2007 Oregon Chapter 419a :: Chapter 419A - Juvenile Code: General Provisions and Definitions
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 wards 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 childs 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 childrens
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 wards permanent placement, when a private child caring agency
has been appointed guardian of the ward and when the wards 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
(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
(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
offenders 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]
(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 countys estimated percentage share of the amount to be
appropriated for the purposes of this section. Such determination must be based
upon each countys 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
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
(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 countys 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
(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
(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.
(c) The court shall notify the local
citizen review board of a denial of a petition to terminate parental rights
within 10 days of the denial. As soon as practical but no later than 45 days
after the denial, the board shall review any case where a petition to terminate
parental rights has been denied.
(2) The local citizen review board may
hold joint or separate reviews for groups of siblings.
(3) At any review conducted under this
section or at a court hearing conducted in lieu of that review, the court or
local citizen review board shall inquire of those present as to the parents
current address and telephone numbers and, if the parent has a contact person,
the name, current address and telephone number of the contact person. When
appropriate, the court may enter a protective order limiting disclosure of
information obtained under this subsection. [1993 c.33 §30; 1993 c.412 §6; 2001
c.686 §§19,19a; 2003 c.396 §19]
419A.107
Review of cases of youth offenders. (1) Subject to the availability of funds, a local citizen review board
shall review cases of youth offenders in the custody of the Oregon Youth
Authority and placed in substitute care. The local citizen review board shall
focus on public safety, youth offender accountability and reformation in
conducting the reviews.
(2) The Judicial Department and the Oregon
Youth Authority shall enter into an intergovernmental agreement regarding the
reviews conducted under subsection (1) of this section. The intergovernmental
agreement must outline the:
(a) Timing of the reviews;
(b) Participants to be invited to the
reviews; and
(c) Process to be followed in conducting
the reviews.
(3) The local citizen review board shall
forward findings and recommendations generated at a review under subsection (1)
of this section to the court and any other parties designated in the agreement
under subsection (2) of this section. The court shall cause the findings and
recommendations to become part of the juvenile court file for consideration by
the juvenile court judge. [1999 c.187 §1; 2001 c.241 §2]
Note: 419A.107 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.108
Procedure for conflicts of interest. Whenever a member of a local citizen review board has a potential
conflict of interest in a case being reviewed, the member shall declare to the
local citizen review board the nature of the potential conflict prior to
participating in the case review. The following apply as described:
(1) The declaration of the member shall be
recorded in the official records of the board.
(2) If, in the judgment of the majority of
the local board, the potential conflict of interest may prevent the member from
fairly and objectively reviewing the case, the local board may remove the
member from participation in the review. [1993 c.33 §32]
419A.109
Review of cases of wards for whom guardian has been appointed; rules. (1) Subject to the availability of funds and
upon request of a court under ORS 419B.367, a local citizen review board shall
review the case of a ward for whom a guardian has been appointed under ORS
419B.365 or 419B.366. In the request for review, the court shall notify the
local citizen review board of the names and addresses of the parties.
(2) The review shall take place within 45
days, or as soon as is practicable given the schedule of the local citizen
review board, after the local citizen review board receives the request for
review by the court.
(3) The local citizen review board shall
send notice of the review to all parties.
(4) The Chief Justice of the Supreme Court,
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:
(a) The time, content and manner in which
the guardian must provide reports to the local citizen review board; and
(b) The process to be followed in
conducting the reviews.
(5) The local citizen review board shall
forward findings and recommendations generated at a review under subsection (1)
of this section to the court and all parties. The court shall cause the
findings and recommendations to become part of the juvenile court file for
consideration by the juvenile court judge. The court shall give the local
citizen review board written notice if the court modifies, alters or takes
action on a case as a result of the recommendations of the local citizen review
board. [2003 c.229 §8; 2005 c.84 §2; 2007 c.333 §6]
Note: 419A.109 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.110
Immunity of participants in case review. Anyone participating in a case review by a local citizen review board
shall have:
(1) Immunity from any liability, civil or
criminal, for defamation for statements made in good faith by the participant,
orally or in writing, in the course of such case review.
(2) The same immunity with respect to
participating in any judicial proceeding resulting from the review or recommendation
of a local board to the juvenile court. [1993 c.33 §35]
419A.112
Disclosure of information to participants in case review; confidentiality. (1) The local citizen review board may
disclose records disclosed to the local board under ORS 419A.102 to:
(a) Parents and their attorneys;
(b) Foster parents;
(c) Mature children;
(d) Mature wards;
(e) The attorneys for children and wards;
and
(f) Other persons authorized by the local
board to participate in the case review.
(2) Before participating in a local
citizen review board case review, each participant, other than parents,
children and wards, shall swear or affirm to the board that the participant
shall keep confidential the information disclosed by the board in the case
review and to disclose it only as authorized by law. [1993 c.33 §34; 1997 c.328
§2; 1999 c.92 §5; 2003 c.396 §20; 2005 c.159 §3]
419A.114
When presence of agency personnel at board hearings required. (1) Unless excused from doing so by the
local citizen review board, the Department of Human Services and any other
agency directly responsible for the care and placement of the child or ward
shall require the presence of any employees having knowledge of the case at
local board meetings.
(2) The local citizen review board may require
the presence of specific employees of the department or agency at local board
meetings. If an employee fails to be present at such a meeting, the local
review board may request a court hearing. The court may require the employee to
be present and show cause why the employee should not be compelled to appear
before the local citizen review board.
(3) As used in this section, presence
includes telephone participation except that the caseworker on the case at the
time of the meeting must be physically present if required. [1993 c.33 §37;
2003 c.396 §21]
419A.116
Findings and recommendations; judicial review. (1) After reviewing each case, the local
citizen review board shall make written findings and recommendations with
respect to:
(a) Whether reasonable efforts were made
prior to the placement, to prevent or eliminate the need for removal of the
child or ward from the home;
(b) If the case plan at the time of the
review is to reunify the family, whether the Department of Human Services has
made reasonable efforts or, if the Indian Child Welfare Act applies, active
efforts to make it possible for the child or ward to safely return home and
whether the parent has made sufficient progress to make it possible for the
child or ward to safely return home;
(c) If the case plan at the time of the
review is something other than to reunify the family, whether the department
has made reasonable efforts to place the child or ward in a timely manner in
accordance with the case plan, including, if appropriate, placement of the
child or ward through an interstate placement, and to complete the steps
necessary to finalize the permanent placement of the child or ward;
(d) The continuing need for and
appropriateness of the placement;
(e) Compliance with the case plan;
(f) The progress which has been made
toward alleviating the need for placement;
(g) A likely date by which the child or
ward may be returned home or placed for adoption;
(h) Other problems, solutions or
alternatives the board determines should be explored; and
(i) Whether the court should appoint an
attorney or other person as special advocate to represent or appear on behalf
of the child or ward under ORS 419B.195.
(2) The local citizen review board may, if
the case plan has changed during the period since the last review by a local
citizen review board or court hearing, make written findings and
recommendations with respect to:
(a) Whether the Department of Human
Services has made reasonable efforts or, if the Indian Child Welfare Act
applies, active efforts to make it possible for the child or ward to safely
return home and whether the parent has made sufficient progress to make it
possible for the child or ward to safely return home, if a plan to reunify the
family was in effect for any part of the period since the last review or
hearing; or
(b) Whether the department has made
reasonable efforts to place the child or ward in a timely manner in accordance
with the case plan, including, if appropriate, placement of the child or ward
through an interstate placement, and to complete the steps necessary to
finalize the permanent placement of the child or ward, if a case plan other
than to reunify the family was in effect for any part of the period since the
last review or hearing.
