Oregon Revised Statutes
As used in ORS 420.005 to 420.048, 420.060 to 420.275, 420.810 to 420.840, 420.905 to 420.915 and 420A.300 to 420A.315, unless the context requires otherwise: “Adjudicated youth” has the meaning given that term in ORS 419A.004. “Design capacity” means the number of adjudicated youths or other persons a youth correction facility is able to hold based on app…
Except as provided in subsections (2), (3) and (4) of this section, admissions to the youth correction facilities are limited to adjudicated youths who are at least 12 but less than 20 years of age, found by the juvenile court to have committed an act that if committed by an adult would constitute aggravated murder, murder, a felony or a Class A misdemeanor …
The Oregon Youth Authority shall work collaboratively with the juvenile departments to divert youths and adjudicated youths from commitment to youth correction facilities to alternative community services. The juvenile departments shall develop local diversion plans for services needed to divert the commitment of youths and adjudicated youths from youth cor…
The Oregon Youth Authority may contract with the governing body of a county or two or more counties, if the counties have joined together as a consortium or region, for implementing the diversion plan described in ORS 420.017. A county or counties that contract with the Oregon Youth Authority under this section shall have access to a continuum of out-of-hom…
All traveling and other expenses incurred in placing a person in a youth correction facility in the legal custody of the Oregon Youth Authority and delivering the person into the custody of the youth authority under ORS 419B.337 (1), 419C.478 (1) or 419C.481 shall be borne by the county from which the person was placed in the legal custody of the youth autho…
The granting of legal custody and guardianship over the adjudicated youth to the Oregon Youth Authority does not terminate the juvenile court’s jurisdiction over the adjudicated youth. Upon parole of the adjudicated youth from a youth correction facility, the legal custody of the adjudicated youth is vested in the parents of the adjudicated youth or other p…
The youth correction facility, the superintendents of the youth correction facility, the Director of the Oregon Youth Authority and personnel of the Oregon Youth Authority are not liable for any damages whatsoever that are sustained by any person on account of the actions or misconduct of an adjudicated youth placed in a youth correction facility.
Upon finding that an adjudicated youth placed in a youth correction facility is ready for release therefrom and that the adjudicated youth had best be returned to the parent or guardian of the adjudicated youth or to a suitable and desirable home or facility, the Director of the Oregon Youth Authority may, after advising the committing court, release the adj…
When an adjudicated youth who is in the legal custody of the Oregon Youth Authority transfers from one school or school district to a different school or school district, the person responsible for supervising the adjudicated youth shall notify the school administrator of the school or of the school district to which the adjudicated youth has transferred of …
The Oregon Youth Authority may authorize ordinary medical, dental, psychiatric, psychological, hygienic or other remedial care and treatment for a person under 18 years of age who is placed in the physical custody of the youth authority under ORS 137.124 and, in an emergency in which the safety of the person appears urgently to require it, may authorize surg…
EMPLOYMENT PROGRAM
Upon finding that the education and training of an adjudicated youth placed in a youth correction facility will be furthered if the adjudicated youth is permitted to work at gainful employment on a temporary basis, the superintendent may enter into an agreement with any suitable person or business establishment for the temporary employment of the adjudicated…
Such agreements shall provide for compensation to be paid for the adjudicated youth’s work at the prevailing wages for such work in the community where the adjudicated youth is employed or at a wage rate approved by the superintendent. All sums earned by an adjudicated youth placed in a youth correction facility, other than amounts involuntarily withheld by…
While temporarily employed under ORS 420.060 to 420.074, an adjudicated youth placed in a youth correction facility shall remain in the legal custody of the superintendent. The superintendent shall continue to exercise appropriate supervision over the adjudicated youth during the period of the temporary employment of the adjudicated youth.
