Oregon Revised Statutes
The Legislative Assembly declares that in delinquency cases, the purposes of the Oregon juvenile justice system from apprehension forward are to protect the public and reduce juvenile delinquency and to provide fair and impartial procedures for the initiation, adjudication and disposition of allegations of delinquent conduct. The system is founded on the pri…
The juvenile court has exclusive original jurisdiction in any case involving a person who is under 18 years of age and who has committed an act that is a violation, or that if done by an adult would constitute a violation, of a law or ordinance of the United States or a state, county or city. The provisions of subsection (1) of this section do not prevent a…
If a juvenile court finds a youth to be within the jurisdiction of the court under ORS 419C.005 because the youth committed an act that, if committed by an adult, would constitute an offense that is a ground for suspension or revocation of driving privileges upon conviction of the offense, the order of the court finding the youth to be within the jurisdictio…
The provisions of this chapter shall not apply to a youth who, while under the age of 18 years, commits an act which is a violation, or which if done by an adult would constitute a violation, of a law or ordinance of this state or any of its political subdivisions, punishable by imprisonment, and thereafter flees from this state. The youth described in subs…
Except as otherwise provided in this subsection, a juvenile proceeding based on allegations of jurisdiction under ORS 419C.005 shall commence in either the county where the youth resides or the county in which the alleged act was committed. A juvenile proceeding described in paragraph (a) of this subsection that is subject to a waiver hearing under ORS 419C…
At the first appearance by the parents or guardian of a youth before the court, the court shall inform the parents or guardian verbally and provide a standard notice describing: The youth’s right to court-appointed counsel at state expense; The right of the parents or guardian to appeal a decision on jurisdiction or disposition made by the court; The time…
Except as provided in subsection (2) of this section, when a person is directed to appear before the court in a proceeding under this chapter, the person may appear by telephone or closed-circuit television as long as all parties having an interest in the proceeding have access to the telephone or television circuit used for the appearance and as long as the…
As soon as practicable after a youth or adjudicated youth is taken into custody under this chapter or, if the youth or adjudicated youth is not taken into custody, at the point of intake, a county juvenile department shall ensure that the youth or adjudicated youth is screened to determine whether the youth or adjudicated youth is a victim of sex trafficking…
If during the pendency of a proceeding involving an allegation of a crime in any court other than a juvenile court it is ascertained that the age of the person who is the subject of the proceeding is such that the matter is within the exclusive jurisdiction of the juvenile court, it is the duty of the court in which the proceeding is pending to transfer the …
A court, on its own motion or on the motion of a party made at any time prior to disposition, may transfer a proceeding to the court of the county where a youth resides if: The proceeding was initiated in a court of a county other than the county where the youth resides; The residence of the youth changes during the proceeding; or The youth has been adjud…
When a juvenile court proceeding is pending in a county other than the county in which the youth resides and the case is transferable, the juvenile court of the county in which the youth resides may authorize the court in which the case is pending to proceed with the case in either of the following ways, when it will facilitate disposition of the case withou…
With the approval of the Chief Justice of the Supreme Court, the presiding judge of the twenty-second judicial district and, for cases arising in Wasco County or Hood River County, the presiding judge of the seventh judicial district may enter into a memorandum of understanding with the Confederated Tribes of Warm Springs regarding the adjudication and dispo…
When a proceeding is pending in the juvenile court of any county, the juvenile court of that county may authorize the juvenile court of any other county to do one or both of the following, when it will facilitate the disposition of the case without adverse effect on the interests of the youth: The court may: Conduct a hearing into the facts alleged to brin…
No operative statutory text appears at this designation in the selected edition.
If the youth who is the subject of the proceeding is, at the time of the transfer or temporary transfer provided for in ORS 419C.053, 419C.056 or 419C.059, in detention or shelter care or for other reason needs transportation to the other county, the county in which the youth resides shall make such order or provision for the transportation and safekeeping o…
When a case is transferred to the juvenile court under ORS 137.707, the juvenile court shall enter an order finding the youth within the jurisdiction of the court under ORS 419C.005 based on the verdict in the criminal court. The juvenile court’s order has the same effect as an adjudication under ORS 419C.400. CUSTODY
A peace officer, or any other person authorized by the juvenile court of the county in which the youth is found, may take a youth into custody in the following circumstances: When, if the youth were an adult, the youth could be arrested without a warrant; or When the juvenile court, by order indorsed on the summons as provided in ORS 419C.306 or otherwise,…
In lieu of taking a youth into custody, a peace officer may issue a citation to a youth for the same offenses and under the same circumstances that a citation may be issued to an adult. Unless the citation is issued for violation of law or ordinance for which an order has been entered pursuant to ORS 419C.370, the citation is returnable to the juvenile court…
A private person may take a youth into custody in circumstances where, if the youth were an adult, the person could arrest the youth.
Custody under ORS 419C.080 and 419C.088 shall not be deemed an arrest so far as the youth is concerned. All peace officers shall keep a record of youths taken into custody and shall promptly notify the juvenile court or counselor of all youths taken into custody. A peace officer taking a youth into custody has all the privileges and immunities of a peace of…
Except as otherwise provided in ORS 419C.103 (3) and (4), the jurisdiction of the juvenile court of the county in which a youth is taken into custody under ORS 419C.080 and 419C.088 shall attach from the time the youth is taken into custody.
