responsibility for expenses of juvenile department

The cost of maintaining a juvenile department and all expenditures incidental thereto, including traveling expenses, and necessarily incurred in supplying the immediate necessities of children, wards, youths or adjudicated youths while committed to the charge of a director or counselor, and all salaries for the personnel of a juvenile department and of any d…

419A.022 Responsibility of counties over 400,000 population

The board of county commissioners or county court of counties having more than 400,000 inhabitants, according to the latest federal decennial census, shall provide proper accommodations for detention rooms and hospital wards, as may be necessary for the care, custody and discipline of children, wards, youths or adjudicated youths. The expense of the same sha…

419A.044 [Formerly 423.310; repealed by 2001 c.904 §9 and 2001 c.905 §11]

COURT SERVICES

419A.045 Policy and purpose

It is declared to be the legislative policy of the State of Oregon to recognize county juvenile courts and departments as a basic foundation for the provision of services to children, wards, youths, adjudicated youths and their families and, with the limited amount of funds available, to assist counties in financing certain juvenile court-related services on…

419A.046 Definition for ORS 419A.046 and 419A.048

As used in ORS 419A.046 and 419A.048, “state contribution” means the amount of money to which each county is entitled from the funds appropriated for the purposes of carrying out the provisions of ORS 419A.046 and 419A.048.

419A.047 [Formerly 423.340; 2001 c.904 §3; 2001 c.905 §4; 2003 c.396 §8; 2007 c.71 §110; repealed by 2012 c.37 §69]

419A.048 Court to comply with fiscal reporting procedures

Any court with juvenile court jurisdiction that receives financial assistance under ORS 419A.045 to 419A.048 shall comply with fiscal reporting procedures developed and approved by the Oregon Youth Authority. DETENTION AND SHELTER FACILITIES

419A.050 Authority to acquire, equip and maintain detention and shelter facilities

Any county may acquire in any lawful manner, equip and maintain within the county suitable facilities for the shelter of children, wards, youths and adjudicated youths, or the detention of youths and adjudicated youths, confined pursuant to a judicial commitment or order pending final adjudication of the case by the juvenile court. When two or more counties…

419A.052 Specifications of facilities

Suitable detention facilities must be of Class I construction and comply with the State of Oregon Structural Specialty Code and Fire and Life Safety Code. In addition, the facilities must provide: Sanitary drinking water in living units and dayrooms; Toilets and washbasins accessible to detainees in all housing and activity areas; At least one shower for …

419A.055 Examination of facilities; capacity limits; standards for release; notice

As used in this section: “Contracting county” means a county that contracts with another county or a regional juvenile detention correctional facility to place youths and adjudicated youths in a detention facility in another county or in a regional juvenile detention correctional facility. “County court” has the meaning given that term in ORS 174.100. The…

419A.057 Payment of maintenance expenses; admission of adjudicated youths

All expenses incurred in the maintenance of the facilities for detention and the personnel required for the facilities, except as otherwise provided in subsection (2) of this section, shall be paid upon order of the board of county commissioners or county court from county funds duly levied and collected in any manner provided by law. When joint detention fa…

419A.059 Designation of detention and shelter facilities

The juvenile court of each county shall designate the place or places in which children, wards, youths or adjudicated youths are to be placed in shelter care, or in which youths or adjudicated youths are to be placed in detention, when taken into temporary custody. If the county is adjacent to another state, the court may designate a place or places in the …

419A.061 Inspection of detention facilities

Inspection of juvenile detention facilities, including jails or lockups, and enforcement of the juvenile detention standards contained in ORS 419A.059 or otherwise established by statute, must be conducted in the same manner as provided in ORS 169.070 and 169.080.

419A.063 Requirements for detention facilities

The juvenile court may not place an adjudicated youth in a detention facility under ORS 419C.453 unless the facility: Houses adjudicated youths in a room or ward screened from the sight and sound of adults who may be detained in the facility; and Is staffed by juvenile department employees. In no case may the court order, pursuant to ORS 419C.453, that an…

419A.090 Local citizen review boards

Subject to the availability of funds, the Judicial Department shall establish local citizen review boards. There shall be at least one local citizen review board in each county with a population of 5,000 or more, except that for two or more contiguous counties, each with a population of fewer than 100,000, there may be joint local citizen review boards.

