2007 Oregon Chapter 419c :: Chapter 419C - Juvenile Code: Delinquency
Chapter 419C
Juvenile Code: Delinquency
2007 EDITION
JUVENILE CODE: DELINQUENCY
HUMAN SERVICES; JUVENILE CODE; CORRECTIONS
GENERALLY
419C.001 Purposes
of juvenile justice system in delinquency cases; audits
419C.005 Jurisdiction
419C.010 Extradition
419C.013 Venue
419C.020 Notice
to parents or guardian of youth; when given; contents
419C.025 Appearance
by telephone or closed-circuit television
TRANSFER
419C.050 Transfer
to juvenile court from another court
419C.053 Transfer
to court of county of youths residence
419C.056 Transfer
of jurisdiction by court in county of youths residence
419C.058 Transfer
of jurisdiction to tribal court
419C.059 Facilitation
of disposition; interests of youth; authority of court where proceeding pending
to allow other county to conduct hearing or assume jurisdiction
419C.062 Fact-finding
when other county conducts hearing; record
419C.065 Transportation
of youth whose case is transferred
419C.067 Case
transferred to juvenile court after verdict in criminal court
CUSTODY
419C.080 Custody;
when authorized
419C.085 Citation
in lieu of custody
419C.088 Custody
by private person
419C.091 Custody
not arrest
419C.094 Jurisdiction
attaches at time youth taken into custody
419C.097 Notice
to parents, victim
419C.100 Release
of youth taken into custody; exceptions
419C.103 Procedure
when youth is not released; release decision when youth taken into custody
resides in other county
419C.106 Report
required when youth is taken into custody
419C.109 Initial
disposition of youth taken into custody
DETENTION
419C.125 Detention
in place where adults are detained of certain persons alleged to be within
courts jurisdiction
419C.130 Youth
or youth offender may not be detained where adults are detained; exceptions
419C.133 Detention
of youth under 12 years of age; judicial review required
419C.136 Temporary
hold to develop release plan; duration
419C.139 Speedy
hearing on detention cases
419C.142 Notice
of detention hearing
419C.145 Preadjudication
detention; grounds
419C.150 Time
limitations on detention
419C.153 Detention
review or release hearing
419C.156 Detention
of runaway from another state
419C.159 Escape;
punishment
SHELTER HEARINGS
419C.170 Time
limitations on shelter care
419C.173 Evidentiary
hearing
419C.176 Conditional
release by court
419C.179 Release
security provisions not applicable
COURT-APPOINTED COUNSEL
419C.200 Court-appointed
counsel for youth
419C.203 Payment
for compensation of counsel
419C.206 Compensation
for counsel when youth, parent or guardian cannot pay
419C.209 Applicability
of other laws
EDUCATIONAL SURROGATE
419C.220 Appointment
of surrogate
419C.223 Duties
and tenure
AUTHORIZED DIVERSION PROGRAMS
419C.225 Authorized
diversion programs
419C.226 Youth
courts
FORMAL ACCOUNTABILITY AGREEMENTS
419C.230 Formal
accountability agreements; when appropriate; consultation with victim
419C.233 Nature
of agreement
419C.236 Agreement
may require counseling, community service, education, treatment or training;
restitution
419C.237 Agreement
may require mental health evaluation
419C.239 Requirements
of agreement; disclosure
419C.242 Revocation
and modification of agreement
419C.245 Right
to counsel
PETITION
419C.250 Who
may file petition; form
419C.255 Facts
to be pleaded
419C.258 Service
419C.261 Amendment
and dismissal of petition; consultation with victim
CRIMINAL PROCEDURE LAWS
419C.270 Application
of criminal procedure laws
419C.273 Right
of victim to be present at proceedings; advice of rights; notice; effect on
validity of proceedings
419C.276 When
address and phone number of victim or witness not to be disclosed to youth or
youth offender; deposition of victim; when contact with victim prohibited;
effect of threats by youth or youth offender
CONSOLIDATION
419C.280 Consolidation
PARTIES
419C.285 Parties
to delinquency proceeding; rights of limited participation; interpreters
SUMMONS
419C.300 Time
limits on issuance of summons
419C.303 Form
of summons; content
419C.306 Effect
of summons; to whom issued
419C.309 Service
of summons or other process
419C.312 Alternate
service
419C.315 Travel
expenses of party summoned
419C.317 Compliance
with summons
419C.320 When
arrest warrant for summoned person authorized
419C.323 Proceeding
when summoned party not before court
WAIVER
419C.340 Authority
to waive youth to adult court
419C.343 Depositions
419C.346 Juvenile
courts retention of authority over parent
419C.349 Grounds
for waiving youth to adult court
419C.352 Grounds
for waiving youth under 15 years of age
419C.355 Written
findings required
419C.358 Consolidation
of nonwaivable and waivable charges
419C.361 Disposition
of nonwaivable consolidated charges and lesser included offenses
419C.364 Waiver
of future cases
419C.367 Vacating
order waiving future cases
419C.370 Waiver
of motor vehicle, boating, game, violation and property cases
419C.372 Handling
of motor vehicle, boating or game cases not requiring waiver
419C.374 Alternative
conduct of proceedings involving traffic, boating and game cases
ADJUDICATION
419C.400 Conduct
of hearings
419C.405 Witnesses;
subpoena
419C.408 Witness
fees
419C.411 Disposition
order; factors to be considered; finding of responsible except for insanity
419C.420 Adjudication
without hearing
DISPOSITION
419C.440 When
court has duties and authority of guardian
419C.441 Mental
health evaluation, care and treatment
419C.443 Diversion;
marijuana offenses; requirements
419C.446 Probation;
requirements
419C.449 Supervision
fee
419C.450 Restitution
419C.453 Detention;
when authorized
419C.456 Detention
after escape
419C.459 Fines
419C.461 Disposition
for graffiti related offenses
419C.462 Community
service
419C.465 Service
to victim
419C.470 Opportunities
to fulfill obligations imposed by court
419C.472 Suspension
of driving privileges
419C.473 Authority
to order blood or buccal samples
419C.475 Authority
to order HIV testing
419C.478 Commitment
to
419C.481 Guardianship
and legal custody of youth offender committed to Oregon Youth Authority
419C.486 Consideration
of recommendations of committing court; case planning
419C.489 Condition
requiring medical care or special treatment; preparation of plan; progress
reports
419C.492 Courts
authority to review placement
419C.495 When
commitment to youth correction facility authorized
419C.498 Disposition
under compact, agreement or arrangement with another state
419C.501 Duration
of disposition
419C.504 Duration
of probation
419C.507 Additional
options; consultation
419C.510 Advisory
committee to study dispositions; recommendations
MENTAL DISEASE OR DEFECT
419C.520 Definitions
419C.522 Mental
disease or defect as affirmative defense
419C.524 Notice
prerequisite to defense; timing
419C.527 Procedure
for state to obtain mental examination of youth; limitations
419C.529 Finding
of mental disease or defect; jurisdiction of Psychiatric Security Review Board;
conditional release or commitment
419C.530 Continuing
jurisdiction of Psychiatric Security Review Board after placement
419C.532 Hearings
of juvenile panel of Psychiatric Security Review Board; requirements;
standards; dispositions
419C.533 Rules
419C.535 Appointed
counsel; representation of state in contested hearings before panel
419C.538 Conditional
release
419C.540 Discharge
or conditional release after commitment
419C.542 Hearings
before juvenile panel of Psychiatric Security Review Board
419C.544 Transfer
of cases from juvenile panel to adult panel of Psychiatric Security Review Board
LEGAL CUSTODIAN OF YOUTH OR YOUTH OFFENDER
419C.550 Duties
and authority
GUARDIAN
419C.555 Authority
to appoint guardian
419C.558 Duties
and authority of guardian
419C.561 Limitation
of guardianship granted by juvenile court
AUTHORITY OF COURT OVER PARENT OR GUARDIAN
419C.570 Parent
or guardian summoned subject to jurisdiction of court; probation contract
419C.573 Court
may order education or counseling
419C.575 Court
may order drug or alcohol treatment; hearing required; appointment of counsel
for parent or guardian
SUPPORT
419C.590 Authority
of court to order support; hearing; determination of amount
419C.592 Support
order is judgment and final
419C.595 Support
for youth offender in state financed or supported residence
419C.597 Assignment
of support obligation to state
419C.600 Enforcement
MODIFICATION OF ORDERS
419C.610 Authority
to modify or set aside orders
419C.613 Notice
of modification
419C.615 Grounds
for setting aside order; procedure; appeal
419C.616 Effect
of prior proceeding on petition under ORS 419C.615
419C.617 Time
limitation for certain adults seeking relief under ORS 419C.615
REPORTS BY AGENCY HAVING GUARDIANSHIP OR
LEGAL CUSTODY
419C.620 Circumstances
requiring report
419C.623 Frequency
and content of report
419C.626 Review
hearing by court; findings; appeal
419C.629 Distribution
of report by court
DISPOSITIONAL REVIEW HEARINGS
419C.653 Notice;
appearance
CURFEW
419C.680 Curfew;
parental responsibility; authority of political subdivisions; custody authorized
GENERALLY
419C.001
Purposes of juvenile justice system in delinquency cases; audits. (1) The Legislative Assembly declares that
in delinquency cases, the purposes of the Oregon juvenile justice system from
apprehension forward are to protect the public and reduce juvenile delinquency
and to provide fair and impartial procedures for the initiation, adjudication
and disposition of allegations of delinquent conduct. The system is founded on
the principles of personal responsibility, accountability and reformation
within the context of public safety and restitution to the victims and to the
community. The system shall provide a continuum of services that emphasize
prevention of further criminal activity by the use of early and certain
sanctions, reformation and rehabilitation programs and swift and decisive
intervention in delinquent behavior. The system shall be open and accountable
to the people of
(2)(a) Programs, policies and services
shall be regularly and independently audited. Audits performed under this
subsection must include program audits and performance audits, as defined in
ORS 297.070. Programs, policies and services that were established before, on
or after June 30, 1995, are subject to audit under this subsection.
(b) The programs, policies and services of
county juvenile departments shall be subject to regular review pursuant to this
subsection.
(c) The Secretary of State shall perform
an audit that includes the performance of county juvenile departments.
(d) ORS 297.405 to 297.555 do not apply to
an audit conducted pursuant to this subsection.
(e) Notwithstanding ORS 297.040, the costs
and expenses of audits conducted under this subsection may not be charged to
the county juvenile departments. The Secretary of State shall pay the costs and
expenses of audits conducted under this subsection from funds available to the
Secretary of State.
(3) To facilitate an audit under
subsection (2) of this section:
(a) The Secretary of State may subpoena
witnesses, require the production of books and papers and the rendering of
reports in such manner and form as the Secretary of State requires and may do
all things necessary to secure a full and thorough investigation.
(b) The custodian of information that the
Secretary of State deems necessary to conduct the audit shall provide the
Secretary of State or the auditor selected by the Secretary of State access to
the information notwithstanding the fact that the information may be made
confidential or access to the information restricted by ORS 419A.255 or another
law. Information obtained by the Secretary of State or the auditor pursuant to
this paragraph and made confidential by ORS 419A.255 or another law may be used
by the Secretary of State, the officers and employees of the Secretary of State
or the auditor solely for the purpose of performing the audit required by
subsection (2) of this section and may not be used or disclosed for any other
purpose. [1995 c.422 §1a; 2001 c.904 §16; 2007 c.688 §1]
Note: Section 2, chapter 688, Oregon Laws 2007,
provides:
Sec.
2. (1) The Secretary of
State shall perform an audit that includes no fewer than four counties each
biennium during the 2007-2009 and 2009-2011 biennia.
(2) No later than September 1, 2010, the
Secretary of State shall submit to the Legislative Assembly a report containing
the results of the audits of county juvenile departments and including
recommendations for the most efficient collection of future audit data. [2007
c.688 §2]
419C.005
Jurisdiction. (1) Except as
otherwise provided in ORS 137.707, the juvenile court has exclusive original
jurisdiction in any case involving a person who is under 18 years of age and
who has committed an act that is a violation, or that if done by an adult would
constitute a violation, of a law or ordinance of the United States or a state,
county or city.
(2) The provisions of subsection (1) of
this section do not prevent a court of competent jurisdiction from entertaining
a civil action or suit involving a youth.
(3) The court does not have jurisdiction
as provided in subsection (1) of this section after a minor has been
emancipated pursuant to ORS 419B.550 to 419B.558.
(4) The courts jurisdiction over a person
under this section or ORS 419C.067 continues until one of the following occurs:
(a) The court dismisses a petition filed
under this chapter or waives the case under ORS 419C.340. If jurisdiction is
based on a previous adjudication, then dismissal or waiver of a later case does
not terminate jurisdiction under the previous case unless the court so orders.
(b) The court transfers jurisdiction of
the case as provided in ORS 419C.053, 419C.056 and 419C.059.
(c) The court enters an order terminating
jurisdiction.
(d) The person becomes 25 years of age.
(e) The court places the person under the
jurisdiction of the Psychiatric Security Review Board as provided in ORS
419C.529. If the court also has jurisdiction over the person based on a
previous adjudication under this chapter or ORS chapter 419B, placing a person
under the jurisdiction of the board in a later case does not terminate wardship
under the previous case unless the court so orders. [1993 c.33 §149; 1995 c.422
§73; 2003 c.396 §98; 2005 c.843 §7]
419C.010
Extradition. (1) The
provisions of this chapter shall not apply to a youth who, while under the age
of 18 years, commits an act which is a violation, or which if done by an adult
would constitute a violation, of a law or ordinance of this state or any of its
political subdivisions, punishable by imprisonment, and thereafter flees from
this state.
(2) The youth described in subsection (1)
of this section may be proceeded against in the manner provided in ORS 133.743
to 133.857.
(3) Upon the return of the youth described
in subsection (1) of this section to this state by extradition or otherwise,
any proceedings against the youth shall be commenced in the same manner as
provided in this chapter.
(4) If a youth described in subsection (1)
of this section has fled to a state which has adopted the Rendition Amendment
to the Interstate Compact on Juveniles, the return of the youth shall be sought
in accordance with the provisions of that compact. [1993 c.33 §150]
419C.013
Venue. (1) A juvenile
proceeding based on allegations of jurisdiction under ORS 419C.005 shall
commence in either the county where the youth resides or the county in which
the alleged act was committed.
(2) Notwithstanding the provisions of ORS
34.320, an application for a writ of habeas corpus brought by or on behalf of a
person who has been committed or placed in a youth correction facility which
attacks the validity of the order of commitment shall be brought in the county
in which the court that entered the order of commitment is located. [1993 c.33 §151;
1995 c.422 §73a]
419C.020
Notice to parents or guardian of youth; when given; contents. (1) At the first appearance by the parents
or guardian of a youth before the court, the court shall inform the parents or
guardian verbally and provide a standard notice describing:
(a) The obligation of the parents or
guardian to pay for compensation and reasonable expenses for counsel for the
youth, support of the youth while the youth is in the custody of a
state-financed or state-supported residence and any other obligations to pay
money that may arise as a result of the youth being within the jurisdiction of
the court;
(b) The assignment of support rights under
ORS 419C.597;
(c) The right of the parents or guardian
to appeal a decision on jurisdiction or disposition made by the court; and
(d) The time for filing an appeal of a
decision by the court.
(2) The Oregon Youth Authority shall
prepare and provide the standard notice required under subsection (1) of this
section.
(3) The court shall place a notation in
the record of the case of the date that the parents or guardian were provided
information under this section. [1997 c.748 §4; 2003 c.396 §99]
419C.025
Appearance by telephone or closed-circuit television. (1) Except as provided in subsection (2) of
this section, when a person is directed to appear before the court in a
proceeding under this chapter, the person may appear by telephone or
closed-circuit television as long as all parties having an interest in the
proceeding have access to the telephone or television circuit used for the
appearance and as long as the appearance is made publicly audible within the
courtroom of the court under whose authority the hearing is held.
(2) A person may not appear before the
court as provided in subsection (1) of this section if:
(a) The proceeding is a contested
adjudication;
(b) The proceeding is a contested waiver
hearing;
(c) The proceeding is a contested
dispositional hearing;
(d) The person has been issued a summons
under ORS 419C.306 (2); or
(e) The person who is the subject of the
proceeding objects to appearance by telephone or closed-circuit television and
the court finds that such appearance would be detrimental to the best interest
of the person making the objection.
(3) A person who appears before the court
under subsection (1) of this section shall be provided with the opportunity to
consult privately with counsel during the proceeding. [2003 c.687 §11]
TRANSFER
419C.050
Transfer to juvenile court from another court. Except as otherwise provided in ORS 137.707,
if during the pendency of a proceeding involving an allegation of a crime in
any court other than a juvenile court it is ascertained that the age of the
person who is the subject of the proceeding is such that the matter is within
the exclusive jurisdiction of the juvenile court, it is the duty of the court
in which the proceeding is pending forthwith to transfer the proceeding,
together with all the papers, documents and testimony connected therewith, to
the juvenile court of the county in which the proceeding is pending. [1993 c.33
§152; 1995 c.422 §73b]
419C.053
Transfer to court of county of youths residence. (1) If a proceeding is initiated in a court
of a county other than the county in which the youth resides, that court, on
its own motion or on the motion of a party made at any time prior to
disposition, may transfer the proceeding to the court of the county of the
youths residence for such further proceeding as the receiving court finds
proper. A like transfer may be made if the residence of the youth changes during
the proceeding, or if the youth has been adjudicated within the jurisdiction of
the court where the proceeding is initiated on grounds specified in ORS
419C.005 (1), and other proceedings involving the youth are pending in the
county of the youths residence. Certified copies of the court records
pertaining to the immediate proceeding shall accompany the case on transfer.
(2) Notwithstanding subsection (1) of this
section, if a youth has no ascertainable residence in any county in this state,
the court of the county wherein a proceeding is initiated may adjudicate any
petition under ORS 419C.005 (1). [1993 c.33 §153; 1995 c.422 §73c]
419C.056
Transfer of jurisdiction by court in county of youths residence. Where a juvenile court proceeding is pending
in a county other than the county in which the youth resides and the case is
transferable, the juvenile court of the county in which the youth resides may
authorize the court in which the case is pending to proceed with the case in
either of the following ways where it will facilitate disposition of the case
without adverse effect on the interests of the youth:
(1) To hear, determine and dispose of the
case in its entirety; or
(2) Prior to transferring the case, to
conduct a hearing into the facts alleged to bring the youth within the
jurisdiction of the juvenile court, to determine the facts and to certify its
findings to the juvenile court of the county in which the youth resides. [1993
c.33 §154]
419C.058
Transfer of jurisdiction to tribal court. (1) The presiding judge of the twenty-second judicial district, with
the approval of the Chief Justice of the Supreme Court, may enter into a
memorandum of understanding with the Confederated Tribes of Warm Springs
regarding the adjudication and disposition of youths and youth offenders.
(2) A memorandum of understanding entered
into under subsection (1) of this section may allow the juvenile court of the
judicial district:
(a) To waive its jurisdiction over a youth
and transfer the case, notwithstanding ORS 419C.005, to the jurisdiction of the
tribal court of the Confederated Tribes of Warm Springs for adjudication; or
(b) After finding the youth to be within
its jurisdiction under ORS 419C.005, to transfer the case to the tribal court
of the Confederated Tribes of Warm Springs for disposition.
(3) A memorandum of understanding entered
into under subsection (1) of this section applies only to youths or youth
offenders who are enrolled members of a federally recognized tribe and who
reside on the Warm Springs Reservation.
(4) A memorandum of understanding entered
into under subsection (1) of this section may contain, but is not limited to,
provisions relating to:
(a) The duration of the memorandum of
understanding;
(b) The cases that are subject to transfer;
(c) Who may request a transfer;
(d) The custody of a youth or youth
offender after transfer; and
(e) The sharing of information about a
case after it has been transferred. [2003 c.415 §2]
419C.059
Facilitation of disposition; interests of youth; authority of court where
proceeding pending to allow other county to conduct hearing or assume
jurisdiction. Where a
proceeding is pending in the juvenile court of any county, the juvenile court
of that county may authorize the juvenile court of any other county to do one
or both of the following, where it will facilitate the disposition of the case
without adverse effect on the interests of the youth:
(1) To conduct a hearing into the facts
alleged to bring the youth within the jurisdiction of the juvenile court, to
determine the facts and to certify its findings to the court in which the case
is pending.
