US Laws, Codes, Statutes & Cases

Chapter 419A — Juvenile Code: General Provisions and Definitions

 

2007 EDITION

 

JUVENILE CODE: GENERAL PROVISIONS AND DEFINITIONS

 

HUMAN SERVICES; JUVENILE CODE; CORRECTIONS

 

GENERAL PROVISIONS

 

419A.004  Definitions

 

COUNTY JUVENILE DEPARTMENT

 

419A.010  Appointment of counselors and director

 

419A.012  Duties of director or counselor

 

419A.014  Reports by juvenile department

 

419A.015  Reports to school districts concerning youth offenders on probation

 

419A.016  Powers of director or counselor

 

419A.018  Juvenile department is county agency

 

419A.020  County responsibility for expenses of juvenile department

 

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

 

COURT SERVICES

 

419A.045  Policy and purpose

 

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

 

419A.047  Financial aid to counties for court services

 

419A.048  Court to comply with fiscal reporting procedures

 

DETENTION AND SHELTER FACILITIES

 

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

 

419A.052  Specifications of facilities

 

419A.055  Examination of facilities; capacity limits

 

419A.057  Payment of maintenance expenses; admission of youth offenders

 

419A.059  Designation of detention and shelter facilities

 

419A.061  Inspection of detention facilities

 

419A.063  Requirements for detention facilities

 

LOCAL CITIZEN REVIEW BOARDS

 

419A.090  Local citizen review boards

 

419A.092  Membership; training

 

419A.094  Additional boards; creation

 

419A.096  Duties of Judicial Department in administering boards

 

419A.098  Rules

 

419A.100  Confidentiality of information; penalty

 

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

 

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

 

419A.106  Review of cases generally

 

419A.107  Review of cases of youth offenders

 

419A.108  Procedure for conflicts of interest

 

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

 

419A.110  Immunity of participants in case review

 

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

 

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

 

419A.116  Findings and recommendations; judicial review

 

419A.118  Records; disclosure of findings and recommendations

 

419A.120  Court use of findings and recommendations

 

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

 

419A.124  Policy and procedure recommendations

 

419A.128  State Citizen Review Board Operating Account

 

JUVENILE COURT REFEREES

 

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

 

COURT APPOINTED SPECIAL ADVOCATES

 

419A.170  Appointment; duties; immunity; access to information; CASA Fund; rules

 

CONTEMPT

 

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

 

FORMER JEOPARDY

 

419A.190  Effect of adjudicatory hearing or admission

 

APPEALS

 

419A.200  Who may appeal; time limitations; procedure; scope of review; effect of filing appeal

 

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

 

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

 

419A.211  Appointment of counsel

 

FINGERPRINTING AND PHOTOGRAPHING

 

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

 

RECORDS

 

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

 

419A.255  Maintenance; disclosure; providing transcript; exceptions to confidentiality

 

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

 

419A.257  Disclosure to district attorney and other state and county entities

 

419A.260  Expunction; definitions

 

419A.262  Expunction proceeding; notice to victim; effect of expunction; confidentiality; penalties

 

MISCELLANEOUS

 

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

 

      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:

      (1) “CASA Volunteer Program” means a program approved or sanctioned by the juvenile court to recruit, train and supervise volunteer persons to serve as court appointed special advocates.

      (2) “Child care center” means a residential facility for wards or youth offenders that is licensed under the provisions of ORS 418.240.

      (3) “Community service” has the meaning given that term in ORS 137.126.

      (4) “Conflict of interest” means a person appointed to a local citizen review board who has a personal or pecuniary interest in a case being reviewed by that board.

      (5) “Counselor” means a juvenile department counselor or a county juvenile probation officer.

      (6) “Court” means the juvenile court.

      (7) “Court appointed special advocate” or “CASA” means a person appointed by the court pursuant to a CASA Volunteer Program to act as special advocate pursuant to ORS 419A.170.

      (8) “Court facility” has the meaning given that term in ORS 166.360.

      (9) “Department” means the Department of Human Services.