As soon as practicable after the youth is taken into custody under ORS 419C.080 and 419C.088, the person taking the youth into custody shall notify the youth’s parent, guardian or other person responsible for the youth. The notice shall inform the parent, guardian or other person of the action taken and the time and place of the hearing. If the victim reque…
The person taking the youth into custody under ORS 419C.080 and 419C.088 shall release the youth to the custody of the youth’s parent, guardian or other responsible person in this state, except in the following cases: When the court has issued a warrant of arrest against the youth. When the person taking the youth into custody has probable cause to believe…
Except as otherwise provided in subsection (2) of this section, if a youth taken into custody is not released as provided in ORS 419C.100 and the juvenile court for the county has not established the alternative procedure authorized in subsection (5) of this section, the person taking the youth into custody shall, without unnecessary delay, do one of the fol…
Except where the youth is taken into custody pursuant to an order of the court, the person taking the youth into custody under ORS 419C.080 and 419C.088 shall promptly file with the court or a counselor a brief written report stating all of the following: The youth’s name, age and address. The name and address of the person having legal or physical custody…
Except as otherwise provided in subsection (3) of this section, the court may designate a person to effect disposition of a youth taken into custody or brought before the court under ORS 419C.097, 419C.100, 419C.103 and 419C.106. If the requirements of ORS 419C.145 (3) are met, the person may do any of the following when the person has taken custody of a you…
A juvenile court may order a person who is 18 years of age or older and alleged to be within the jurisdiction of the juvenile court under ORS 419C.005 to be detained in a jail or other place where adults are detained only in those circumstances in which the juvenile court could detain a youth before adjudication on the merits in a detention facility. In ord…
A youth or adjudicated youth may not be detained at any time in a police station, jail, prison or other place where adults are detained, except as follows: A youth or adjudicated youth may be detained in a police station for up to five hours when necessary to obtain the youth or adjudicated youth’s name, age, residence and other identifying information. A …
No youth under 12 years of age shall be placed in detention except pursuant to judicial review and written findings describing why it is in the best interests of the youth to be placed in detention. Such review may be ex parte, and the youth does not need to be present. However, a juvenile court judge or referee must determine that the youth is eligible for …
If a parent, guardian or other person responsible for the youth cannot be found or will not take responsibility for the youth, no appropriate shelter care space is available and the youth cannot be released safely on recognizance or conditionally, a youth who is accused of an act which would be a crime if committed by an adult may be detained for a period of…
No youth shall be held in detention or shelter care more than 36 hours, excluding Saturdays, Sundays and judicial holidays, except on order of the court made pursuant to a hearing under ORS 419C.109 (3), 419C.145, 419C.150, 419C.153, 419C.156 and 419C.159.
Whenever a hearing concerning the detention of a youth under this chapter is held, notice of the hearing shall be given to: The youth; If any can be found, to a parent or guardian of the youth or to any other person responsible for the youth; and If the victim requests notice, the victim. The notice shall state the time, place and purpose of the hearing.…
A youth may be held or placed in detention before adjudication on the merits if one or more of the following circumstances exists: The youth is a fugitive from another jurisdiction; The youth is alleged to be within the jurisdiction of the court under ORS 419C.005, by having committed or attempted to commit an offense which, if committed by an adult, would…
Except as otherwise provided in this section, a youth may be held in detention under this section and ORS 419C.145, 419C.153 and 419C.156 for a maximum of 28 days except for good cause shown prior to the expiration of the 28-day period. If good cause for continued detention is shown, the period of detention may be extended for no more than an additional 28 d…
Except as provided in subsection (2) of this section, any youth ordered detained under ORS 419C.145, 419C.150 and 419C.156 shall have a review hearing at least every 10 days, excluding Saturdays, Sundays and judicial holidays. At the review hearing the court shall determine whether sufficient cause exists to require continued detention of the youth. In addit…
As used in this section: “Home state” means any other state, territory or outlying possession of the United States where an out-of-state runaway’s parent, legal guardian or custodial agency is located. “Out-of-state runaway” means a person who is younger than the juvenile jurisdictional age limit established by the person’s home state, who has voluntarily …
Any youth 12 years of age or older, alleged to be within the jurisdiction of the juvenile court by reason of having committed an act which would be a crime if committed by an adult, who escapes from a juvenile detention facility as defined in ORS 419A.004 after having been placed in the facility pursuant to the filing of a petition alleging that the youth ha…
No youth shall be held in shelter care more than 36 hours, excluding Saturdays, Sundays and judicial holidays, except on order of the court made pursuant to a hearing under ORS 419C.145, 419C.150, 419C.153 and 419C.156.
When the youth is taken, or is about to be taken, into temporary custody pursuant to ORS 419C.080 and 419C.088 and placed in shelter care, a parent or youth shall be given the opportunity to present evidence to the court at the hearing specified in ORS 419C.170, and at any subsequent review hearing, that the youth can be returned home without further danger …
If the court finds that release of the youth on the youth’s own recognizance is unwarranted and if probable cause exists to believe that the youth may be detained under ORS 419A.063, 419C.145 or 419C.453, the court may make a conditional release of the youth subject to such conditions as will protect the safety of the youth, the victim, other persons and the…
Provisions regarding security for release in criminal cases shall not be applicable to youths held or taken into custody as provided in this chapter. COURT-APPOINTED COUNSEL
When a petition is filed under ORS 419C.005, the court: Shall appoint counsel to represent the youth at all stages of the proceeding if the offense alleged in the petition is classified as a crime. Shall appoint counsel for the youth at any proceeding concerning an order of probation. Notwithstanding subparagraph (A) or (B) of this paragraph, shall appoin…
No operative statutory text appears at this designation in the selected edition.