(2) To assume jurisdiction over the case
and administer probation or protection supervision of the youth, where the
court in which the proceeding is pending:
(a) Finds that the youth has moved to the
other county or orders as part of its disposition of the proceeding that legal
custody of the youth be given to a person residing in the other county; and
(b) Is advised that the court of the other
county will accept jurisdiction of the case. The cost of administering
probation or protective supervision of the youth shall be paid by the county
accepting jurisdiction, unless the transferring and receiving counties
otherwise agree. The cost of transporting the youth shall be paid by the county
transferring jurisdiction, unless the transferring and receiving counties
otherwise agree. [1993 c.33 §155]
419C.062
Fact-finding when other county conducts hearing; record. Where the juvenile court of one county is authorized
by the juvenile court of another county to conduct a hearing into facts as
provided in ORS 419C.056 (2) or 419C.059 (1), the facts so found and certified
may be taken as established by the court of the county authorizing the hearing
and, if adopted by written order of the latter court, form a part of its record
in the case. [1993 c.33 §156]
419C.065
Transportation of youth whose case is transferred. If the youth who is the subject of the
proceeding is, at the time of the transfer or temporary transfer provided for
in ORS 419C.053, 419C.056 or 419C.059, in detention or shelter care or for
other reason needs transportation to the other county, the county in which the
youth resides shall make such order or provision for the transportation and
safekeeping of the youth as is appropriate in the circumstances, including an
order directing any peace officer of the county in which the youth resides to
transfer the youth in the manner directed. [1993 c.33 §157]
419C.067
Case transferred to juvenile court after verdict in criminal court. When a case is transferred to the juvenile
court under ORS 137.707, the juvenile court shall enter an order finding the
youth within the jurisdiction of the court under ORS 419C.005 based on the
verdict in the criminal court. The juvenile courts order has the same effect
as an adjudication under ORS 419C.400. [1995 c.422 §82]
CUSTODY
419C.080
Custody; when authorized.
(1) A peace officer, or any other person authorized by the juvenile court of
the county in which the youth is found, may take a youth into custody in the
following circumstances:
(a) When, if the youth were an adult, the
youth could be arrested without a warrant; or
(b) When the juvenile court, by order
indorsed on the summons as provided in ORS 419C.306 or otherwise, has ordered
that the youth be taken into custody.
(2) In any order issued under subsection
(1)(b) of this section that may result in a substitute care placement or
detention, the court shall include a written finding describing why it is in the
best interests of the youth to be taken into custody.
(3) A peace officer or person authorized
by the juvenile court shall take a youth into custody if the peace officer or
person authorized by the juvenile court has probable cause to believe that the
youth, while in or on a public building or court facility within the last 120
days, possessed a firearm or destructive device in violation of ORS 166.250,
166.370 or 166.382. [1993 c.33 §158; 1993 c.546 §59; 1997 c.727 §1; 1999 c.577 §3;
1999 c.1095 §13; 2001 c.686 §8]
419C.085
Citation in lieu of custody.
In lieu of taking a youth into custody, a peace officer may issue a citation to
a youth for the same offenses and under the same circumstances that a citation
may be issued to an adult. Unless the citation is issued for violation of law
or ordinance for which an order has been entered pursuant to ORS 419C.370, the
citation is returnable to the juvenile court of the county in which the
citation is issued. Law enforcement agencies in a county, in consultation with
the juvenile court of the county, may develop a form for citations issued
pursuant to this section. The peace officer shall send a copy of the citation
to the district attorney. [1993 c.33 §159; 2001 c.870 §16]
419C.088
Custody by private person. A
private person may take a youth into custody in circumstances where, if the
youth were an adult, the person could arrest the youth. [1993 c.546 §160; 1993
c.33 §60; 1997 c.727 §2]
419C.091
Custody not arrest. (1)
Custody under ORS 419C.080 and 419C.088 shall not be deemed an arrest so far as
the youth is concerned. All peace officers shall keep a record of youths taken
into custody and shall promptly notify the juvenile court or counselor of all
youths taken into custody.
(2) A peace officer taking a youth into
custody has all the privileges and immunities of a peace officer making an
arrest. [1993 c.33 §161; 1993 c.546 §61; 1997 c.727 §3]
419C.094
Jurisdiction attaches at time youth taken into custody. Except as otherwise provided in ORS 419C.103
(3) and (4), the jurisdiction of the juvenile court of the county in which a
youth is taken into custody under ORS 419C.080 and 419C.088 shall attach from
the time the youth is taken into custody. [1993 c.33 §162; 1993 c.546 §62; 1997
c.727 §4; 1999 c.577 §9]
419C.097
Notice to parents, victim.
(1) As soon as practicable after the youth is taken into custody under ORS
419C.080 and 419C.088, the person taking the youth into custody shall notify
the youths parent, guardian or other person responsible for the youth. The
notice shall inform the parent, guardian or other person of the action taken
and the time and place of the hearing.
(2) If the victim requests, the district
attorney or juvenile department shall notify the victim of the time and place
of the hearing. [1993 c.33 §163; 1993 c.320 §2; 1993 c.546 §63; 1997 c.727 §5;
2007 c.609 §11]
419C.100
Release of youth taken into custody; exceptions. The person taking the youth into custody
under ORS 419C.080 and 419C.088 shall release the youth to the custody of the
youths parent, guardian or other responsible person in this state, except in
the following cases:
(1) When the court has issued a warrant of
arrest against the youth.
(2) When the person taking the youth into
custody has probable cause to believe that release of the youth may endanger
the welfare of the youth, the victim or others.
(3) When the person taking the youth into
custody has probable cause to believe that the youth, while in or on a public
building or court facility within the last 120 days, possessed a firearm or
destructive device in violation of ORS 166.250, 166.370 or 166.382. [1993 c.33 §164;
1993 c.546 §64; 1997 c.727 §6; 1999 c.577 §4; 1999 c.615 §2; 1999 c.1095 §14;
2007 c.609 §12]
419C.103
Procedure when youth is not released; release decision when youth taken into
custody resides in other county. (1) Except as otherwise provided in subsection (2) of this section, if
a youth taken into custody is not released as provided in ORS 419C.100 and the
juvenile court for the county has not established the alternative procedure
authorized in subsection (5) of this section, the person taking the youth into
custody shall, without unnecessary delay, do one of the following:
(a) Take the youth before the court or a
person appointed by the court to effect disposition under ORS 419C.109 and
419C.136.
(b) Take the youth to a place of detention
or shelter care or a public or private agency designated by the court and as
soon as possible thereafter notify the court that the youth has been taken into
custody.
(2) If the person taking the youth into
custody has probable cause to believe that the youth, while in or on a public
building or court facility within the last 120 days, possessed a firearm or
destructive device in violation of ORS 166.250, 166.370 or 166.382, the person
may not release the youth from custody and shall do one of the following
without unnecessary delay:
(a) Take the youth before the court for a
determination of initial disposition under ORS 419C.109 (3); or
(b) Notwithstanding ORS 419C.133, take the
youth to a place of detention and, as soon as possible thereafter, notify the
court and the juvenile department that the youth has been taken into custody
and detained.
(3) Where a youth residing in some other
county is taken into custody the youth may be:
(a) Released to the youths parent,
guardian or other responsible person in this state as provided in ORS 419C.100.
(b) Delivered to a peace officer or
juvenile counselor in the county in which the youth resides, if such delivery
can be made without unnecessary delay. In such event, the person to whom the
youth is delivered shall assume custody of the youth and shall proceed as
provided in this chapter.
(4) Where a youth is released or delivered
as provided in subsection (3) of this section, the jurisdiction of the juvenile
court of the county in which the youth resides shall attach from the time the
youth is taken into custody.
(5) The juvenile court may establish, as
an alternative to the provisions of subsection (1) of this section, that if a
youth taken into custody is not released as provided in ORS 419C.100,
procedures shall be followed that comply with the following:
(a) The person taking the youth into
custody may communicate, by telecommunications or otherwise, with the person
appointed by the court to effect disposition under ORS 419C.109.
(b) After interviewing the person taking
the youth into custody and obtaining such other information as is considered
necessary, the person appointed by the court under ORS 419C.109 to effect
disposition may exercise the authority granted under that section and shall, in
such case, direct that the person taking the youth into custody release the
youth or deliver the youth in accordance with such direction.
(c) The person taking the youth into
custody shall comply with the direction of the person appointed by the court to
effect disposition. [1993 c.33 §165; 1993 c.546 §65; 1997 c.727 §7; 1999 c.577 §5;
1999 c.1095 §15]
419C.106
Report required when youth is taken into custody. (1) Except where the youth is taken into
custody pursuant to an order of the court, the person taking the youth into
custody under ORS 419C.080 and 419C.088 shall promptly file with the court or a
counselor a brief written report stating all of the following:
(a) The youths name, age and address.
(b) The name and address of the person
having legal or physical custody of the youth.
(c) Efforts to notify the person having
legal or physical custody of the youth and the results of those efforts.
(d) Reasons for and circumstances under
which the youth was taken into custody and, if known, the name and contact
information of any victim.
(e) If the youth is not taken to court,
the placement of the youth.
(f) If the youth was not released, the
reason why the youth was not released.
(g) If the youth is not taken to court,
why the type of placement was chosen.
(2) The person taking the youth into
custody under ORS 419C.080 and 419C.088 shall also send a copy of the report
under subsection (1) of this section to the district attorney. [1993 c.33 §166;
1993 c.546 §66; 1997 c.727 §8; 2001 c.870 §17; 2007 c.609 §13]
419C.109
Initial disposition of youth taken into custody. (1) Except as otherwise provided in
subsection (3) of this section, the court may designate a person to effect
disposition of a youth taken into custody or brought before the court under ORS
419C.097, 419C.100, 419C.103 and 419C.106. If the requirements of ORS 419C.145
(3) are met, the person may do any of the following when the person has taken
custody of a youth or has authority to effect disposition of a youth taken into
custody:
(a) Release the youth to the custody of a
parent, guardian or other responsible person.
(b) Release the youth on the youths own
recognizance when appropriate.
(c) Upon a finding that release of the
youth on the youths own recognizance is unwarranted, or upon order of the
court or if probable cause exists to believe the youth may be detained under
ORS 419C.145, 419C.150, 419C.153, 419C.156, 419C.159 or 419C.453, place the
youth on conditional release.
(d) Subject to ORS 419A.059, 419A.061,
419C.130 and 419C.133, place the youth in shelter care or detention. The youth
shall be placed in shelter care rather than detention, unless the person has
probable cause to believe that the court will be able to detain the youth under
ORS 419C.145, 419C.150, 419C.153, 419C.156, 419C.159 or 419C.453.
(e) Pursuant to order of the court made
subsequent to the filing of a petition, hold, retain or place the youth in
detention or shelter care subject to further order.
(f) Exercise authority to detain the youth
as provided in ORS 419C.136.
(2) If the youth is released under
subsection (1) of this section, the person releasing the youth may issue a
summons to the youth requiring the youth to appear before the court. The
summons must include the date, time and location for the youth to appear before
the court. The person releasing the youth shall inform the juvenile court,
which may review the release as provided in ORS 419C.153. If the youth fails to
appear on the date and time required by the summons, the court may issue a
warrant for the arrest of the youth.
(3)(a) When a youth is retained in custody
under ORS 419C.100 (3) and 419C.103 (2) and a petition is filed under ORS
419C.005 alleging that the youth, while in or on a public building or court
facility within the last 120 days, possessed a firearm or destructive device in
violation of ORS 166.250, 166.370 or 166.382, the court shall determine the
youths initial disposition at a hearing conducted pursuant to ORS 419C.145.
The parties to the hearing are the youth, the juvenile department and the
state, represented by the district attorney.
(b) The court shall inform the youth:
(A) Of the youths rights, including the
right to be represented by counsel and the right to remain silent; and
(B) Of the allegations against the youth.
(c) The court shall make a determination
under ORS 419C.145 whether the youth should remain in detention pending
adjudication on the merits. The court may order that the hearing be continued
and that the youth remain in detention for a reasonable period of time not to
exceed seven days if the court finds:
(A) That additional information concerning
the youth is necessary to aid the court in making the determination under ORS
419C.145; and
(B) There is probable cause to believe
that the youth, while in or on a public building or court facility within the
last 120 days, possessed a firearm or destructive device in violation of ORS
166.250, 166.370 or 166.382.
(d) If the court orders that the hearing
be continued and that the youth remain in detention under paragraph (c) of this
subsection, in addition to and not in lieu of any other order the court may
make, the court may order a mental health assessment or screening of the youth.
(e) If the court determines that the youth
should not be detained pending adjudication on the merits, the court may order
any other preadjudication disposition authorized. [1993 c.33 §169; 1993 c.546 §67;
1995 c.422 §73d; 1999 c.577 §6; 1999 c.1095 §16]
DETENTION
419C.125
Detention in place where adults are detained of certain persons alleged to be
within courts jurisdiction.
(1) A juvenile court may order a person who is 18 years of age or older and
alleged to be within the jurisdiction of the juvenile court under ORS 419C.005
to be detained in a jail or other place where adults are detained only in those
circumstances in which the juvenile court could detain a youth before
adjudication on the merits in a detention facility.
(2) In order to detain a person under
subsection (1) of this section, the court shall make case-specific findings at
a hearing under ORS 419C.145 that placement in a jail or other place where
adults are detained meets the specific needs of the person alleged to be within
the jurisdiction of the court.
(3) The court may not detain a person
under subsection (1) of this section unless, except for the persons age, the
court would detain the person under ORS 419C.145 (2).
(4) The provisions of ORS 419C.153 apply
to a person detained under subsection (1) of this section except that a person
detained under subsection (1) of this section has the right to appear in person
at any hearing held under ORS 419C.153.
(5) The provisions of ORS 419C.150 apply
to a person detained under subsection (1) of this section.
(6) 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. [2003 c.442 §2]
419C.130
Youth or youth offender may not be detained where adults are detained;
exceptions. (1) A youth or
youth offender may not be detained at any time in a police station, jail,
prison or other place where adults are detained, except as follows:
(a) A youth or youth offender may be
detained in a police station for up to five hours when necessary to obtain the
youth or youth offenders name, age, residence and other identifying
information.
(b) A youth waived under ORS 419C.349 or
419C.364 to the court handling criminal actions or to municipal court may be
detained in a jail or other place where adults are detained, except that any
such person under 16 years of age shall, prior to conviction or after
conviction but prior to execution of sentence, be detained, if at all, in a
facility used by the county for the detention of youths.
(c) When detention is authorized by ORS
419C.453, a youth offender may be detained in a jail or other place where
adults are detained.
(2) A youth waived to the court handling
criminal actions or to municipal court pursuant to a standing order of the
juvenile court under ORS 419C.370, including a youth accused of nonpayment of
fines, may not be detained in a jail or other place where adults are detained.
(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 §167; 1993 c.546 §115; 2003 c.442 §4]
419C.133
Detention of youth under 12 years of age; judicial review required. No youth under 12 years of age shall be
placed in detention except pursuant to judicial review and written findings
describing why it is in the best interests of the youth to be placed in
detention. Such review may be ex parte, and the youth does not need to be
present. However, a juvenile court judge or referee must determine that the
youth is eligible for detention under ORS 419C.145 or 419C.156 and that
appropriate alternative methods of controlling the youths behavior are
unavailable. A youth detained under this section shall have the right to a
hearing as provided in ORS 419C.153. [1993 c.33 §168; 2001 c.686 §9]
419C.136
Temporary hold to develop release plan; duration. If a parent, guardian or other person
responsible for the youth cannot be found or will not take responsibility for
the youth, no appropriate shelter care space is available and the youth cannot
be released safely on recognizance or conditionally, a youth who is accused of
an act which would be a crime if committed by an adult may be detained for a
period of time not exceeding 36 hours from the time the youth first is taken
into custody to allow the juvenile department counselor or other person
designated by the juvenile court to develop a release plan to insure the youths
safety and appearance in court. Such detention shall conform to the limitations
of ORS 419C.130. [1993 c.33 §170; 1995 c.422 §73e]
419C.139
Speedy hearing on detention cases. No youth shall be held in detention or shelter care more than 36
hours, excluding Saturdays, Sundays and judicial holidays, except on order of
the court made pursuant to a hearing under ORS 419C.109 (3), 419C.145,
419C.150, 419C.153, 419C.156 and 419C.159. [1993 c.33 §171; 1995 c.422 §73f;
1999 c.577 §7]
419C.142
Notice of detention hearing.
(1) Whenever a hearing concerning the detention of a youth under this chapter
is held, notice of the hearing shall be given to:
(a) The youth;
(b) If any can be found, to a parent or
guardian of the youth or to any other person responsible for the youth; and
(c) If the victim requests notice, the
victim.
(2) The notice shall state the time, place
and purpose of the hearing. If a parent, guardian or other person cannot be
found and personally notified prior to the hearing, a written notice of the
hearing shall be left at the residence, if known, of a parent, guardian or
other person. [1993 c.33 §172; 2007 c.609 §14]
419C.145
Preadjudication detention; grounds. (1) A youth may be held or placed in detention before adjudication on
the merits if one or more of the following circumstances exists:
(a) The youth is a fugitive from another
jurisdiction;
(b) The youth is alleged to be within the
jurisdiction of the court under ORS 419C.005, by having committed or attempted
to commit an offense which, if committed by an adult, would be chargeable as:
(A) A crime involving infliction of
physical injury to another person;
(B) A misdemeanor under ORS 166.023; or
(C) Any felony crime;
(c) The youth has willfully failed to
appear at one or more juvenile court proceedings by having disobeyed a proper
summons, citation or subpoena;
(d) The youth is currently on probation
imposed as a consequence of the youth previously having been found to be within
the jurisdiction of the court under ORS 419C.005, and there is probable cause
to believe the youth has violated one or more of the conditions of that
probation;
(e) The youth is subject to conditions of
release pending or following adjudication of a petition alleging that the youth
is within the jurisdiction of the court pursuant to ORS 419C.005 and there is
probable cause to believe the youth has violated a condition of release;
(f) The youth is alleged to be in
possession of a firearm in violation of ORS 166.250; or
(g) The youth is required to be held or
placed in detention for the reasonable protection of the victim.
(2) A youth detained under subsection (1)
of this section must be released to the custody of a parent or other
responsible person, released upon the youths own recognizance or placed in
shelter care unless the court or its authorized representative makes written
findings that there is probable cause to believe that the youth may be detained
under subsection (1) of this section, that describe why it is in the best
interests of the youth to be placed in detention and that one or more of the
following circumstances are present:
(a) No means less restrictive of the youths
liberty gives reasonable assurance that the youth will attend the adjudicative
hearing; or
(b) The youths behavior endangers the
physical welfare of the youth, the victim or another person, or endangers the
community.
(3) When a youth is ordered held or placed
in detention, the court or its authorized representative shall state in writing
the basis for its detention decision and a finding describing why it is in the
best interests of the youth to be placed in detention. The youth shall have the
opportunity to rebut evidence received by the court and to present evidence at
the hearing.
(4) In determining whether release is
appropriate under subsection (2) of this section, the court or its authorized
representative shall consider the following:
(a) The nature and extent of the youths
family relationships and the youths relationships with other responsible
adults in the community;
(b) The youths previous record of
referrals to juvenile court and recent demonstrable conduct;
(c) The youths past and present
residence;
(d) The youths education status and
school attendance record;
(e) The youths past and present
employment;
(f) The youths previous record regarding
appearance in court;
(g) The nature of the charges against the
youth and any mitigating or aggravating factors;
(h) The youths mental health;
(i) The reasonable protection of the
victim; and
(j) Any other facts relevant to the
likelihood of the youths appearance in court or likelihood that the youth will
comply with the law and other conditions of release.
(5) Notwithstanding subsection (2) of this
section, the court may not release a youth when:
(a) There is probable cause to believe the
youth committed an offense that, if committed by an adult, would constitute a
violent felony; and
(b) There is clear and convincing evidence
that the youth poses a danger of serious physical injury to or sexual
victimization of the victim or members of the public while the youth is on
release. [1993 c.33 §173; 1993 c.546 §130; 1995 c.422 §73g; 1999 c.577 §10;
2001 c.686 §10; 2005 c.631 §5; 2007 c.609 §15]
419C.150
Time limitations on detention.
(1) A youth may be held in detention under this section and ORS 419C.145,
419C.153 and 419C.156 for a maximum of 28 days except for good cause shown
prior to the expiration of the 28-day period. If good cause for continued
detention is shown, the period of detention may be extended for no more than an
additional 28 days unless the adjudication is continued with the express
consent of the youth.
(2) Subsection (1) of this section does
not apply to a youth alleged to be within the jurisdiction of the juvenile
court for having committed an act that would be murder, attempted murder,
conspiracy to commit murder or treason if committed by an adult and if proof of
the act is evident or the presumption strong that the youth committed the act.
