Oregon Law
Law as of Jan 1, 2024
Chapter contents
419C.001Purposes of juvenile justice system in delinquency cases; audits 419C.005Jurisdiction 419C.007Suspension or revocation of driving privileges 419C.010Extradition 419C.013Venue 419C.020Notice to parents or guardian of youth; when given; contents 419C.025Appearance by telephone or closed-circuit television 419C.030Screening for sex trafficking victims; resource referral 419C.050Transfer to juvenile court from another court 419C.053Transfer to court of county of youth’s residence 419C.056Transfer of jurisdiction by court in county of youth’s residence 419C.058Transfer of jurisdiction to tribal court 419C.059Facilitation of disposition; interests of youth; authority of court where proceeding pending to allow other county to conduct hearing or assume jurisdiction 419C.062[1993 c.33 §156; repealed by 2017 c.252 §24] 419C.065Transportation of youth whose case is transferred 419C.067Case transferred to juvenile court after verdict in criminal court 419C.080Custody; when authorized 419C.085Citation in lieu of custody 419C.088Custody by private person 419C.091Custody not arrest 419C.094Jurisdiction attaches at time youth taken into custody 419C.097Notice to parents, victim 419C.100Release of youth taken into custody; exceptions 419C.103Procedure when youth is not released; release decision when youth taken into custody resides in other county 419C.106Report required when youth is taken into custody 419C.109Initial disposition of youth taken into custody 419C.125Detention in place where adults are detained of certain persons alleged to be within court’s jurisdiction 419C.130Youth or adjudicated youth may not be detained where adults are detained; exceptions 419C.133Detention of youth under 12 years of age; judicial review required 419C.136Temporary hold to develop release plan; duration 419C.139Speedy hearing on detention cases 419C.142Notice of detention hearing 419C.145Preadjudication detention; grounds 419C.150Time limitations on detention; exceptions 419C.153Detention review or release hearing 419C.156Detention of runaway from another state 419C.159Escape; punishment 419C.170Time limitations on shelter care 419C.173Evidentiary hearing 419C.176Conditional release by court 419C.179Release security provisions not applicable 419C.200Court-appointed counsel for youth; waiver 419C.203[1993 c.33 §183; 1997 c.761 §§7,7a; 2001 c.962 §50; 2003 c.449 §13; 2012 c.107 §47; repealed by 2021 c.597 §37] 419C.206Compensation for counsel 419C.209Applicability of other laws 419C.220Appointment of surrogate 419C.223Duties and tenure 419C.225Authorized diversion programs 419C.226Youth courts 419C.230Formal accountability agreements; when appropriate; consultation with victim 419C.233Nature of agreement 419C.236Agreement may require counseling, community service, education, treatment or training; restitution 419C.237Agreement may require mental health evaluation 419C.239Requirements of agreement; disclosure 419C.242Revocation and modification of agreement 419C.245Right to counsel; waiver 419C.250Who may file petition; form 419C.255Facts to be pleaded 419C.258Service 419C.261Amendment and dismissal of petition 419C.270Application of criminal procedure laws 419C.273Right of victim to be present at proceedings; advice of rights; notice 419C.274Notification of victim regarding waiver hearing or second look hearing 419C.276Disclosure of personal identifiers of victim or witness; advice of rights prior to interview or deposition; prohibited contact with victim or witness; effect of threats or intimidation 419C.280Consolidation 419C.285Parties to delinquency proceeding; rights of limited participation; interpreters 419C.300Time limits on issuance of summons 419C.303Form of summons; content 419C.306Effect of summons; to whom issued 419C.309Service of summons or other process 419C.312Alternate service 419C.315Travel expenses of party summoned 419C.317Compliance with summons 419C.320When arrest warrant for summoned person authorized 419C.323Proceeding when summoned party not before court 419C.340Authority to waive youth to adult court 419C.343Depositions 419C.346Juvenile court’s retention of authority over parent 419C.349Grounds for waiving youth to adult court 419C.352Grounds for waiving youth under 15 years of age 419C.355Written findings required 419C.358Consolidation of nonwaivable and waivable charges 419C.361Disposition of nonwaivable consolidated charges and lesser included offenses 419C.364Waiver of future cases 419C.367Vacating order waiving future cases 419C.370Waiver of motor vehicle, boating, game, violation and property cases 419C.372Handling of motor vehicle, boating or game cases not requiring waiver 419C.374Alternative conduct of proceedings involving traffic, boating and game cases 419C.378Motion for finding that youth is unfit to proceed 419C.380Evaluation; payment for evaluation 419C.382Duties of Oregon Health Authority; rules 419C.384[2013 c.709 §4; repealed by 2017 c.558 §2] 419C.386Filing of report 419C.388Objection to report; hearing; findings 419C.390Order 419C.392Effect of findings 419C.394Program to provide restorative services 419C.396Provision of restorative services; report; review hearing 419C.398Removal of youth from placement for purpose of receiving restorative services 419C.400Conduct of hearings 419C.405Witnesses; subpoena 419C.408Witness fees 419C.411Disposition order; factors to be considered; finding of responsible except for insanity 