When the court appoints counsel for a youth, the compensation for counsel and reasonable fees and expenses of investigation, preparation and presentation paid or incurred shall be determined and paid as provided in ORS 135.055.
Appointment of counsel for the youth or parent is subject to ORS 135.055, 151.216 and 151.219. EDUCATIONAL SURROGATE
Upon the request of any party, the court shall appoint a surrogate for a youth or adjudicated youth who is temporarily or permanently in the custody of, or committed to, a public or private agency through the action of the juvenile court if: The court finds that the youth or adjudicated youth may be eligible for special education programs because of a disab…
A person that is appointed surrogate for an adjudicated youth has the duty and authority to protect the due process rights of the adjudicated youth with respect to the provision of free appropriate public education. A surrogate appointed by the court shall immediately apply to the attending school district for an evaluation of the adjudicated youth’s eligibi…
Following a review of a police report and other relevant information, a county juvenile department may refer a youth to an authorized diversion program if the youth is eligible to enter into a formal accountability agreement under ORS 419C.230. An authorized diversion program may include a youth court, mediation program, crime prevention or chemical substan…
An organization may establish and operate a youth court only with the agreement and cooperation of a county juvenile department. To establish a youth court, the organization and the county juvenile department must enter into a written agreement that: Describes the types of cases that may be referred to the youth court; Establishes protocols for handling th…
A formal accountability agreement may be entered into when a youth has been referred to a county juvenile department, and a juvenile department counselor has probable cause to believe that the youth may be found to be within the jurisdiction of the juvenile court for one or more acts specified in ORS 419C.005. Notwithstanding subsection (1) of this section,…
A formal accountability agreement is a voluntary contract between a youth described in ORS 419C.230 and a juvenile department whereby the youth agrees to fulfill certain conditions in exchange for not having a petition filed against the youth.
A formal accountability agreement may require participation in or referral to counseling, a period of community service, drug or alcohol education or treatment, vocational training or any other legal activity which in the opinion of the counselor would be beneficial to the youth. A formal accountability agreement may require that the youth make restitution …
If a youth enters into a formal accountability agreement under ORS 419C.230, and a juvenile department counselor has probable cause to believe that the youth may be found to be within the jurisdiction of the juvenile court for an act that would be a violation of ORS 167.315, 167.320, 167.322 or 167.333 if done by an adult, the agreement may provide for the y…
A formal accountability agreement shall: Be completed within a period of time not to exceed one year; Be voluntarily entered into by all parties; Be revocable by the youth at any time by a written revocation; Be revocable by the juvenile department in the event the department has reasonable cause to believe the youth has failed to carry out the terms of …
If a formal accountability agreement is revoked pursuant to ORS 419C.239, the juvenile department shall either extend the agreement pursuant to subsection (2) of this section or file a petition with the juvenile court, and an adjudicatory hearing may be held. If the juvenile department has reasonable cause to believe that the youth has failed to carry out t…
The juvenile department counselor shall inform, in writing, a youth and the youth’s parents or guardians of the youth’s right to counsel and to appointed counsel at state expense. The right to counsel shall attach prior to the youth’s entering into a formal accountability agreement. The youth may waive the right to counsel prior to the youth’s entering into…
The state, acting through the district attorney, Attorney General or, when authorized by the district attorney, the juvenile department counselor, may file a petition alleging that a youth is within the jurisdiction of the court as provided in ORS 419C.005. At any time after a petition is filed, the court may make an order providing for the temporary custod…
The petition shall set forth in ordinary and concise language such of the following facts as are known and indicate any which are not known: The name, age and residence of the youth. The facts which bring the youth within the jurisdiction of the court as provided in ORS 419C.005. The name and residence of the youth’s parents or, if the youth has no parent…
A true copy of the petition shall be served, together with the summons, upon all persons upon whom summonses are served under ORS 419C.300, 419C.303 and 419C.306. The petitioner, or an attorney for the petitioner, must certify on the copy that the copy is an exact and complete copy of the original summons and complaint.
