ORS 419C.273 Right of victim to be present at proceedings; advice of rights; notice

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 review placements;

Hearings to set or change conditions of release;

Hearings to transfer proceedings or to transfer parts of proceedings;

Waiver hearings;

Adjudication and plea hearings;

Dispositional hearings, including but not limited to restitution hearings;

Review or dispositional review hearings;

Hearings on motions to amend, dismiss or set aside petitions, orders or judgments;

Probation violation hearings, including probation revocation hearings, when the basis for the alleged violation directly implicates a victim’s rights;

Hearings for relief from the duty to report under ORS 163A.130; and

Expunction hearings.

The victim of any act alleged in a petition filed under this chapter may be present at and, upon request, must be informed in advance of critical stages of the proceedings held in open court when the youth or adjudicated youth will be present.

The victim must be informed of any constitutional rights of the victim. Except as provided in ORS 147.417, the district attorney or juvenile department must ensure that victims are informed of their constitutional rights.

The district attorney or the juvenile department shall notify the victim of the expunction process under ORS 419A.261. The notification must be made at or before the time of adjudication of an act that, if committed by an adult, would constitute a violation, misdemeanor or felony.

The victim has the right, upon request, to be notified in advance of or to be heard at:

A detention or shelter hearing;

A hearing to review the placement of the youth or adjudicated youth; or

A dispositional hearing.

For a release hearing, the victim has the right:

Upon request, to be notified in advance of the hearing;

To appear personally at the hearing; and

If present, to reasonably express any views relevant to the issues before the court.

If the victim is not present at a critical stage of the proceeding, the court shall ask the district attorney or juvenile department whether the victim requested to be notified of critical stages of the proceedings. If the victim requested to be notified, the court shall ask the district attorney or juvenile department whether the victim was notified of the date, time and place of the hearing.

Nothing in this section creates a cause of action for compensation or damages. This section may not be used to invalidate an accusatory instrument or adjudication or otherwise terminate any proceeding at any point after the case is commenced or on appeal.