(3) In determining whether the Department
of Human Services has made reasonable efforts or, if the Indian Child Welfare
Act applies, active efforts to make it possible for the child or ward to safely
return home, the local citizen review board shall consider the child or wards
health and safety the paramount concerns.
(4) No later than 10 days after receiving
the findings and recommendations of the local citizen review board, a party
adversely affected by the findings and recommendations may request judicial
review. [1993 c.33 §31; 2001 c.686 §20; 2003 c.396 §22; 2007 c.611 §3]
419A.118
Records; disclosure of findings and recommendations. The local citizen review board shall keep
accurate records and retain these records on file. The local citizen review
board shall send copies of its written findings and recommendations to the
following:
(1) The court;
(2) The Department of Human Services; and
(3) Other participants in the review. [1993
c.33 §33]
419A.120
Court use of findings and recommendations. Upon receipt of findings and recommendations from the local citizen
review board, the court shall:
(1) Review the findings and
recommendations of the local citizen review board within 10 days after the
findings and recommendations are received by the court. If the court finds it
appropriate, the court may on its own motion schedule a review hearing.
(2) Cause the findings and recommendations
of the local citizen review board to become part of the juvenile court file.
(3) Give the local citizen review board
written notice if the court modifies, alters or takes action on a case as a
result of the boards recommendations. [1993 c.33 §38]
419A.122
Use of findings and recommendations by Department of Human Services. Upon receipt of findings and recommendations
from the local citizen review board, the Department of Human Services shall:
(1) Review the findings and
recommendations of the local citizen review board within 10 days after the
findings and recommendations are received by the department. The
recommendations shall be implemented and the case plan modified as the
department deems appropriate and resources permit.
(2) Give the local citizen review board
written notice of such intent within 17 days of receipt of the report if the
department does not intend to implement the recommendations.
(3) Cause the findings and recommendations
of the local citizen review board to become part of the case file of the
department. [1993 c.33 §39; 1993 c.412 §7]
419A.124
Policy and procedure recommendations. In addition to reviewing individual cases of children and wards in
substitute care, local citizen review boards may make recommendations to the
court and the Department of Human Services concerning substitute care services,
policies, procedures and laws. [1993 c.33 §36; 2003 c.396 §23]
419A.128
State Citizen Review Board Operating Account. (1) There is created a State Citizen Review Board Operating Account in
the General Fund which is continuously appropriated to the State Court
Administrator to pay the expenses incurred under ORS 419A.090 to 419A.128,
419B.470, 419B.473 and 419B.476. Such expenses shall be paid only from funds
specifically appropriated for the purposes of ORS 419A.090 to 419A.128,
419B.470, 419B.473 and 419B.476 and no other moneys appropriated to the State
Court Administrator shall be used for these purposes.
(2) The State Court Administrator may
accept funds and assistance from public and private sources for carrying out
the purposes of ORS 419A.090 to 419A.128, 419B.470, 419B.473 and 419B.476 and
may agree to conditions on the funds and assistance that are not inconsistent
with ORS 419A.090 to 419A.128, 419B.470, 419B.473 and 419B.476. Such funds
shall be credited to the State Citizen Review Board Operating Account. [1993
c.33 §42; 2003 c.442 §9]
JUVENILE
COURT REFEREES
419A.150
Appointment; qualifications; hearings; orders; rehearings. (1) The judge of the juvenile court may
appoint one or more persons as referee of the juvenile court. A referee shall
be appointed in every county in which there is no resident juvenile court
judge. A person appointed referee must be qualified by training and experience
in the handling of juvenile matters, must have such further qualifications as
may be prescribed by law and holds office as referee at the pleasure of the
judge. The state shall pay the compensation of a referee appointed by the judge
of a circuit court from funds available for the purpose. The county shall pay
the compensation of a referee appointed by the judge of a county court.
(2) The judge may direct that any case, or
all cases of a class designated by the judge, be processed or heard in the
first instance by a referee in the manner provided for the hearing of cases by
the court. Upon conclusion of the hearing in each case, the referee shall
transmit to the judge the findings, recommendations or order in writing of the
referee.
(3) When the referee conducts a hearing,
the persons entitled to request rehearing as provided in subsection (7) of this
section must be notified of the referees findings, recommendations or order,
together with a notice to the effect that a rehearing may be had before a judge
if requested within 10 days. A rehearing before a judge of the juvenile court
may be determined on the same evidence introduced before the referee if a
stenographic transcript of the proceedings was kept, but, in any case,
additional evidence may be presented.
(4) All orders of a referee become
immediately effective, subject to the right of review provided in this section,
and continue in full force and effect, unless stayed by order of the referee or
by a juvenile court judge, until vacated or modified upon rehearing by order of
a judge of the juvenile court. Any order entered by a referee becomes a final
order of the juvenile court upon expiration of 10 days following its entry,
unless a rehearing is ordered or requested.
(5) The judge of the juvenile court or, in
counties having more than one judge of the juvenile court, the presiding judge
of the juvenile court may establish requirements that any or all orders of
referees must be expressly approved by a judge of the juvenile court before
becoming effective.
(6) A judge of the juvenile court may, on
the judges own motion, order a rehearing of any matter heard before a referee.
(7) At any time prior to the expiration of
10 days after the entry of the order and findings of a referee into the court
register, a child, ward, youth, youth offender, the parent, guardian, district
attorney, Department of Human Services, juvenile department or other party
affected by the order may request rehearing. The request for rehearing must be
served upon all parties by the party requesting the rehearing.
(8) All rehearings of matters heard before
a referee shall be heard expeditiously by a judge of the juvenile court within
30 days after the filing of the request, unless the court orders a continuance.
In no event may the rehearing occur later than 45 days after the date of the
filing of the request. The rehearing is conducted de novo.
(9) Notwithstanding subsection (7) of this
section, when a referee finds that a youth is not within the jurisdiction of
the court in a proceeding brought under ORS 419C.005, the district attorney may
not request a rehearing. [1993 c.33 §43; 1993 c.546 §7; 2003 c.396 §24]
COURT
APPOINTED SPECIAL ADVOCATES
419A.170
Appointment; duties; immunity; access to information; CASA Fund; rules. (1) In every case under ORS chapter 419B,
the court shall appoint a court appointed special advocate. The court appointed
special advocate is deemed a party in these proceedings, and in the furtherance
thereof, may be represented by counsel, file pleadings and request hearings and
may subpoena, examine and cross-examine witnesses. If the court appointed
special advocate is represented by counsel, counsel shall be paid from funds
available to the Court Appointed Special Advocate Volunteer Program. No funds
from the Public Defense Services Account or Judicial Department operating funds
may be used for this purpose.
(2) Subject to the direction of the court,
the duties of the court appointed special advocate are to:
(a) Investigate all relevant information
about the case;
(b) Advocate for the child or ward,
ensuring that all relevant facts are brought before the court;
(c) Facilitate and negotiate to ensure
that the court, Department of Human Services, if applicable, and the child or
wards attorney, if any, fulfill their obligations to the child or ward in a
timely fashion; and
(d) Monitor all court orders to ensure
compliance and to bring to the courts attention any change in circumstances
that may require a modification of the courts order.
(3) If a juvenile court does not have
available to it a CASA Volunteer Program, or a sufficient number of qualified
CASA volunteers, the court may, in fulfillment of the requirements of this
section, appoint a juvenile department employee or other suitable person to
represent the child or wards interest in court pursuant to ORS 419A.012 or
419B.195.