The juvenile court may conduct such hearing as the court considers necessary to
determine whether the proof is evident or the presumption strong. [1993 c.33 §174]
419C.153
Detention review or release hearing. Any youth ordered detained under ORS 419C.145, 419C.150 and 419C.156
shall have a review hearing at least every 10 days, excluding Saturdays,
Sundays and judicial holidays. At the review hearing the court shall determine
whether sufficient cause exists to require continued detention of the youth. In
addition, the court may review and may confirm, revoke or modify any order for
the detention or release of the youth under this section or ORS 419C.109,
419C.136, 419C.139, 419C.145, 419C.150 or 419C.156 and, in the event that the
youth is alleged to have committed an offense which if committed by an adult
would be a misdemeanor or Class C felony, may do so ex parte. Release of a
youth may not be revoked, however, except upon a finding that the youth may be
detained under this section or ORS 419C.145, 419C.150 and 419C.156, and after a
hearing is held in accordance with ORS 419C.109, 419C.136 and 419C.139. If the
victim requests, the district attorney or juvenile department shall notify the
victim of the review hearing. [1993 c.33 §175; 2003 c.687 §12; 2007 c.609 §16]
419C.156
Detention of runaway from another state. Notwithstanding ORS 419C.145 (1) and (2), the court may order the
detention of a youth who resides in another state if the court makes written
findings that there is probable cause to believe that the youth has run away
from home or from a placement and that describe why it is in the best interests
of the youth to be placed in detention. If a youth is ordered detained under
this section, the court shall make such orders as are necessary to cause the
youth to be immediately returned to the youths state of residence. [1993 c.33 §176;
2001 c.686 §11]
419C.159
Escape; punishment. Any
youth 12 years of age or older, alleged to be within the jurisdiction of the
juvenile court by reason of having committed an act which would be a crime if
committed by an adult, who escapes from a juvenile detention facility as
defined in ORS 419A.004 after having been placed in the facility pursuant to
the filing of a petition alleging that the youth has committed an act which
would be a crime if committed by an adult commits a violation punishable by
placement in a detention facility for youths for a specific period of time not
to exceed eight days, in addition to time already spent in the facility, when
such punishment is ordered by the juvenile court pursuant to ORS 419C.453. [1993
c.33 §177]
SHELTER
HEARINGS
419C.170
Time limitations on shelter care. No youth shall be held in shelter care more than 36 hours, excluding
Saturdays, Sundays and judicial holidays, except on order of the court made
pursuant to a hearing under ORS 419C.145, 419C.150, 419C.153 and 419C.156. [1993
c.33 §178; 1995 c.422 §73h]
419C.173
Evidentiary hearing. (1)
When the youth is taken, or is about to be taken, into temporary custody
pursuant to ORS 419C.080 and 419C.088 and placed in shelter care, a parent or
youth shall be given the opportunity to present evidence to the court at the
hearing specified in ORS 419C.170, and at any subsequent review hearing, that
the youth can be returned home without further danger of suffering physical
injury or emotional harm, endangering or harming others, or not remaining
within the reach of the court process prior to adjudication.
(2) If the victim requests, the district
attorney or juvenile department shall notify the victim of a hearing under this
section.
(3) At the hearing:
(a) The court shall make a written finding
as to whether reasonable efforts have been made, considering the circumstances
of the youths conduct, to prevent or eliminate the need for removal of the
youth from the home;
(b) In determining whether a youth shall
be removed or continued out of the home, the court shall consider whether the
provision of reasonable and available services can prevent or eliminate the need
to remove the youth from the home; and
(c) The court shall make a written finding
in every order of removal that it is in the best interest of the youth and the
community that the youth be removed from the home or continued in care. [1993
c.33 §179; 1993 c.295 §6; 1993 c.546 §131; 1999 c.92 §1; 2007 c.609 §17]
419C.176
Conditional release by court.
If the court finds that release of the youth on the youths own recognizance is
unwarranted and if probable cause exists to believe that the youth may be detained
under ORS 419A.063, 419C.145 or 419C.453, the court may make a conditional
release of the youth subject to such conditions as will protect the safety of
the youth, the victim, other persons and the community and insure the youths
appearance in court. [1993 c.33 §180; 2007 c.609 §18]
419C.179
Release security provisions not applicable. Provisions regarding security for release in criminal cases shall not
be applicable to youths held or taken into custody as provided in this chapter.
[1993 c.33 §181; 1999 c.1051 §271]
COURT-APPOINTED
COUNSEL
419C.200
Court-appointed counsel for youth. (1) If the youth, the parent or guardian requests counsel for the
youth but is without sufficient financial means to employ suitable counsel
possessing skills and experience commensurate with the nature of the petition
and the complexity of the case, the court may appoint suitable counsel to
represent the youth at state expense if the youth is determined to be
financially eligible under the policies, procedures, standards and guidelines
of the Public Defense Services Commission. Whenever requested to do so, the
court shall appoint counsel to represent the youth in every case filed pursuant
to ORS 419C.005 in which the youth would be entitled to appointed counsel if the
youth were an adult charged with the same offense. 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) Upon presentation of the order of
appointment under this section by the attorney for the youth, any agency,
hospital, school organization, division or department of the state, doctor,
nurse or other health care provider, psychologist, psychiatrist, police
department or mental health clinic shall permit the attorney to inspect and
copy any records of the youth or youths involved in the case, without the
consent of the youth or youths or parents. This subsection does not apply to
records of a police agency relating to an ongoing investigation prior to
charging. [1993 c.33 §182; 1993 c.234 §2; 1993 c.546 §68; 2001 c.962 §49; 2003
c.449 §§12,48]
419C.203
Payment for compensation of counsel. (1) When the court appoints counsel to represent a youth, it may order
the youth, if able, 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 youth, 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.
(2) The test of the youths, parents or
estates ability to pay costs under subsection (1) of this section is the same
test as applied to appointment of counsel for defendants under ORS 135.050 or
under the policies, procedures, standards and guidelines adopted 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.
(3) If counsel is provided at state
expense, the court shall determine the amount the youth, 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.
(4) In determining whether to order the
youth to pay costs under subsection (1) of this section, the court shall also
consider the reformative effect of having the youth pay. The court may order
that a portion of any moneys earned by the youth in juvenile work projects be
used to pay costs ordered under subsection (1) of this section.
(5) The courts order of payment is enforceable
in the same manner as an order of support under ORS 419C.600. [1993 c.33 §183;
1997 c.761 §§7,7a; 2001 c.962 §50; 2003 c.449 §13]
419C.206
Compensation for counsel when youth, parent or guardian cannot pay. When the court appoints counsel for the
youth and the youth is determined to be entitled to, and financially eligible
for, appointment of counsel at state expense and the parent or guardian is
without sufficient financial means to employ counsel, the compensation for
counsel and reasonable fees and expenses of investigation, preparation and
presentation paid or incurred shall be determined and paid as provided in ORS
135.055. [1993 c.33 §184; 2001 c.962 §51; 2003 c.449 §31]
419C.209
Applicability of other laws.
Appointment of counsel for the youth or parent is subject to ORS 135.055,
151.216 and 151.219. [1993 c.33 §186; 2001 c.962 §52]
EDUCATIONAL
SURROGATE
419C.220
Appointment of surrogate.
(1) Upon the request of any party, the court shall appoint a surrogate for a
youth or youth offender who is temporarily or permanently in the custody of, or
committed to, a public or private agency through the action of the juvenile
court if:
(a) The court finds that the youth or
youth offender may be eligible for special education programs because of a
disabling condition as provided in ORS chapter 343;
(b) The youth or youth offender does not
already have a surrogate appointed by a school district or other educational
agency; and
(c) The requesting party nominates a
person who is willing to serve as the surrogate and who meets the requirements
described in subsection (2) of this section.
(2) A surrogate appointed under this
section:
(a) May not be an employee of the state
educational agency, a school district or any other agency that is involved in the
education or care of the youth or youth offender;
(b) May not have a conflict of interest
that would interfere with the surrogate representing the special education
interests of the youth or youth offender; and
(c) Shall have knowledge and skills that
ensure that the surrogate can adequately represent the youth or youth offender
in special education decisions. [1993 c.33 §187; 2003 c.396 §100; 2005 c.662 §15]
419C.223
Duties and tenure. A person
that is appointed surrogate for a youth offender has the duty and authority to
protect the due process rights of the youth offender with respect to the
provision of free appropriate public education. A surrogate appointed by the
court shall immediately apply to the attending school district for an evaluation
of the youth offenders eligibility for special education and shall participate
in the development of the youth offenders educational plan as provided in ORS
chapter 343. The duties and responsibilities of the surrogate shall continue
until whichever of the following occurs first:
(1) The youth offender is 21 years of age;
(2) The youth offender is determined to be
no longer eligible for special education; or
(3) The juvenile court terminates
jurisdiction of the youth offender and determines that the youth offenders
parent or guardian is both known and available to protect the special
educational rights of the youth offender. [1993 c.33 §188; 2003 c.396 §101]
AUTHORIZED
DIVERSION PROGRAMS
419C.225
Authorized diversion programs.
(1) Following a review of a police report and other relevant information, a
county juvenile department may refer a youth to an authorized diversion program
if the youth is eligible to enter into a formal accountability agreement under
ORS 419C.230.
(2) An authorized diversion program may
include a youth court, mediation program, crime prevention or chemical
substance abuse education program or other program established for the purpose
of providing consequences and reformation and preventing future delinquent
acts. [2001 c.485 §5]
419C.226
Youth courts. (1) An
organization may establish and operate a youth court only with the agreement
and cooperation of a county juvenile department. To establish a youth court,
the organization and the county juvenile department must enter into a written
agreement that:
(a) Describes the types of cases that may
be referred to the youth court;
(b) Establishes protocols for handling the
cases, including time limits to be observed; and
(c) Establishes data collection and
outcome reporting requirements.
(2) A youth court in existence on January
1, 2002, may continue to operate in the form in which it exists on January 1,
2002.
(3) A youth court may be described by
other terms including, but not limited to, a peer court, teen court or peer
jury. [2001 c.485 §6]
Note: Section 2, chapter 250, Oregon Laws 2001,
provides:
Sec.
2. (1) Following a review of
a police report and other relevant information, a county juvenile department
may refer a youth to a youth court if the youth is eligible to enter into a
formal accountability agreement under ORS 419C.230.
(2)(a) An organization may establish and
operate a youth court only with the agreement and cooperation of a county
juvenile department. To establish a youth court, the organization and the county
juvenile department must enter into a written agreement that:
(A) Describes the types of cases to be
referred to the youth court;
(B) Establishes protocols for handling the
cases, including time limits to be observed; and
(C) Establishes data collection and
outcome reporting requirements.
(b) A youth court in existence on the
effective date of this 2001 Act [January 1, 2002] may continue to operate in
the form in which it exists on the effective date of this 2001 Act.
(c) A youth court may be described by
other terms including, but not limited to, a peer court, teen court or peer
jury. [2001 c.250 §2]
FORMAL
ACCOUNTABILITY AGREEMENTS
419C.230
Formal accountability agreements; when appropriate; consultation with victim. (1) A formal accountability agreement may be
entered into when a youth has been referred to a county juvenile department,
and a juvenile department counselor has probable cause to believe that the
youth may be found to be within the jurisdiction of the juvenile court for one
or more acts specified in ORS 419C.005.
(2) Notwithstanding subsection (1) of this
section, unless authorized by the district attorney, a formal accountability
agreement may not be entered into when the youth:
(a) Is alleged to have committed an act
that if committed by an adult would constitute:
(A) A felony sex offense under ORS
163.355, 163.365, 163.375, 163.385, 163.395, 163.405, 163.408, 163.411, 163.425
or 163.427; or
(B) An offense involving the use or
possession of a firearm, as defined in ORS 166.210, or destructive device, as
described in ORS 166.382; or
(b) Is being referred to the county
juvenile department for a second or subsequent time for commission of an act
that if committed by an adult would constitute a felony.
(3) The juvenile department must consult
the victim before entering into a formal accountability agreement if:
(a) The victim has requested consultation
in plea negotiations; and
(b) The formal accountability agreement
involves an alleged act that if committed by an adult would constitute a
violent felony. [1993 c.33 §189; 1995 c.422 §74; 1999 c.577 §8; 2007 c.609 §19]
419C.233
Nature of agreement. A
formal accountability agreement is a voluntary contract between a youth
described in ORS 419C.230 and a juvenile department whereby the youth agrees to
fulfill certain conditions in exchange for not having a petition filed against
the youth. [1993 c.33 §190; 1995 c.422 §123]
419C.236
Agreement may require counseling, community service, education, treatment or
training; restitution. (1) A
formal accountability agreement may require participation in or referral to
counseling, a period of community service, drug or alcohol education or
treatment, vocational training or any other legal activity which in the opinion
of the counselor would be beneficial to the youth.
(2) A formal accountability agreement may
require that the youth make restitution to any person who was physically
injured or who suffered loss of or damage to property as a result of the
conduct alleged. Before setting the amount of restitution, the juvenile
department shall consult with the victim concerning the amount of damage.
Restitution does not limit or impair the right of a victim to sue in a civil
action for damages suffered, nor shall the fact of consultation by the victim
be admissible in such civil action to prove consent or agreement by the victim.
However, the court shall credit any restitution paid by the youth to a victim
against any judgment in favor of the victim in such civil action. [1993 c.33 §191;
1995 c.422 §124]
419C.237
Agreement may require mental health evaluation. If a youth enters into a formal
accountability agreement under ORS 419C.230, and a juvenile department
counselor has probable cause to believe that the youth may be found to be
within the jurisdiction of the juvenile court for an act that would be a
violation of ORS 167.315, 167.320, 167.322 or 167.333 if done by an adult, the
agreement may provide for the youth to undergo psychiatric, psychological or
mental health evaluation and, if warranted by the mental condition of the
youth, undergo appropriate care or treatment. [2001 c.926 §5]
419C.239
Requirements of agreement; disclosure. (1) A formal accountability agreement shall:
(a) Be completed within a period of time
not to exceed one year;
(b) Be voluntarily entered into by all
parties;
(c) Be revocable by the youth at any time
by a written revocation;
(d) Be revocable by the juvenile
department in the event the department has reasonable cause to believe the
youth has failed to carry out the terms of the formal accountability agreement
or has committed a subsequent offense;
(e) Not be used as evidence against the
youth at any adjudicatory hearing;
(f) Be executed in writing and expressed
in language understandable to the persons involved;
(g) Be signed by the juvenile department,
the youth, the youths parent or parents or legal guardian, and the youths
counsel, if any;
(h) Become part of the youths juvenile
department record; and
(i) When the youth has been charged with
having committed the youths first violation of a provision under ORS 475.860
(3)(b) or 475.864 (3) and unless the juvenile department determines that it
would be inappropriate in the particular case:
(A) Require the youth to participate in a
diagnostic assessment and an information or treatment program as recommended by
the assessment. The agencies or organizations providing assessment or programs
of information or treatment must be the same as those designated by the court
under ORS 419C.443 (1) and must meet the standards set by the Director of Human
Services. The parent of the youth shall pay the cost of the youths
participation in the program based upon the ability of the parent to pay.
(B) Monitor the youths progress in the
program which shall be the responsibility of the diagnostic assessment agency
or organization. It shall make a report to the juvenile department stating the
youths successful completion or failure to complete all or any part of the
program specified by the diagnostic assessment. The form of the report shall be
determined by agreement between the juvenile department and the diagnostic
assessment agency or organization. The juvenile department shall make the
report a part of the record of the case.
(2) Notwithstanding any other provision of
law, the following information contained in a formal accountability agreement
under ORS 419C.230 is not confidential and is not exempt from disclosure:
(a) The name and date of birth of the
youth;
(b) The act alleged; and
(c) The portion of the agreement providing
for the disposition of the youth. [1993 c.33 §192; 1995 c.422 §76; 1995 c.440 §4;
1997 c.615 §1; 2005 c.708 §53]
419C.242
Revocation and modification of agreement. (1) If a formal accountability agreement is revoked pursuant to ORS
419C.239, the juvenile department shall either extend the agreement pursuant to
subsection (2) of this section or file a petition with the juvenile court, and
an adjudicatory hearing may be held.
(2) If the juvenile department has
reasonable cause to believe that the youth has failed to carry out the terms of
the formal accountability agreement or has committed a subsequent offense, in
lieu of revoking the agreement, the department may modify the terms of the
agreement and extend the period of the agreement for an additional six months
from the date on which the modification was made with the consent of the youth
and the youths counsel, if any. The period of a formal accountability
agreement may be extended only once under this subsection. [1993 c.33 §193;
1995 c.422 §125]
419C.245
Right to counsel. The
juvenile department counselor shall inform a youth and the youths parents or
guardian of the youths right to counsel and to appointed counsel at state
expense, if the youth is determined to be financially eligible under the
policies, procedures, standards and guidelines of the Public Defense Services
Commission. The right to counsel shall attach prior to the youths entering
into a formal accountability agreement. [1993 c.33 §194; 1995 c.422 §126; 2001
c.962 §84; 2003 c.449 §14]
PETITION
419C.250
Who may file petition; form.
(1) The state, acting through the district attorney, Attorney General or, when
authorized by the district attorney, the juvenile department counselor, may
file a petition alleging that a youth is within the jurisdiction of the court
as provided in ORS 419C.005.
(2) At any time after a petition is filed,
the court may make an order providing for the temporary custody of the youth.
(3) The petition and all subsequent court
documents in the proceeding shall be entitled, In the Matter of ________, a
youth. The petition shall be in writing and verified upon the information and
belief of the petitioner. [1993 c.546 §70 (enacted in lieu of 1993 c.33 §195);
1995 c.422 §77; 1999 c.59 §120]
419C.255
Facts to be pleaded. (1) The
petition shall set forth in ordinary and concise language such of the following
facts as are known and indicate any which are not known:
(a) The name, age and residence of the
youth.
(b) The facts which bring the youth within
the jurisdiction of the court as provided in ORS 419C.005.
(c) The name and residence of the youths
parents or, if the youth has no parents or the names and residences of both
parents are unknown, then the name and address of the youths guardian, if the
youth has a guardian.
(d) The name and residence of the person
having physical custody of the youth.
(2) A petition alleging jurisdiction under
ORS 419C.005 shall set forth in addition the name of any person who was
physically injured or who suffered loss of or damage to property as a result of
the conduct alleged. [1993 c.33 §198; 2007 c.609 §20]
419C.258
Service. A true copy of the
petition shall be served, together with the summons, upon all persons upon whom
summonses are served under ORS 419C.300, 419C.303 and 419C.306. The petitioner,
or an attorney for the petitioner, must certify on the copy that the copy is an
exact and complete copy of the original summons and complaint. [1993 c.33 §199;
1995 c.273 §23]
419C.261
Amendment and dismissal of petition; consultation with victim. (1) The court, on motion of an interested
party or on its own motion, may at any time direct that the petition be
amended. If the amendment results in a substantial departure from the facts
originally alleged, the court shall grant such continuance as the interests of
justice may require. When the court directs the amendment of a petition
alleging that a youth has committed an act that would constitute a sex crime,
as defined in ORS 181.594, if committed by an adult, the court shall make
written findings stating the reason for directing the amendment.
(2)(a) The court may set aside or dismiss
a petition filed under ORS 419C.005 in furtherance of justice after considering
the circumstances of the youth and the interests of the state in the
adjudication of the petition.
(b) If the victim requests notice, the
district attorney or juvenile department shall notify the victim of a hearing
to amend the petition in advance of the hearing.
(c) When the court sets aside or dismisses
a petition alleging that a youth has committed an act that would constitute a
sex crime, as defined in ORS 181.594, if committed by an adult, the court shall
make written findings stating the reason for setting aside or dismissing the
petition.
(3) The district attorney or juvenile
department must consult the victim regarding plea negotiations if:
(a) The victim has requested to be
consulted regarding plea negotiations;
(b) The petition alleges the youth
committed an act that would constitute a violent felony, as defined in ORS
419A.004, if committed by an adult; and
(c) The negotiations could lead to an
amendment of the petition for purposes of obtaining an admission from the
youth. [1993 c.33 §200; 1995 c.422 §77a; 2001 c.803 §7; 2007 c.609 §23]
CRIMINAL
PROCEDURE LAWS
419C.270
Application of criminal procedure laws. In all proceedings brought under ORS 419C.005, the following rules of
criminal procedure apply:
(1) ORS 133.673, 133.693 and 133.703;
(2) ORS 135.455, 135.465 and 135.470;
(3) ORS 135.610, 135.630 (3) to (6),
135.640 and 135.670;
(4) ORS 135.711, 135.713, 135.715,
135.717, 135.720, 135.725, 135.727, 135.730, 135.733, 135.735, 135.737, 135.740
and 135.743;
(5) ORS 135.805 and 135.815 (1)(a) to (e)
and (2);
(6) ORS 135.825, 135.835, 135.845 and
135.855 to 135.873; and
(7) ORS 136.432. [1993 c.546 §72; 1997
c.313 §31; 1999 c.304 §§7,8; 2007 c.581 §4; 2007 c.609 §21]
419C.273
Right of victim to be present at proceedings; advice of rights; notice; effect
on validity of proceedings. (1)(a)
The victim of any act alleged in a petition filed under this chapter may be
present at and, upon request, must be informed in advance of critical stages of
the proceedings held in open court when the youth or youth offender will be
present.
(b) The victim must be informed of any
constitutional rights of the victim. Except as provided in ORS 147.417, the
district attorney or juvenile department must ensure that victims are informed
of their constitutional rights. If a victim requests, the district attorney or
juvenile department must support the victim in exercising the victims
constitutional rights.
(2)(a) The victim has the right, upon
request, to be notified in advance of or to be heard at:
(A) A detention or shelter hearing;
(B) A hearing to review the placement of
the youth or youth offender; or
(C) A dispositional hearing.
(b) For a release hearing, the victim has
the right:
(A) Upon request, to be notified in
advance of the hearing;
(B) To appear personally at the hearing;
and
(C) If present, to reasonably express any
views relevant to the issues before the court.
(c) Failure to notify the victim of a
hearing under this subsection or failure of the victim to appear at the hearing
does not affect the validity of the proceeding.