      (10) “Detention” or “detention facility” means a facility established under ORS 419A.010 to 419A.020 and 419A.050 to 419A.063 for the detention of children, wards, youths or youth offenders pursuant to a judicial commitment or order.

      (11) “Director” means the director of a juvenile department established under ORS 419A.010 to 419A.020 and 419A.050 to 419A.063.

      (12) “Guardian” means guardian of the person and not guardian of the estate.

      (13) “Indian child” means any unmarried person less than 18 years of age who is:

      (a) A member of an Indian tribe; or

      (b) Eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe.

      (14) “Juvenile court” means the court having jurisdiction of juvenile matters in the several counties of this state.

      (15) “Local citizen review board” means the board specified by ORS 419A.090 and 419A.092.

      (16) “Parent” means the biological or adoptive mother and the legal father of the child, ward, youth or youth offender. As used in this subsection, “legal father” means:

      (a) A man who has adopted the child, ward, youth or youth offender or whose paternity has been established or declared under ORS 109.070 or 416.400 to 416.465 or by a juvenile court; and

      (b) In cases in which the Indian Child Welfare Act applies, a man who is a father under applicable tribal law.

      (17) “Permanent foster care” means an out-of-home placement in which there is a long-term contractual foster care agreement between the foster parents and the department that is approved by the juvenile court and in which the foster parents commit to raise a ward in substitute care or youth offender until the age of majority.

      (18) “Planned permanent living arrangement” means an out-of-home placement other than by adoption, placement with a relative or placement with a legal guardian that is consistent with the case plan and in the best interests of the ward.

      (19) “Public building” has the meaning given that term in ORS 166.360.

      (20) “Reasonable time” means a period of time that is reasonable given a child or ward’s emotional and developmental needs and ability to form and maintain lasting attachments.

      (21) “Records” means any information in written form, pictures, photographs, charts, graphs, recordings or documents pertaining to a case.

      (22) “Resides” or “residence,” when used in reference to the residence of a child, ward, youth or youth offender, means the place where the child, ward, youth or youth offender is actually living or the jurisdiction in which wardship or jurisdiction has been established.

      (23) “Restitution” has the meaning given that term in ORS 137.103.

      (24) “Serious physical injury” means:

      (a) A serious physical injury as defined in ORS 161.015; or

      (b) A physical injury that:

      (A) Has a permanent or protracted significant effect on a child’s daily activities;

      (B) Results in substantial and recurring pain; or

      (C) In the case of a child under 10 years of age, is a broken bone.

      (25) “Shelter care” means a home or other facility suitable for the safekeeping of a child, ward, youth or youth offender who is taken into temporary custody pending investigation and disposition.

      (26) “Short-term detention facility” means a facility established under ORS 419A.050 (3) for holding children, youths and youth offenders pending further placement.

      (27) “Sibling” means one of two or more children or wards related:

      (a) By blood or adoption through a common legal parent; or

      (b) Through the marriage of the children’s or wards’ legal or biological parents.

      (28) “Substitute care” means an out-of-home placement directly supervised by the department or other agency, including placement in a foster family home, group home or other child caring institution or facility. “Substitute care” does not include care in:

      (a) A detention facility, forestry camp or youth correction facility;

      (b) A family home that the court has approved as a ward’s permanent placement, when a private child caring agency has been appointed guardian of the ward and when the ward’s care is entirely privately financed; or

      (c) In-home placement subject to conditions or limitations.

      (29) “Surrogate” means a person appointed by the court to protect the right of the child, ward, youth or youth offender to receive procedural safeguards with respect to the provision of free appropriate public education.

      (30) “Tribal court” means a court with jurisdiction over child custody proceedings and that is either a Court of Indian Offenses, a court established and operated under the code of custom of an Indian tribe or any other administrative body of a tribe that is vested with authority over child custody proceedings.