The court, on motion of an interested party or on its own motion, may at any time direct that the petition be amended. If the amendment results in a substantial departure from the facts originally alleged, the court shall grant such continuance as the interests of justice may require. When the court directs the amendment of a petition alleging that a youth h…
In all proceedings brought under ORS 419C.005, the following rules of criminal procedure apply: ORS 133.402, 133.673, 133.693 and 133.703; ORS 135.455, 135.465 and 135.470; ORS 135.610, 135.630 (3) to (6), 135.640 and 135.670; ORS 135.711, 135.713, 135.715, 135.717, 135.720, 135.725, 135.727, 135.730, 135.733, 135.735, 135.737, 135.740 and 135.743; ORS …
As used in this section: “Critical stage of the proceeding” means a hearing that: Affects the legal interests of the youth or adjudicated youth; Is held in open court; and Is conducted in the presence of the youth or adjudicated youth. “Critical stage of the proceeding” includes, but is not limited to: Detention and shelter hearings; Hearings to revie…
The division of the Department of Justice providing victim and survivor services shall, in consultation with district attorney victim assistance programs and community-based victim service providers, develop model polices for providing notice to victims concerning waiver hearings under ORS 419C.349 (1)(a) and hearings conducted pursuant to ORS 420A.203. The …
Unless authorized by the court to disclose the information, the attorney of a youth or adjudicated youth, or an agent of the attorney, may not disclose to the youth or adjudicated youth personal identifiers of a victim or witness. The court shall order the attorney, or agent of the attorney, to disclose to the youth or adjudicated youth the personal identif…
Juvenile court hearings shall be held at a special session of the court for that purpose and each case shall be heard separately, except that two or more cases may be heard together in the following instances: Cases involving violations of motor vehicle laws or ordinances where none of the cases involves death or serious injury to persons. Cases arising in…
At the adjudication stage of a delinquency proceeding, the parties to the proceeding are the youth and the state, represented by the district attorney or the juvenile department. At the dispositional stage of a delinquency proceeding, the following are also parties: The parents or guardian of the youth; A court appointed special advocate, if appointed; Th…
Promptly after the petition is filed, there shall be an investigation of the circumstances concerning the youth. No later than 60 days after the petition is filed, summons may be issued.
The summons issued under ORS 419C.300 shall be signed by a counselor or some other person acting under the direction of the court and shall contain the name of the court, the title of the proceeding and, except for a published summons, a brief statement of the substance of the facts required by ORS 419C.255 (1)(b). The summons shall also include a notice th…
A summons issued under ORS 419C.300 shall require the person or persons who have physical custody of the youth to appear and bring the youth before the court at the time and place stated in the summons. The time for the hearing on the petition shall be fixed at a reasonable time, not less than 24 hours, after the issuance of the summons. If it appears to the…
Summonses or other process issuing from the juvenile court may be served without further indorsement in any county of the state by an officer of the county in which the proceeding is pending, by an officer of the county in which the person to be served is found or by any person authorized by the court to serve the process. Except as otherwise provided in thi…
If any parent or guardian required to be summoned as provided in ORS 419C.306 cannot be found within the state, a summons may be served on the parent or guardian in any of the following ways: If the address of the parent or guardian is known, by sending the parent or guardian a copy of the summons by registered or certified mail with a return receipt to be …
The court may authorize payment of travel expenses of any party summoned. Except as provided in this section, responsibility for the payment of the cost of service of summons or other process on any party, and for payment of travel expenses so authorized, shall be borne by the party issuing the summons or requesting the court to issue the summons. When the O…
No person required to appear as provided in ORS 419C.306 shall without reasonable cause fail to appear or, where directed in the summons, to bring the youth before the court.
If a summons issued under ORS 419C.300 cannot be served, if the person to whom the summons is directed fails to obey it or if it appears to the court that the summons will be ineffectual, the court may direct issuance of a warrant of arrest against the person summoned or against the youth.
If the youth is before the court, the court has jurisdiction to proceed with the case notwithstanding the failure to serve summons upon any person required to be served by ORS 419C.306. Notwithstanding subsection (1) of this section, if it appears to the court that a parent or guardian required to be served by ORS 419C.306 was not served as provided in ORS …
In the circumstances set forth in ORS 419C.349, 419C.352, 419C.364, 419C.367 and 419C.370, the court may waive the youth to the appropriate court handling criminal actions, or to municipal court.
After the commencement of any proceeding in which a motion to waive has been filed, a party may move the court for an order allowing the taking of a deposition to perpetuate the testimony of a witness who is: Outside of the jurisdiction of, or otherwise not subject to the process of, the court; or Unable to attend because of age, sickness, infirmity, impri…
If the juvenile court waives a youth to another court under ORS 419C.349 (1)(b) or 419C.370 for disposition as an adult, the juvenile court nevertheless may retain jurisdiction over the youth’s parents or guardians under ORS 419C.570. However, if the court enters an order of waiver under ORS 419C.349 (1)(a) or 419C.364, jurisdiction over the parents or guard…
Except as otherwise provided in ORS 419C.364 or 419C.370, the juvenile court shall conduct a waiver hearing when: The state files a motion requesting a waiver hearing in a case in which a petition has been filed alleging that a youth has committed an act when the youth was 15, 16 or 17 years of age that, if committed by an adult, would constitute aggravated…
The juvenile court, after a hearing, except as provided in ORS 419C.364 or 419C.370, may waive a youth under 15 years of age at the time the act was committed to circuit court for prosecution as an adult if: The youth is represented by counsel during the waiver proceedings; The juvenile court makes the findings required under ORS 419C.349 (2); and The you…
The juvenile court shall make a specific, detailed, written finding of fact to support the findings made under ORS 419C.349 (2).
Except as otherwise provided in subsection (2) of this section and ORS 137.707 (6), when a person is waived for prosecution as an adult, the person shall be waived only on the actual charges justifying the waiver under ORS 419C.349 or 419C.352, as the case may be. Any nonwaivable charges arising out of the same act or transaction as the waivable charge shal…
Notwithstanding that the juvenile court has waived the case under ORS 419C.349, 419C.352, 419C.364 or 419C.370, the court of waiver shall return the case to the juvenile court unless an accusatory instrument is filed in the court of waiver alleging, in the case of a person under 15 years of age, a crime listed in ORS 419C.352 or, in the case of any other per…
After the juvenile court has entered an order waiving a youth to an adult court under ORS 419C.349, the court may, if the youth is 16 years of age or older, enter a subsequent order providing that in all future cases involving the same youth, the youth shall be waived to the appropriate court without further proceedings under ORS 419C.349 and 419C.370.