(4) Any person appointed as a court
appointed special advocate in any judicial proceeding on behalf of the child or
ward is immune from any liability for defamation or statements made in good
faith by that person, orally or in writing, in the course of the case review or
judicial proceeding.
(5) Any person appointed as a court appointed
special advocate, CASA Volunteer Program director, CASA Volunteer Program
employee or member of the board of directors or trustees of any CASA Volunteer
Program is immune from any liability for acts or omissions or errors in
judgment made in good faith in the course or scope of that persons duties or
employment as part of a CASA Volunteer Program.
(6) Whenever the court appoints a court
appointed special advocate or other person under subsections (1) to (3) of this
section to represent the child or ward, it may require a parent, if able, or
guardian of the estate, if the estate is able, to pay, in whole or in part, the
reasonable costs of CASA services including reasonable attorney fees. The courts
order of payment is enforceable in the same manner as an order of support under
ORS 419B.408.
(7) Upon presentation of the order of
appointment by the court appointed special advocate, any agency, hospital,
school organization, division, office or department of the state, doctor, nurse
or other health care provider, psychologist, psychiatrist, police department or
mental health clinic shall permit the court appointed special advocate to
inspect and copy any records relating to the child or ward involved in the
case, without the consent of the child, ward or parents.
(8) All records and information acquired
or reviewed by a court appointed special advocate during the course of official
duties are deemed confidential under ORS 419A.255.
(9) For the purposes of a Child Abuse
Prevention and Treatment Act (42 U.S.C. 5101 et seq.) grant to this state under
Public Law No. 93-247, or any related state or federal legislation, a court
appointed special advocate or other person appointed pursuant to subsections
(1) to (3) of this section is deemed a guardian ad litem to represent the
interests of the child or ward in proceedings before the court. Any provisions
of this section and ORS 419B.035 and 419B.045 that cause this state to lose
federal funding are null and void.
(10) There is created a Court Appointed
Special Advocate (CASA) Fund in the General Fund. The fund consists of all
moneys credited to it. Moneys in the Court Appointed Special Advocate Fund are
continuously appropriated to the State Commission on Children and Families and
may be used only to carry out the purposes of this section. The commission may
apply for and receive funds from federal and private sources for carrying out
the provisions of this section.
(11) The state commission may expend
moneys from the Court Appointed Special Advocate Fund directly or indirectly
through contracts or grants for the creation, supervision and operation of CASA
Volunteer Programs statewide in accordance with the provisions of ORS 419A.045
to 419A.048. The commission may also expend moneys from the Court Appointed Special
Advocate Fund to pay the reasonable costs of its administration of the Court
Appointed Special Advocate Fund. The commission shall adopt rules for carrying
out its responsibilities under this section and ORS 419B.035 and 419B.045. [1993
c.33 §44; 1993 c.546 §92; 1993 c.676 §41; 1997 c.130 §12; 2001 c.962 §91; 2003
c.396 §§25,26; 2005 c.755 §35]
CONTEMPT
419A.180
Power of court to enforce orders by contempt order. In case of failure to comply with any order
of the juvenile court, the court may proceed for contempt of court against the
person failing to comply. [1993 c.33 §45]
FORMER
JEOPARDY
419A.190
Effect of adjudicatory hearing or admission. Except as provided in ORS 153.108 (1), proceedings in adult criminal
court and other juvenile court adjudicatory proceedings based on an act alleged
in a petition or citation to have been committed by a child, ward, youth or
youth offender or allegations arising out of the same conduct are barred when
the juvenile court judge or referee has begun taking evidence in an
adjudicatory hearing or has accepted a child, ward, youth or youth offenders
admission or answer of no contest to the allegations of the petition or
citation. This section does not prevent appeal of any preadjudicatory order of
the court that could be appealed in a criminal case, including, but not limited
to, an order suppressing evidence. [1993 c.33 §46; 1999 c.1051 §134; 2003 c.396
§27]
APPEALS
419A.200
Who may appeal; time limitations; procedure; scope of review; effect of filing
appeal. (1) Except as
provided in ORS 419A.190, any person or entity, including, but not limited to,
a party to a juvenile court proceeding under ORS 419B.875 (1) or 419C.285 (1),
whose rights or duties are adversely affected by a judgment of the juvenile
court may appeal therefrom. An appeal from a circuit court must be taken to the
Court of Appeals, and an appeal from a county court must be taken to the
circuit court.
(2) If the proceeding is in the circuit
court and no record of the proceedings was kept, the court, on motion made not
later than 15 days after the entry of the courts judgment, shall grant a
rehearing and shall direct that a record of the proceedings be kept. However,
the court may not grant a rehearing in a case barred by ORS 419A.190 without
the consent of the child, ward, youth or youth offender affected by such case.
If a rehearing is held, the time for taking an appeal runs from the date of
entry of the courts judgment after the rehearing.
(3)(a) The appeal may be taken by causing
a notice of appeal, in the form prescribed by ORS 19.250, to be served:
(A) On all parties who have appeared in
the proceeding;
(B) On the trial court administrator or
other person serving as clerk of the juvenile court; and
(C) On the juvenile court transcript coordinator,
if a transcript is designated in connection with the appeal.
(b) The original of the notice with proof
of service must be filed with:
(A) The Court of Appeals if the appeal is
from a circuit court; or
(B) The circuit court if the appeal is from
a county court.
(c) The notice must be filed not later
than 30 days after the entry of the courts judgment. On appeal from the county
court, the circuit court shall hear the matter de novo and its judgment is
appealable to the Court of Appeals in the same manner as if the proceeding had
been commenced in the circuit court.
(4) The counsel in the proceeding from
which the appeal is being taken shall file and serve those documents necessary
to commence an appeal if the counsel is requested to do so by the party the
counsel represents. If the party requesting an appeal is represented by
court-appointed counsel, court-appointed counsel may discharge the duty to
commence an appeal under this subsection by complying with policies and
procedures established by the office of public defense services for appeals of
juvenile court judgments.
(5)(a) Upon motion of a person, other than
the state, entitled to appeal under subsection (1) of this section, the
appellate court shall grant the person leave to file a notice of appeal after
the time limits described in subsection (3) of this section if:
(A) The person shows a colorable claim of
error in the proceeding from which the appeal is taken; and
(B) The person shows that the failure to
file a timely notice of appeal is not personally attributable to the person.
(b) A person other than the state is not
entitled to relief under this subsection for failure to file timely notice of
cross-appeal when the state appeals pursuant to ORS 419A.208.
(c) The request for leave to file a notice
of appeal after the time limits prescribed in subsection (3) of this section
must be filed no later than 90 days after entry of the judgment being appealed
and must be accompanied by the notice of appeal sought to be filed. A request
for leave under this subsection may be filed by mail and is deemed filed on the
date of mailing if the request is mailed as provided in ORS 19.260.
(d) The court may not grant relief under
this subsection unless the state has notice and opportunity to respond to the
persons request for relief.
(6) An appeal to the Court of Appeals must
be conducted in the same manner as an appeal under ORS chapter 19 except that:
(a) The court shall advance the appeal on
the courts docket in the same manner as appeals in criminal cases; and
(b) The courts scope of review is de novo
on the record.