      (31) “Victim” means any person determined by the district attorney or juvenile department to have suffered direct financial, psychological or physical harm as a result of an act that has brought the youth or youth offender before the juvenile court. When the victim is a minor, “victim” includes the legal guardian of the minor. The youth or youth offender may not be considered the victim. When the victim of the crime cannot be determined, the people of Oregon, as represented by the district attorney, are considered the victims.

      (32) “Violent felony” means any offense that, if committed by an adult, would constitute a felony and:

      (a) Involves actual or threatened serious physical injury to a victim; or

      (b) Is a sexual offense. As used in this paragraph, “sexual offense” has the meaning given the term “sex crime” in ORS 181.594.

      (33) “Ward” means a person within the jurisdiction of the juvenile court under ORS 419B.100.

      (34) “Young person” means a person who has been found responsible except for insanity under ORS 419C.411 and placed under the jurisdiction of the Psychiatric Security Review Board.

      (35) “Youth” means a person under 18 years of age who is alleged to have committed an act that is a violation, or, if done by an adult would constitute a violation, of a law or ordinance of the United States or a state, county or city.

      (36) “Youth care center” has the meaning given that term in ORS 420.855.

      (37) “Youth offender” 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. [1993 c.33 §2; 1993 c.546 §2; 1995 c.422 §65; 1997 c.130 §11; 1997 c.696 §2; 1997 c.873 §4; 1999 c.59 §116; 1999 c.109 §3; 1999 c.577 §11; 1999 c.859 §6; 1999 c.1095 §17; 2001 c.485 §3; 2001 c.900 §122; 2001 c.904 §12; 2001 c.910 §2; 2003 c.396 §1; 2003 c.576 §446; 2005 c.160 §1; 2005 c.517 §2; 2005 c.843 §1; 2007 c.609 §§7,8; 2007 c.806 §§1,2]

 

COUNTY JUVENILE DEPARTMENT

 

      419A.010 Appointment of counselors and director. (1)(a) 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 the county.

      (b) The governing bodies of two or more contiguous counties may, pursuant to an agreement between the counties concerned, and after consultation with the judges of the juvenile courts in those counties, jointly appoint one or more persons of good moral character as counselors of the juvenile departments of the counties, to serve at the pleasure of and at a salary designated by the governing bodies of the counties concerned.

      (c) When more than one person is appointed under this subsection, the appointing authority may designate one as director of the juvenile department or departments and the others to serve as juvenile counselors or staff members.

      (d) Additional qualifications for a person appointed director of a juvenile department of a county under this subsection may be established by the governing body of a county, subject to the approval of such qualifications by the judge of the juvenile court in that county.

      (e) When the chairperson of the governing body of the county is also the judge of the juvenile court under ORS 5.020, only the judge shall make the decisions described in this subsection.

      (2) The director shall be the administrator of the juvenile department or departments for the county or counties, including any juvenile detention facilities maintained by the county or by the counties jointly, and the supervisor of the staff of the juvenile department or departments and detention facilities, subject to the direction of the appointing authority. [1993 c.33 §4; 1993 c.546 §3]

 

      419A.012 Duties of director or counselor. The director of a juvenile department or one of the counselors shall:

      (1) Make or cause to be made an investigation of every child, ward, youth or youth offender brought before the court and report fully thereon to the court.

      (2) Be present in court to represent the interests of the child, ward, youth or youth offender when the case is heard.

      (3) Furnish such information and assistance as the court requires.

      (4) Take charge of any child, ward, youth or youth offender before and after the hearing as may be directed by the court. [1993 c.33 §5; 2003 c.396 §2]

 

      419A.014 Reports by juvenile department. The juvenile department of a county shall report annually to the Oregon Criminal Justice Commission the frequency with which runaway children held under ORS 419C.156, youths and youth offenders are held in preadjudicative detention and the duration of the detention. [1993 c.33 §6; 2001 c.904 §2; 2001 c.905 §3; 2003 c.396 §3]

 

      419A.015 Reports to school districts concerning youth offenders on probation. (1)(a) Once each month, a county juvenile department shall provide to each school district in the county a list of all youth offenders enrolled in a school in the school district 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 juvenile counselor assigned to each case.