The juvenile court may at any time direct that the subsequent order entered under ORS 419C.364 be vacated or that a pending case be waived to the juvenile court for further proceedings. The court may make such a direction on any case but shall do so and require a pending case to be waived to the juvenile court if it cannot support the finding required under …
The juvenile court may enter an order directing that all cases involving: Violation of a law or ordinance relating to the use or operation of a motor vehicle, boating laws or game laws be waived to criminal or municipal court; An offense classified as a violation under the laws of this state or a political subdivision of this state be waived to municipal c…
If the youth’s conduct consists, or is alleged to consist, of a violation of a law or ordinance relating to the use or operation of a motor vehicle, boating laws or game laws and it appears to the court that the nature of the offense and the youth’s background are such that a proceeding as provided in this chapter is not warranted, the court may handle: Cas…
A petition relating to boating or game offenses shall be filed as provided in ORS 419C.250, 419C.255 and 419C.258. Motor vehicle offenses are subject to ORS 809.412. Summons as provided in ORS 419C.300 shall be issued to the parent or other person having physical custody of the youth, requiring the parent or other person to appear with the youth before the …
A court may find that a youth is unfit to proceed in a proceeding initiated by a petition alleging jurisdiction under ORS 419C.005 if, as a result of a qualifying mental disorder or another condition, the youth is unable: To understand the nature of the proceedings against the youth; To assist and cooperate with the counsel for the youth; or To participat…
An evaluation ordered under ORS 419C.378 must be conducted by a psychiatrist, a licensed psychologist or a regulated social worker. If an evaluation is requested, the party at whose request the evaluation was ordered shall notify the court and other parties of the date, time and location of the evaluation and the name of the evaluator chosen by the party. A …
The Oregon Health Authority shall: Develop training standards for psychiatrists, licensed psychologists and regulated social workers conducting evaluations under ORS 419C.380; Develop guidelines for the conduct of evaluations; and Provide courts with a current list of qualified evaluators from which an evaluator may be selected. Neither the parties nor th…
No operative statutory text appears at this designation in the selected edition.
If a party to a proceeding under ORS 419C.378 raises the issue of fitness to proceed, the party shall file the original report on the evaluation conducted under ORS 419C.380 with the clerk of the court and deliver copies of the report to all parties to the proceeding. If the court raises the issue of fitness to proceed under ORS 419C.378, the person conduct…
Any party to a proceeding initiated by a petition alleging jurisdiction under ORS 419C.005 may file written objection to an evaluation report filed under ORS 419C.386 within 14 days after the report is received by the party. The objection must state whether the party seeks another evaluation. If a party files an objection, the court shall hold a hearing with…
If a written objection is not filed under ORS 419C.388 and the court adopts the evaluator’s opinion regarding the youth’s fitness to proceed, the court shall issue a written order within 24 days after the report is filed with the court. The order must set forth the findings on the youth’s fitness to proceed. If a hearing is held under ORS 419C.388, the cour…
If the court finds that the youth is fit to proceed, the court shall vacate the stay under ORS 419C.378. If the court finds that the youth is unfit to proceed and that there is not a substantial probability that the youth will gain or regain fitness to proceed in the foreseeable future if provided restorative services under ORS 419C.396, the court shall: I…
The Oregon Health Authority shall administer a program to provide restorative services under ORS 419C.396 to youths who: Are determined unfit to proceed as described in ORS 419C.378; and Present a substantial probability of gaining or regaining fitness to proceed in the foreseeable future. The authority shall develop qualifications and standards for perso…
The Oregon Health Authority shall arrange for the provision of or begin providing restorative services within 30 days after receiving a court order under ORS 419C.392 (3). The authority shall send a report to the court, with copies to the parties to the proceeding initiated by a petition alleging jurisdiction under ORS 419C.005, no later than 90 days after r…
A youth may not be removed from the youth’s current placement solely for the purpose of receiving restorative services pursuant to a court order under ORS 419C.392 unless the court finds: That removal is necessary to provide restorative services under ORS 419C.396; That removal is in the best interest of the youth; and If the Department of Human Services …
The hearing shall be held by the court without a jury and may be continued from time to time. The facts alleged in the petition showing the youth to be within the jurisdiction of the court as provided in ORS 419C.005, unless admitted, must be established beyond a reasonable doubt. If the youth files written notice of intent to rely on the defense set forth…
Witnesses or other persons necessary for the conduct of the hearing may be subpoenaed. The youth, parents, guardian or any person appearing in the youth’s behalf may have compulsory attendance of witnesses in the youth’s or their behalf in the same manner as provided in ORS 136.567 to 136.603. The form of the subpoena shall be substantially as provided in OR…
Witnesses subpoenaed to give testimony shall receive the same fees as are paid in criminal cases. Except as provided by this section, responsibility for the per diem and mileage fees of any witness, and travel expenses if so ordered by the court, shall be borne by the party who subpoenas the witness or requests the court to subpoena the witness. If the witne…
At the termination of the hearing or hearings in the proceeding or after entry of an order under ORS 419C.067, the court shall enter an appropriate order directing the disposition to be made of the case. The court shall find a youth responsible except for insanity if: The youth asserted qualifying mental disorder as a defense as provided in ORS 419C.524; a…
If a youth is cited or summoned for violating ORS 471.430, 475C.317 or 475C.341 and fails to appear, the court may adjudicate the citation or petition and enter a disposition without a hearing. DISPOSITION
Unless guardianship is granted as provided in ORS 419C.555, the court as an incident of its jurisdiction over the adjudicated youth has the duties and authority of the guardian as provided in ORS 419C.558.