(7)(a) Except as provided in ORS 419A.208
(2), or when otherwise ordered by the appellate court, the filing of an appeal
does not suspend an order or judgment of the juvenile court nor discharge the
ward or youth offender from the custody of the person, institution or agency in
whose custody the ward or youth offender may have been placed nor preclude the
juvenile court after notice and hearing from entering such further orders relating
to the ward or youth offenders custody pending final disposition of the appeal
as it finds necessary by reason only of matters transpiring subsequent to the
order or judgment appealed from. The trial court administrator shall
immediately file certified copies of any such order or judgment with the Court
of Appeals.
(b) Notwithstanding the filing of an
appeal from a jurisdictional or dispositional judgment or an order entered
pursuant to ORS 419B.449 or 419B.476, the juvenile court may proceed with the
adjudication of a petition seeking termination of the parental rights of a
parent of the ward who is subject to the judgment from which the appeal is
taken.
(c) The appeal of any judgment entered in
a termination of parental rights proceeding under paragraph (b) of this
subsection must be consolidated, if appropriate, with any pending appeal of an
order or judgment entered under ORS 419B.325, 419B.449 or 419B.476. The
consolidated appeal must be conducted and advanced on the courts docket in the
same manner as termination of parental rights cases.
(8) On appeal of a judgment or final
order, the appellate court may review any interlocutory order that:
(a) Involves the merits or necessarily
affects the judgment or final order appealed from; and
(b) Was made after entry of the last
appealable judgment or final order preceding entry of the judgment or final
order being appealed.
(9) The district attorney or Attorney
General shall represent the state in the appeal. [1993 c.33 §47; 1995 c.79 §214;
1995 c.422 §66; 1997 c.389 §10; 1997 c.761 §5; 1999 c.263 §1; 1999 c.859 §15a;
2001 c.480 §§3,3a; 2001 c.910 §3; 2003 c.396 §28; 2007 c.58 §1]
419A.205
Judgments described; jurisdiction of juvenile court during pendency of appeal;
disposition. (1) For the
purpose of being appealed, the following are judgments:
(a) A judgment finding a child or youth to
be within the jurisdiction of the court;
(b) A judgment disposing of a petition
including, but not limited to, a disposition under ORS 419B.325 or 419C.411;
(c) Any final disposition of a petition;
and
(d) A final order adversely affecting the
rights or duties of a party and made in a proceeding after judgment including,
but not limited to, a final order under ORS 419B.449 or 419B.476.
(2) An appeal from a judgment finding a
child or youth to be within the jurisdiction of the court does not deprive the
juvenile court of jurisdiction to proceed with a disposition of the matter.
(3) If an appeal is taken from a judgment
finding a child or youth to be within the jurisdiction of the court before the
juvenile court enters a judgment disposing of the matter under ORS 419B.325 or
419C.411, any necessary modification of the appeal must be made according to
the rules of the appellate court.
(4) When an appeal is taken from a
judgment finding a child or youth to be within the jurisdiction of the court,
if the appellate court:
(a) Reverses the judgment, the judgment
disposing of the matter is reversed; or
(b) Modifies the judgment, a party may
move for relief as otherwise provided by law. [2001 c.480 §2; 2003 c.348 §1;
2003 c.396 §29]
419A.208
Orders subject to appeal by state; effect of appeal of preadjudicatory order. (1) In addition to the states right to
appeal under ORS 419A.200, the state may appeal from any of the following
orders of a judge or referee:
(a) An order made prior to an adjudicatory
hearing dismissing or setting aside a delinquency petition;
(b) An order that sets aside a petition
for delinquency if the order is made after an adjudicatory hearing in which the
youth is found to be within the jurisdiction of the court;
(c) An order made prior to an adjudicatory
hearing suppressing or limiting evidence or refusing to suppress or limit
evidence; or
(d) An order made prior to an adjudicatory
hearing for the return or restoration of things seized.
(2) If the state pursuant to subsection
(1) of this section appeals a preadjudicatory order, and the youth is in
detention in the same proceeding pursuant to ORS 419C.109, 419C.136, 419C.139,
419C.170 and 419C.173, the juvenile court shall consider release of the youth
from detention during the pendency of the appeal in accordance with the
following provisions:
(a) When the youth is charged with an act
that would be murder if committed by an adult, release shall be denied when the
proof is evident or the presumption strong that the youth committed the act.
(b) The youth shall be released upon the
youths personal recognizance unless release criteria show to the satisfaction
of the juvenile court that the youth would not be likely to appear before the
court as ordered upon later appearance dates and that such a release is
therefore unwarranted. Release criteria include the following:
(A) The youths education and employment
status and history and financial condition;
(B) The nature and extent of the youths
family relationships;
(C) The youths past and present
residences;
(D) The names of persons who agree to
assist the youth in attending court at the proper time;
(E) The nature of the current petition;
(F) The youths juvenile record, if any,
and, if the youth has previously been released pending trial, whether the youth
appeared as required;
(G) Any facts indicating the possibility
of violations of law if the youth is released without restrictions;
(H) Any facts tending to indicate that the
youth has strong ties to the community; and
(I) Any other facts tending to indicate
the likelihood that the youth will appear before the court as ordered upon
later appearance dates.
(c) If the court finds that release of the
youth on the youths personal recognizance is unwarranted, it shall order
conditional release. The court may impose upon the released youth one or more
of the following conditions, but shall impose the least onerous condition
reasonably likely to ensure the youths later appearance:
(A) Release of the youth into the care of
a parent or other responsible person or organization for supervising the youth
and assisting the youth in appearing in court. The supervisor shall immediately
notify the court in the event that the youth breaches the terms of the
conditional release.
(B) Reasonable restrictions on the
activities, movements, associations and residences of the youth.
(C) Any other reasonable restriction
designed to ensure the youths appearance. [2001 c.480 §5; 2003 c.396 §30]
419A.211
Appointment of counsel. (1)
If the child, ward, youth, youth offender, parent or guardian is determined to
be entitled to, and financially eligible for, appointment of counsel at state
expense in an appeal as provided in ORS 419A.200 and 419A.208, the court, upon
request of the person or upon its own motion, shall appoint suitable counsel to
represent the person. Counsel appointed by the court shall be paid compensation
determined by the public defense services executive director as provided in ORS
135.055 if the circuit court is the appellate court or as provided in ORS
138.500 if the Court of Appeals or the Supreme Court is the appellate court.
The court may not substitute one appointed counsel for another except pursuant
to the policies, procedures, standards and guidelines of the Public Defense
Services Commission.
(2)(a) When the court appoints counsel to
represent the child, ward, youth or youth offender, it may order the parent, if
able, or guardian of the estate, if the estate is able, to pay to the Public
Defense Services Account in the General Fund, through the clerk of the court,
in full or in part the administrative costs of determining the ability of the
parents or estate to pay for legal services and the costs of the legal and
other services that are related to the provision of appointed counsel.
(b) The test of the parents or estates
ability to pay costs under paragraph (a) of this subsection is the same test as
applied to appointment of counsel for defendants under ORS 151.216. If counsel
is provided at state expense, the court shall apply this test in accordance
with the guidelines adopted by the Public Defense Services Commission under ORS
151.485.
(c) If counsel is provided at state
expense, the court shall determine the amount the parents or estate is required
to pay for the costs of administrative, legal and other services related to the
provision of appointed counsel in the same manner as this amount is determined
under ORS 151.487.
(d) The courts order of payment is
enforceable in the same manner as an order of support under ORS 419B.408 and
419C.600.