      (b) When a youth offender who is on probation transfers from one school district to a different school district, the juvenile counselor assigned to the case shall notify the superintendent of the school district to which the youth offender has transferred of the youth offender’s probation status. The juvenile counselor shall make the notification no later than 72 hours after the juvenile counselor knows of the transfer.

      (2) Upon request by the school district, the juvenile department shall provide additional information, including the offense that brought the youth offender within the jurisdiction of the juvenile court and such other information that is subject to disclosure under ORS 419A.255 (5).

      (3) In addition to the general notification required by subsection (1) of this section, the juvenile department:

      (a) Shall notify the school district of the specific offense if the act bringing the youth offender within the jurisdiction of the juvenile court involved a firearm or delivery of a controlled substance.

      (b) May notify the school district of the specific offense if the act bringing the youth offender within the jurisdiction of the juvenile court involved a violation of ORS 163.355 to 163.445 or 163.465 or any other offense if the juvenile department believes the youth offender represents a risk to other students or school staff.

      (4) When a school district receives notice under this section, the school district may disclose the information only to those school employees the district determines need the information in order to safeguard the safety and security of the school, students and staff. A person to whom personally identifiable information is disclosed under this subsection may not disclose the information to another person except to carry out the provisions of this subsection.

      (5) Except as otherwise provided in ORS 192.490, a juvenile department, school district or anyone employed or acting on behalf of a juvenile department or school district who sends or receives records under this section is not liable civilly or criminally for failing to disclose the information under this section. [1997 c.765 §2; 1999 c.620 §9; 1999 c.963 §1a; 2005 c.517 §3]

 

Note: 419A.015 was added to and made a part of ORS chapter 419A by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      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 youth offender 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 youth offender committed to the custody and care by the juvenile court before the court for any further action the court considers advisable. [1993 c.33 §7; 2003 c.396 §4]

 

      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. [1993 c.33 §15]

 

      419A.020 County responsibility for expenses of juvenile department. (1) 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 youth offenders while committed to the charge of a director or counselor, and all salaries for the personnel of a juvenile department and of any detention facilities maintained in the county, are payable upon the order of the board of county commissioners or county court of the county from county funds budgeted and levied for that purpose in any manner provided by law.

      (2) When two or more counties have counselors appointed to serve the counties jointly, each county shall provide funds to pay its share of the costs and expenses of the employment of counselors and maintaining juvenile departments. The method of determining the portion of such costs and expenses each county is to bear must be provided in the agreement made between the counties under ORS 419A.010 (1)(b). [1993 c.33 §16; 2003 c.396 §5]

 

      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 youth offenders. The expense of the same shall be audited and paid in the same manner as other bills in such county are audited and paid. [1993 c.33 §17; 2003 c.396 §6]

 

      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, youth offenders and their families and, with the limited amount of funds available, to assist counties in financing certain juvenile court-related services on a continuing basis. The purpose of ORS 419A.045 to 419A.048 is to provide basic grants to juvenile departments to assist them in the administration of court services as defined in ORS 3.250. [Formerly 423.315; 2003 c.396 §7]

 

      419A.046 Definition for ORS 419A.046 to 419A.048. As used in ORS 419A.046 to 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 to 419A.048. [Formerly 423.330]

 

      419A.047 Financial aid to counties for court services. (1) The state shall provide financial assistance to the counties for the implementation of local coordinated comprehensive plans from funds appropriated for that purpose for court services, as defined in ORS 3.250.

      (2) The Oregon Youth Authority shall determine each county’s estimated percentage share of the amount to be appropriated for the purposes of this section. Such determination must be based upon each county’s respective share of residents under the age of 18.