419A.092 Membership; training

Each local citizen review board shall be composed of at least three and not more than seven members appointed by the Chief Justice of the Supreme Court of the State of Oregon. If more than five members are appointed to a local citizen review board, the additional members serve as alternate members. Each member appointed shall be sworn in by a judge of the co…

419A.094 Additional boards; creation

Local citizen review boards shall be added when the number of cases requiring review by existing boards exceeds a number per month established by rule under ORS 419A.096, as the maximum number that may be reviewed by a single board.

419A.096 Duties of Judicial Department in administering boards

Subject to the availability of funds, the Judicial Department, in accordance with the direction of the Supreme Court of the State of Oregon, shall: Establish and approve policies and procedures for the operation of local citizen review boards; Approve and cause to have conducted training programs for local citizen review board members; Provide consultatio…

419A.098 Rules

The Chief Justice, in consultation with the Supreme Court, shall adopt rules under ORS 1.002 that may include any procedures for the administration of the local citizen review board program regarding: Removal of members of local citizen review boards; The time, content and manner in which case plans and case progress reports shall be provided by the Depart…

419A.100 Confidentiality of information; penalty

Before beginning to serve on a local citizen review board, each member shall swear or affirm to the court that the member shall keep confidential the information reviewed by the board and its actions and recommendations in individual cases. The members and staff of a local citizen review board are not subject to subpoena to appear in court to testify regard…

419A.102 Access to confidential information by boards; procedure

Notwithstanding the provisions of ORS 40.225 to 40.275, 412.074, 419B.035, 419B.045, 419B.440, 419B.443, 419B.446, 419B.449, 419B.452 and 419B.460, each local citizen review board shall have access to: Any records of the court which are pertinent to the case; and Any records of the Department of Human Services that would be admissible in a permanency heari…

419A.104 Report on children and wards in substitute care

Within seven working days after the first of each month, the Department of Human Services shall send to the citizen review board state administrative office the federally required report listing all children and wards in substitute care. The report must include the dates of placement and the dates by which a review must be conducted.

419A.106 Review of cases generally

Except for cases removed from review under procedures established under ORS 419A.098, the local citizen review board shall review the case of each child and ward in substitute care which is assigned by the court. The following provisions apply: The review shall take place at times set by the board, the first review to be no more than six months after the ch…

419A.107 Review of cases of adjudicated youths

Subject to the availability of funds, a local citizen review board shall review cases of adjudicated youths in the custody of the Oregon Youth Authority and placed in substitute care. The local citizen review board shall focus on public safety, adjudicated youth accountability and reformation in conducting the reviews. The Judicial Department and the Oregon…

419A.108 Procedure for conflicts of interest

Whenever a member of a local citizen review board has a potential conflict of interest in a case being reviewed, the member shall declare to the local citizen review board the nature of the potential conflict prior to participating in the case review. The following apply as described: The declaration of the member shall be recorded in the official records o…

419A.109 Review of cases of wards for whom guardian has been appointed; rules

Subject to the availability of funds and upon request of a court under ORS 419B.367, a local citizen review board shall review the case of a ward for whom a guardian has been appointed under ORS 419B.365 or 419B.366. In the request for review, the court shall notify the local citizen review board of the names and addresses of the parties. The review shall t…

419A.110 Immunity of participants in case review

Anyone participating in a case review by a local citizen review board shall have: Immunity from any liability, civil or criminal, for defamation for statements made in good faith by the participant, orally or in writing, in the course of such case review. The same immunity with respect to participating in any judicial proceeding resulting from the review o…

419A.112 Disclosure of information to participants in case review; confidentiality

The local citizen review board may disclose records disclosed to the local board under ORS 419A.102 to: Parents and their attorneys; Foster parents; Mature children; Mature wards; The attorneys for children and wards; and Other persons authorized by the local board to participate in the case review. Before participating in a local citizen review board…

419A.114 When presence of agency personnel at board hearings required

Unless excused from doing so by the local citizen review board, the Department of Human Services and any other agency directly responsible for the care and placement of the child or ward shall require the presence of any employees having knowledge of the case at local board meetings. The local citizen review board may require the presence of specific employ…

419A.116 Findings and recommendations; judicial review

After reviewing each case, the local citizen review board shall make written findings and recommendations with respect to: Whether reasonable efforts were made prior to the placement, to prevent or eliminate the need for removal of the child or ward from the home; If the case plan at the time of the review is to reunify the family, whether the Department o…

419A.118 Records; disclosure of findings and recommendations

The local citizen review board shall keep accurate records and retain these records on file. The local citizen review board shall send copies of its written findings and recommendations to the following: The court; The Department of Human Services; and Other participants in the review.