(3) If the victim is not present at a
critical stage of the proceeding, the court shall ask the district attorney or
juvenile department whether the victim requested to be notified of critical
stages of the proceedings. If the victim requested to be notified, the court
shall ask the district attorney or juvenile department whether the victim was
notified of the date, time and place of the hearing. The validity of the
proceeding is not affected by the failure to notify the victim of a hearing or
failure of the victim to appear at a hearing that is a critical stage of the
proceeding, including but not limited to hearings under ORS 135.953, 181.823,
419A.262, 419C.097, 419C.142, 419C.173, 419C.261, 419C.450 or 419C.653.
(4) As used in this section:
(a) Critical stage of the proceeding
means a hearing that:
(A) Affects the legal interests of the
youth or youth offender;
(B) Is held in open court; and
(C) Is conducted in the presence of the
youth or youth offender.
(b) Critical stage of the proceeding
includes, but is not limited to:
(A) Detention and shelter hearings;
(B) Hearings to review placements;
(C) Hearings to set or change conditions
of release;
(D) Hearings to transfer proceedings or to
transfer parts of proceedings;
(E) Waiver hearings;
(F) Adjudication and plea hearings;
(G) Dispositional hearings, including but
not limited to restitution hearings;
(H) Review or dispositional review
hearings;
(I) Hearings on motions to amend, dismiss
or set aside petitions, orders or judgments;
(J) Probation violation hearings,
including probation revocation hearings, when the basis for the alleged
violation directly implicates a victims rights or well-being;
(K) Hearings for relief from the duty to
report under ORS 181.823; and
(L) Expunction hearings.
(5) Nothing in this section creates a
cause of action for compensation or damages. This section may not be used to
invalidate an accusatory instrument, ruling of the court or otherwise suspend
or terminate any proceeding at any point after the case is commenced or on
appeal. [2007 c.609 §2]
419C.276
When address and phone number of victim or witness not to be disclosed to youth
or youth offender; deposition of victim; when contact with victim prohibited;
effect of threats by youth or youth offender. (1) If a victim or witness requests, the court shall order that the
address and telephone number of the victim or witness not be given to the youth
or youth offender unless good cause is shown to the court.
(2) If contacted by the attorney of the
youth or youth offender, an agent of the youth or youth offender, or an agent
of the attorney of the youth or youth offender, a victim must be clearly
informed by the attorney or agent, either in person or in writing:
(a) Of the identity and capacity of the
person contacting the victim;
(b) That the victim does not have to talk
to the attorney or agent, or provide other discovery unless the victim wishes;
and
(c) That the victim may have a
representative of the state present during any interview.
(3) Unless the victim consents after
receiving a full advice of rights as provided in subsection (2) of this
section, a victim may not be required to be interviewed or deposed by or give
discovery to the youth or youth offender or the attorney for the youth or youth
offender, or an agent of the attorney or youth or youth offender. This
subsection does not prohibit the youth or youth offender from:
(a) Subpoenaing or examining the victim in
a proceeding when the purpose is other than for discovery; or
(b) Subpoenaing books, papers or documents
as provided in ORS 136.580.
(4) Any preadjudication release order must
prohibit any contact with the victim, either directly or indirectly, unless
specifically authorized by the court. This subsection does not limit contact by
the attorney for the youth or youth offender, or an agent of the attorney,
other than the youth or youth offender, in the manner set forth in subsection
(2) of this section.
(5)(a) If a victim notifies the district
attorney or juvenile department that the youth or youth offender, by direct or
indirect contact, threatened or intimidated the victim, the district attorney
or juvenile department shall notify the court and the attorney for the youth or
youth offender. If the youth or youth offender is not in custody and the court
finds there is probable cause to believe the victim has been threatened or
intimidated by the youth or youth offender, by direct or indirect contact, the
court shall immediately issue an order to show cause why the release status
should not be revoked.
(b) After conducting a hearing as the
court deems appropriate, if the court finds that the victim has been threatened
or intimidated by the youth or youth offender, by direct or indirect contact,
the release status shall be revoked and the youth or youth offender shall be
held in detention until conditions of release sufficient to ensure the safety
of the victim and the community can be implemented.
(c) In any hearing convened under this
subsection, the victim has the right to be notified in advance of the hearing,
to appear personally at the hearing and, if present, to express any views
relevant to the issues before the court.
(6) For purposes of subsections (4) and
(5) of this section, contact has the meaning given that term in ORS 163.730. [2007
c.609 §3]
CONSOLIDATION
419C.280
Consolidation. Juvenile
court hearings shall be held at a special session of the court for that purpose
and each case shall be heard separately, except that two or more cases may be
heard together in the following instances:
(1) Cases involving violations of motor
vehicle laws or ordinances where none of the cases involves death or serious
injury to persons.
(2) Cases arising in whole or in part out
of a single transaction or series of related transactions. [1993 c.33 §201]
PARTIES
419C.285
Parties to delinquency proceeding; rights of limited participation;
interpreters. (1) At the
adjudication stage of a delinquency proceeding, the parties to the proceeding
are the youth and the state, represented by the district attorney or the
juvenile department. At the dispositional stage of a delinquency proceeding,
the following are also parties:
(a) The parents or guardian of the youth;
(b) A court appointed special advocate, if
appointed;
(c) The Oregon Youth Authority or other
child care agency, if the youth is temporarily committed to the agency; and
(d) An intervenor who petitions or files a
motion on the basis of a child-parent relationship under ORS 109.119.
(2) The rights of the parties include, but
are not limited to:
(a) The right to notice of the proceeding
and copies of the pleadings;
(b) The right to appear with counsel and
to have counsel appointed if otherwise provided by law;
(c) The right to call witnesses,
cross-examine witnesses and participate in hearings;
(d) The right to appeal;
(e) The right to request a hearing; and
(f) The right to notice of any proceeding
before the Psychiatric Security Review Board.
(3)(a) Persons who are not parties under
subsection (1) of this section may petition the court for rights of limited
participation. The petition must be filed and served on all parties no later
than two weeks before a proceeding in the case in which participation is
sought. The petition must state:
(A) The reason the participation is
sought;
(B) How the persons involvement is in the
best interest of the youth or the administration of justice;
(C) Why the parties cannot adequately
present the case; and
(D) What specific relief is being sought.
(b) If the court finds that the petition
is well founded, the court may grant rights of limited participation as
specified by the court.
(c) Persons petitioning for rights of
limited participation are not entitled to appointed counsel.
(4) In all delinquency proceedings,
interpreters shall be appointed in the manner specified by ORS 45.275 and
45.285 for the parties to the proceeding, any person granted rights of limited
participation, and any parent or guardian of the youth without regard to
whether the parent or guardian is a party to the proceeding. [1993 c.546 §73;
1997 c.873 §22; 2001 c.214 §2; 2001 c.962 §85; 2003 c.396 §§102,103; 2005 c.843
§8]
SUMMONS
419C.300
Time limits on issuance of summons. Promptly after the petition is filed, there shall be an investigation
of the circumstances concerning the youth. No later than 60 days after the
petition is filed, summons may be issued. [1993 c.33 §202]
419C.303
Form of summons; content.
The summons shall be signed by a counselor or some other person acting under
the direction of the court and shall contain the name of the court, the title
of the proceeding and, except for a published summons, a brief statement of the
substance of the facts required by ORS 419C.255 (1)(b). The summons shall also
include a notice that the parent or other person legally obligated to support
the youth may be required to pay, at some future date, for all or a portion of
the support of the youth, including the cost of out-of-home placement,
depending upon the ability of the parent to pay support. [1993 c.33 §203; 1993
c.546 §94]
419C.306
Effect of summons; to whom issued. (1) The summons shall require the person or persons who have physical
custody of the youth to appear and bring the youth before the court at the time
and place stated in the summons. The time for the hearing on the petition shall
be fixed at a reasonable time, not less than 24 hours, after the issuance of
the summons. If it appears to the court that the welfare of the youth or of the
public requires that the youth immediately be taken into custody, the court may
indorse an order on the summons as provided in ORS 419C.080 (2) directing the
officer serving it to take the youth into custody.
(2)(a) Summons shall be issued to the
legal parents of the youth, without regard to who has legal or physical custody
of the youth, and to the legal guardians, if any, of the youth.
(b) Parents or guardians summoned pursuant
to paragraph (a) of this subsection shall appear personally pursuant to the
summons. Following the initial appearance, parents or guardians shall appear as
directed by the court.
(c) An employer may not discharge,
threaten to discharge, intimidate or coerce any employee by reason of the
employees attendance at a juvenile court hearing as required under paragraph
(a) of this subsection.
(d) This subsection may not be construed
to alter or affect an employers policies or agreements with employees
concerning employees wages during times when an employee attends a juvenile
court hearing under paragraph (a) of this subsection.
(3) If the youth is 12 years of age or
older, a certified copy of the summons shall be served upon the youth. If the
petition alleges that the youth is within the jurisdiction of the court for
having violated ORS 471.430, the summons must contain a statement that, if the
youth fails to appear as required in the summons, the driving privileges of the
youth are subject to suspension under ORS 419C.472.
(4) Summons may be issued requiring the
appearance of any person whose presence the court deems necessary. When a
summons is issued to a youth pursuant to a petition alleging jurisdiction under
ORS 419C.005, a copy of the summons shall be mailed to all victims whose names
appear on the petition pursuant to ORS 419C.255 (2). The copy of the summons
shall be accompanied by a notice that the victim may be present for the youths
appearance before the court and is entitled to request and receive notification
of future hearings before the court in regard to the particular case. The copy
of the summons shall also be accompanied by a notice informing the victim of
the provisions of ORS 30.765. [1993 c.33 §204; 1993 c.546 §74; 1999 c.965 §1;
2001 c.686 §12; 2001 c.817 §7; 2003 c.687 §13]
419C.309
Service of summons or other process. Summonses or other process issuing from the juvenile court may be
served without further indorsement in any county of the state by an officer of
the county in which the proceeding is pending, by an officer of the county in
which the person to be served is found or by any person authorized by the court
to serve the process. Except as otherwise provided in this chapter, the
provisions of law or the Oregon Rules of Civil Procedure applicable to
summonses in civil cases apply to summonses issued from juvenile court. [1993
c.33 §205]
419C.312
Alternate service. (1) If any
parent or guardian required to be summoned as provided in ORS 419C.306 cannot
be found within the state, a summons may be served on the parent or guardian in
any of the following ways:
(a) If the address of the parent or
guardian is known, by sending the parent or guardian a copy of the summons by
registered or certified mail with a return receipt to be signed by the
addressee only.
(b) By personal service outside the state.
(2) Service as provided in this section
and ORS 419C.309 shall vest the court with jurisdiction over the parents or
guardian in the same manner and to the same extent as if the person served were
served personally within this state. [1993 c.33 §206; 1993 c.546 §75]
419C.315
Travel expenses of party summoned. The court may authorize payment of travel expenses of any party
summoned. Except as provided in this section, responsibility for the payment of
the cost of service of summons or other process on any party, and for payment
of travel expenses so authorized, shall be borne by the party issuing the
summons or requesting the court to issue the summons. When the Oregon Youth
Authority issues the summons or requests the court to issue the summons,
responsibility for such payment shall be borne by the county. [1993 c.33 §207]
419C.317
Compliance with summons. No
person required to appear as provided in ORS 419C.306 shall without reasonable
cause fail to appear or, where directed in the summons, to bring the youth
before the court. [1993 c.33 §208]
419C.320
When arrest warrant for summoned person authorized. If the summons cannot be served, if the
person to whom the summons is directed fails to obey it or if it appears to the
court that the summons will be ineffectual, the court may direct issuance of a
warrant of arrest against the person summoned or against the youth. [1993 c.33 §209]
419C.323
Proceeding when summoned party not before court. If the youth is before the court, the court
has jurisdiction to proceed with the case notwithstanding the failure to serve
summons upon any person required to be served by ORS 419C.300, 419C.303 and
419C.306, except that:
(1) No order for support as provided in
ORS 419C.590, 419C.592, 419C.595 and 419C.597 may be entered against a person
unless that person is served as provided in ORS 419C.309.
(2) If it appears to the court that a
parent or guardian required to be served by ORS 419C.300, 419C.303 and 419C.306
was not served as provided in ORS 419C.309, 419C.312 and 419C.315, or was
served on such short notice that the parent or guardian did not have a
reasonable opportunity to appear at the time fixed, the court shall, upon
petition by the parent or guardian, reopen the case for full consideration. [1993
c.33 §210]
WAIVER
419C.340
Authority to waive youth to adult court. In the circumstances set forth in ORS 419C.349, 419C.352, 419C.364,
419C.367 and 419C.370, the court may waive the youth to the appropriate court
handling criminal actions, or to municipal court. [1993 c.33 §211; 1993 c.546 §76]
419C.343
Depositions. (1) After the
commencement of any proceeding in which a motion to waive has been filed, a
party may move the court for an order allowing the taking of a deposition to
perpetuate the testimony of a witness who is:
(a) Outside of the jurisdiction of, or
otherwise not subject to the process of, the court; or
(b) Unable to attend because of age,
sickness, infirmity, imprisonment or undue hardship.
(2) The affidavit in support of the motion
to take a deposition to perpetuate testimony, in addition to setting forth the
reasons described in subsection (1)(a) and (b) of this section, shall also set
forth:
(a) The reasons why the testimony of the
witness sought to be deposed cannot be taken by telephone at the time of the
hearing;
(b) Where the deposition is to be taken;
(c) The manner of recording the
deposition; and
(d) A brief statement of the substance of
the testimony that the witness is expected to give.
(3) If the court finds that taking a
deposition will best promote the just, speedy and inexpensive resolution of one
or more issues in the proceeding or that taking a deposition is necessary to
meet the requirements of due process, the court shall grant the motion.
(4) If the motion is granted, the court
may, in its discretion, set conditions regarding the time, place and method of
taking the deposition.
(5) All objections to any testimony or
evidence taken at the deposition shall be made at the time and noted upon the
record. The court before which the testimony is offered shall rule on any
objections before the testimony is offered. Any objection not made at the
deposition is waived. [1993 c.546 §81]
419C.346
Juvenile courts retention of authority over parent. If the juvenile court waives a youth to
another court under ORS 419C.349, 419C.355 and 419C.370 for disposition as an
adult, the juvenile court nevertheless may retain jurisdiction over the youths
parents or guardians under ORS 419C.570. However, if the court enters an order
of waiver under ORS 419C.364, jurisdiction over the parents or guardians under
ORS 419C.570 shall terminate. [1993 c.33 §212; 1993 c.546 §77]
419C.349
Grounds for waiving youth to adult court. The juvenile court, after a hearing except as otherwise provided in
ORS 419C.364 or 419C.370, may waive a youth to a circuit, justice or municipal
court of competent jurisdiction for prosecution as an adult if:
(1) The youth is 15 years of age or older
at the time of the commission of the alleged offense;
(2) The youth, except as otherwise
provided in ORS 419C.364 and 419C.370, is alleged to have committed a criminal
offense constituting:
(a) Murder under ORS 163.115 or any
aggravated form thereof;
(b) A Class A or Class B felony;
(c) Any of the following Class C felonies:
(A) Escape in the second degree under ORS
162.155;
(B) Assault in the third degree under ORS
163.165;
(C) Coercion under ORS 163.275 (1)(a);
(D) Arson in the second degree under ORS
164.315; or
(E) Robbery in the third degree under ORS
164.395;
(d) Any Class C felony in which the youth
used or threatened to use a firearm; or
(e) Any other felony or any misdemeanor if
the youth and the state stipulate to the waiver;
(3) The youth at the time of the alleged
offense was of sufficient sophistication and maturity to appreciate the nature
and quality of the conduct involved; and
(4) The juvenile court, after considering
the following criteria, determines by a preponderance of the evidence that
retaining jurisdiction will not serve the best interests of the youth and of
society and therefore is not justified:
(a) The amenability of the youth to
treatment and rehabilitation given the techniques, facilities and personnel for
rehabilitation available to the juvenile court and to the criminal court which
would have jurisdiction after transfer;
(b) The protection required by the
community, given the seriousness of the offense alleged;
(c) The aggressive, violent, premeditated
or willful manner in which the offense was alleged to have been committed;
(d) The previous history of the youth,
including:
(A) Prior treatment efforts and out-of-home
placements; and
(B) The physical, emotional and mental
health of the youth;
(e) The youths prior record of acts which
would be crimes if committed by an adult;
(f) The gravity of the loss, damage or
injury caused or attempted during the offense;
(g) The prosecutive merit of the case
against the youth; and
(h) The desirability of disposing of all
cases in one trial if there were adult cooffenders. [1993 c.33 §213; 1993 c.546
§78; 1999 c.951 §1; 2003 c.404 §1]
419C.352
Grounds for waiving youth under 15 years of age. The juvenile court, after a hearing, except
as provided in ORS 419C.364 or 419C.370, may waive a youth under 15 years of
age at the time the act was committed to circuit court for prosecution as an
adult if:
(1) The youth is represented by counsel
during the waiver proceedings;
(2) The juvenile court makes the findings
required under ORS 419C.349 (3) and (4); and
(3) The youth is alleged to have committed
an act or acts that if committed by an adult would constitute one or more of the
following crimes:
(a) Murder or any aggravated form thereof
under ORS 163.095 or 163.115;
(b) Rape in the first degree under ORS
163.375 (1)(a);
(c) Sodomy in the first degree under ORS
163.405 (1)(a); or
(d) Unlawful sexual penetration in the
first degree under ORS 163.411 (1)(a). [1993 c.33 §214; 1993 c.546 §79; 1995
c.422 §78]
419C.355
Written findings required.
The juvenile court shall make a specific, detailed, written finding of fact to
support any determination under ORS 419C.349 (3) and (4). [1993 c.33 §215]
419C.358
Consolidation of nonwaivable and waivable charges. When a person is waived for prosecution as
an adult, the person shall be waived only on the actual charges justifying the
waiver under ORS 419C.349 (2) or 419C.352, as the case may be. Any nonwaivable
charges arising out of the same act or transaction as the waivable charge shall
be consolidated with the waivable charge for purposes of conducting the
adjudicatory hearing on the nonwaivable charges. [1993 c.33 §216; 1993 c.546 §82]
419C.361
Disposition of nonwaivable consolidated charges and lesser included offenses. (1) Notwithstanding that the juvenile court
has waived the case under ORS 419C.349, 419C.352, 419C.355, 419C.358, 419C.364,
419C.367 and 419C.370, the court of waiver shall return the case to the
juvenile court unless an accusatory instrument is filed in the court of waiver
alleging, in the case of a person under 16 years of age, a crime listed in ORS
419C.352 or, in the case of any other person, a crime listed in ORS 419C.349
(2). Also in the case of a waived person, when a trial has been held in the
court of waiver upon an accusatory instrument alleging a crime listed in ORS
419C.349 (2) or 419C.352, as the case may be, and the person is found guilty of
any lesser included offense that is not itself a waivable offense, the trial
court shall not sentence the defendant therein, but the trial court shall order
a presentence report to be made in the case, shall set forth in a memorandum
such observations as the court may make regarding the case and shall then
return the case to the juvenile court in order that the juvenile court make
disposition in the case based upon the guilty finding in the court of waiver.
Disposition shall be as if the juvenile court itself had found the youth to be
in its jurisdiction pursuant to ORS 419C.005. The records and consequences of
the case shall, in all respects, be as if the juvenile court itself had found
the youth to be in its jurisdiction pursuant to ORS 419C.005. When the person is
found guilty of a nonwaivable charge that was consolidated with a waivable
charge under ORS 419C.358, the case shall be returned to the juvenile court for
disposition as provided in this subsection for lesser included offenses.
(2) Nothing in this section or ORS
419C.358 applies to a waiver under ORS 419C.364 or 419C.370. [1993 c.33 §217;
1993 c.546 §83]
419C.364
Waiver of future cases.
After the juvenile court has entered an order waiving a youth to an adult court
under ORS 419C.349, the court may, if the youth is 16 years of age or older,
enter a subsequent order providing that in all future cases involving the same
youth, the youth shall be waived to the appropriate court without further
proceedings under ORS 419C.349 and 419C.370. [1993 c.33 §218; 1993 c.546 §84]
419C.367
Vacating order waiving future cases. The juvenile court may at any time direct that the subsequent order
entered under ORS 419C.364 be vacated or that a pending case be waived to the
juvenile court for further proceedings. The court may make such a direction on
any case but shall do so and require a pending case to be waived to the
juvenile court if it cannot support the finding required under ORS 419C.355.
The juvenile court shall direct that the subsequent order entered under ORS 419C.364
shall be vacated when the youth is not convicted in the waived case that
preceded the order under ORS 419C.364. [1993 c.33 §219; 1993 c.546 §85; 1995
c.79 §216]
419C.370
Waiver of motor vehicle, boating, game, violation and property cases. (1) The juvenile court may enter an order
directing that all cases involving:
(a) Violation of a law or ordinance
relating to the use or operation of a motor vehicle, boating laws or game laws
be waived to criminal or municipal court;
(b) An offense classified as a violation
under the laws of this state or a political subdivision of this state be waived
to municipal court if the municipal court has agreed to accept jurisdiction;
and
(c) A misdemeanor that entails theft,
destruction, tampering with or vandalism of property be waived to municipal
court if the municipal court has agreed to accept jurisdiction.