      (3) The numbers of residents under the age of 18 for each county must be certified to the Oregon Youth Authority by January 1 of each odd-numbered year by the Portland State University Population Research Center. [Formerly 423.340; 2001 c.904 §3; 2001 c.905 §4; 2003 c.396 §8; 2007 c.71 §110]

 

      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. [Formerly 423.350; 2001 c.904 §4; 2001 c.905 §5]

 

DETENTION AND SHELTER FACILITIES

 

      419A.050 Authority to acquire, equip and maintain detention and shelter facilities. (1) Any county may acquire in any lawful manner, equip and maintain within the county suitable facilities for the shelter or detention of children, wards, youths and youth offenders confined pursuant to a judicial commitment or order pending final adjudication of the case by the juvenile court.

      (2) When two or more counties have entered into an agreement under ORS 419A.010, the counties jointly may acquire in any lawful manner, equip and maintain, at a suitable site or sites in the counties, facilities suitable for the shelter or detention of children, wards, youths and youth offenders confined pursuant to judicial commitment or order pending final adjudication of the case by the juvenile court.

      (3) Any county may designate, equip and maintain a short-term detention facility for children, youths and youth offenders in transit. The facility may house up to a total of five children, youths and youth offenders in transit for a period not to exceed four continuous days pending further placement. Short-term detention facilities:

      (a) May not be located with detention facilities established under subsection (1) or (2) of this section; and

      (b) Are subject to the standards and specifications found in ORS 169.740 and 419A.052. Upon written request of the county, the Department of Corrections may approve waivers and variances from the standards and specifications as long as the waivers or variances are consistent with the safety and welfare of detained children, youths and youth offenders. [1993 c.33 §8; 1993 c.546 §4; 1997 c.696 §1; 2003 c.396 §9]

 

      419A.052 Specifications of facilities. (1) 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:

      (a) Sanitary drinking water in living units and dayrooms;

      (b) Toilets and washbasins accessible to detainees in all housing and activity areas;

      (c) At least one shower for every 10 detainees;

      (d) A heating system and all equipment required to ensure healthful and comfortable living and working conditions, and that maintains a temperature no lower than 64 degrees;

      (e) Lighting at 20 footcandles density; and

      (f) Verbal or mechanical communications from sleeping rooms to staff.

      (2) New or major renovated facilities must conform to the requirements of subsection (1) of this section and must also provide:

      (a) That any single sleeping rooms located therein are at least 70 square feet and that any dormitories located therein are at least 50 square feet per detainee and house no more than five detainees each;

      (b) At least one toilet and washbasin for every five detainees;

      (c) Corridors of at least six feet in width;

      (d) Thirty square feet of dayroom space per detainee;

      (e) Heating units capable of maintaining 68 to 85 degrees temperature;

      (f) Tamper-proof lighting with capability of 20 footcandles;

      (g) Air circulation of 10 cubic feet of fresh air per minute, per detainee;

      (h) Sleeping rooms’ water valves accessible for staff control;

      (i) Rooms provided for classes, library, arts and crafts; and

      (j) Indoor and outdoor recreation and exercise areas. [1993 c.33 §9; 1999 c.59 §117; 2003 c.396 §10]

 

      419A.055 Examination of facilities; capacity limits. The county court or board of commissioners of a county may institute an examination of the county’s juvenile detention facility and establish its capacity in accordance with constitutional standards. If a county court or board of commissioners adopts a capacity limit and that limit is exceeded, the county, through the juvenile department director, shall immediately notify the judge of the juvenile court who shall authorize the release of a sufficient number of detainees to reduce the population of the detention facility to the established capacity. [1993 c.33 §10; 2003 c.396 §11]

 

      419A.057 Payment of maintenance expenses; admission of youth offenders. (1) 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 facilities are maintained as provided in ORS 419A.050 (2), each county shall pay its share of the costs and expenses of acquiring, equipping and maintaining the joint detention facilities, to be determined pursuant to an agreement between the counties. Counties may accept gifts or donations of property, including money, for the use of detention facilities to be expended and used as directed by the board of county commissioners.

      (2) When a county operates a combined facility to provide both care and rehabilitation services, under ORS 420.855 to 420.885, and detention facilities, the county may also receive state support for the care and rehabilitation services as permitted by ORS 420.880.