A court having jurisdiction pursuant to ORS 419C.005 over an adjudicated youth who commits an act that would be a violation of ORS 167.315, 167.320, 167.322 or 167.333 if done by an adult may, in addition to any other exercise of jurisdiction over the adjudicated youth, order that the adjudicated youth undergo psychiatric, psychological or mental health eval…
No operative statutory text appears at this designation in the selected edition.
When a court determines it would be in the best interest and welfare of an adjudicated youth, the court may place the adjudicated youth on probation. The court may direct that the adjudicated youth remain in the legal custody of the adjudicated youth’s parents or other person with whom the adjudicated youth is living, or the court may direct that the adjudic…
No operative statutory text appears at this designation in the selected edition.
It is the policy of the State of Oregon to encourage and promote the payment of restitution and other obligations by adjudicated youths as well as by adult offenders. In any case within the jurisdiction of the juvenile court pursuant to ORS 419C.005 in which the adjudicated youth caused another person any physical, emotional or psychological injury or any lo…
Pursuant to a hearing, the juvenile court may order an adjudicated youth placed in a detention facility for a specific period of time not to exceed eight days, in addition to time already spent in the facility, unless a program plan that is in conformance with standards established by the Youth Development Council has been filed with and approved by the coun…
Pursuant to a hearing, the juvenile court may order an adjudicated youth 12 years of age or older placed in a detention facility for a specific period of time not to exceed eight days, in addition to time already spent in the facility, when the adjudicated youth has been found to be within the jurisdiction of the juvenile court by reason of having escaped fr…
A court may not assess any fee or fine under ORS 137.533, 137.540, 409.220, 809.267 or 813.240 arising out of the actions of a person who: Was under 18 years of age at the time of the act or is subject to juvenile court probation; and Was not waived to circuit court for prosecution as an adult under ORS 419C.340. The fees and fines described in subsection…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
When an adjudicated youth has been found to be within the jurisdiction of the juvenile court for having committed an act that if committed by an adult would constitute a violation of ORS 164.383 or 164.386 or criminal mischief and the act consisted of defacing property by creating graffiti, the court, in addition to any other disposition, may order the adjud…
The court may order an adjudicated youth to perform appropriate community service for a number of hours not to exceed that which could be required under ORS 137.129 if the adjudicated youth were an adult.
Upon agreement of the adjudicated youth, the adjudicated youth’s parent or guardian and the victim of the adjudicated youth’s conduct, the court may order an adjudicated youth to perform personal service for the victim as a condition of probation. Contact with a victim to determine whether the victim is willing to agree to such personal service shall be by a…
The Oregon Youth Authority and county juvenile departments, respectively, and to the extent practicable, shall create opportunities for adjudicated youths placed in the legal custody of the youth authority or under the supervision of a county juvenile department to pay restitution as ordered by the court and to perform any community service ordered by the co…
The court may order that the driving privileges of a youth be suspended if: The petition alleges that the youth is within the jurisdiction of the court for violating ORS 471.430 or 475C.317; The youth has been issued a summons under ORS 419C.306; and The youth fails to appear as required by the summons. When a court issues an order under subsection (1) o…
Whenever an adjudicated youth has been found to be within the jurisdiction of the court under ORS 419C.005 for having committed an act that if done by an adult would constitute a felony listed in subsection (2) of this section, the court shall order the adjudicated youth to submit to the obtaining of a blood or buccal sample in the manner provided by ORS 137…
Whenever an adjudicated youth has been found to be within the jurisdiction of the court under ORS 419C.005 (1) for having committed an act from which it appears that the transmission of body fluids from one person to another as described in ORS 135.139 may have been involved or a sexual act may have occurred, the court shall order the adjudicated youth to su…
The court may, in addition to probation or any other dispositional order, place an adjudicated youth who is at least 12 years of age in the legal custody of the Oregon Youth Authority for care, placement and supervision or, when authorized under subsection (3) of this section, place an adjudicated youth in the legal custody of the Department of Human Service…
The juvenile court retains jurisdiction and the Oregon Youth Authority retains legal custody of an adjudicated youth committed to it regardless of the physical placement of the adjudicated youth by the youth authority. When the court grants legal custody to the youth authority, it may also grant guardianship of the adjudicated youth to the youth authority, …
No operative statutory text appears at this designation in the selected edition.