While temporarily employed under the provisions of ORS 420.060 to 420.074, adjudicated youths placed in a youth correction facility are entitled to the protection and benefits of ORS chapters 652, 654 and 656 to the same extent as other employees of their employer under 21, except that: Payment of wages by an employer of an adjudicated youth directly to the…
PETTY CASH FUND
The institution petty cash fund shall be used by the Oregon Youth Authority to meet immediate spending needs such as clothing, transportation, supplies, and other incidentals for clients at the youth correction facilities. The Director of the Oregon Youth Authority shall designate custodians for subaccounts of the institution petty cash fund at each of the …
JUVENILE CORRECTIONS POPULATION
The total population of adjudicated youths confined in the youth correction facilities may not exceed the design capacity of the facilities designated for close custody purposes by the Director of the Oregon Youth Authority. The total population limit shall include persons placed in the physical custody of the Oregon Youth Authority under ORS 137.124. The d…
The Oregon Department of Administrative Services shall issue a state juvenile corrections population forecast that includes, but is not limited to, close custody and community placement populations in the custody or control or under the supervision of the Oregon Youth Authority. The forecast shall also include an estimate of the demand for beds as defined by…
The Juvenile Corrections Population Forecast Advisory Committee is established. The committee consists of seven members appointed by the Governor. A member of the committee must be knowledgeable about the juvenile justice system and trends that may affect the juvenile justice system. The committee shall assist the Oregon Department of Administrative Servic…
WORK AND TRAINING CAMPS
The Director of the Oregon Youth Authority, in cooperation with any public agency, may establish at any place in this state one or more work and training camps for any adjudicated youths committed to the custody of the Oregon Youth Authority who are determined by the director to be qualified and amenable as security risks for work and training in such camps.
Any camp established pursuant to ORS 420.210 shall be maintained and operated under the supervision of the Director of the Oregon Youth Authority and shall be governed, as far as applicable, by the rules and regulations concerning discipline, care and education of the youth authority.
The Director of the Oregon Youth Authority is responsible for the care and custody of all adjudicated youths assigned to a camp established under ORS 420.210.
The Director of the Oregon Youth Authority and the persons employed by the director or designated to have direct control of the adjudicated youths at camp shall cooperate to the fullest extent with any public agency assisting in the camp program in making assignments and in supervising any work or training of adjudicated youths who are physically able to per…
The Director of the Oregon Youth Authority may enter into contracts with any public agency cooperating or willing to cooperate in the camp program to carry into effect the purposes of ORS 420.210 to 420.235, providing among other things for the type of work to be performed by adjudicated youths at any camp, for rate of payment and other matters relating to t…
Any adjudicated youth who violates the rules and regulations relating to discipline of a camp or who appears to the Director of the Oregon Youth Authority to be a bad security risk may be returned to a more secure youth correction facility on order of the director. WORK RELEASE PROGRAM
The Oregon Youth Authority may establish and administer a work release program in which persons who are committed to the custody of the Department of Corrections and placed in the physical custody of the youth authority under ORS 137.124 or other statute may be authorized to leave assigned quarters for the purpose of: Participating in private, gainful emplo…
The Oregon Youth Authority shall administer the work release program described in ORS 420.240 to 420.265 by means of such staff organization and personnel as the Director of the Oregon Youth Authority considers necessary or advisable. In addition to other duties, the youth authority may: Locate employment for qualified applicants; Effect placement of perso…
The Oregon Youth Authority may contract with the governing bodies of political subdivisions in this state, with the federal government and with any private agencies approved by the youth authority for the quartering in suitable local facilities of persons enrolled in the work release program described in ORS 420.240 to 420.265.