      (3) When a county operates a combined facility as described in subsection (2) of this section, only youth offenders may be admitted to the youth care center of the facility and only following court review of the admission. [1993 c.33 §11; 1993 c.546 §5; 2003 c.396 §12; 2005 c.159 §2]

 

      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 youth offenders are to be placed in detention or shelter care when taken into temporary custody. If the county is adjacent to another state, the court may designate a place or places in the adjoining state where children, wards, youths or youth offenders, pursuant to an agreement between such place or places and the juvenile department of the county, may be placed in detention or shelter care when taken into custody. A county juvenile department may not enter into an agreement with an out-of-state place for placement in detention as provided in this section, unless the place or places conform to standards of this state for such a place and unless the agreement includes a provision that the place be subject to inspection by officers of this state under ORS 419A.061. [1993 c.33 §12; 2003 c.396 §13]

 

      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. [1993 c.33 §13; 2003 c.396 §14]

 

      419A.063 Requirements for detention facilities. (1) The juvenile court may not place a youth offender in a detention facility under ORS 419C.453 unless the facility:

      (a) Houses youth offenders in a room or ward screened from the sight and sound of adults who may be detained in the facility; and

      (b) Is staffed by juvenile department employees.

      (2) In no case may the court order, pursuant to ORS 419C.453, that a youth offender under 14 years of age be placed in any detention facility in which adults are detained or imprisoned.

      (3) As used in this section, “adult” does not include a person who is 18 years of age or older and is alleged to be, or has been found to be, within the jurisdiction of the juvenile court under ORS 419C.005. [1993 c.33 §14; 2003 c.396 §15; 2003 c.442 §6]

 

LOCAL CITIZEN REVIEW BOARDS

 

      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. [1993 c.33 §18]

 

      419A.092 Membership; training. (1) 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 court to which the member is to be appointed to serve. The Chief Justice shall appoint local citizen review boards according to the following guidelines:

      (a) Members of each local citizen review board shall be recruited from groups with special knowledge or interest in foster care, child welfare and juvenile corrections, which may include but are not limited to adoptive parents and members of the professions of law, medicine, psychology, social work, law enforcement, corrections and education;

      (b) As far as practicable, members of each local citizen review board shall represent the various socioeconomic and ethnic groups of the area served;

      (c) A person providing child protective services employed by the Department of Human Services, by any private agency regulated, certified, directed or licensed by or contracting with the department or by any juvenile court may not serve on any local citizen review board reviewing cases under ORS 419A.106;

      (d) A person employed by the Oregon Youth Authority, by any private agency regulated, certified, directed or licensed by or contracting with the Oregon Youth Authority or by any juvenile court may not serve on any local citizen review board reviewing cases under ORS 419A.107;

      (e) The appointment of any individual member of a local citizen review board may be made only from a list approved by the presiding judge of the court to which the individual member is to be appointed to serve; and

      (f) Members of local citizen review boards must be domiciled or employed within the counties of the court that they are appointed to serve.

      (2) Prior to reviewing cases, all persons appointed to serve as local citizen review board members must participate in a 16-hour orientation training program established and approved by the Supreme Court of the State of Oregon. In addition, each local citizen review board member must receive eight hours of training annually. [1993 c.33 §19; 1993 c.412 §1; 2001 c.241 §1; 2003 c.442 §8]

 

      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. [1993 c.33 §20]

 

      419A.096 Duties of Judicial Department in administering boards. (1) Subject to the availability of funds, the Judicial Department, in accordance with the direction of the Supreme Court of the State of Oregon, shall:

      (a) Establish and approve policies and procedures for the operation of local citizen review boards;

      (b) Approve and cause to have conducted training programs for local citizen review board members;

      (c) Provide consultation services on request to local citizen review boards;

      (d) Establish reporting procedures to be followed by the local citizen review boards to provide data for the evaluation of ORS 419A.090 to 419A.128, 419B.470, 419B.473, 419B.476, 419B.500 and 419B.502; and

      (e) Employ staff and provide for support services for the local citizen review boards.