(2) Cases waived under subsection (1) of
this section are subject to the following:
(a) That the criminal or municipal court
prior to hearing a case, other than a case involving a parking violation, in
which the defendant is or appears to be under 18 years of age notify the
juvenile court of that fact; and
(b) That the juvenile court may direct
that any such case be waived to the juvenile court for further proceedings.
(3)(a) When a person who has been waived
under subsection (1)(c) of this section is convicted of a property offense, the
municipal court may impose any sanction authorized for the offense except for
incarceration. The municipal court shall notify the juvenile court of the
disposition of the case.
(b) When a person has been waived under
subsection (1) of this section and fails to appear as summoned or is placed on
probation and is alleged to have violated a condition of the probation, the juvenile
court may recall the case to the juvenile court for further proceedings. When a
person has been returned to juvenile court under this paragraph, the juvenile
court may proceed as though the person had failed to appear as summoned to the
juvenile court or had violated a juvenile court probation order under ORS
419C.446.
(4) Records of cases waived under
subsection (1)(c) of this section are juvenile records for purposes of
expunction under ORS 419A.260. [1993 c.33 §220; 1993 c.546 §86; 1995 c.481 §1; 1999
c.158 §1; 1999 c.615 §1; 2003 c.396 §104]
419C.372
Handling of motor vehicle, boating or game cases not requiring waiver. If the youths conduct consists, or is
alleged to consist, of a violation of a law or ordinance relating to the use or
operation of a motor vehicle, boating laws or game laws and it appears to the
court that the nature of the offense and the youths background are such that a
proceeding as provided in this chapter is not warranted, the court may handle:
(1) Cases involving boating laws or game
laws as provided in ORS 419C.374.
(2) Cases involving the use or operation
of a motor vehicle as provided under ORS 809.412. [1993 c.33 §221; 1993 c.546 §95]
419C.374
Alternative conduct of proceedings involving traffic, boating and game cases. (1) A petition relating to boating or game
offenses shall be filed as provided in ORS 419C.250, 419C.255 and 419C.258.
Motor vehicle offenses are subject to ORS 809.412.
(2) Summons as provided in ORS 419C.300
shall be issued to the parent or other person having physical custody of the
youth, requiring the parent or other person to appear with the youth before the
court at the time and place stated in the summons.
(3) The summons may be served as provided
in ORS 419C.309, 419C.312 and 419C.315 or by mailing a copy thereof to the
parent or other person having physical custody of the youth. If the summons is
served personally, a warrant may be issued as provided in ORS 419C.320.
(4) A hearing shall be held as provided in
ORS 419C.142, 419C.280 and 419C.400. At the termination of the hearing, if the
court finds the matters alleged in the petition to be true, it may enter an
order finding the youth to be a:
(a) Youth motor vehicle offender and
dispose of the case as provided in ORS 809.412; or
(b) Youth boating law offender or a game
law offender and may dispose of the case as provided in subsection (5) of this
section.
(5) In a proceeding under this chapter,
the juvenile court may suspend a hunting or fishing license or permit where a
game violation is involved and may make such other recommendations where a
boating violation is involved. [1993 c.33 §222; 1995 c.422 §79]
ADJUDICATION
419C.400
Conduct of hearings. (1) The
hearing shall be held by the court without a jury and may be continued from time
to time.
(2) The facts alleged in the petition
showing the youth to be within the jurisdiction of the court as provided in ORS
419C.005, unless admitted, must be established beyond a reasonable doubt.
(3) If the youth files written notice of
intent to rely on the defense set forth in ORS 419C.522, the youth has the
burden of proving the defense by a preponderance of the evidence.
(4) For the purpose of determining proper
disposition of the youth, testimony, reports or other material relating to the
youths mental, physical and social history and prognosis may be received by
the court without regard to their competency or relevancy under the rules of
evidence.
(5) An adjudication by a juvenile court
that a youth is within its jurisdiction is not a conviction of a crime or
offense. [1993 c.33 §223; 1993 c.546 §87; 2005 c.843 §9]
419C.405
Witnesses; subpoena. (1)
Witnesses or other persons necessary for the conduct of the hearing may be
subpoenaed. The youth, parents, guardian or any person appearing in the youths
behalf may have compulsory attendance of witnesses in the youths or their
behalf in the same manner as provided in ORS 136.567 to 136.603. The form of
the subpoena shall be substantially as provided in ORS 136.575 (4) or (6), but
shall describe the action as a juvenile court proceeding and the appearance
as on behalf of the court, the youth, and so on, as the case may be.
(2) In addition to the subpoena available
under subsection (1) of this section, when the petition alleges that the youth
is within the jurisdiction of the court by reason of a ground set forth in ORS
419C.005, the youth or any person appearing in behalf of the youth or the state
may secure the attendance of out-of-state witnesses in the same manner as
provided in ORS 136.623 to 136.637. [1993 c.33 §224]
419C.408
Witness fees. Witnesses
subpoenaed to give testimony shall receive the same fees as are paid in
criminal cases. Except as provided by this section, responsibility for the per
diem and mileage fees of any witness, and travel expenses if so ordered by the
court, shall be borne by the party who subpoenas the witness or requests the
court to subpoena the witness. If the witness was subpoenaed to appear on
behalf of the Oregon Youth Authority, responsibility for per diem, mileage fees
and travel expenses shall be borne by the county. If the witness was subpoenaed
by more than one party, the witness shall be paid by the party who first
subpoenas the witness. The court may then, thereafter, order that the costs be
distributed equally among all parties who subpoenaed the witness and that the
original payor of the costs be reimbursed accordingly. When the witness has
been subpoenaed on behalf of a party who is represented by appointed counsel,
the fees and costs allowed for that witness shall be paid pursuant to ORS
135.055. [1993 c.33 §225; 2001 c.962 §53]
419C.411
Disposition order; factors to be considered; finding of responsible except for
insanity. (1) At the
termination of the hearing or hearings in the proceeding or after entry of an
order under ORS 419C.067, the court shall enter an appropriate order directing
the disposition to be made of the case.
(2) The court shall find a youth
responsible except for insanity if:
(a) The youth asserted mental disease or
defect as a defense as provided in ORS 419C.524; and
(b) The court determined by a
preponderance of the evidence that, as a result of mental disease or defect at
the time the youth committed the act alleged in the petition, the youth lacked
substantial capacity either to appreciate the nature and quality of the act or
to conform the youths conduct to the requirements of law.
(3) Except as otherwise provided in
subsections (6) and (7) of this section, in determining the disposition of the
case, the court shall consider each of the following:
(a) The gravity of the loss, damage or
injury caused or attempted during, or as part of, the conduct that is the basis
for jurisdiction under ORS 419C.005;
(b) Whether the manner in which the youth
offender engaged in the conduct was aggressive, violent, premeditated or
willful;
(c) Whether the youth offender was held in
detention under ORS 419C.145 and, if so, the reasons for the detention;
(d) The immediate and future protection
required by the victim, the victims family and the community; and
(e) The youth offenders juvenile court
record and response to the requirements and conditions imposed by previous
juvenile court orders.
(4) In addition to the factors listed in
subsection (3) of this section, the court may consider the following:
(a) Whether the youth offender has made
any efforts toward reform or rehabilitation or making restitution;
(b) The youth offenders educational
status and school attendance record;
(c) The youth offenders past and present
employment;
(d) The disposition proposed by the youth
offender;
(e) The recommendations of the district
attorney and the juvenile court counselor and the statements of the victim and
the victims family;
(f) The youth offenders mental, emotional
and physical health and the results of the mental health or substance abuse
treatment; and
(g) Any other relevant factors or
circumstances raised by the parties.
(5) The courts consideration of matters
under this section may be addressed on appeal only if raised by a party at a
dispositional hearing or by a motion to modify or set aside under ORS 419C.610.
(6) When a youth is found responsible
except for insanity, the court shall order a disposition under ORS 419C.529 if
the court finds by a preponderance of the evidence that, at the time of
disposition, the youth:
(a) Has a serious mental condition; or
(b) Has a mental disease or defect other
than a serious mental condition and presents a substantial danger to others.
(7) When a youth is found responsible
except for insanity and the court does not make a finding described in
subsection (6) of this section, the court may:
(a) Enter an order finding the youth to be
within the courts jurisdiction under ORS 419B.100 and make any disposition
authorized by ORS chapter 419B;
(b) Initiate civil commitment proceedings;
or
(c) Enter an order of discharge. [1993
c.33 §226; 1995 c.422 §80; 2003 c.396 §105; 2005 c.843 §10]
419C.420
Adjudication without hearing.
If a youth is cited or summoned for a violation under ORS 471.430, 475.860 (3)
or 475.864 (3) and fails to appear, the court may adjudicate the citation or
petition and enter a disposition without a hearing. [2001 c.904 §14; 2005 c.708
§54]
DISPOSITION
419C.440
When court has duties and authority of guardian. Unless guardianship is granted as provided
in ORS 419C.555, the court as an incident of its jurisdiction over the youth
offender has the duties and authority of the guardian as provided in ORS
419C.558. [1993 c.33 §227; 2003 c.396 §106]
419C.441
Mental health evaluation, care and treatment. A court having jurisdiction pursuant to ORS 419C.005 over a youth
offender who commits an act that would be a violation of ORS 167.315, 167.320,
167.322 or 167.333 if done by an adult may, in addition to any other exercise
of jurisdiction over the youth offender, order that the youth offender undergo
psychiatric, psychological or mental health evaluation. If warranted by the
mental condition of the youth offender, the court may order that the youth
offender undergo appropriate care or treatment. [2001 c.926 §4; 2003 c.396 §107]
419C.443
Diversion; marijuana offenses; requirements. (1) Except when otherwise provided in subsection (3) of this section,
when a youth offender has been found to be within the jurisdiction of the court
under ORS 419C.005 for a first violation of the provisions under ORS 475.860
(3)(b) or 475.864 (3), the court shall order an evaluation and designate
agencies or organizations to perform diagnostic assessment and provide programs
of information and treatment. The designated agencies or organizations must
meet the standards set by the Director of Human Services. Whenever possible,
the court shall designate agencies or organizations to perform the diagnostic
assessment that are separate from those that may be designated to carry out a
program of information or treatment. The parent of the youth offender shall pay
the cost of the youth offenders participation in the program based upon the
ability of the parent to pay. The petition shall be dismissed by the court upon
written certification of the youth offenders successful completion of the
program from the designated agency or organization providing the information
and treatment.
(2) Monitoring the youth offenders
progress in the program shall be the responsibility of the diagnostic
assessment agency or organization. The agency or organization shall make a
report to the court stating the youth offenders successful completion or
failure to complete all or any part of the program specified by the diagnostic
assessment. The form of the report shall be determined by agreement between the
court and the diagnostic assessment agency or organization. The court shall
make the report a part of the record of the case.
(3) The court is not required to make the
disposition required by subsection (1) of this section if the court determines
that the disposition is inappropriate in the case or if the court finds that
the youth offender has previously entered into a formal accountability
agreement under ORS 419C.239 (1)(i). [1993 c.33 §228; 1995 c.422 §135; 1995
c.440 §5; 2003 c.396 §108; 2005 c.22 §295; 2005 c.708 §55]
419C.446
Probation; requirements. (1)
When a court determines it would be in the best interest and welfare of a youth
offender, the court may place the youth offender on probation. The court may
direct that the youth offender remain in the legal custody of the youth
offenders parents or other person with whom the youth offender is living, or
the court may direct that the youth offender be placed in the legal custody of
some relative or some person maintaining a foster home approved by the court,
or in a child care center or a youth care center authorized to accept the youth
offender.
(2) The court may specify particular
requirements to be observed during the probation consistent with recognized
juvenile court practice, including but not limited to restrictions on
visitation by the youth offenders parents, restrictions on the youth offenders
associates, occupation and activities, restrictions on and requirements to be
observed by the person having the youth offenders legal custody, requirements
that the youth offender pay any assessment under ORS 137.290, requirements for
visitation by and consultation with a juvenile counselor or other suitable
counselor, requirements to make restitution under ORS 419C.450, requirements of
a period of detention under ORS 419C.453, requirements to pay a fine under ORS
419C.459, requirements to pay a supervision fee under ORS 419C.449,
requirements to perform community service under ORS 419C.462, or service for
the victim under ORS 419C.465, or requirements to submit to blood or buccal
testing under ORS 419C.473.
(3) If the youth offender is a sex
offender, as defined in ORS 181.594, the juvenile department shall notify the
chief of police, if the youth offender is going to reside within a city, and
the county sheriff of the county in which the youth offender is going to reside
of the youth offenders release on probation and the requirements imposed on
the youth offenders probation under subsection (2) of this section. [1993 c.33
§229; 1993 c.546 §88; 1997 c.725 §1; 1999 c.97 §5; 2001 c.884 §8; 2003 c.396 §109]
419C.449
Supervision fee. (1) In
determining whether to impose a supervision fee under ORS 419C.446 (2), the court
shall consider whether the youth offender or the parent or legal guardian of
the youth offender will be able to pay the fee. When a supervision fee is
required, the fee shall be determined and fixed by the county juvenile
department.
(2) The county shall collect or provide by
contract for the collection of the supervision fee from the youth offender or
the parent or legal guardian of the youth offender and shall retain the fee to
be used by the county for funding of its juvenile department program. [1997
c.725 §3; 2001 c.485 §2; 2003 c.396 §110]
419C.450
Restitution. (1)(a) It is
the policy of the State of
(A) Include in the judgment a requirement
that the youth offender pay the victim restitution in a specific amount that
equals the full amount of the victims injury, loss or damage as determined by
the court; or
(B) Include in the judgment a requirement
that the youth offender pay the victim restitution, and that the specific
amount of restitution will be established by a supplemental judgment based upon
a determination made by the court within 90 days of entry of the judgment. In
the supplemental judgment, the court shall establish a specific amount of
restitution that equals the full amount of the victims injury, loss or damage
as determined by the court. The court may extend the time within which the
determination and supplemental judgment may be completed for good cause. The
lien, priority of the lien and ability to enforce a specific amount of
restitution established under this subparagraph by a supplemental judgment relates
back to the date of the original judgment that is supplemented.
(b) After the district attorney makes a
presentation described in paragraph (a) of this subsection, if the court is
unable to find from the evidence presented that a victim suffered injury, loss
or damage, the court shall make a finding on the record to that effect.
(c) No finding made by the court or
failure of the court to make a finding under this subsection limits or impairs
the rights of a person injured to sue and recover damages in a civil action
under subsection (2) of this section.
(d) The court may order restitution,
including but not limited to counseling and treatment expenses, for emotional
or psychological injury under this section only:
(A) When the act that brought the youth
offender within the jurisdiction of the court would constitute aggravated
murder, murder or a sex crime if committed by an adult; and
(B) For an injury suffered by the victim
or a member of the victims family who observed the act.
(e) If the youth offender will be present
at a hearing under this subsection and the victim requests notice, the district
attorney or juvenile department shall notify the victim of the hearing.
(2) Restitution for injury inflicted upon
a person by the youth offender, for property taken, damaged or destroyed by the
youth offender and for a reward offered by the victim or an organization
authorized by the victim and paid for information leading to the apprehension
of the youth offender, shall be required as a condition of probation.
Restitution does not limit or impair the right of a victim to sue in a civil
action for damages suffered, nor shall the fact of consultation by the victim
be admissible in such civil action to prove consent or agreement by the victim.
However, the court shall credit any restitution paid by the youth offender to a
victim against any judgment in favor of the victim in such civil action. Before
setting the amount of such restitution, the court shall notify the person upon
whom the injury was inflicted or the owner of the property taken, damaged or
destroyed and give such person an opportunity to be heard on the issue of
restitution.
(3)(a) If a judgment or supplemental
judgment described in subsection (1) of this section includes restitution, a
court may delay the enforcement of the monetary sanctions, including
restitution, only if the youth offender alleges and establishes to the
satisfaction of the court the youth offenders inability to pay the judgment in
full at the time the judgment is entered. If the court finds that the youth
offender is unable to pay, the court may establish or allow an appropriate
supervising authority to establish a payment schedule. The supervising
authority shall be authorized to modify any payment schedule established under
this section. In establishing a payment schedule, the court or the supervising
authority shall take into consideration:
(A) The availability to the youth offender
of paid employment during such time as the youth offender may be committed to a
youth correction facility;
(B) The financial resources of the youth
offender and the burden that payment of restitution will impose, with due
regard to the other obligations of the youth offender;
(C) The present and future ability of the
youth offender to pay restitution on an installment basis or on other
conditions to be fixed by the court; and
(D) The rehabilitative effect on the youth
offender of the payment of restitution and the method of payment.
(b) As used in this subsection, supervising
authority means any state or local agency that is authorized to supervise the
youth offender.
(4) Notwithstanding ORS 419C.501 and
419C.504, when the court has ordered a youth offender to pay restitution, as
provided in this section, the judgment shall be entered in the register or
docket of the court in the manner provided by ORS chapter 18 and enforced in
the manner provided by ORS 18.252 to 18.993. The judgment is in favor of the
state and may be enforced only by the state. Notwithstanding ORS 419A.255, a
judgment for restitution entered under this subsection is a public record.
Judgments entered under this subsection are subject to ORS 18.048.
(5) A person required to pay restitution
under subsection (1) of this section may file a motion supported by an
affidavit for satisfaction of the judgment or supplemental judgment requiring
payment of restitution in the circuit court of the county in which the original
judgment was entered if:
(a) At least 50 percent of the monetary
obligation is satisfied or at least 10 years have passed since the original
judgment was entered;
(b) The person has substantially complied
with all established payment plans;
(c) The person has not been found to be
within the jurisdiction of the juvenile court under ORS 419C.005 or convicted
of an offense since the date the original judgment of restitution was entered;
and
(d) The person has satisfactorily
completed any required period of probation or parole for the act for which the
judgment of restitution was entered.
(6) When a person files a motion described
in subsection (5) of this section, the district attorney for the county in
which the motion was filed shall promptly notify the victim for whose benefit
the judgment of restitution was entered that the person has filed the motion
and that the victim may object in writing to the motion through the district
attorney.
(7) If the victim does not object to the
motion as provided in subsection (6) of this section, the court shall hold a
hearing on the motion and may enter an order granting a full or partial
satisfaction if the allegations in the affidavit supporting the motion are true
and failure to grant the motion would result in an injustice. In determining
whether an injustice would result, the court shall take into account:
(a) The financial resources of the
defendant and the burden that continued payment of restitution will impose,
with due regard to the other obligations of the defendant;
(b) The ability of the defendant to
continue paying restitution on an installment basis or under other conditions
to be fixed by the court; and
(c) The rehabilitative effect on the
defendant of the continued payment of restitution and the method of payment.
(8) A person may file a motion under
subsection (5) of this section no more than one time per year for each judgment
of restitution entered against the person. [1993 c.33 §230; 1993 c.405 §1; 1995
c.422 §83; 1997 c.313 §32; 1997 c.727 §11; 2001 c.202 §1; 2003 c.576 §214; 2003
c.670 §4; 2007 c.425 §2; 2007 c.609 §22]
419C.453
Detention; when authorized.
(1) Pursuant to a hearing, the juvenile court may order a youth offender placed
in a detention facility for a specific period of time not to exceed eight days,
in addition to time already spent in the facility, unless a program plan that
is in conformance with standards established by the State Commission on
Children and Families has been filed with and approved by the commission, in
which case the youth offender may be held in detention for a maximum of 30 days
in addition to time already spent in the facility, when:
(a) The youth offender has been found to
be within the jurisdiction of the juvenile court by reason of having committed
an act which would be a crime if committed by an adult; or
(b) The youth offender has been placed on
formal probation for an act which would be a crime if committed by an adult,
and has been found to have violated a condition of that probation.
(2) Pursuant to a hearing, the juvenile
court may order a youth offender who is at least 18 years of age placed in a
jail or other place where adults are detained. The placement must be for a
specific period of time and may not exceed eight days in addition to time
already spent in a juvenile detention facility or jail. The court may order
placement under this subsection when:
(a) The youth offender has been found to
be within the jurisdiction of the juvenile court by reason of having committed
an act which would be a crime if committed by an adult; or
(b) The youth offender has been placed on
formal probation for an act which would be a crime if committed by an adult,
and has been found to have violated a condition of that probation.
(3) In order to detain a youth offender
under subsection (2) of this section, the court shall make case-specific
findings that placement in a jail or other place where adults are detained
meets the specific needs of the youth offender.
(4) 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 §231; 2001 c.904 §5; 2001 c.905 §6; 2003 c.396 §111; 2003
c.442 §3; 2005 c.503 §17]
419C.456
Detention after escape.