To ensure effective planning for adjudicated youths committed to its custody, the Oregon Youth Authority shall take into consideration recommendations and information provided by the committing court before placement in any facility. The youth authority shall ensure that the case planning in any case: Serves the purposes of and is consistent with the princi…
Whenever an adjudicated youth who is in need of medical care or other special treatment by reason of physical or mental condition is placed in the custody of the Oregon Youth Authority by the juvenile court, the youth authority shall prepare a plan for care or treatment within 14 days after assuming custody of the adjudicated youth. The court may indicate in…
Commitment of an adjudicated youth to the Oregon Youth Authority or the Department of Human Services does not terminate the court’s continuing jurisdiction to protect the rights of the adjudicated youth or the adjudicated youth’s parents or guardians. Notwithstanding ORS 419C.478 (5), if upon review of a placement of an adjudicated youth made by the youth au…
An adjudicated youth placed in the legal custody of the Oregon Youth Authority may be placed in a youth correction facility or in a private institution operated as a facility for adjudicated youths requiring secure custody only when the juvenile court having jurisdiction so recommends. An adjudicated youth who is admitted to a youth correction facility may …
If there is an interstate compact or agreement or an informal arrangement with another state permitting the adjudicated youth to reside in another state while on probation or under protective supervision, or to be placed in an institution or with an agency in another state, the court may place the adjudicated youth on probation or under protective supervisio…
The court shall fix the duration of any disposition made pursuant to this chapter and the duration may be for an indefinite period. Any placement in the legal custody of the Department of Human Services or the Oregon Youth Authority under ORS 419C.478 or placement under the jurisdiction of the Psychiatric Security Review Board under ORS 419C.529 shall be for…
In any case under ORS 419C.005 the court, notwithstanding ORS 419C.501, may place the adjudicated youth on probation to the court for a period not to exceed five years. However, the period of probation shall not extend beyond the date on which the adjudicated youth becomes 23 years of age.
The court may, in lieu of or in addition to any disposition under this chapter, direct that an adjudicated youth be examined or treated by a physician, psychiatrist or psychologist, or receive other special care or treatment in a hospital or other suitable facility. If the court determines that mental health examination and treatment should be provided by se…
The Chief Justice of the Supreme Court shall create an advisory committee consisting of three judges appointed by the Chief Justice. The advisory committee shall study dispositions imposed in juvenile court cases under ORS 419C.005 and make recommendations for disposition criteria that consider: The protection of the community; The accountability of the of…
As used in ORS 419C.411, 419C.522 to 419C.527 and 419C.529 to 419C.542: “Conditional release” includes but is not limited to the monitoring of mental and physical health treatment. “Qualifying mental disorder” does not include an abnormality: Manifested only by repeated criminal or otherwise antisocial conduct; Constituting solely a personality disorder;…
Qualifying mental disorder constituting insanity under ORS 419C.411 (2) is an affirmative defense.
A youth may not introduce evidence on the issue of the defense set forth in ORS 419C.522 unless the youth: Gives notice of intent to do so in the manner provided in subsection (2) of this section; and Files with the court a report of a psychiatric or psychological evaluation, conducted by a certified evaluator, in the manner provided in subsection (5) of t…
Upon the filing of a written notice of intent or the introduction of evidence by the youth as provided in ORS 419C.524, the state may have at least one psychiatrist certified, or eligible to be certified, by the Oregon Medical Board in child psychiatry or licensed psychologist with expertise in child psychology of its selection examine the youth. Unless the …
After the entry of a jurisdictional order under ORS 419C.411 (2), if the court finds by a preponderance of the evidence that the young person, at the time of disposition, has a serious mental condition or has a qualifying mental disorder other than a serious mental condition and presents a substantial danger to others, requiring conditional release or commit…
The Psychiatric Security Review Board exercises continuing jurisdiction over a young person committed to, or retained in, a hospital or facility designated by the Department of Human Services or the Oregon Health Authority under ORS 419C.529. If the board determines after review that the placement of a young person in the particular hospital or facility is s…
If the juvenile court or the Psychiatric Security Review Board determines that a victim desires notification as described in ORS 419C.529, the board shall make a reasonable effort to notify the victim of board hearings and orders, conditional release, discharge or escape. Nothing in this subsection authorizes the board to disseminate information that is othe…
The Psychiatric Security Review Board shall conduct hearings on an application for discharge, conditional release, commitment or modification filed under or required by ORS 419C.538, 419C.540 and 419C.542, and shall make findings on the issues before the board. In every hearing before the board, the board shall determine whether the young person: Has a ser…
The Psychiatric Security Review Board, by rule pursuant to ORS 183.325 to 183.410 and not inconsistent with law, may implement its policies and set out its procedure and practice requirements and may promulgate such interpretive rules as the board deems necessary or appropriate to carry out its statutory responsibilities. The Psychiatric Security Review Boa…
The Psychiatric Security Review Board shall appoint suitable counsel to represent a young person about whom a hearing under ORS 419C.532 is being held. Counsel appointed must be an attorney who satisfies the minimum standards established by the Oregon Public Defense Commission under ORS 151.216. The executive director of the commission shall determine and al…
When the Psychiatric Security Review Board orders a young person conditionally released under ORS 419C.532 (4), the board may designate a qualified mental health or developmental disabilities treatment provider or state, county or local agency to supervise the young person on release subject to those conditions as the board directs in the order for condition…
The director of a hospital or facility to which a young person was committed under ORS 419C.532 (5) shall apply to the Psychiatric Security Review Board for an order of discharge or conditional release of the young person if, at any time after the commitment, the director is of the opinion that the young person: No longer has a qualifying mental disorder; …
A young person committed by the court under ORS 419C.529 to a hospital or facility designated by the Department of Human Services or the Oregon Health Authority may not be held in the hospital or facility for more than 90 days from the date of the court’s commitment order without an initial hearing before the Psychiatric Security Review Board to determine wh…
No operative statutory text appears at this designation in the selected edition.