      (2) The Supreme Court shall establish requirements and procedures necessary for compliance with subsection (1) of this section and shall direct the State Court Administrator to carry out duties prescribed by the Supreme Court relating to the administration of the local citizen review board program established under this section and ORS 419A.090, 419A.092, 419A.094 and 419A.098. [1993 c.33 §21]

 

      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:

      (1) Removal of members of local citizen review boards;

      (2) The time, content and manner in which case plans and case progress reports shall be provided by the Department of Human Services or other agency or individual directly responsible for the care of the child or ward to the local citizen review board. These rules may require that such information be provided in shorter time periods than those contained in ORS 419B.443, and that information in addition to that specified by ORS 419B.443 be provided;

      (3) Procedures for providing written notice of the review to the department, any other agency directly responsible for the care or placement of the child or ward, the parents or their attorneys, foster parents, surrogate parents, mature children and wards or their attorneys, the appointed attorney or court appointed special advocate of any child or ward, any district attorney or attorney general actively involved in the case and other interested persons. The notice shall include advice that persons receiving a notice may participate in the hearing and be accompanied by a representative;

      (4) Procedures for securing or excusing the presence at the review of caseworkers and other employees of the department or other agencies directly responsible for the care of the child or ward;

      (5) Procedures by which boards can remove cases from review when such review is not required under federal law;

      (6) Grounds for removal of members;

      (7) Terms of board members; and

      (8) Organization of individual boards. [1993 c.33 §23; 1993 c.546 §6; 2001 c.962 §95; 2003 c.396 §§16,17]

 

      419A.100 Confidentiality of information; penalty. (1) 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.

      (2) The members and staff of a local citizen review board are not subject to subpoena to appear in court to testify regarding information reviewed by the board or actions taken or recommendations made by the board in individual cases.

      (3) A member of a local citizen review board who violates the duty imposed by subsection (1) of this section commits a Class A violation. [1993 c.33 §27; 1993 c.412 §3; 1999 c.1051 §179]

 

      419A.102 Access to confidential information by boards; procedure. (1) 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:

      (a) Any records of the court which are pertinent to the case; and

      (b) Any records of the Department of Human Services that would be admissible in a permanency hearing conducted under ORS 419B.470, 419B.473 and 419B.476, including school records and reports of private service providers contained in the records of the department or other agency.

      (2) All requested records not already before the local citizen review board shall be submitted by the department within five working days after receipt of the request. The following provisions apply:

      (a) Copies may be sent in lieu of originals.

      (b) Except as otherwise provided in this paragraph, the local citizen review boards and the staff provided for the boards must return all records and copies received from the department to the department within seven working days after completion of the review. The staff of a local citizen review board may retain a reference copy of case materials used by the local citizen review board to make its recommendation if the following apply:

      (A) The material is necessary for the ongoing work of the board with regard to the particular case or to work of the board; and

      (B) The confidentiality of the material is continued and protected in the same manner as other materials received from the department. Materials thus retained by the local boards are exempt from disclosure under the public records law.

      (3) If a local citizen review board is denied access to requested records, it may request a court hearing. The court may require the organization in possession of the records to show cause why the records should not be made available as provided by this section. [1993 c.33 §28; 1993 c.546 §91; 1999 c.859 §17]

 

      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. [1993 c.412 §5 (enacted in lieu of 1993 c.33 §29); 2003 c.396 §18]

 

      419A.106 Review of cases generally. (1) 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:

      (a) The review shall take place at times set by the board, the first review to be no more than six months after the child or ward is placed in substitute care and subsequent reviews to take place no less frequently than once every six months thereafter until the child or ward is no longer within the jurisdiction of the court, no longer in substitute care or until an adoption proceeding becomes final.

      (b) The court, by rule of the court or on an individual case basis, may relieve the local citizen review board of its responsibility to review a case if a complete judicial review has taken place within 60 days prior to the next scheduled board review. A complete judicial review is a hearing that results in a written order that contains the findings required under ORS 419B.476 or includes substantially the same findings as are required under ORS 419A.116.