Pursuant to a hearing, the juvenile court may order a youth offender 12 years
of age or older placed in a detention facility for a specific period of time
not to exceed eight days, in addition to time already spent in the facility,
when the youth offender has been found to be within the jurisdiction of the
juvenile court by reason of having escaped from a detention facility, after
having been placed in the facility pursuant to the filing of a petition
alleging that the youth has committed an act which would be a crime if
committed by an adult or the offense described in ORS 419C.159. [1993 c.33 §232;
2003 c.396 §112]
419C.459
Fines. In circumstances
under which, if the youth offender were an adult, a fine not exceeding a
certain amount could be imposed under the Oregon Criminal Code, the court may
impose such a fine upon the youth offender. In determining whether to impose a
fine and, if so, then in what amount, the court shall consider whether the
youth offender will be able to pay a fine and whether payment of a fine is
likely to have a rehabilitative effect on the youth offender. Fines ordered
paid under this section shall be collected by the clerk of the court. [1993
c.33 §233; 2003 c.396 §113]
419C.461
Disposition for graffiti related offenses. (1) When a youth offender has been found to be within the jurisdiction
of the juvenile court for having committed an act that if committed by an adult
would constitute a violation of ORS 164.383 or 164.386 or criminal mischief and
the act consisted of defacing property by creating graffiti, the court, in
addition to any other disposition, may order the youth offender to perform:
(a) Personal service, as provided in ORS
419C.465, consisting of removing graffiti; or
(b) If the victim does not agree to the
personal service, community service consisting of removing graffiti at some
location other than that defaced by the youth offender.
(2) In no case shall the youth offender,
pursuant to this section, perform more hours of personal or community service
than would be indicated by dividing the monetary damage caused by the youth
offender by the legal minimum wage.
(3)(a) When a youth offender has been
found to be within the jurisdiction of the juvenile court for having committed
an act that if committed by an adult would constitute a violation of ORS
164.383, the court may find the parent, legal guardian or other person lawfully
charged with the care or custody of the youth offender liable for actual
damages to person or property caused by the youth offender. However, a parent
who is not entitled to legal custody of the youth offender at the time of the
act is not liable for the damages.
(b) The legal obligation of the parent,
legal guardian or other person under this subsection may not exceed the
liability provided in ORS 30.765.
(c) The court may, with the consent of the
parent, legal guardian or other person, order the parent, legal guardian or
other person to complete a parent effectiveness program approved by the court.
Upon the parents, legal guardians or other persons completion of the program
to the satisfaction of the court, the court may dismiss any other penalties
imposed upon the parent, legal guardian or other person. [1995 c.615 §6; 2003
c.396 §114]
419C.462
Community service. The court
may order a youth offender to perform appropriate community service for a
number of hours not to exceed that which could be required under ORS 137.129 if
the youth offender were an adult. [1993 c.33 §234; 2003 c.396 §115]
419C.465
Service to victim. Upon
agreement of the youth offender, the youth offenders parent or guardian and
the victim of the youth offenders conduct, the court may order a youth
offender to perform personal service for the victim as a condition of
probation. Contact with a victim to determine whether the victim is willing to
agree to such personal service shall be by a person to be designated by the
court and may not be by the youth offender. The victim shall be advised by such
person of any prior findings of juvenile court jurisdiction of the youth
offender under ORS 419C.005. The court shall specify the nature and length of the
service as the court finds appropriate. Personal service performed pursuant to
the order shall constitute full or partial satisfaction of any restitution
ordered by the court, as provided by agreement prior to the making of the
order. However, in no case shall the youth offender, pursuant to this section,
perform more hours of personal service than would be indicated by dividing the
victims monetary loss by the legal minimum wage. [1993 c.33 §235; 2003 c.396 §116]
419C.470
Opportunities to fulfill obligations imposed by court. The Oregon Youth Authority and county
juvenile departments, respectively, and to the extent practicable, shall create
opportunities for youth offenders placed in the legal custody of the youth
authority or under the supervision of a county juvenile department to pay
restitution as ordered by the court and the assessment under ORS 137.290, and
to perform any community service ordered by the court, as well as to fulfill
any other obligation imposed by the court. [1993 c.33 §236; 1995 c.422 §84]
419C.472
Suspension of driving privileges. (1) The court may order that the driving privileges of a youth be
suspended if:
(a) The petition alleges that the youth is
within the jurisdiction of the court for violating ORS 471.430;
(b) The youth has been issued a summons
under ORS 419C.306; and
(c) The youth fails to appear as required
by the summons.
(2) When a court issues an order under
subsection (1) of this section:
(a) The court shall send a notice to the
Department of Transportation certifying that the youth failed to appear and
that the court has ordered the suspension of the driving privileges of the
youth; and
(b) Neither the state nor a juvenile
department counselor may file a petition under ORS 419C.250 alleging that the
youth is within the jurisdiction of the court for having committed an act that
if committed by an adult would constitute a violation of ORS 153.992. [2001
c.817 §5]
419C.473
Authority to order blood or buccal samples. (1) Whenever a youth offender has been found to be within the
jurisdiction of the court under ORS 419C.005 for having committed an act that
if done by an adult would constitute a felony listed in subsection (2) of this
section, the court shall order the youth offender to submit to the obtaining of
a blood or buccal sample in the manner provided by ORS 137.076. The court shall
further order that as soon as practicable after the entry of the dispositional
order, the law enforcement agency attending upon the court shall cause a blood
or buccal sample to be obtained and transmitted in accordance with ORS 137.076.
The court may also order the youth offender to reimburse the appropriate agency
for the cost of obtaining and transmitting the blood or buccal sample.
(2) The felonies to which subsection (1) of
this section applies are:
(a) Rape, sodomy, unlawful sexual
penetration, sexual abuse in the first or second degree, public indecency,
incest or using a child in a display of sexually explicit conduct, as those
offenses are defined in ORS 163.355 to 163.427, 163.465 (1)(c), 163.525 and
163.670;
(b) Burglary in the second degree, as
defined in ORS 164.215, when committed with intent to commit any offense listed
in paragraph (a) of this subsection;
(c) Promoting or compelling prostitution,
as defined in ORS 167.012 and 167.017;
(d) Burglary in the first degree, as
defined in ORS 164.225;
(e) Assault in the first degree, as
defined in ORS 163.185;
(f) Conspiracy or attempt to commit any
Class A or Class B felony listed in paragraphs (a) to (e) of this subsection;
or
(g) Murder or aggravated murder.
(3) No order for the obtaining and
transmitting of a blood or buccal sample is required to be entered if:
(a) The Department of State Police
notifies the court or the law enforcement agency attending upon the court that
it has previously received an adequate blood or buccal sample taken from the
youth offender in accordance with this section, ORS 137.076 or 161.325 (4); or
(b) The court determines that obtaining a
sample would create a substantial and unreasonable risk to the health of the
youth offender.
(4) Notwithstanding any other provision of
law, blood and buccal samples and other physical evidence and criminal
identification information obtained under authority of this section or as a
result of analysis conducted pursuant to ORS 181.085 may be maintained, stored,
destroyed and released to authorized persons or agencies under the conditions
established in ORS 181.085 and rules adopted by the Department of State Police
under the authority of that section. [1993 c.33 §237; 1999 c.97 §6; 2001 c.852 §4;
2003 c.396 §117]
419C.475
Authority to order HIV testing.
(1) Whenever a youth offender has been found to be within the jurisdiction of
the court under ORS 419C.005 (1) for having committed an act from which it
appears that the transmission of body fluids from one person to another as
described in ORS 135.139 may have been involved or a sexual act may have
occurred, the court shall order the youth offender to submit to HIV testing as
provided in ORS 135.139 if the victim, or parent or guardian of the victim,
requests the court to make such an order.
(2) The court may also order the youth
offender or the parent or guardian of the youth offender to reimburse the
appropriate agency for the cost of the test. [1993 c.331 §3; 2003 c.396 §118]
419C.478
Commitment to
(2) If the court places a youth offender
under subsection (1) of this section, the court may specify the type of care,
supervision or services to be provided by the youth authority or the department
to youth offenders placed in the youth authoritys or departments custody and
to the parents or guardians of the youth offenders, but the actual planning and
provision of the care, supervision, security or services is the responsibility
of the youth authority or the department. The youth authority or the department
may place the youth offender in a youth care center or other facility
authorized to accept the youth offender.
(3) The court may place a youth offender
in the legal custody of the department under subsection (1) of this section if:
(a) The court has determined that a period
of out-of-home placement and supervision should be part of the disposition in
the case;
(b) The court finds that, because of the
youth offenders age or mental or emotional condition, the youth offender:
(A) Is not amenable to reform and
rehabilitation through participation in the programs provided and administered
by the youth authority; and
(B) Is amenable to reform and
rehabilitation through participation in the programs provided and administered
by the department;
(c) The court finds that the department
can provide adequate security to protect the community and the youth offender;
(d) The court provides for periodic review
of the placement; and
(e) The court, in making the findings and
determinations required by this subsection, has considered the relevant facts
and circumstances of the case, as provided in ORS 419C.411.
(4) Uniform commitment blanks, in a form
approved by the director of the youth authority, or by the Director of Human
Services for placements under subsection (3) of this section, shall be used by
all courts for placing youth offenders in the legal custody of the youth
authority or the department.
(5) If the youth offender has been placed
in the custody of the youth authority or the department, the court may not make
a commitment directly to any residential facility, but shall cause the youth
offender to be delivered into the custody of the youth authority or the
department at the time and place fixed by rules of the youth authority or the
department. A youth offender committed under this subsection may not be placed
in a Department of Corrections institution.
(6) When the court places a youth offender
in the legal custody of the department under subsection (1) of this section,
ORS 419B.440, 419B.443, 419B.446, 419B.449, 419B.452, 419B.470, 419B.473 and
419B.476 apply as if the youth offender were a ward. [1993 c.33 §238; 1993
c.546 §89; 1995 c.422 §130; 2001 c.686 §13; 2003 c.396 §119; 2005 c.159 §4]
419C.481
Guardianship and legal custody of youth offender committed to
(2) When the court grants legal custody to
the youth authority, it may also grant guardianship of the youth offender to
the youth authority, to remain in effect solely while the youth offender
remains in the legal custody of the youth authority.
(3) The director of the youth authority
may authorize the superintendent of the youth correction facility, as defined
in ORS 420.005, in which the youth offender is placed, if any, to exercise the
duties and authority of a guardian of the youth offender under ORS 419C.558 and
to determine parole and final release under ORS 420.045. [1993 c.33 §239; 1993
c.367 §4; 2003 c.396 §120]
419C.483 [1993 c.33 §241; repealed by 1999 c.92 §7]
419C.486
Consideration of recommendations of committing court; case planning. To ensure effective planning for youth
offenders committed to its custody, the Oregon Youth Authority shall take into
consideration recommendations and information provided by the committing court
before placement in any facility. The youth authority shall ensure that the
case planning in any case:
(1) Serves the purposes of and is
consistent with the principles of ORS 419C.001;
(2) Incorporates the perspective of the
youth offender and the family; and
(3) Is integrated with the efforts of
other agencies responsible for providing services to the youth offender or the
family. [1993 c.33 §240; 1995 c.770 §2; 2003 c.396 §121; 2005 c.159 §1]
419C.489
Condition requiring medical care or special treatment; preparation of plan;
progress reports. Whenever a
youth offender who is in need of medical care or other special treatment by
reason of physical or mental condition is placed in the custody of the Oregon
Youth Authority by the juvenile court, the youth authority shall prepare a plan
for care or treatment within 14 days after assuming custody of the youth
offender. The court may indicate in general terms the type of care which it
regards as initially appropriate. A copy of the plan, including a time schedule
for its implementation, shall be sent to the juvenile court that committed the
youth offender to the youth authority. The court may at any time request
regular progress reports on implementation of the plan. The youth authority
shall notify the court when the plan is implemented, and shall report to the
court concerning the progress of the youth offender annually thereafter. If the
plan is subsequently revised, the youth authority shall notify the court of the
revisions and the reasons therefor. [1993 c.33 §242; 2003 c.396 §122]
419C.492
Courts authority to review placement. Commitment of a youth offender to the Oregon Youth Authority or the
Department of Human Services does not terminate the courts continuing
jurisdiction to protect the rights of the youth offender or the youth offenders
parents or guardians. Notwithstanding ORS 419C.478 (5), if upon review of a
placement of a youth offender made by the youth authority or the department,
the court determines that the placement is so inappropriate as to violate the
rights of the youth offender or the youth offenders parents or guardians, the
court may direct the youth authority or the department to place the youth
offender in a specific type of residential placement, but the actual planning
and placement of the youth offender shall be the responsibility of the youth
authority or the department. Nothing in this section affects any contractual
right of a private agency to refuse or terminate a placement. [1993 c.33 §243;
1995 c.422 §131]
419C.495
When commitment to youth correction facility authorized. (1) A youth offender placed in the legal
custody of the Oregon Youth Authority may be placed in a youth correction
facility or in a private institution operated as a facility for youth offenders
requiring secure custody only when the juvenile court having jurisdiction so
recommends.
(2) A youth offender who is admitted to a
youth correction facility may be retained in the facility for the duration of
the commitment period. In no case may a youth offender be retained in a youth
correction facility after the youth offender has attained 25 years of age.
(3) No youth offender shall be transferred
or returned after discharge to a facility described in subsection (1) of this
section, except upon court order under this chapter.
(4) Nothing in subsection (3) of this
section shall be deemed to prohibit return of a youth offender to a facility
described in subsection (1) of this section, in the discretion of the youth
authority, if the youth offender has been released from the facility on
temporary or indefinite parole, or to prohibit transfer of a youth offender
from one such facility to another. [1993 c.33 §244; 1999 c.109 §2]
419C.498
Disposition under compact, agreement or arrangement with another state. If there is an interstate compact or
agreement or an informal arrangement with another state permitting the youth
offender to reside in another state while on probation or under protective
supervision, or to be placed in an institution or with an agency in another
state, the court may place the youth offender on probation or under protective
supervision in such other state, or, subject to ORS 419C.495, place the youth
offender in an institution in such other state in accordance with the compact,
agreement or arrangement. [1993 c.33 §245; 2003 c.396 §123]
419C.501
Duration of disposition. (1)
The court shall fix the duration of any disposition made pursuant to this
chapter and the duration may be for an indefinite period. Any placement in the
legal custody of the Department of Human Services or the Oregon Youth Authority
under ORS 419C.478 or placement under the jurisdiction of the Psychiatric
Security Review Board under ORS 419C.529 shall be for an indefinite period.
However, the period of institutionalization or commitment may not exceed:
(a) The period of time specified in the
statute defining the crime for an act that would constitute an unclassified
misdemeanor if committed by an adult;
(b) Thirty days for an act that would
constitute a Class C misdemeanor if committed by an adult;
(c) Six months for an act that would
constitute a Class B misdemeanor if committed by an adult;
(d) One year for an act that would
constitute a Class A misdemeanor if committed by an adult;
(e) Five years for an act that would
constitute a Class C felony if committed by an adult;
(f) Ten years for an act that would
constitute a Class B felony if committed by an adult;
(g) Twenty years for an act that would
constitute a Class A felony if committed by an adult; and
(h) Life for a young person who was found
to have committed an act that, if committed by an adult would constitute murder
or any aggravated form of murder under ORS 163.095 or 163.115.
(2) Except as provided in subsection
(1)(h) of this section, the period of any disposition may not extend beyond the
date on which the young person or youth offender becomes 25 years of age. [1993
c.33 §246; 1995 c.422 §85; 1999 c.964 §1; 2005 c.843 §11]
419C.504
Duration of probation. In
any case under ORS 419C.005 the court, notwithstanding ORS 419C.501, may place
the youth offender on probation to the court for a period not to exceed five
years. However, the period of probation shall not extend beyond the date on
which the youth offender becomes 23 years of age. [1993 c.33 §247; 1995 c.422 §86]
419C.507
Additional options; consultation. The court may, in lieu of or in addition to any disposition under this
chapter, direct that a youth offender be examined or treated by a physician,
psychiatrist or psychologist, or receive other special care or treatment in a
hospital or other suitable facility. If the court determines that mental health
examination and treatment should be provided by services delivered through the
Department of Human Services, the department shall determine the appropriate
placement or services in consultation with the court, the Oregon Youth
Authority and other affected agencies. If the youth authority or another
affected agency objects to the type of placement or services, the court shall
determine the appropriate type of placement or service. During the examination
or treatment of the youth offender, the department may, if appropriate, be
appointed guardian of the youth offender. [1993 c.33 §248; 2001 c.900 §124;
2003 c.396 §124]
419C.510
Advisory committee to study dispositions; recommendations. The Chief Justice of the Supreme Court shall
create an advisory committee consisting of three judges appointed by the Chief
Justice. The advisory committee shall study dispositions imposed in juvenile
court cases under ORS 419C.005 and make recommendations for disposition
criteria that consider:
(1) The protection of the community;
(2) The accountability of the offender;
and
(3) The competency of the offender. [1995
c.422 §127]
Note: 419C.510 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 419C or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
MENTAL
DISEASE OR DEFECT
419C.520
Definitions. As used in ORS
419C.411, 419C.522 to 419C.527 and 419C.529 to 419C.544:
(1) Conditional release includes but is
not limited to the monitoring of mental and physical health treatment.
(2) Mental disease or defect does not
include an abnormality:
(a) Manifested only by repeated criminal
or otherwise antisocial conduct;
(b) Constituting solely a personality
disorder; or
(c) Constituting solely a conduct
disorder.
(3) Serious mental condition means a
condition that requires supervision and treatment services for the safety of
others and is:
(a) A mental illness of major depression;
(b) A mental illness of bipolar disorder;
or
(c) A mental illness of psychotic
disorder. [2005 c.843 §3; 2007 c.889 §3]
419C.522
Mental disease or defect as affirmative defense. Mental disease or defect constituting
insanity under ORS 419C.411 (2) is an affirmative defense. [2005 c.843 §4]
419C.524
Notice prerequisite to defense; timing. (1) A youth may not introduce evidence on the issue of the defense set
forth in ORS 419C.522 unless the youth gives notice of intent to do so in the
manner provided in subsection (2) of this section.
(2) A youth who is required under
subsection (1) of this section to give notice must do so by filing a written
notice of intent. A youth who is not in detention must file the notice of
intent no later than 60 days after the petition is filed unless the court finds
good cause to extend the time. If the youth fails to file notice timely, the
youth may not introduce evidence for the establishment of the defense set forth
in ORS 419C.522 unless the court permits the evidence to be introduced when
just cause for failure to file the notice is shown.
(3) Just cause for failure to file notice
timely exists if the youth was not represented by counsel until after the
filing period.
(4) The filing of a notice of intent under
this section by a youth in detention constitutes express consent of the youth
for continued detention under ORS 419C.150. [2005 c.843 §5]
419C.527
Procedure for state to obtain mental examination of youth; limitations. Upon the filing of a written notice of
intent or the introduction of evidence by the youth as provided in ORS
419C.524, the state may have at least one psychiatrist certified, or eligible
to be certified, by the Oregon Medical Board in child psychiatry or licensed
psychologist with expertise in child psychology of its selection examine the youth.
Unless the court finds good cause to extend the time, the state must obtain an
examination under this section no later than 60 days after the notice of intent
was filed or the evidence was introduced. The state shall file notice with the
court of its intention to have the youth examined. Upon filing of the notice,
the court shall order the youth to participate in an examination. If the youth
objects to the examiner chosen by the state, the court for good cause shown may
direct the state to select a different examiner. The examiner shall provide a
copy of the report generated from the examination to the state. A report
generated from an examination under this section is a report relating to the
youths history and prognosis under ORS 419A.255 (2). [2005 c.843 §6]
419C.529
Finding of mental disease or defect; jurisdiction of Psychiatric Security
Review Board; conditional release or commitment. (1) After the entry of a jurisdictional
order under ORS 419C.411 (2), if the court finds by a preponderance of the
evidence that the young person, at the time of disposition, has a serious
mental condition or has a mental disease or defect other than a serious mental
condition and presents a substantial danger to others, requiring conditional
release or commitment to a hospital or facility designated on an individual
case basis by the Department of Human Services as provided in subsection (6) of
this section, the court shall order the young person placed under the
jurisdiction of the Psychiatric Security Review Board.
(2) The court shall determine whether the
young person should be committed to a hospital or facility designated on an
individual case basis by the department, as provided in subsection (6) of this
section, or conditionally released pending a hearing before the juvenile panel
of the Psychiatric Security Review Board as follows:
(a) If the court finds that the young
person is not a proper subject for conditional release, the court shall order
the young person committed to a secure hospital or a secure intensive community
inpatient facility designated on an individual case basis by the department, as
provided in subsection (6) of this section, for custody, supervision and
treatment pending a hearing before the juvenile panel in accordance with ORS
419C.532, 419C.535, 419C.538, 419C.540 and 419C.542 and shall order the young
person placed under the jurisdiction of the board.
(b) If the court finds that the young
person can be adequately controlled with supervision and treatment services if
conditionally released and that necessary supervision and treatment services
are available, the court may order the young person conditionally released,
subject to those supervisory orders of the court that are in the best interests
of justice and the young person. The court shall designate a qualified mental
health or developmental disabilities treatment provider or state, county or
local agency to supervise the young person on release, subject to those
conditions as the court directs in the order for conditional release. Prior to
the designation, the court shall notify the qualified mental health or
developmental disabilities treatment provider or agency to whom conditional
release is contemplated and provide the qualified mental health or
developmental disabilities treatment provider or agency an opportunity to be
heard before the court. After receiving an order entered under this paragraph,
the qualified mental health or developmental disabilities treatment provider or
agency designated shall assume supervision of the young person subject to the
direction of the juvenile panel. The qualified mental health or developmental
disabilities treatment provider or agency designated as supervisor shall report
in writing no less than once per month to the juvenile panel concerning the
supervised young persons compliance with the conditions of release.