Each person assigned to participate in the work release program described in ORS 420.240 to 420.265 shall promptly surrender to the Oregon Youth Authority all compensation the person receives, if any, other than amounts involuntarily withheld by the employer of the person. The youth authority shall adopt rules providing for the disposition of any compensati…
A person assigned by the Oregon Youth Authority to participate in the work release program described in ORS 420.240 to 420.265, or any other work program, is not an agent, employee or servant of a youth correction facility, the youth authority, the Department of Corrections or this state or a political subdivision of this state: While working, seeking gainf…
The unauthorized absence of a person assigned to the work release program from the place of employment or work assignment or the assigned quarters, if the absence is contrary to the rules or specific conditions applicable to the person under ORS 420.240 to 420.265: Immediately terminates the assignment of the person to the work release program; and Constit…
An adjudicated youth or a person committed to the custody of the Department of Corrections and placed in the physical custody of the Oregon Youth Authority under ORS 137.124 or other statute may be supervised by any employee or agent of a local, state or federal governmental agency while the adjudicated youth or committed person is assigned to a youth correc…
Persons committed to the custody of the Department of Corrections and placed in the physical custody of the Oregon Youth Authority under ORS 137.124 or any other statute: Are entitled to the protection and benefits of ORS 655.505 to 655.555. Are not entitled to the protection and benefits of ORS chapter 656 or 657.
COMMITMENT OF ADJUDICATED YOUTHS TO HOSPITALS OR OTHER FACILITIES
An adjudicated youth in a youth correction facility may not be transferred to an institution for persons with mental illness or mental retardation for a period of more than 14 days unless the adjudicated youth has been committed to an institution for persons with mental illness or mental retardation in the manner specified in ORS 420.505 and 420.525.
An adjudicated youth at a youth correction facility may apply for admission to a hospital or facility designated by the Department of Human Services or the Oregon Health Authority. The application may be made on behalf of the adjudicated youth by the parents or legal guardian of the adjudicated youth. However, the superintendent shall not be required to caus…
PAYMENT OF COMMITMENT PROCEEDING EXPENSES
The costs of the hearings held under ORS 179.473, 419B.328, 419B.331, 419B.334, 419B.337, 419B.343, 419B.346, 419B.349, 419C.446, 419C.450, 419C.478, 419C.481, 419C.486, 419C.489, 419C.492, 419C.498 and 420.500 to 420.525 and the fees for physicians and other qualified persons appointed under ORS 179.473, 419B.328, 419B.331, 419B.334, 419B.337, 419B.343, 419…
PLACEMENT OF YOUTHS IN FOSTER HOMES
All children in the legal custody of the Department of Human Services, who in the judgment of the Director of Human Services or the authorized representative of the director have made sufficient progress in rehabilitation and reform, may be placed with any person or family of good standing and character for care and education under an agreement pursuant to O…
The Director of Human Services or the authorized representative of the director may enter into agreements with persons or families found suitable for the placement of children in the legal custody of the Department of Human Services. The agreement shall provide for the custody, care, education, maintenance and earnings of the child placed for a time fixed i…
The Director of Human Services or the authorized representative of the director shall designate members of the staff of the director as visiting agents. As required by the director or the authorized representative of the director, these visiting agents shall: Visit the foster homes and children placed therein; Ascertain whether the children are properly pl…
Any child placed pursuant to ORS 420.810 to 420.840 may on order of the Director of Human Services or the authorized representative of the director be replaced, if in the opinion of the director or the authorized representative of the director the child would benefit by removal from the foster home.
No parent or other person not a party to the placement agreement shall interfere with or assume any control over the placed child.