(3) When the court appoints counsel and
the child, ward, youth, youth offender, parent or guardian has been determined
to be entitled to, and financially eligible for, appointed counsel at state
expense, the compensation for counsel and costs and expenses necessary to the
appeal shall be determined and paid as provided in ORS 135.055 if the circuit
court is the appellate court or as provided in ORS 138.500 if the Court of
Appeals or the Supreme Court is the appellate court. [2001 c.480 §6; 2001 c.962
§56; 2003 c.396 §§31,32; 2003 c.449 §50]
FINGERPRINTING
AND PHOTOGRAPHING
419A.250
Authority; segregation of records; access; when records may be kept with those
of adults; destruction of records; missing children. (1) A child, ward, youth or youth offender
may be photographed or fingerprinted by a law enforcement agency:
(a) Pursuant to a search warrant;
(b) According to laws concerning adults if
the youth has been transferred to criminal court for prosecution;
(c) Upon consent of both the child or
youth and the child or youths parent after advice that they are not required
to give such consent;
(d) Upon request or consent of the childs
parent alone if the child is less than 10 years of age, and if the law
enforcement agency delivers the original photographs or fingerprints to the
parent and does not make or retain any copies thereof; or
(e) By order of the juvenile court.
(2) When a youth is taken into custody
under ORS 419C.080, the law enforcement agency taking the youth into custody
shall photograph and fingerprint the youth. When a youth is found within the
jurisdiction of the juvenile court for the commission of an act that would constitute
a crime if committed by an adult, the court shall ensure that the youth
offenders fingerprints have been taken. The law enforcement agency attending
upon the court is the agency responsible for obtaining the fingerprints. The
law enforcement agency attending upon the court may, by agreement, arrange for
another law enforcement agency to obtain the fingerprints on the attending
agencys behalf.
(3) Fingerprint and photograph files or
records of children, wards, youths and youth offenders must be kept separate
from those of adults, and fingerprints and photographs known to be those of a
child may be maintained on a local basis only and may not be sent to a central
state or federal depository.
(4) Fingerprint and photograph files or
records of a child, ward, youth or youth offender are open to inspection only
by, or the contents disclosed only to, the following:
(a) Public agencies for use in
investigation or prosecution of crimes and of conduct by a child, ward, youth
or youth offender that if committed by an adult would be an offense, provided
that a law enforcement agency may provide information to another agency only
when the information is pertinent to a specific investigation by that agency;
(b) The juvenile department and the
juvenile court having the child, ward, youth or youth offender before it in any
proceeding;
(c) Caseworkers and counselors taking
action or otherwise responsible for planning and care of the child, ward, youth
or youth offender;
(d) The parties to the proceeding and their
counsel; and
(e) The victim or a witness of an act or
behavior described under ORS 419C.005 (1) or the victims parent, guardian,
personal representative or subrogee, when necessary to identify the youth or
youth offender committing the act or behavior and identifying the apparent
extent of the youth or youth offenders involvement in the act or behavior.
(5)(a) Fingerprint and photograph files or
records of youths and youth offenders must be sent to a central state
depository in the same manner as fingerprint and photograph files or records of
adults. The fingerprint and photograph files or records of a youth or youth
offender sent to a central depository under this subsection are open to
inspection in the same manner and under the same circumstances as fingerprint
and photograph files or records of adults.
(b) A party filing a petition alleging
that a youth is within the jurisdiction of the court under ORS 419C.005 shall
notify the central state depository of the following:
(A) The filing of a petition alleging that
a youth committed an act that if committed by an adult would constitute a
crime; or
(B) The dismissal of a petition alleging
that a youth committed an act that if committed by an adult would constitute a
crime.
(c) The juvenile court shall notify the
central state depository of the disposition of a case in which jurisdiction is
based on ORS 419C.005.
(d) The Department of State Police shall
delete the fingerprint and photograph files or records of a youth or youth
offender from the depository and destroy the files or records relating to the
conduct that caused the files or records to be sent to the depository:
(A) One year after receiving the files, if
the central state depository has not received notice under paragraph (b) of
this subsection;
(B) No later than one year following
receipt of a notice of dismissal of a petition under paragraph (b)(B) of this
subsection; or
(C) In all other circumstances, no later
than five years and 30 days after fingerprint and photograph files or records
are sent to the central state depository.
(6) Fingerprint and photograph files and
records of a child, ward, youth or youth offender must be expunged when the
juvenile court orders expunction of a child, ward, youth or youth offenders
record pursuant to ORS 419A.260 and 419A.262.
(7) The parent or guardian of a missing
child may submit a fingerprint card and photograph of the child to a law
enforcement agency at the time a missing person report is made. The law
enforcement agency may submit the fingerprint file to the Department of State
Police bureau of criminal identification. The information must be entered into
the Law Enforcement Data System and the Western Identification Network
Automated Fingerprint Identification System.
(8) When fingerprint files or records are
submitted under subsection (7) of this section, the Department of State Police
shall enter in a special index in the computerized criminal history files the
name of the child and the name of the county or agency that submitted the fingerprint
file or record.
(9) Fingerprints and other information
entered in any data system pursuant to subsection (7) of this section must be
deleted when the child is located. [1993 c.33 §48; 1993 c.602 §1; 1995 c.422 §67;
1999 c.111 §3; 2003 c.396 §33; 2007 c.71 §111]
RECORDS
419A.253
When information in report or material considered by court must be identified
in record. (1) When, for the
purpose of a hearing or proceeding that will result in the entry of an order or
judgment, the juvenile court considers information in a report or other
material described in ORS 419A.255 (2) and no party has offered the report or
material as an exhibit or asked the court to take judicial notice of the
information, the court shall identify on the record the report or material, or
the part of the report or material, that the court has considered. Subject to
the courts ruling on objections by the parties, the court shall either take
judicial notice of the information pursuant to ORS 40.060 to 40.085 or cause
the report or material, or the part of the report or material, to be marked and
received as an exhibit. The court shall cause a list to be made that reasonably
identifies, by reference to its source, information judicially noticed under
this subsection. The list may be included in the order or judgment or may be
set out in a separate document attached to the order or judgment. If an appeal
is taken from the order or judgment following the hearing or proceeding and the
designation of record on appeal includes exhibits, the court or the trial court
administrator shall cause the exhibits and any report or other materials
containing judicially noticed information to be transmitted to the appellate
court as part of the record on appeal.
(2) The list described in subsection (1)
of this section is part of the record of the case maintained by the clerk of
the court under ORS 419A.255 (1).
(3) Nothing in ORS 419A.255 limits access
to any juvenile court records by an appellate court reviewing a juvenile court
order or judgment. Appellate court rules may establish procedures for appellate
court access to juvenile court records. [2005 c.451 §2]
419A.255
Maintenance; disclosure; providing transcript; exceptions to confidentiality. (1) The clerk of the court shall keep a
record of each case, including therein the summons and other process, the
petition and all other papers in the nature of pleadings, motions, orders of
the court and other papers filed with the court, but excluding reports and
other material relating to the child, ward, youth or youth offenders history
and prognosis. The record of the case shall be withheld from public inspection
but is open to inspection by the child, ward, youth, youth offender, parent,
guardian, court appointed special advocate, surrogate or a person allowed to
intervene in a proceeding involving the child, ward, youth or youth offender,
and their attorneys. The attorneys are entitled to copies of the record of the
case.