(c) For purposes of determining whether to
order commitment to a hospital or facility or conditional release, the primary
concern of the court is the protection of society.
(3) In determining whether a young person
should be conditionally released, the court may order examinations or
evaluations deemed necessary.
(4) Upon placing a young person on
conditional release and ordering the young person placed under the jurisdiction
of the board, the court shall notify the juvenile panel in writing of the courts
conditional release order, the supervisor designated and all other conditions
of release pending a hearing before the juvenile panel in accordance with ORS
419C.532, 419C.535, 419C.538, 419C.540 and 419C.542.
(5) When making an order under this
section, the court shall:
(a) Determine whether the parent or
guardian of the young person is able and willing to assist the young person in
obtaining necessary mental health or developmental disabilities services and is
willing to acquiesce in the decisions of the juvenile panel. If the court finds
that the parent or guardian:
(A) Is able and willing to do so, the
court shall order the parent or guardian to sign an irrevocable consent form in
which the parent agrees to any placement decision made by the juvenile panel.
(B) Is unable or unwilling to do so, the
court shall order that the young person be placed in the legal custody of the
Department of Human Services for the purpose of obtaining necessary mental
health or developmental disabilities services.
(b) Make specific findings on whether
there is a victim and, if so, whether the victim wishes to be notified of any
board hearings concerning the young person and of any conditional release,
discharge or escape of the young person.
(c) Include in the order a list of the
persons who wish to be notified of any board hearing concerning the young
person.
(d) Determine on the record the act
committed by the young person for which the young person was found responsible
except for insanity.
(e) State on the record the mental disease
or defect on which the young person relied for the responsible except for
insanity defense.
(6) When the department designates a
hospital or facility for commitment of a young person under this section, the
department shall take into account the care and treatment needs of the young
person, the resources of the department and the safety of the public. [2005
c.843 §13; 2007 c.889 §4]
419C.530
Continuing jurisdiction of Psychiatric Security Review Board after placement. The juvenile panel of the Psychiatric
Security Review Board exercises continuing jurisdiction over a young person
committed to, or retained in, a hospital or facility designated by the
Department of Human Services under ORS 419C.529. If the board determines after
review that the placement of a young person in the particular hospital or
facility is so inappropriate as to create a substantial danger to others, the
board may direct the department to place the young person in a specific type of
facility or direct specific care or supervision, but the actual placement of
the young person is the responsibility of the department. [2007 c.889 §2]
419C.532
Hearings of juvenile panel of Psychiatric Security Review Board; requirements;
standards; dispositions. (1)
The juvenile panel of the Psychiatric Security Review Board shall conduct
hearings on an application for discharge, conditional release, commitment or
modification filed under or required by ORS 419C.538, 419C.540 and 419C.542,
and shall make findings on the issues before the juvenile panel.
(2) In every hearing before the juvenile
panel, the juvenile panel shall determine whether the young person:
(a) Has a serious mental condition; or
(b) Has a mental disease or defect other
than a serious mental condition and presents a substantial danger to others.
(3) The juvenile panel shall order a young
person discharged from commitment or conditional release if the juvenile panel
finds that the young person:
(a) No longer has a mental disease or
defect; or
(b) Has a mental disease or defect other
than a serious mental condition but no longer presents a substantial danger to
others.
(4) The juvenile panel shall order a young
person conditionally released subject to ORS 419C.538 if the juvenile panel
finds that:
(a) The young person:
(A) Has a serious mental condition; or
(B) Has a mental disease or defect other
than a serious mental condition and presents a substantial danger to others;
(b) The young person can be adequately
controlled with treatment services as a condition of release; and
(c) Necessary supervision and treatment
services are available.
(5) The juvenile panel shall order a young
person committed to, or retained in, a hospital or facility designated by the
Department of Human Services for custody, supervision and treatment subject to
ORS 419C.540 if the juvenile panel finds that the young person:
(a)(A) Has a serious mental condition; or
(B) Has a mental disease or defect other
than a serious mental condition and presents a substantial danger to others;
and
(b) Cannot be adequately controlled if
conditionally released.
(6) In determining whether a young person
should be committed to or retained in a hospital or facility, conditionally released
or discharged, the primary concern of the juvenile panel is the protection of
society.
(7) In a hearing before the juvenile
panel, a young person who has a mental disease or defect in a state of
remission is considered to have a mental disease or defect if the mental
disease or defect may, with reasonable medical probability, occasionally become
active.
(8) At any time, the juvenile panel may
appoint a psychiatrist certified, or eligible to be certified, by the Oregon
Medical Board in child psychiatry or a licensed psychologist with expertise in
child psychology to examine the young person and submit a written report to the
juvenile panel. Reports filed with the juvenile panel pursuant to the
examination must include, but need not be limited to, an opinion as to whether
the young person:
(a)(A) Has a serious mental condition; or
(B) Has a mental disease or defect other
than a serious mental condition and presents a substantial danger to others;
and
(b) Could be adequately controlled with
treatment services as a condition of release.
(9) The juvenile panel may make a
determination regarding discharge or conditional release based upon the written
report submitted under subsection (8) of this section or ORS 419C.540 (3). If a
member of the juvenile panel desires further information from the examining
psychiatrist or licensed psychologist who submitted the report, the juvenile
panel shall summon the psychiatrist or psychologist to give testimony.
(10) The juvenile panel shall consider all
available evidence that is material, relevant and reliable regarding the issues
before the juvenile panel. Evidence may include, but is not limited to, the
record of the juvenile court adjudication, information supplied by the attorney
representing the state or by any other interested person, including the young
person, information concerning the young persons mental condition and the
entire psychiatric and juvenile court history of the young person. All evidence
of a type commonly relied upon by reasonably prudent persons in the conduct of
their serious affairs is admissible at the hearings. Testimony must be taken
upon oath or affirmation of the witness from whom received. The officer
presiding at the hearing shall administer oaths and affirmations to witnesses.
(11) The standard of proof on all issues
at a hearing of the juvenile panel is by a preponderance of the evidence.
(12)(a) The juvenile panel shall furnish
written notice of any hearing pending under this section within a reasonable
time prior to the hearing to:
(A) The young person about whom the
hearing is being conducted;
(B) The attorney representing the young
person;
(C) The young persons parents or
guardians, if known;
(D) The person having legal custody of the
young person;
(E) The Attorney General or other attorney
representing the state, if any; and
(F) The district attorney and the court or
juvenile department of the county in which the young person was adjudicated.
(b) The juvenile panel shall include in
the notice required by paragraph (a) of this subsection:
(A) The time, place and location of the
hearing;
(B) The nature of the hearing, the
specific action for which the hearing has been requested, the issues to be
considered at the hearing and a reference to the particular sections of the statutes
and rules involved;
(C) A statement of the authority and
jurisdiction under which the hearing is to be held; and
(D) A statement of all rights under
subsection (13) of this section.
(13) A young person about whom a hearing
is being held has the right:
(a) To appear at all proceedings held
under this section, except juvenile panel deliberations.
(b) To cross-examine all witnesses
appearing to testify at the hearing.
(c) To subpoena witnesses and documents as
provided in ORS 161.395.
(d) To be represented by suitable legal
counsel possessing skills and experience commensurate with the nature and
complexity of the case, to consult with counsel prior to the hearing and, if
financially eligible, to have suitable counsel appointed at state expense.
(e) To examine all information, documents
and reports that the juvenile panel considers and, if the information,
documents and reports are available to the juvenile panel before the hearing,
to examine them prior to the hearing.
(14) Except for deliberations of the
juvenile panel, the juvenile panel shall keep a record of all hearings before
the juvenile panel.
(15) Upon request of a person listed in
subsection (12)(a) of this section or on its own motion, the juvenile panel may
continue a hearing for a reasonable period not to exceed 60 days to obtain
additional information or testimony or for other good cause shown.
(16) Within 15 days after the conclusion
of the hearing, the juvenile panel shall provide written notice of the juvenile
panels decision to the young person, the attorney representing the young
person, the young persons parents or guardians, if known, the person having
legal custody of the young person, the district attorney of the county in which
the young person was adjudicated and the Attorney General or other attorney
representing the state, if any.
(17) The juvenile panel shall maintain and
keep current the medical, social and delinquency history of all young persons.
The juvenile panel shall determine the confidentiality of records maintained by
the juvenile panel pursuant to ORS 192.501 to 192.505. [2005 c.843 §14]
419C.533
Rules. (1) The juvenile
panel of the Psychiatric Security Review Board, by rule pursuant to ORS 183.325
to 183.410 and not inconsistent with law, may implement its policies and set
out its procedure and practice requirements and may promulgate such
interpretive rules as the panel deems necessary or appropriate to carry out its
statutory responsibilities.
(2) The juvenile panel of the Psychiatric
Security Review Board shall adopt rules defining the type of dangerous behavior
that requires the temporary placement of a young person with mental retardation
in a secure hospital or facility.
(3) The juvenile panel of the Psychiatric
Security Review Board shall consult with the Department of Human Services
before issuing proposed rules for public comment and before adopting rules
under this section. [2007 c.889 §6]
419C.535
Appointed counsel; representation of state in contested hearings before panel. (1) If the juvenile panel of the Psychiatric
Security Review Board determines that a young person about whom a hearing under
ORS 419C.532 is being held is financially eligible, the juvenile panel shall
appoint suitable counsel to represent the young person. Counsel appointed must
be an attorney who satisfies the professional qualification standards
established by the Public Defense Services Commission under ORS 151.216. The
public defense services executive director shall determine and allow fair
compensation for counsel appointed under this subsection and the reasonable
expenses of the young person in respect to the hearing. Compensation payable to
appointed counsel may not be less than the applicable compensation level
established under ORS 151.216. The public defense services executive director
shall pay compensation and expenses allowed from funds available for that
purpose.
(2) When the juvenile panel appoints
counsel to represent the young person, the juvenile panel may order the young
person, if able, 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 young person, parent 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. The juvenile panels order of payment may be
entered in the County Clerk Lien Record and enforced as provided in ORS 205.126.
(3) The test of the young persons, parents
or estates ability to pay costs under subsection (2) of this section is the
same test as applied to appointment of counsel for defendants under ORS 135.050
or under the rules adopted under ORS 151.216. If counsel is provided at state
expense, the juvenile panel shall apply this test in accordance with the
guidelines adopted by the Public Defense Services Commission under ORS 151.485.
(4) If counsel is provided at state
expense, the juvenile panel shall determine the amount the young person, parent
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.
(5) The Attorney General may represent the
state at contested hearings before the juvenile panel unless the district
attorney of the county in which the young person was adjudicated elects to
represent the state. The district attorney of the county in which the young person
was adjudicated shall cooperate with the Attorney General in securing the
material necessary for presenting a contested hearing before the juvenile
panel. If the district attorney elects to represent the state, the district
attorney shall give timely written notice to the Attorney General, the juvenile
panel and the attorney representing the young person. [2005 c.843 §15]
419C.538
Conditional release. (1)
When the juvenile panel of the Psychiatric Security Review Board orders a young
person conditionally released under ORS 419C.532 (4), the juvenile panel may
designate a qualified mental health or developmental disabilities treatment
provider or state, county or local agency to supervise the young person on
release subject to those conditions as the juvenile panel directs in the order
for conditional release. Prior to the designation, the juvenile panel shall
notify the qualified mental health or developmental disabilities treatment
provider or agency to whom conditional release is contemplated and provide the
qualified mental health or developmental disabilities treatment provider or
agency an opportunity to be heard before the juvenile panel. After receiving an
order entered under ORS 419C.532 (4), the qualified mental health or
developmental disabilities treatment provider or agency designated shall assume
supervision of the young person pursuant to the direction of the juvenile
panel.
(2) Conditions of release contained in
orders entered under ORS 419C.532 (4) may be modified from time to time and
conditional release may be terminated by order of the juvenile panel as
provided in ORS 419C.532 and 419C.542.
(3)(a) As a condition of release, the
juvenile panel may require the young person to report to any state, county or
local mental health or developmental disabilities facility for evaluation.
Whenever medical, psychiatric or psychological treatment is recommended, the
juvenile panel may order the young person, as a condition of release, to
cooperate with and accept the treatment of the facility.
(b) The facility to which the young person
has been referred for evaluation shall perform the evaluation and submit a
written report of its findings to the juvenile panel. If the facility finds
that treatment of the young person is appropriate, the facility shall include
its recommendations for treatment in the report to the juvenile panel.
(c) Whenever treatment is provided by the
facility, the facility shall furnish reports to the juvenile panel on a regular
basis concerning the progress of the young person.
(d) The facility shall comply with any
other conditions of release prescribed by order of the juvenile panel.
(4) If at any time it appears to the
juvenile panel or the chairperson of the juvenile panel that a young person has
violated the terms of conditional release or that the mental health of the
young person has changed, the juvenile panel or the chairperson of the juvenile
panel may order the young person returned to a hospital or facility designated
by the Department of Human Services for evaluation and treatment. A written
order of the juvenile panel, or the chairperson of the juvenile panel on behalf
of the juvenile panel, is sufficient warrant for any peace officer to take the
young person into custody and transport the young person accordingly. A peace
officer shall execute the order, and the young person shall be returned as soon
as practicable to a facility designated by the department. Within 20 days
following the return of the young person to the facility designated by the
department, the juvenile panel shall conduct a hearing. At a hearing required
by this subsection, the state has the burden of proving the young persons lack
of fitness for conditional release.
(5) The community mental health and
developmental disabilities program director, the director of the facility
providing treatment for the young person on conditional release, a peace
officer or a person responsible for the supervision of a young person on
conditional release may take a young person into custody or request that the
young person be taken into custody if there is reasonable cause to believe the
young person presents a substantial danger to others and that the young person
is in need of immediate custody, supervision and treatment. A young person
taken into custody under this subsection must immediately be transported to a
hospital or facility designated by the department. Within 20 days following the
return of the young person to the facility designated by the department, the
juvenile panel shall conduct a hearing. At a hearing required by this
subsection, the state has the burden of proving the young persons lack of
fitness for conditional release.
(6)(a) A young person conditionally
released under ORS 419C.532 (4) may apply to the juvenile panel for discharge
from or modification of an order of conditional release on the ground that the
young person no longer has a mental disease or defect or, if affected by a
mental disease or defect other than a serious mental condition, no longer
presents a substantial danger to others and no longer requires supervision or
treatment services. Within 60 days after receiving an application under this
paragraph, the juvenile panel shall conduct a hearing. At a hearing required by
this paragraph, the young person has the burden of proving the young persons
fitness for discharge or modification of the order of conditional release. A
young person may not apply for discharge or modification of conditional release
more often than once every six months.
(b) Upon application by any qualified
mental health or developmental disabilities treatment provider or state, county
or local agency responsible for supervision or treatment services pursuant to
an order of conditional release, the juvenile panel shall conduct a hearing to
determine if the conditions of release should be continued, modified or
terminated. The application must be accompanied by a report setting forth the
facts supporting the application. At a hearing required by this paragraph, the
state has the burden of proving the young persons lack of fitness for
discharge or modification of the order of conditional release. [2005 c.843 §16;
2007 c.889 §5]
419C.540
Discharge or conditional release after commitment. (1) The director of a hospital or facility
to which a young person was committed under ORS 419C.532 (5) shall apply to the
juvenile panel of the Psychiatric Security Review Board for an order of
discharge or conditional release of the young person if, at any time after the
commitment, the director is of the opinion that the young person:
(a) No longer has a mental disease or
defect;
(b) Has a mental disease or defect other
than a serious mental condition but no longer presents a substantial danger to
others; or
(c) Can be controlled with proper
supervision and treatment services if conditionally released.
(2) The director shall include in an
application under subsection (1) of this section a report setting forth the
facts that support the opinion of the director. If the application is for
conditional release, the director shall also include a verified conditional
release plan. The juvenile panel shall hold a hearing on an application under
subsection (1) of this section within 30 days of its receipt. Not less than 10
days prior to the hearing before the juvenile panel, copies of the report must
be sent to the Attorney General or other attorney representing the state, if
any, the district attorney of the county in which the young person was
adjudicated, the young person, the young persons attorney, the young persons
parents or guardians, if known, and the person having legal custody of the
young person.
(3) The attorney representing the state
may choose a psychiatrist certified, or eligible to be certified, by the Oregon
Medical Board in child psychiatry or a licensed psychologist with expertise in
child psychology to examine the young person prior to any decision of the
juvenile panel on discharge or conditional release. The results of the
examination must be in writing and filed with the juvenile panel and must
include, but need not be limited to, an opinion as to whether the young person:
(a)(A) Has a serious mental condition; or
(B) Has a mental disease or defect other
than a serious mental condition and presents a substantial danger to others;
and
(b) Could be adequately controlled with
treatment services as a condition of release.
(4) A young person who has been committed
to a hospital or facility under ORS 419C.532 (5) or the young persons parents
or guardians acting on the young persons behalf may apply to the juvenile
panel for an order of discharge or conditional release upon the grounds that
the young person:
(a) No longer has a mental disease or
defect;
(b) Has a mental disease or defect other
than a serious mental condition but no longer presents a substantial danger to
others; or
(c) Can be controlled with proper
supervision and treatment services if conditionally released.
(5) When an application is made under
subsection (4) of this section, the juvenile panel shall require a report from
the director of the hospital or facility. The director shall prepare and
transmit the report as provided in subsection (2) of this section.
(6) At a hearing on an application under
subsection (4) of this section:
(a) The applicant has the burden of
proving the young persons fitness for discharge or conditional release; or
(b) If more than two years have passed
since the state had the burden of proving the young persons lack of fitness
for discharge or conditional release, the state has the burden of proving the
young persons lack of fitness for discharge or conditional release.
(7) A person may not file an application
for discharge or conditional release under subsection (4) of this section:
(a) Sooner than 90 days after the initial
juvenile panel hearing concerning the young person.
(b) If another application for discharge
or conditional release of the young person was filed during the immediately
preceding 90 days.
(8) The juvenile panel shall hold a
hearing on an application under subsection (4) of this section within 30 days
after the application is filed. [2005 c.843 §17]
419C.542
Hearings before juvenile panel of Psychiatric Security Review Board. (1) A young person committed by the court
under ORS 419C.529 to a hospital or facility designated by the Department of
Human Services may not be held in the hospital or facility for more than 90
days from the date of the courts commitment order without an initial hearing
before the juvenile panel of the Psychiatric Security Review Board to determine
whether the young person should be discharged or conditionally released.
(2) A young person may not be held
pursuant to an order under ORS 419C.532 (5) for a period of time exceeding one
year without a hearing before the juvenile panel to determine whether the young
person should be discharged or conditionally released.
(3) When a young person has spent three
years on conditional release, the juvenile panel shall bring the young person
before the juvenile panel no later than 30 days after the expiration of the
three-year period. The juvenile panel shall review the young persons status
and determine whether the young person should be discharged from the
jurisdiction of the board.
(4) Notwithstanding the fact that a young
person who is brought before the juvenile panel under subsection (3) of this
section continues to have a serious mental condition, the juvenile panel may
discharge the young person if the young person did not exhibit behaviors that
presented a substantial danger to others during the period of conditional release
and no longer requires supervision by the juvenile panel. [2005 c.843 §18]
419C.544
Transfer of cases from juvenile panel to adult panel of Psychiatric Security
Review Board. (1) When a
young person attains 18 years of age, the juvenile panel of the Psychiatric
Security Review Board shall transfer the young persons case to the adult panel
of the board if the act that brought the young person within the boards
jurisdiction would constitute murder or any aggravated form of murder if
committed by an adult.
(2) At any time after a young person not
described in subsection (1) of this section attains 18 years of age, the
juvenile panel of the board may hold a hearing to determine whether it is in
the young persons best interest to transfer the young persons case to the
adult panel of the board. The juvenile panel of the board shall transfer the
young persons case to the adult panel of the board unless good cause is shown
for retaining the young persons case with the juvenile panel. [2005 c.843 §19]
LEGAL
CUSTODIAN OF YOUTH OR YOUTH OFFENDER
419C.550
Duties and authority. A
person, agency or institution having legal custody of a youth or youth offender
has the following duties and authority:
(1) To have physical custody and control
of the youth or youth offender.
(2) To supply the youth or youth offender
with food, clothing, shelter and incidental necessaries.
(3) To provide the youth or youth offender
with care, education and discipline.
(4) To authorize ordinary medical, dental,
psychiatric, psychological, hygienic or other remedial care and treatment for
the youth or youth offender, and, in an emergency when the youth or youth
offenders safety appears urgently to require it, to authorize surgery or other
extraordinary care.
(5) To make such reports and to supply
such information to the court as the court may from time to time require.
(6) To apply for any Social Security
benefits or public assistance to which the youth or youth offender is otherwise
entitled and to use the benefits or assistance to pay for the care of the youth
or youth offender. [1993 c.33 §250; 1993 c.367 §2; 2003 c.396 §125]
GUARDIAN
419C.555
Authority to appoint guardian.