419A.120 Court use of findings and recommendations

Upon receipt of findings and recommendations from the local citizen review board, the court shall: Review the findings and recommendations of the local citizen review board within 10 days after the findings and recommendations are received by the court. If the court finds it appropriate, the court may on its own motion schedule a review hearing. Cause the …

419A.122 Use of findings and recommendations by Department of Human Services

Upon receipt of findings and recommendations from the local citizen review board, the Department of Human Services shall: Review the findings and recommendations of the local citizen review board within 10 days after the findings and recommendations are received by the department. The recommendations shall be implemented and the case plan modified as the de…

419A.124 Policy and procedure recommendations

In addition to reviewing individual cases of children and wards in substitute care, local citizen review boards may make recommendations to the court and the Department of Human Services concerning substitute care services, policies, procedures and laws.

419A.128 State Citizen Review Board Operating Account

There is created a State Citizen Review Board Operating Account in the General Fund which is continuously appropriated to the State Court Administrator to pay the expenses incurred under ORS 419A.090 to 419A.128, 419B.470, 419B.473 and 419B.476. Such expenses shall be paid only from funds specifically appropriated for the purposes of ORS 419A.090 to 419A.128…

419A.150 Appointment; qualifications; hearings; orders; rehearings

The judge of the juvenile court may appoint one or more persons as referee of the juvenile court. A referee shall be appointed in every county in which there is no resident juvenile court judge. A person appointed referee must be qualified by training and experience in the handling of juvenile matters, must have such further qualifications as may be prescrib…

419A.170 [1993 c.33 §44; 1993 c.546 §92; 1993 c.676 §41; 1997 c.130 §12; 2001 c.962 §91; 2003 c.396 §§25,26; 2005 c.755 §35; 2011 c.190 §1; repealed by 2012 c.97 §1]

CONTEMPT

419A.180 Power of court to enforce orders by contempt order

In case of failure to comply with any order of the juvenile court, the court may proceed for contempt of court against the person failing to comply. FORMER JEOPARDY

419A.190 Effect of adjudicatory hearing or admission

Except as provided in ORS 153.108 (1), proceedings in adult criminal court and other juvenile court adjudicatory proceedings based on an act alleged in a petition or citation to have been committed by a child, ward, youth or adjudicated youth or allegations arising out of the same conduct are barred when the juvenile court judge or referee has begun taking e…

419A.200 Who may appeal; time limitations; procedure; effect of filing appeal; record on appeal; disclosure

Except as provided in ORS 419A.190, any person or entity, including, but not limited to, a party to a juvenile court proceeding under ORS 419B.875 (1) or 419C.285 (1), whose rights or duties are adversely affected by a judgment of the juvenile court may appeal therefrom. An appeal from a circuit court must be taken to the Court of Appeals, and an appeal from…

419A.205 Judgments described; jurisdiction of juvenile court during pendency of appeal; disposition

For the purpose of being appealed, the following are judgments: A judgment finding a child or youth to be within the jurisdiction of the court; A judgment disposing of a petition including, but not limited to, a disposition under ORS 419B.325 or 419C.411; Any final disposition of a petition; and A final order adversely affecting the rights or duties of a…

419A.208 Orders subject to appeal by state; effect of appeal of preadjudicatory order

In addition to the state’s right to appeal under ORS 419A.200, the state may appeal from any of the following orders of a judge or referee: An order made prior to an adjudicatory hearing dismissing or setting aside a delinquency petition; An order that sets aside a petition for delinquency if the order is made after an adjudicatory hearing in which the you…