419C.420Adjudication without hearing 419C.440When court has duties and authority of guardian 419C.441Mental health evaluation, care and treatment 419C.443[1993 c.33 §228; 1995 c.422 §135; 1995 c.440 §5; 2003 c.396 §108; 2005 c.22 §295; 2005 c.708 §55; 2009 c.595 §367; 2013 c.591 §10; 2016 c.24 §57; 2017 c.21 §107; repealed by 2017 c.20 §10] 419C.446Probation; requirements 419C.449[1997 c.725 §3; 2001 c.485 §2; 2003 c.396 §110; 2021 c.489 §71; repealed by 2021 c.597 §37] 419C.450Restitution 419C.453Detention; when authorized 419C.456Detention after escape 419C.457Prohibition on imposition of fines and fees for acts committed by child, youth, adjudicated youth or young person 419C.459[1993 c.33 §233; 2003 c.396 §113; 2011 c.597 §21; 2021 c.489 §75; repealed by 2021 c.597 §37] 419C.460Process for unlawful possession of controlled substances 419C.461Disposition for graffiti related offenses 419C.462Community service 419C.465Service to victim 419C.470Opportunities to fulfill obligations imposed by court 419C.472Suspension of driving privileges 419C.473Authority to order blood or buccal samples 419C.475Authority to order blood-borne infection testing 419C.478Commitment to Oregon Youth Authority or Department of Human Services 419C.481Guardianship and legal custody of adjudicated youth committed to Oregon Youth Authority 419C.483[1993 c.33 §241; repealed by 1999 c.92 §7] 419C.486Consideration of recommendations of committing court; case planning 419C.489Condition requiring medical care or special treatment; preparation of plan; progress reports 419C.492Court’s authority to review placement 419C.495When commitment to youth correction facility authorized 419C.498Disposition under compact, agreement or arrangement with another state 419C.501Duration of disposition 419C.504Duration of probation 419C.507Additional options; consultation 419C.510Advisory committee to study dispositions; recommendations 419C.520Definitions 419C.522Qualifying mental disorder as affirmative defense 419C.524Notice and filing report prerequisite to defense; timing 419C.527Procedure for state to obtain mental examination of youth; limitations 419C.529Finding of serious mental condition; jurisdiction of Psychiatric Security Review Board; conditional release or commitment 419C.530Continuing jurisdiction of Psychiatric Security Review Board after placement 419C.531Notice to victim; opportunity to be heard; request for reconsideration 419C.532Hearings of juvenile panel of Psychiatric Security Review Board; requirements; standards; dispositions 419C.533Rules 419C.535Appointed counsel; representation of state in contested hearings before panel 419C.538Conditional release 419C.540Discharge or conditional release after commitment 419C.542Hearings before juvenile panel of Psychiatric Security Review Board 419C.544Transfer of cases from juvenile panel to adult panel of Psychiatric Security Review Board 419C.550Duties and authority 419C.555Authority to appoint guardian 419C.558Duties and authority of guardian 419C.561Limitation of guardianship granted by juvenile court 419C.570Parent or guardian summoned subject to jurisdiction of court; probation contract 419C.573Court may order education or counseling 419C.575Court may order drug or alcohol treatment; hearing required; appointment of counsel for parent or guardian 419C.590[1993 c.33 §256; 1997 c.704 §§47,61; 2003 c.116 §17; 2003 c.396 §132a; 2015 c.298 §102; 2021 c.489 §99; repealed by 2021 c.597 §37] 419C.592[1993 c.33 §257; 2003 c.576 §253; repealed by 2021 c.597 §37] 419C.595[1993 c.33 §259; 2003 c.396 §133; 2021 c.489 §100; repealed by 2021 c.597 §37] 419C.597[1993 c.33 §258; 1999 c.80 §77; 2001 c.455 §23; 2003 c.572 §19; 2003 c.576 §453; 2021 c.489 §101; repealed by 2021 c.597 §37] 419C.600[1993 c.33 §260; 1993 c.798 §31a; 2003 c.396 §134; 2021 c.489 §102; repealed by 2021 c.597 §37] 419C.610Authority to modify or set aside orders 419C.613Notice of modification 419C.615Grounds for setting aside order; procedure; appeal 419C.616Effect of prior proceeding on petition under ORS 419C.615 419C.617Time limitation for certain adults seeking relief under ORS 419C.615 419C.620Circumstances requiring report 419C.623Frequency and content of report 419C.626Review hearing by court; findings; appeal 419C.629Distribution of report by court 419C.640[1993 c.33 §267; repealed by 1999 c.92 §7] 419C.650[1993 c.33 §268; 2003 c.396 §136; repealed by 2005 c.159 §10] 419C.653Notice; appearance 419C.656[1993 c.33 §270; 2001 c.480 §11; 2001 c.910 §7; 2003 c.396 §138; repealed by 2005 c.159 §10] 419C.680Curfew; parental responsibility; authority of political subdivisions; custody authorized

Chapter 419C — Juvenile Code: Delinquency

ORS 419C.388 Objection to report; hearing; findings

(1)

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 within 21 days after the objection is filed with the court.

(2)

If a written objection is not filed under this section, and the court does not adopt the evaluator’s opinion regarding the youth’s fitness to proceed, the court shall hold a hearing within 21 days after the report is filed with the court. The court may postpone the hearing for good cause shown.

(3)

The court shall decide whether a youth is unfit to proceed by a preponderance of the competent evidence introduced at a hearing under this section. The order must set forth findings on the youth’s fitness to proceed.

Note: See note under 419C.378.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.