The Director of Human Services or the authorized representative of the director in carrying out the provisions of ORS 420.810 to 420.840 may cooperate with and consult any private or public agency concerned with child welfare. YOUTH CARE CENTERS
As used in ORS 418.020, 418.025 and 420.855 to 420.885, unless the context requires otherwise: “Juvenile court” means the court exercising jurisdiction under ORS chapters 419B and 419C in the county. “Youth” means a youth as defined in ORS 419A.004 who is at least 12 years of age and has been found to be within the jurisdiction of the juvenile court under …
It is declared to be the policy and intent of the Legislative Assembly that the State of Oregon shall encourage, aid and financially assist its county governments and public and private agencies in the establishment and development of youth care centers for youths found to be in need of care and rehabilitation pursuant to ORS 419C.446, 419C.450, 419C.478, 41…
The Oregon Youth Authority may place a youth who has been placed in its legal custody pursuant to ORS 419C.478 or 419C.481 in a youth care center if the center complies with the provisions of ORS 420.855 to 420.885 and has been approved by the youth authority. Placement of a youth by the youth authority in a youth care center does not terminate the juvenile…
Approval of the youth care center by the Oregon Youth Authority, required by ORS 420.865, shall be based on reasonable and satisfactory assurance that: Adequate physical facilities exist which comply with applicable rules of the Department of Human Services, the Oregon Health Authority and the State Fire Marshal. There is employment of capable and trained …
A youth care center may not interfere with the good faith disclosure of information by an employee or a volunteer concerning the abuse or mistreatment of a youth in the care of the center, violations of licensing or certification requirements, criminal activity at the youth care center, violations of state or federal laws or any practice that threatens the h…
An approved youth care center is eligible for state support from funds appropriated to the Oregon Youth Authority for that purpose to meet its operating expenses. Public or private agencies operating a youth care center shall make application for state support to the youth authority. The application shall contain such information as may be required by the yo…
Subject to the availability of funds, each youth care center that has received approval from the Oregon Youth Authority and continues to meet the requirements of ORS 420.855 to 420.885 and the rules of the youth authority is eligible to receive state support in an amount to be negotiated between the youth care center and the youth authority.
The youth care center shall present to the Oregon Youth Authority an itemized statement showing the names of the youths being cared for during the period for which the statement is submitted and the amount which the center claims for the period. The youth authority shall investigate the claim and approve only that portion which is in accordance with the prov…
As used in ORS 420.888 to 420.892: “Adjudicated youth” has the meaning given that term in ORS 419A.004. “Adjudicated youth foster home” means any home maintained by a person who has under the care of the person in the home, for the purpose of providing the adjudicated youth with supervision, food and lodging, an adjudicated youth committed to the legal cus…
A person may not operate an adjudicated youth foster home without a certificate of approval issued by the Oregon Youth Authority. A person may apply for a certificate of approval to operate an adjudicated youth foster home by submitting an application to the youth authority on a form furnished by the youth authority. Upon receipt of an application under su…
An adjudicated youth foster home may not interfere with the good faith disclosure of information concerning the abuse or mistreatment of a youth in the care of the adjudicated youth foster home, violations of licensing or certification requirements, criminal activity at the adjudicated youth foster home, violations of state or federal laws or any practice th…
The Oregon Youth Authority shall adopt the rules it deems necessary or advisable to carry out the intent and purposes of this section and ORS 420.890. The youth authority shall adopt rules establishing standards for certification of adjudicated youth foster homes. The youth authority shall include in the rules requirements that a foster parent receive train…
As used in ORS 420.905 to 420.915: “Juvenile community supervision officer” means an employee of the Oregon Youth Authority who is classified as a juvenile parole and probation officer or a juvenile parole and probation assistant. “Peace officer” means: A sheriff, constable or marshal, or the deputy of any such officer; A member of the state police; A m…
When an adjudicated youth placed in a youth correction facility has escaped or is absent without authorization from the youth correction facility or from the custody of any person in whose charge the adjudicated youth lawfully has been placed, the superintendent of the youth correction facility concerned, or the superintendent’s authorized representative, ma…
Upon issuance of an order or warrant of arrest under ORS 420.910, a peace officer may apprehend and deliver to a juvenile detention facility as described in ORS 419A.050 and 419A.052 the escapee, absentee or parole violator who is under 18 years of age. If the escapee, absentee or parole violator is 18 years of age or older, a peace officer may deliver the p…
PENALTIES
Violation of ORS 420.835 is a misdemeanor.
In addition to any other liability or penalty provided by law, the Director of the Oregon Youth Authority shall impose a civil penalty, as provided in ORS 183.745, on a youth care center, as defined in ORS 420.855, that violates ORS 420.872. A civil penalty under subsection (1) of this section is $500 for each violation.
In addition to any other liability or penalty provided by law, the Director of the Oregon Youth Authority shall impose a civil penalty, as provided in ORS 183.745, on an adjudicated youth foster home, as defined in ORS 420.888, that violates ORS 420.891. A civil penalty under subsection (1) of this section is $500 for each violation. _______________