(2) Reports and other material relating to
the child, ward, youth or youth offenders history and prognosis are privileged
and, except at the request of the child, ward, youth or youth offender, may not
be disclosed directly or indirectly to anyone other than the judge of the
juvenile court, those acting under the judges direction, service providers in
the case and the attorneys of record for the child, ward, youth or youth
offender or the child, ward, youth or youth offenders parent, guardian, court
appointed special advocate, surrogate or person allowed to intervene in a
proceeding involving the child, ward, youth or youth offender. Reports and
other material relating to a youth offenders history and prognosis in cases
under ORS 419C.005 may be disclosed to the superintendent of the school
district in which the youth offender resides. The service providers in the
case, school superintendents and attorneys are entitled to examine and obtain
copies of any reports or other material relating to the child, ward, youth or
youth offenders history and prognosis. Any service provider in the case,
school superintendent or attorney who examines or obtains copies of such
reports or materials is responsible for preserving their confidentiality. A
service provider or school superintendent who obtains copies of such reports or
materials shall return the copies to the court upon the conclusion of the
service providers or superintendents involvement in the case.
(3) Except as otherwise provided in
subsection (7) of this section, no information appearing in the record of the
case or in reports or other material relating to the child, ward, youth or
youth offenders history or prognosis may be disclosed to any person not
described in subsection (2) of this section without the consent of the court,
except for purposes of evaluating the child, ward, youth or youth offenders
eligibility for special education as provided in ORS chapter 343, and no such
information may be used in evidence in any proceeding to establish criminal or
civil liability against the child, ward, youth or youth offender, whether such
proceeding occurs after the child, ward, youth or youth offender has reached 18
years of age or otherwise, except for the following purposes:
(a) In connection with a presentence
investigation after guilt has been admitted or established in a criminal court.
(b) In connection with a proceeding in
another juvenile court concerning the child, ward, youth or youth offender or
an appeal from the juvenile court.
(4) If the court finds that the child,
ward, youth, youth offender or parent is without financial means to purchase
all or a necessary part of the transcript of the evidence or proceedings, the
court shall order upon motion the transcript or part thereof to be furnished.
The transcript or part thereof furnished under this subsection shall be paid
for in the same manner as furnished transcripts are paid for in criminal cases.
(5) Notwithstanding any other provision of
law, the following are not confidential and not exempt from disclosure:
(a) The name and date of birth of the
youth or youth offender;
(b) The basis for the juvenile courts
jurisdiction over the youth or youth offender;
(c) The date, time and place of any
juvenile court proceeding in which the youth or youth offender is involved;
(d) The act alleged in the petition that
if committed by an adult would constitute a crime if jurisdiction is based on
ORS 419C.005;
(e) That portion of the juvenile court
order providing for the legal disposition of the youth or youth offender when
jurisdiction is based on ORS 419C.005;
(f) The names and addresses of the youth
or youth offenders parents or guardians; and
(g) The register described in ORS 7.020
when jurisdiction is based on ORS 419C.005.
(6) Notwithstanding any other provision of
law, when a youth has been taken into custody under ORS 419C.080, the following
information shall be disclosed unless, and only for so long as, there is a
clear need to delay disclosure in the course of a specific investigation,
including the need to protect the complaining party or the victim:
(a) The youths name and age and whether
the youth is employed or in school;
(b) The youth offense for which the youth
was taken into custody;
(c) The name and age of the adult
complaining party and the adult victim, unless the disclosure of such
information is otherwise prohibited or restricted;
(d) The identity of the investigating and
arresting agency; and
(e) The time and place that the youth was
taken into custody and whether there was resistance, pursuit or a weapon used
in taking the youth into custody.
(7)(a) Information contained in reports
and other materials relating to a child, ward, youth or youth offenders
history and prognosis that, in the professional judgment of the juvenile
counselor, caseworker, school superintendent, teacher or detention worker to
whom the information for the reports or other materials has been provided,
indicates a clear and immediate danger to another person or to society shall be
disclosed to the appropriate authority and the person or entity who is in
danger from the child, ward, youth or youth offender.
(b) An agency or a person who discloses
information under paragraph (a) of this subsection has immunity from any
liability, civil or criminal, that might otherwise be incurred or imposed for
making the disclosure.
(c) Nothing in this subsection affects the
provisions of ORS 146.750, 146.760, 419B.035, 419B.040 and 419B.045. The
disclosure of information under this section does not make the information
admissible in any court or administrative proceeding if it is not otherwise admissible.
(8) A county juvenile department is the
agency responsible for disclosing youth and youth offender records if the
records are subject to disclosure.
(9) A petition filed under ORS 419B.851
alleging that a child who is a foreign national is within the jurisdiction of
the court, or a motion requesting an implementation plan other than return of a
ward to the wards parent, is subject to disclosure to the consulate for the
child or wards country as provided under ORS 419B.851 (3).
(10) Nothing in this section prohibits a
guardian appointed under ORS 419B.365 or 419B.366 from disclosing or providing
copies of letters of guardianship when so required to fulfill the duties of a
guardian.
(11) The court shall cooperate in the
sharing of information with a court in another state to facilitate an
interstate placement of a child or ward. [1993 c.33 §49; 1993 c.234 §3; 1993
c.546 §8; 1995 c.422 §68; 1997 c.724 §§3,4; 1999 c.59 §118; 1999 c.620 §8; 2001
c.904 §11; 2001 c.910 §1; 2003 c.143 §4; 2003 c.229 §9; 2003 c.396 §34a; 2007
c.611 §4]
419A.256
When transcript of proceeding is part of record of case; disclosure. (1)(a) Once prepared and filed with the
court, a transcript of a juvenile court proceeding is part of the record of the
case maintained by the clerk of the court under ORS 419A.255 (1) and is subject
to the provisions of ORS 419A.255 (1) and (3) governing access and disclosure.
(b) Notwithstanding ORS 419A.255, if a
transcript, audiotape or videotape has been prepared in any proceeding under
ORS chapter 419C, the victim may obtain a copy by paying the actual cost of
preparation.
(2) The official audio, video or other
recording of a juvenile court proceeding shall be withheld from public
inspection but is open to inspection by the child, ward, youth, youth offender,
parent, guardian, court appointed special advocate, surrogate or a person
allowed to intervene in a proceeding involving the child, ward, youth or youth
offender, and their attorneys. [2005 c.451 §3; 2007 c.609 §9]
419A.257
Disclosure to district attorney and other state and county entities. (1) The district attorney or assistant
attorney general representing the state in a juvenile court proceeding, the
juvenile department, the Department of Human Services and the Oregon Youth Authority
may inspect and obtain from the court copies of the records, reports and other
materials described in ORS 419A.255 (1) and (2) to the same extent that
attorneys for the other parties and the other parties are authorized to inspect
and obtain copies of the records, reports and other materials. An agency or
person that inspects or obtains records, reports or materials under this
subsection is subject to ORS 419A.255 (3).
(2) Nothing in ORS 419A.255 prohibits the
district attorney or assistant attorney general representing the state in a
juvenile court proceeding, the juvenile department, the Department of Human
Services, the Oregon Youth Authority or the other parties in the proceeding or
their attorneys from disclosing to each other records, reports and other
materials described in ORS 419A.255 (1) and (2) if the disclosure is reasonably
necessary to perform official duties related to the involvement of the child,
ward, youth or youth offender with the juvenile court or juvenile department.
An agency or person to whom records, reports or materials are disclosed under
this subsection is subject to ORS 419A.255 (3).