419A.209 Joint motion to vacate judgment or order; appeal after reconsideration

Upon joint motion of the parties to an appeal from a judgment or order of the juvenile court, the court may vacate the judgment or order from which the appeal was taken and remand the matter to the juvenile court to reconsider the judgment or order, or any order entered by the juvenile court. Upon remand, the juvenile court shall have jurisdiction to enter a…

419A.211 Appointment of counsel

If the child, ward, youth, adjudicated youth, parent or guardian is determined to be entitled to, and, except as provided in subsection (4) of this section, financially eligible for, appointment of counsel at state expense in an appeal as provided in ORS 419A.200 and 419A.208, the court, upon request of the person or upon its own motion, shall appoint suitab…

419A.240 Use of restraints during juvenile court proceedings

During any juvenile court proceeding under this chapter and ORS chapters 419B and 419C regarding a youth, adjudicated youth or young person: Instruments of physical restraint, such as handcuffs, chains, irons, straitjackets, cloth restraints, leather restraints, plastic restraints and other similar items, may not be used during the juvenile court proceeding…

419A.245 Use of restraints during transport

During the transportation of a youth, adjudicated youth, young person, ward or child by the Department of Human Services, the Oregon Health Authority or an agent of the department or authority: Instruments of physical restraint, such as handcuffs, chains, irons, straitjackets, cloth restraints, leather restraints, plastic restraints and other similar items,…

419A.250 Authority; segregation of records; access; when records may be kept with those of adults; destruction of records; missing children

A child, ward, youth or adjudicated youth may be photographed or fingerprinted by a law enforcement agency: Pursuant to a search warrant; According to laws concerning adults if the youth has been transferred to criminal court for prosecution; Upon consent of both the child or youth and the child or youth’s parent after advice that they are not required to…

419A.252 Definitions for ORS 419A.252, 419A.253, 419A.255 and 419A.256

As used in this section and ORS 419A.253, 419A.255 and 419A.256: “Person” means an individual, a public body as defined in ORS 174.109 or a tribe that is a party to a juvenile court proceeding pursuant to ORS 419B.875. “Prospective appellate attorney” means an attorney designated by the Oregon Public Defense Commission to potentially represent a child, war…

419A.253 When information in report, material or document considered by court must be identified in record

When, for the purpose of a hearing or proceeding that will result in the entry of an order or judgment, the juvenile court intends to rely upon information in any report, material or document, including information in the supplemental confidential file, and no party has offered the report, material or document as an exhibit or asked the court to take judicia…

419A.255 Maintenance; disclosure; exceptions to confidentiality

The clerk of the court shall maintain a record of each case and a supplemental confidential file for each case, except as otherwise provided in ORS 7.120. The record of the case shall be withheld from public inspection but is open to inspection by the following: The judge of the juvenile court and those acting under the judge’s direction; The child; The …

419A.256 When transcript of proceeding is part of record of case; access to transcript; disclosure

Once prepared and filed with the court, a transcript of a juvenile court proceeding is part of the record of the case maintained by the clerk of the court under ORS 419A.255 (1) and is subject to the provisions of ORS 419A.255 governing access and disclosure. Notwithstanding ORS 419A.255, if a transcript, audio recording or video recording has been prepared…

419A.257 Reports and materials privileged; permissible disclosures; use of materials in evidence

Reports and other materials relating to a child, ward, youth or adjudicated youth’s history and prognosis that are created or maintained by or on behalf of the Oregon Youth Authority or the juvenile department are privileged and, except with the consent of the child, ward, youth or adjudicated youth or with the authorization of the court, shall be withheld f…

419A.258 Motion to inspect or copy records

Any person or entity not included in ORS 419A.255 as a person or entity entitled to inspection or copying of the record of the case or the supplemental confidential file may file a motion with the court to inspect or copy the record of the case or the supplemental confidential file. The person or entity filing the motion shall file a sworn affidavit or decla…

419A.260 Expunction; definitions

As used in ORS 419A.260 to 419A.271: “Contact” means any instance in which a person’s act or behavior, or alleged act or behavior, which could result in a referral to a juvenile department or a juvenile court’s assumption of jurisdiction under ORS 419B.100 (1)(a) to (c) and (f) or 419C.005 comes to the attention of an agency specified in paragraph (e) of th…