Except when the court grants legal custody to the Oregon Youth Authority, the
court may grant guardianship of the youth offender to a private institution or
agency to which the youth offender is committed or to some suitable person or
entity if it appears necessary to do so in the interests of the youth offender.
[1993 c.33 §249; 2003 c.396 §126]
419C.558
Duties and authority of guardian. A person, agency or institution having guardianship of a youth
offender by reason of appointment by the court has the duties and authority of
a guardian of the youth offender, including but not limited to the following:
(1) To authorize surgery for the youth
offender, but this authority does not prevent the person having legal custody
of the youth offender from acting under ORS 419C.550 (4).
(2) To authorize the youth offender to
enlist in the Armed Forces of the
(3) To consent to the youth offenders
marriage.
(4) To make other decisions concerning the
youth offender of substantial legal significance.
(5) To make such reports and to supply
such information to the court as the court may from time to time require. [1993
c.33 §251; 2003 c.396 §127]
419C.561
Limitation of guardianship granted by juvenile court. A person appointed guardian of a youth
offender by the court is guardian only and not a conservator of the estate of
the youth offender, unless that person is appointed conservator of the youth
offenders estate in a protective proceeding as provided in ORS chapter 125. [1993
c.33 §252; 1995 c.664 §95; 2003 c.396 §128]
AUTHORITY OF
COURT OVER PARENT OR GUARDIAN
419C.570
Parent or guardian summoned subject to jurisdiction of court; probation
contract. (1)(a) A parent or
legal guardian of a youth offender, if the parent or guardian was served with
summons under ORS 419C.300, 419C.303 and 419C.306 prior to the adjudication or
at least 10 days prior to disposition, is subject to the jurisdiction of the
court for purposes of this section. The court may:
(A) Order the parent or guardian to assist
the court in any reasonable manner in providing appropriate education or
counseling for the youth offender;
(B) If the youth offender is within the
jurisdiction of the court for having committed an act that if committed by an
adult would constitute a violation of ORS 166.250, 166.370 or 166.382, require
the parent or guardian to pay or cause to be paid all or part of the reasonable
costs of any mental health assessment or screening ordered by the court under
ORS 419C.109 (3);
(C) If the court orders probation, require
the parent or guardian to enter into a contract with the juvenile department in
regard to the supervision and implementation of the youth offenders probation;
or
(D) If the court orders probation, require
the parent or guardian to pay all or a portion of the supervision fee if a
supervision fee is imposed under ORS 419C.446 (2).
(b) In all cases in which a youth offender
is placed on probation, the juvenile department and the parent or guardian
shall develop a plan for supervision of the youth offender. The plan must be
reasonably calculated to provide the supervision necessary to prevent further
acts of delinquency given the individual circumstances of the youth offender.
The court shall review and ratify the plan and make the plan a part of the
probation order.
(2) The court may require the parent or
guardian to pay a specific sum not to exceed $1,000 for a violation by the
parent or guardian of the courts order or the contract under subsection (1)(a)
of this section.
(3) The court may not revoke a youth
offenders probation solely because of a failure of the youth offenders parent
or guardian to comply with an order or a contract under subsection (1)(a) of
this section. [1993 c.33 §253; 1995 c.592 §1; 1999 c.577 §12; 2001 c.485 §1;
2003 c.396 §129]
419C.573
Court may order education or counseling. (1)(a) The court may order the parent or guardian to participate in
any educational or counseling programs as are reasonably directed toward
improvement of parenting skills and the ability of the parent to supervise the
youth offender if the court finds:
(A) That a deficiency in parenting skills
has significantly contributed to the circumstances bringing the youth offender
within the jurisdiction of the court; and
(B) That participation would be consistent
with the best interests of the youth offender.
(b) The programs may include, but need not
be limited to, parenting classes.
(c) The court may order such participation
with the youth offender or separately.
(2) As an alternative to a contempt
proceeding, the court may require a parent or guardian to pay a specific sum
not to exceed $1,000 for a violation by the parent or guardian of an order
under subsection (1) of this section.
(3) The court may not revoke a youth
offenders probation solely because of a failure of the youth offenders parent
or guardian to comply with an order under subsection (1) of this section. [1993
c.33 §254; 1995 c.592 §2; 2003 c.396 §130]
419C.575
Court may order drug or alcohol treatment; hearing required; appointment of
counsel for parent or guardian.
If the court finds that the parents or guardians addiction to or habitual use
of alcohol or controlled substances has significantly contributed to the
circumstances bringing the youth offender within the jurisdiction of the court,
the court may conduct a special hearing to determine if the court should order
the parent or guardian to participate in treatment and pay the costs thereof.
Notice of this hearing shall be by special petition and summons to be filed by
the court and served upon the parent or guardian. The court shall appoint
counsel to represent the parent or guardian if the parent or guardian is
eligible under ORS 135.050. If, at this hearing, the court finds it is in the
best interest of the youth offender for the parent or guardian to be directly
involved in treatment, the judge may order the parent or guardian to
participate in treatment. The dispositional order shall be in writing and shall
contain appropriate findings of fact and conclusions of law. The judge shall
state with particularity, both orally and in the written order of the
disposition, the precise terms of the disposition. [1993 c.33 §255; 1993 c.546 §90;
1995 c.422 §87; 2003 c.396 §131]
SUPPORT
419C.590
Authority of court to order support; hearing; determination of amount. (1) The court may, after a hearing on the
matter, require the parents or other person legally obligated to support a
youth offender to pay toward the youth offenders support such amounts at such
intervals as the court may direct, while the youth offender is within the
jurisdiction of the court even though the youth offender is over 18 years of
age as long as the youth offender is a child attending school, as defined in
ORS 107.108.
(2) At least 21 days before the hearing,
the court shall notify the Administrator of the Division of Child Support of
the Department of Justice, or the branch office providing support services to
the county where the hearing will be held, of the hearing. Before the hearing
the administrator shall inform the court, to the extent known:
(a) Whether there is pending in this state
or any other jurisdiction any type of support proceeding involving the youth
offender, including a proceeding brought under ORS 25.287, 107.085, 107.135,
107.431, 108.110, 109.100, 109.103, 109.165, 125.025, 416.400 to 416.465 or
419B.400 or ORS chapter 110; and
(b) Whether there exists in this state or
any other jurisdiction a support order, as defined in ORS 110.303, involving
the youth offender.
(3) The Judicial Department and the
Department of Justice may enter into an agreement regarding how the courts give
the notice required under subsection (2) of this section to the Department of
Justice and how the Department of Justice gives the information described in
subsection (2)(a) and (b) to the courts.
(4) The court, in determining the amount
to be paid, shall use the scale and formula provided for in ORS 25.275 and
25.280. Unless otherwise ordered, the amounts so required to be paid shall be
paid to the Department of Justice or the county clerk, whichever is
appropriate, for transmission to the person, institution or agency having legal
custody of the youth offender. [1993 c.33 §256; 1997 c.704 §§47,61; 2003 c.116 §17;
2003 c.396 §132a]
419C.592
Support order is judgment and final. Any order for support entered pursuant to ORS 419C.590 is a judgment
and is final as to any installment or payment of money which has accrued up to
the time either party makes a motion to set aside, alter or modify the order,
and the court does not have the power to set aside, alter or modify such order,
or any portion thereof, which provides for any payment of money, either for
minor children or the support of a party, which has accrued prior to the filing
of such motion. [1993 c.33 §257; 2003 c.576 §253]
419C.595
Support for youth offender in state financed or supported residence. Any order for support entered pursuant to
ORS 419C.590 for a youth offender in the care and custody of the Oregon Youth
Authority may be made contingent upon the youth offender residing in a state
financed or supported residence, shelter or other facility or institution. A
certificate signed by the director of the youth authority, the Administrator of
the Division of Child Support or the administrators authorized representative
is sufficient to establish such periods of residence and to satisfy the order
for periods of nonresidence. [1993 c.33 §259; 2003 c.396 §133]
419C.597
Assignment of support obligation to state. When a youth offender or other offender is in the legal or physical
custody of the Oregon Youth Authority and the offender is the beneficiary of an
order of support in a judgment of dissolution or other order and the youth
authority is required to provide financial assistance for the care and support
of the offender, the youth authority shall be assignee of and subrogated to the
offenders proportionate share of any such support obligation including sums
that have accrued whether or not the support order or judgment provides for
separate monthly amounts for the support of each of two or more children or a
single monthly gross payment for the benefit of two or more children, up to the
amount of assistance provided by the youth authority. The assignment shall be
as provided in ORS 412.024. [1993 c.33 §258; 1999 c.80 §77; 2001 c.455 §23;
2003 c.572 §19; 2003 c.576 §453]
419C.600
Enforcement. (1) An order of
support entered pursuant to ORS 419C.590, 419C.592, 419C.595 and 419C.597 may
be enforced by execution or in the manner provided by law for the enforcement
of a judgment granting an equitable remedy or by an order to withhold pursuant
to ORS 25.372 to 25.427.
(2) No property of the youth offenders
parents, or either of them, or other person legally obligated to support the
youth offender is exempt from levy and sale or other process to enforce
collection of the amounts ordered by the court to be paid toward the support of
the youth offender. [1993 c.33 §260; 1993 c.798 §31a; 2003 c.396 §134]
MODIFICATION
OF ORDERS
419C.610
Authority to modify or set aside orders. (1) Except as provided in ORS 419C.613, 419C.615 and 419C.616, the
court may modify or set aside any order made by it upon such notice and with
such hearing as the court may direct.
(2) When the court modifies or sets aside
an order of jurisdiction based on a petition alleging that a youth offender has
committed an act that would constitute a sex crime, as defined in ORS 181.594,
if committed by an adult, the court shall make written findings stating the
reason for modifying or setting aside the order. [1993 c.33 §261; 2001 c.803 §1]
419C.613
Notice of modification. (1)
Except as provided in subsection (2) of this section, notice and a hearing as
provided in this chapter shall be granted in any case where the effect of
modifying or setting aside the order will or may be to deprive a parent of the
legal custody of the youth offender, to place the youth offender in an
institution or agency or to transfer the youth offender from one institution or
agency to another. However, the provisions of this subsection do not apply to a
parent whose rights have been terminated by the court or whose child has been
permanently committed by order of the court unless an appeal from such order is
pending.
(2) Notice and a hearing as provided in
subsection (1) of this section are not required where the effect of modifying
or setting aside the order will be to transfer the youth offender from one
foster home to another. [1993 c.33 §262; 2003 c.396 §135]
419C.615
Grounds for setting aside order; procedure; appeal. (1) In addition to any other grounds upon
which a person may petition a court under ORS 419C.610, a person may petition
the court on the following grounds to set aside an order finding the person to
be within the jurisdiction of the court under ORS 419C.005:
(a) A substantial denial in the
proceedings resulting in the persons adjudication, or in the appellate review
of the adjudication, of the persons rights under the United States
Constitution or the Oregon Constitution, or both, and the denial rendered the
adjudication void; or
(b) Unconstitutionality of the statute
making criminal, if the person were an adult, the acts for which the person was
adjudicated.
(2) When a person petitions the court on
one of the grounds listed in subsection (1) of this section:
(a) A copy of the petition shall be served
on the district attorney, who shall represent the state in the matter.
(b) The court shall decide the issues
raised. The court may receive proof by affidavits, depositions and other
competent evidence. Oral testimony may be taken by telephone or other means
approved by the court. The petitioner has the burden of proving by a
preponderance of the evidence the facts alleged in the petition.
(c) The court shall set aside the order
finding the petitioner to be within the jurisdiction of the court if the
petitioner establishes one of the grounds set forth in subsection (1) of this
section.
(3) Either the petitioner or the state may
appeal from the courts order granting or denying a petition for relief under
this section. The manner of taking the appeal and the scope of review are the
same as provided under ORS 419A.200.
(4) Nothing in this section may be
construed to limit the original jurisdiction of the Supreme Court in habeas
corpus as provided by the Oregon Constitution. [2001 c.803 §3]
419C.616
Effect of prior proceeding on petition under ORS 419C.615. (1) The effect of a prior proceeding
concerning the adjudication of the person that is challenged in a petition
under ORS 419C.615 is as follows:
(a) The failure of the petitioner to have
sought appellate review of the adjudication, or to have raised matters alleged
in the petition at the prior proceeding, does not affect the availability of
relief under ORS 419C.615. No proceeding under ORS 419C.615 may be pursued
while direct appellate review of the adjudication remains available.
(b) When the petitioner sought and
obtained direct appellate review of the adjudication, no ground for relief may
be asserted in a petition for relief under ORS 419C.615 unless the ground was
not asserted and could not reasonably have been asserted in the direct appellate
review proceeding. If the petitioner was not represented by counsel in the
direct appellate review proceeding, due to lack of funds to retain such counsel
and the failure of the court to appoint counsel for that proceeding, any ground
for relief under ORS 419C.615 that was not specifically decided by the
appellate court may be asserted in the petition described in ORS 419C.615.
(2) The court may grant leave, at any time
prior to entry of an order granting or denying relief, to withdraw the
petition. The court may make appropriate orders as to the amendment of the
petition or any other pleading, as to the filing of further pleadings, or as to
extending the time of filing of any pleading other than the original petition.
(3) All grounds for relief claimed in a
petition described in ORS 419C.615 must be asserted in the original or amended
petition, and any grounds not asserted are deemed waived, unless the court on
hearing a subsequent petition finds grounds for relief asserted therein that
could not reasonably have been raised in the original or amended petition.
However, any prior petition or amended petition that was withdrawn prior to the
entry of an order granting or denying relief by leave of the court, as provided
in subsection (2) of this section, has no effect on the right of the petitioner
to bring a subsequent petition. [2001 c.803 §4]
419C.617
Time limitation for certain adults seeking relief under ORS 419C.615. If a person seeking relief under ORS
419C.615 is over 18 years of age and is no longer within the jurisdiction of
the juvenile court, the petition must be filed within two years of the
following, unless the court on hearing a subsequent petition finds grounds for
relief asserted therein that could not reasonably have been raised in the original
petition or an amended petition:
(1) If no appeal is taken, the date the
juvenile court adjudication was entered in the register.
(2) If an appeal is taken, the date the
appeal is final in the
REPORTS BY AGENCY
HAVING GUARDIANSHIP OR LEGAL CUSTODY
419C.620
Circumstances requiring report.
When required by the court, the Oregon Youth Authority or a private agency
having guardianship or legal custody of a youth offender pursuant to court
order shall file reports on the youth offender with the juvenile court that
entered the original order concerning the youth offender. [1993 c.33 §263; 1999
c.92 §2; 2005 c.159 §5]
419C.623
Frequency and content of report. (1) The Oregon Youth Authority or private agency shall file the
reports required by ORS 419C.620 at times required by the court, required by
the youth offenders reformation plan or case plan and as determined necessary
by the youth authority or agency. The youth authority or agency shall file
reports more frequently if the court so orders. The reports shall include, but
need not be limited to:
(a) A description of the offenses that
necessitated the placement of the youth offender with the youth authority or
agency;
(b) A description of the youth offenders
risk to reoffend and an analysis of the need for services and assistance; and
(c) A proposed reformation plan or case
plan, or proposed continuation or modification of an existing reformation plan
or case plan, including, where applicable, a description of services to be
provided in furtherance of the youth offenders reformation and safe return to
the community.
(2) Notwithstanding the requirements of
subsection (1) of this section, reports following the first report that is
required by subsection (1) of this section need not contain information
contained in prior reports.
(3) Notwithstanding the requirements under
ORS 419C.620 that reports be filed with the court, any report after the first
report that is required by subsection (1) of this section on a youth offender
whose case is being regularly reviewed by a local citizen review board shall be
filed with that local citizen review board rather than with the court. [1993
c.33 §264; 1999 c.92 §3; 2005 c.159 §6]
419C.626
Review hearing by court; findings; appeal. (1) Upon receiving a report required by ORS 419C.620:
(a) The court may hold a hearing to review
the youth offenders condition and circumstances and to determine if the court
should continue jurisdiction over the youth offender or order modifications in
the custody, placement and supervision of the youth offender.
(b) And if requested by the youth
offender, the attorney for the youth offender, if any, the parents of the youth
offender if parental rights have not been terminated, a court appointed special
advocate, a local citizen review board, the Oregon Youth Authority, a district
attorney or a private agency having guardianship or legal custody of the youth
offender, the court shall hold a hearing within 30 days of receipt of the
request.
(2) The court, on its own motion, may hold
a review hearing at any time. Unless good cause otherwise is shown, the court
shall hold a review hearing at any time upon the request of the youth offender,
the attorney for the youth offender, if any, the parents of the youth offender
if parental rights have not been terminated, a court appointed special
advocate, a local citizen review board, the youth authority, a district
attorney or a private agency having guardianship or legal custody of the youth
offender.
(3) A hearing under subsection (1) or (2)
of this section shall be conducted in the manner provided in ORS 419C.400 (1),
419C.405 and 419C.408, except that the court may receive testimony and reports
as provided in ORS 419C.400 (4). At the conclusion of the hearing, the court
shall enter findings of fact if the decision is to continue the youth offender
in an out-of-home placement in the legal custody of the youth authority or a
private agency. The findings shall specifically state:
(a) Why continued out-of-home placement is
necessary as opposed to returning the youth offender to the youth offenders
home or promptly securing another placement;
(b) The expected timetable for return
home; and
(c) Whether the youth offenders
reformation plan or case plan should be modified.
(4) The court may direct the local citizen
review board to review the status of the youth offender prior to the courts
next review under ORS 419A.106, 419A.108, 419A.110, 419A.112, 419A.116 and
419A.118.
(5) Any final decision of the court made
pursuant to a hearing under subsection (1) or (2) of this section is appealable
under ORS 419A.200. [1993 c.33 §265; 1999 c.92 §4; 2001 c.480 §10; 2001 c.910 §6;
2005 c.159 §7; 2005 c.843 §26]
419C.629
Distribution of report by court. Except when a youth offender has been surrendered for adoption or the
parents rights have been terminated, the court shall send a copy of a report
required by ORS 419C.620 to the parents of the youth offender and shall notify
the parents either that a hearing will be held or that the parents may request
a hearing at which time they may ask for modifications in the custody,
placement and supervision of the youth offender. If the court finds that
informing the parents of the identity and location of the foster parents of the
youth offender or providing other information in the youth offenders
reformation plan or case plan is not in the best interest of the youth
offender, the court may order the information deleted from the report before
sending the report to the parents. [1993 c.33 §266; 1999 c.92 §6; 2005 c.159 §8]
419C.640 [1993 c.33 §267; repealed by 1999 c.92 §7]
DISPOSITIONAL
REVIEW HEARINGS
419C.650 [1993 c.33 §268; 2003 c.396 §136; repealed
by 2005 c.159 §10]
419C.653
Notice; appearance. (1) The
court may order that the youth offender or any other person be present during a
hearing under ORS 419C.626.
(2) The court shall notify the parties
listed in ORS 419C.626 and any other interested parties of the hearing. The
notice shall state the time and place of the hearing. Upon request of the
court, the Oregon Youth Authority or other legal custodian of the youth
offender shall provide the court with information concerning the whereabouts
and identity of such parties. If the victim requests notice, the district
attorney or juvenile department shall notify the victim of the time and place
of the hearing. [1993 c.33 §269; 2003 c.396 §137; 2005 c.159 §9; 2007 c.609 §24]
419C.656 [1993 c.33 §270; 2001 c.480 §11; 2001 c.910 §7;
2003 c.396 §138; repealed by 2005 c.159 §10]
CURFEW
419C.680
Curfew; parental responsibility; authority of political subdivisions; custody
authorized. (1) No minor
shall be in or upon any street, highway, park, alley or other public place
between the hours of 12 midnight and 4 a.m. of the following morning, unless:
(a) Such minor is accompanied by a parent,
guardian or other person 18 years of age or over and authorized by the parent
or by law to have care and custody of the minor;
(b) Such minor is then engaged in a lawful
pursuit or activity which requires the presence of the minor in such public
places during the hours specified in this section; or
(c) The minor is emancipated pursuant to
ORS 419B.550 to 419B.558.
(2) No parent, guardian or person having
the care and custody of a minor under the age of 18 years shall allow such
minor to be in or upon any street, highway, park, alley or other public place
between the hours specified in subsection (1) of this section, except as
otherwise provided in that subsection.
(3) Subsections (1) and (2) of this
section do not affect the authority of any political subdivision to make
regulations concerning the conduct of minors in public places by ordinance or
other local law, provided, that the local ordinance or law restricts curfew
hours at least to the extent required by subsections (1) and (2) of this
section.
(4) The county court or board of county
commissioners of any county may provide by ordinance for a curfew restriction
on minors applicable to areas not within a city, which has the same terms
provided in subsection (1) of this section except that the period of curfew may
include hours in addition to those specified in subsection (1) of this section.
The ordinance may provide different periods of curfew for different age groups.
(5) Any minor who violates subsection (1)
of this section or an ordinance established under subsection (4) of this
section may be taken into custody as provided in ORS 419C.080, 419C.085 and
419C.088 and may be subjected to further proceedings as provided in this
chapter. [1993 c.33 §271; 1993 c.546 §140; 1995 c.593 §2; 1997 c.727 §9]
_______________
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