(3) An agency or person that inspects or
obtains records, reports or materials under subsection (1) of this section or
to whom records, reports or materials are disclosed under subsection (2) of
this section may not use or disclose the records, reports or materials except:
(a) As provided in subsections (1) and (2)
of this section;
(b) In the juvenile court proceeding for
which the records, reports or materials were sought or disclosed;
(c) With the consent of the court as
provided in ORS 419A.255 (2) or (3); or
(d) As provided in ORS 419A.253. [2005
c.451 §4]
419A.260
Expunction; definitions. (1)
As used in this section and ORS 419A.262:
(a) Contact means any instance in which
a persons act or behavior, or alleged act or behavior, which could result in a
juvenile courts assumption of jurisdiction under ORS 419B.100 (1)(a) to (c)
and (f) or 419C.005 comes to the attention of an agency specified in paragraph
(d) of this subsection.
(b) Expunction means:
(A) The removal and destruction or sealing
of a judgment or order related to a contact and all records and references; and
(B) Where a record is kept by the
Department of Human Services or the Oregon Youth Authority, either the sealing
of such record by the department or the Oregon Youth Authority or, in a
multiperson file, the affixing to the front of the file, by the department or
the youth authority, a stamp or statement identifying the name of the
individual, the date of expunction and instruction that no further reference
shall be made to the material that is subject to the expunction order except
upon an order of a court of competent jurisdiction.
(c) Person includes a person under 18
years of age.
(d) Record includes a fingerprint or
photograph file, report, exhibit or other material which contains information
relating to a persons contact with any law enforcement agency or juvenile
court or juvenile department and is kept manually, through the use of
electronic data processing equipment, or by any other means by a law
enforcement or public investigative agency, a juvenile court or juvenile
department or an agency of the State of Oregon. Record does not include:
(A) A transcript of a students Youth
Corrections Education Program academic record;
(B) Material on file with a public agency
which is necessary for obtaining federal financial participation regarding
financial assistance or services on behalf of a person who has had a contact;
(C) Records kept or disseminated by the
Department of Transportation, State Marine Board and State Fish and Wildlife
Commission pursuant to juvenile or adult order or recommendation;
(D) Police and court records related to an
order of waiver where the matter is still pending in the adult court or on
appeal therefrom, or to any disposition as an adult pursuant to such order;
(E) Records related to a support
obligation;
(F) Medical records;
(G) Records of a proposed or adjudicated
termination of parental rights and adoptions;
(H) Any law enforcement record of a person
who currently does not qualify for expunction or of current investigations or
cases waived to the adult court;
(I) Records and case reports of the Oregon
Supreme Court and the Oregon Court of Appeals;
(J) Any records in cases under ORS
419C.005 in which a juvenile court found a person to be within the jurisdiction
of the court based upon the persons commission of an act which if done by an
adult would constitute one of the following offenses:
(i) Aggravated murder under ORS 163.095;
(ii) Murder under ORS 163.115;
(iii) Attempt, solicitation or conspiracy
to commit murder or aggravated murder;
(iv) Manslaughter in the first degree
under ORS 163.118;
(v) Manslaughter in the second degree
under ORS 163.125;
(vi) Criminally negligent homicide under
ORS 163.145;
(vii) Assault in the first degree under
ORS 163.185;
(viii) Criminal mistreatment in the first
degree under ORS 163.205;
(ix) Kidnapping in the first degree under
ORS 163.235;
(x) Rape in the third degree under ORS
163.355;
(xi) Rape in the second degree under ORS
163.365;
(xii) Rape in the first degree under ORS
163.375;
(xiii) Sodomy in the third degree under
ORS 163.385;
(xiv) Sodomy in the second degree under
ORS 163.395;
(xv) Sodomy in the first degree under ORS
163.405;
(xvi) Unlawful sexual penetration in the
second degree under ORS 163.408;
(xvii) Unlawful sexual penetration in the
first degree under ORS 163.411;
(xviii) Sexual abuse in the third degree
under ORS 163.415;
(xix) Sexual abuse in the second degree
under ORS 163.425;
(xx) Sexual abuse in the first degree
under ORS 163.427;
(xxi) Promoting prostitution under ORS
167.012;
(xxii) Compelling prostitution under ORS
167.017;
(xxiii) Aggravated vehicular homicide
under ORS 163.149; or
(xxiv) An attempt to commit a crime listed
in this subparagraph other than manslaughter in the second degree and
criminally negligent homicide;
(K) Blood samples, buccal samples and
other physical evidence and identification information obtained, stored or
maintained by the Department of State Police under authority of ORS 137.076,
181.085 or 419C.473; or
(L) Records maintained in the Law
Enforcement Data System under ORS 181.592.
(e) Termination means:
(A) For a person who is the subject of a
record kept by a juvenile court or juvenile department, the final disposition
of a case by informal means, by a decision not to place the person on probation
or make the person a ward of the court after the person has been found to be
within the courts jurisdiction, or by a discontinuance of probation or of the
courts wardship.
(B) For a person who is the subject of a
record kept by a law enforcement or public investigative agency, a juvenile
court or juvenile department or an agency of the State of Oregon, the final
disposition of the persons most recent contact with a law enforcement agency.
(2) The juvenile court or juvenile
department shall make reasonable effort to provide written notice to a child
who is within the courts jurisdiction under ORS 419B.100 (1)(a) to (c) and (f)
or to a youth who is within the courts jurisdiction under ORS 419C.005, and to
the childs or youths parent, of the procedures for expunction of a record,
the right to counsel under this chapter, the legal effect of an expunction
order and the procedures for seeking relief from the duty to report as a sex
offender provided under ORS 181.823, at the following times:
(a) At any dispositional hearing or at the
time of entering into a formal accountability agreement;
(b) At the time of termination;
(c) Upon notice to the subject of an
expunction pending pursuant to application of a juvenile department or motion
on a juvenile court; and
(d) At the time of notice of execution of
an expunction order. [1993 c.33 §50; 1993 c.546 §93; 1993 c.602 §2; 1995 c.422 §69;
1999 c.97 §4; 1999 c.111 §1; 1999 c.626 §17; amendments by 1999 c.626 §40
repealed by 2001 c.884 §1; 2001 c.884 §§3b,3d; 2007 c.867 §8]
419A.262
Expunction proceeding; notice to victim; effect of expunction; confidentiality;
penalties. (1) An expunction
proceeding shall be commenced in the county where the subject person resided at
the time of the most recent termination.
(2) Upon application of either a person
who is the subject of a record or a juvenile department, or upon its own
motion, the juvenile court shall order expunction if, after a hearing when the
matter is contested, it finds that:
(a) At least five years have elapsed since
the date of the persons most recent termination;
(b) Since the date of the most recent
termination, the person has not been convicted of a felony or a Class A
misdemeanor;
(c) No proceedings seeking a criminal
conviction or an adjudication in a juvenile court are pending against the
person;
(d) The person is not within the
jurisdiction of any juvenile court on the basis of a petition alleging an act
or behavior as defined in ORS 419B.100 (1)(a) to (c) and (f) or 419C.005; and
(e) The juvenile department is not aware
of any pending investigation of the conduct of the person by any law
enforcement agency.
(3) In the case of an application by the
juvenile department or of the court acting upon its own motion, expunction
shall not be ordered if actual notice of expunction has not been given to the
person in accordance with subsection (10) of this section unless the person has
reached 21 years of age.
(4) When a person who is the subject of a
record kept by a juvenile court or juvenile department reaches 18 years of age,
the juvenile court, after a hearing when the matter is contested, shall order
expunction if:
(a) The person never has been found to be
within the jurisdiction of the court; or
(b) The conditions of subsection (2) of
this section have been met.