419A.261 Application for expunction of records relating to contact, violations and certain misdemeanors and felonies; eligibility; denial; notice to victim; judgment

An expunction proceeding under subsection (2) of this section shall be commenced in the county where the subject person had the most recent contact. An expunction proceeding under subsection (3) or (4) of this section shall be commenced in the county where the subject person had the most recent adjudication. A juvenile department shall file with the juveni…

419A.262 Application for expunction of records relating to certain misdemeanors, prostitution and certain sex crimes; eligibility; denial; judgment; notice to victim

An expunction proceeding under this section shall be commenced in the county where the subject person had the most recent adjudication or, if the subject person did not have an adjudication, where the subject person had the most recent contact. Except as provided in ORS 419A.261, upon application of either a person who is the subject of a record or a juveni…

419A.265 Eligibility for order of expunction for certain adjudications involving marijuana

Notwithstanding ORS 419A.262 (2)(a), a person is eligible for an order of expunction under ORS 419A.262 if the person was adjudicated for committing an act that, if committed by an adult, would constitute a criminal offense in which possession, delivery or manufacture of marijuana or a marijuana item as defined in ORS 475C.009 is an element and: The court f…

419A.266 Expunction forms

Applications for expunction under ORS 419A.261 and 419A.262 shall be available from the clerk of the court in a form prescribed by the State Court Administrator. The application must include a declaration under penalty of perjury as described in ORCP 1 E. The State Court Administrator shall prescribe the content and form of expunction judgments under ORS 41…

419A.267 Notice of expunction; agency compliance

A juvenile department in the county where the subject person had the most recent contact shall issue a notice of expunction of a subject person’s records if the subject person: Has had contact with the juvenile department; Has never been the subject of a petition alleging that the subject person is subject to the juvenile court’s jurisdiction under ORS 419…

419A.269 Effect of expunction; confidentiality violations; penalties

Upon issuance of a notice of expunction under ORS 419A.267 or entry of an expunction judgment under ORS 419A.261 or 419A.262, the contact that is the subject of the expunged record may not be disclosed by any agency. An agency that is subject to a notice of expunction or an expunction judgment shall respond to any inquiry about the contact by indicating that…

419A.271 Appointment of counsel

At the request of a person who is the subject of a record, the juvenile court shall appoint counsel for the person in accordance with the provisions of ORS 419B.195, 419B.198, 419C.200, 419C.206 or 419C.457 to aid the person in an expunction proceeding under ORS 419A.260 to 419A.271, including in the completion of an application for expunction and representa…

419A.289 Juvenile Justice Policy Commission; membership

The Juvenile Justice Policy Commission is established within the Oregon Criminal Justice Commission to provide data-driven policy recommendations to strengthen public safety and improve youth outcomes in the juvenile justice system of this state. The Juvenile Justice Policy Commission consists of 17 members who are appointed as follows: The Governor shall …

419A.290 [1993 c.33 §52; 1993 c.546 §114; repealed by 1995 c.422 §138]

419A.291 Officers; quorum; meetings

The Governor shall select one of the voting members of the Juvenile Justice Policy Commission as a chairperson who shall serve at the pleasure of the Governor. The term of the chairperson is one year. A person may be reappointed as chairperson for no more than two consecutive years. The members of the commission shall select one of the voting members as a v…

419A.292 Duties; report

The Juvenile Justice Policy Commission shall analyze the juvenile justice system at the state and local levels and across branches of government in this state to provide recommendations for improvements in law, policy, practice and appropriation to improve public safety, youth outcomes and system disparities. In conducting its analysis the commission shall o…

419A.295 [Formerly 419.494; repealed by 1995 c.79 §215]

MISCELLANEOUS

419A.300 Reports to school districts concerning young persons on conditional release

Once each month, the Department of Human Services shall provide to each school district a list of all young persons enrolled in a school in the school district who are on conditional release. The department shall include in the list the name and business telephone number of the caseworker assigned to each case. When a young person who is on conditional rele…

419A.305 Notice to school administrators concerning students subject to juvenile court petitions

As used in this section: “Principal” means a person having general administrative control and supervision of a school. “School administrator” means: The superintendent of the school district in which a youth attends school, or the designee of the superintendent, if the youth attends a public school that is not a public charter school; The principal of a …