A person, agency or institution having legal custody of a youth or adjudicated youth has the following duties and authority: To have physical custody and control of the youth or adjudicated youth. To supply the youth or adjudicated youth with food, clothing, shelter and incidental necessaries. To provide the youth or adjudicated youth with care, education…
Except when the court grants legal custody to the Oregon Youth Authority, the court may grant guardianship of the adjudicated youth to a private institution or agency to which the adjudicated youth is committed or to some suitable person or entity if it appears necessary to do so in the interests of the adjudicated youth.
A person, agency or institution having guardianship of an adjudicated youth by reason of appointment by the court has the duties and authority of a guardian of the adjudicated youth, including but not limited to the following: To authorize surgery for the adjudicated youth, but this authority does not prevent the person having legal custody of the adjudicat…
A person appointed guardian of an adjudicated youth by the court is guardian only and not a conservator of the estate of the adjudicated youth, unless that person is appointed conservator of the adjudicated youth’s estate in a protective proceeding as provided in ORS chapter 125. AUTHORITY OF COURT OVER PARENT OR GUARDIAN
A parent or legal guardian of an adjudicated youth, if the parent or guardian was served with summons under ORS 419C.300, 419C.303 and 419C.306 prior to the adjudication or at least 10 days prior to disposition, is subject to the jurisdiction of the court for purposes of this section. The court may: Order the parent or guardian to assist the court in any re…
The court may order the parent or guardian to participate in any educational or counseling programs as are reasonably directed toward improvement of parenting skills and the ability of the parent to supervise the adjudicated youth if the court finds: That a deficiency in parenting skills has significantly contributed to the circumstances bringing the adjudi…
If the court finds that the parent’s or guardian’s addiction to or habitual use of alcohol, cannabis or controlled substances has significantly contributed to the circumstances bringing the adjudicated youth within the jurisdiction of the court, the court may conduct a special hearing to determine if the court should order the parent or guardian to participa…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
Except as provided in ORS 419C.613, 419C.615 and 419C.616, the court may modify or set aside any order made by it upon such notice and with such hearing as the court may direct. When the court modifies or sets aside an order of jurisdiction based on a petition alleging that an adjudicated youth has committed an act that would constitute a sex crime, as defi…
Except as provided in subsection (2) of this section, notice and a hearing as provided in this chapter shall be granted in any case where the effect of modifying or setting aside the order will or may be to deprive a parent of the legal custody of the adjudicated youth, to place the adjudicated youth in an institution or agency or to transfer the adjudicated…
In addition to any other grounds upon which a person may petition a court under ORS 419C.610, a person may petition the court on the following grounds to set aside an order finding the person to be within the jurisdiction of the court under ORS 419C.005: A substantial denial in the proceedings resulting in the person’s adjudication, or in the appellate revi…
The effect of a prior proceeding concerning the adjudication of the person that is challenged in a petition under ORS 419C.615 is as follows: The failure of the petitioner to have sought appellate review of the adjudication, or to have raised matters alleged in the petition at the prior proceeding, does not affect the availability of relief under ORS 419C.6…
If a person seeking relief under ORS 419C.615 is over 18 years of age and is no longer within the jurisdiction of the juvenile court, the petition must be filed within two years of the following, unless the court on hearing a subsequent petition finds grounds for relief asserted therein that could not reasonably have been raised in the original petition or a…
When required by the court, the Oregon Youth Authority or a private agency having guardianship or legal custody of an adjudicated youth pursuant to court order shall file reports on the adjudicated youth with the juvenile court that entered the original order concerning the adjudicated youth. A county juvenile department shall file a report with the juvenil…
The Oregon Youth Authority, a county juvenile department or a private agency shall file the reports required by ORS 419C.620 at times required by the court, required by the adjudicated youth’s reformation plan or case plan and as determined necessary by the youth authority or agency. The youth authority or agency shall file reports more frequently if the cou…
Upon receiving a report required by ORS 419C.620: The court may hold a hearing to review the adjudicated youth’s condition and circumstances and to determine if the court should continue jurisdiction over the adjudicated youth or order modifications in the custody, placement and supervision of the adjudicated youth. And if requested by the adjudicated yout…
Except when an adjudicated youth has been surrendered for adoption or the parents’ rights have been terminated, the court shall send a copy of a report required by ORS 419C.620 to the parents of the adjudicated youth and shall notify the parents either that a hearing will be held or that the parents may request a hearing at which time they may ask for modifi…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
The court may order that the adjudicated youth or any other person be present during a hearing under ORS 419C.626. The court shall notify the parties listed in ORS 419C.626 and any other interested parties of the hearing. The notice shall state the time and place of the hearing. Upon request of the court, the Oregon Youth Authority or other legal custodian …
No operative statutory text appears at this designation in the selected edition.
No minor shall be in or upon any street, highway, park, alley or other public place between the hours of 12 midnight and 4 a.m. of the following morning, unless: Such minor is accompanied by a parent, guardian or other person 18 years of age or over and authorized by the parent or by law to have care and custody of the minor; Such minor is then engaged in …