(5) Expunction shall not be ordered under
this section if actual notice of expunction has not been given to the person in
accordance with subsection (10) of this section unless the person has reached
21 years of age.
(6) Subsections (4) and (5) of this
section apply only to cases resulting in termination after September 13, 1975.
(7) Notwithstanding subsections (2) and
(4) to (6) of this section, upon application of a person who is the subject of
a record kept by a juvenile court or juvenile department, upon application of
the juvenile department, or upon its own motion, the juvenile court, after a
hearing when the matter is contested, may order expunction of all or any part
of the persons record if it finds that to do so would be in the best interests
of the person and the public. In the case of an application by the juvenile
department or of the court acting upon its own motion, expunction shall not be
ordered if actual notice of expunction has not been given to the person in
accordance with subsection (10) of this section unless the person has reached
21 years of age.
(8) When an expunction proceeding is
commenced by application of the person whose records are to be expunged, the
person shall set forth as part of the application the names of the juvenile
courts, juvenile departments, institutions and law enforcement and other
agencies that the person has reason to believe possess an expungible record of
the person. The juvenile department shall provide the names and addresses of
the juvenile courts, juvenile departments, institutions and law enforcement and
other agencies that a reasonable search of department files indicates have
expungible records.
(9) When an expunction proceeding is
commenced by application of the juvenile department or upon the courts own
motion, the application or motion shall set forth the names and addresses of
the juvenile courts, juvenile departments, institutions and law enforcement and
other agencies that a reasonable search of department files indicates have
expungible records and those provided by the subject person.
(10)(a) Notice and a copy of an
application for expunction under subsections (2) to (7) of this section shall
be given to:
(A) The district attorney of the county in
which the expunction proceeding is commenced and the district attorney of each
county in which the record sought to be expunged is kept; and
(B) The person who is the subject of the
record if the person has not initiated the expunction proceeding.
(b) A district attorney who receives
notice under this subsection shall notify the victim of the acts that resulted
in the disposition that is the subject of the application for expunction and
shall mail a copy of the application for expunction to the victims last known
address.
(11) Within 30 days of receiving the
notice of application for expunction under subsection (10) of this section, a
district attorney shall give written notice of any objection and the grounds
therefor to the person whose records are to be expunged and to the juvenile
court. If no objection is filed the court may decide the issue of expunction
either without a hearing or after full hearing pursuant to subsections (12) to
(15) of this section.
(12) When an expunction is pending
pursuant to subsections (2) to (7) of this section, the court may proceed with
or without a hearing, except that:
(a) The court may not enter an expunction
judgment without a hearing if a timely objection to expunction has been filed
pursuant to subsection (11) of this section; and
(b) The court may not deny an expunction
without a hearing if the proceeding is based on an application of the subject.
(13)(a) Notice of a hearing on a pending
expunction shall be served on the subject and any district attorney filing a
timely objection pursuant to subsection (11) of this section.
(b) When a district attorney receives
notice of a hearing for expunction of a record concerning a youth or youth
offender proceeding under ORS chapter 419C, if the victim of the acts that
resulted in the disposition that is the subject of the application for expunction
requests, the district attorney shall mail notice of the hearing to the victims
last-known address.
(14) The court shall conduct a hearing on
a pending expunction in accord with the provisions of ORS 419B.195, 419B.198,
419B.201, 419B.205, 419B.208, 419B.310, 419B.812 to 419B.839 and 419B.908.
Rules of evidence shall be as in a hearing to establish juvenile court
jurisdiction and as defined in ORS 419B.310 (3) and 419C.400 (2). The burden of
proof shall be with the party contesting expunction.
(15) At the conclusion of a hearing on a
pending expunction, the court shall issue judgment granting or denying
expunction.
(16) The juvenile court or juvenile
department shall send a copy of an expunction judgment to each agency subject
to the judgment. Upon receipt of a copy of the judgment, the agency shall
comply and, within 21 days of the date of receipt, return the copy to the
juvenile court or juvenile department with an indorsement indicating
compliance.
(17) When all agencies subject to an
expunction judgment have indicated their compliance or in any event no later
than six weeks following the date the judgment was delivered as required by
subsection (16) of this section, the juvenile court shall provide the person
who is the subject of the record with a copy of the expunction judgment, a list
of complying and noncomplying agencies, and a written notice of rights and
effects of expunction. The juvenile court and juvenile department then shall
expunge forthwith all records which they possess and which are subject to the
judgment, except the original expunction judgment and the list of complying and
noncomplying agencies which must be preserved under seal.
(18) In addition to those agencies
identified in ORS 419A.260 (1)(d), the juvenile, circuit, municipal and justice
courts, and the district and city attorneys of this state, are bound by an
expunction judgment of any juvenile court of appropriate jurisdiction in this
state issuing an expunction judgment.
(19) Upon entry of an expunction judgment,
the contact that is the subject of the expunged record shall not be disclosed
by any agency. An agency that is subject to an expunction judgment shall
respond to any inquiry about the contact by indicating that no record or
reference concerning the contact exists.
(20) A person who is the subject of a
record that has been expunged under this section may assert that the record
never existed and that the contact, which was the subject of the record, never
occurred without incurring a penalty for perjury or false swearing under the
laws of this state.
(21) Juvenile courts, by court rule or by
order related to a particular matter, may direct that records concerning a
subject person be destroyed. No such records shall be destroyed until at least
three years have elapsed after the date of the subjects most recent
termination. In the event the record has been expunged, the expunction judgment
and list of complying and noncomplying agencies may not be destroyed, but shall
be preserved under seal. The destruction of records under this subsection does
not constitute expunction.
(22) An expunction judgment and list of
complying and noncomplying agencies shall be released from confidentiality only
on order of the court originating the expunction judgment, based on a finding that
review of a particular case furthers compliance with the expunction provisions
of this chapter.
(23) A subject has a right of action
against any person who intentionally violates the confidentiality provisions of
this section. In any such proceeding, punitive damages up to an amount of
$1,000 may be sought in addition to any actual damages. The prevailing party
shall be entitled to costs and reasonable attorney fees.
(24) Intentional violation of the
confidentiality provisions of this section by a public employee is cause for
dismissal.
(25) A person who intentionally releases
all or part of an expunged record commits a Class C misdemeanor. [1993 c.33 §51;
1993 c.546 §9; 1997 c.249 §132; 1999 c.111 §2; 2001 c.480 §7; 2001 c.622 §45;
2007 c.609 §10]
419A.290 [1993 c.33 §52; 1993 c.546 §114; repealed by
1995 c.422 §138]
419A.295 [Formerly 419.494; repealed by 1995 c.79 §215]
MISCELLANEOUS
419A.300
Reports to school districts concerning young persons on conditional release. (1)(a) Once each month, the Department of
Human Services shall provide to each school district a list of all young
persons enrolled in a school in the school district who are on conditional
release. The department shall include in the list the name and business
telephone number of the caseworker assigned to each case.
(b) When a young person who is on
conditional release transfers from one school district to a different school
district, the caseworker assigned to the case shall notify the superintendent
of the school district to which the young person has transferred of the young
persons status. The caseworker shall make the notification no later than 72
hours after the caseworker knows of the transfer.
(2) Upon request by the school district,
the department shall provide additional information, including the offense that
brought the young person 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 department:
(a) Shall notify the school district of
the specific offense if the act that brought the young person 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 that brought the young person 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 department believes the young
person represents a risk to other students or school staff.
(4) ORS 419A.015 (4) and (5) apply to
persons sending or receiving records under this section. [2005 c.843 §29]
_______________
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