2007 Oregon Code - Chapter 420 :: Chapter 420 - Youth Correction Facilities - Youth Care Centers
Chapter 420 —
Youth Correction Facilities;
2007 EDITION
YOUTH CORRECTION FACILITIES;
HUMAN SERVICES; JUVENILE CODE; CORRECTIONS
GENERAL PROVISIONS
420.005Â Â Â Â Definitions
420.011Â Â Â Â Admissions
to youth correction facilities; assignment of persons within custody of
Department of Corrections; temporary assignment; return to Department of
Corrections custody
420.014Â Â Â Â Population
limits; controlling admissions; rules
420.017Â Â Â Â Diversion
plan
420.019Â Â Â Â Implementation
of diversion plan
420.021Â Â Â Â Expenses
borne by county
420.031Â Â Â Â Wardship
over youth offender at youth correction facility; legal custody of youth
offender
420.040Â Â Â Â Liability
for misconduct of youth offender placed in youth correction facility
420.045Â Â Â Â Parole;
discharge; revocation of parole
420.048Â Â Â Â Notice
required when youth offender transfers to new school district
420.054Â Â Â Â Authorization
for medical and other remedial care and treatment of person in physical custody
of youth authority
EMPLOYMENT PROGRAM
420.060Â Â Â Â Employment
agreements; definitions
420.065Â Â Â Â Youth
offenderÂ’s compensation; disposition of compensation
420.070Â Â Â Â Youth
offender in legal custody of superintendent
420.074Â Â Â Â Employment
status of youth offender
PETTY CASH FUND
420.077Â Â Â Â Petty
cash fund
WORK AND TRAINING CAMPS
420.210Â Â Â Â Establishing
work and training camps for youth offenders
420.215Â Â Â Â Operation
of camps by Director of Oregon Youth Authority
420.220Â Â Â Â Responsibility
for custody of youth offenders assigned to camp
420.225Â Â Â Â Cooperation
with public agencies in work assignments
420.230Â Â Â Â Contracts
with public agencies
420.235Â Â Â Â Return
of rule violator or bad security risk to more secure youth correction facility
COMMITMENT OF YOUTH OFFENDERS TO HOSPITALS OR
OTHER FACILITIES
420.500Â Â Â Â Restriction
on transfer of youth offenders to institutions
420.505Â Â Â Â Application
by youth offender in youth correction facility for admission to hospital or
facility; examination of applicant; limitation on involuntary retention at
institution
PAYMENT OF COMMITMENT PROCEEDING EXPENSES
420.525Â Â Â Â County
of youthÂ’s residence to pay certain expenses of commitment proceedings
PLACEMENT OF YOUTHS IN FOSTER HOMES
420.810Â Â Â Â Placement
of youths in foster homes
420.815Â Â Â Â Placement
agreements with persons or families
420.821Â Â Â Â Visiting
of foster homes by staff members
420.825Â Â Â Â Replacement
of youth
420.835Â Â Â Â Prohibition
of interference with control of placed child
420.840Â Â Â Â Cooperation
of superintendents with other child welfare agencies
YOUTH CARE CENTERS
420.855Â Â Â Â Definitions
for ORS 420.855 to 420.885
420.860Â Â Â Â Policy
and intent
420.865Â Â Â Â Commitment
to youth care center
420.870Â Â Â Â Standards
for approval of youth care centers
420.875Â Â Â Â Application
for state support of center; required reports
420.880Â Â Â Â Level
of state support
420.885Â Â Â Â Audit
and payment of claims
YOUTH OFFENDER FOSTER HOMES
420.888Â Â Â Â Definitions
for ORS 420.888 to 420.892
420.890Â Â Â Â Certification
of youth offender foster homes
420.892Â Â Â Â Certification
standards; rules
APPREHENSION OF ESCAPED, ABSENT OR PAROLED
YOUTH OFFENDERS
420.905Â Â Â Â Definitions
for ORS 420.905 to 420.915
420.910Â Â Â Â Arrest
and detention of escaped, absent or paroled youth offenders
420.915Â Â Â Â Procedure
upon apprehension of escapee, absentee or parole violator; rules
PENALTIES
420.990Â Â Â Â Penalties
GENERAL PROVISIONS
     420.005
Definitions. As used in ORS
420.005 to 420.048, 420.060 to 420.235, 420.810 to 420.840 and 420.905 to
420.915, unless the context requires otherwise:
     (1) “Design capacity” means the number of
youth offenders or other persons a youth correction facility is able to hold
based on applicable safety codes and standards.
     (2) “Director” means the Director of the
Oregon Youth Authority.
     (3) “Youth authority” means the Oregon
Youth Authority.
     (4) “Youth correction facility” means a
facility used for the confinement of youth offenders and other persons placed
in the legal or physical custody of the youth authority and includes secure
regional youth facilities, regional accountability camps, residential academies
and satellites, camps and branches of those facilities.
     (5) “Youth offender” has the meaning given
that term in ORS 419A.004. [1965 c.616 §29; 1969 c.597 §128; 1971 c.401 §96;
1985 c.229 §1; 1995 c.422 §88; 1999 c.109 §4; 2001 c.295 §13; 2003 c.396 §139]
     420.010 [Repealed by 1965 c.616 §101]
     420.011
Admissions to youth correction facilities; assignment of persons within custody
of Department of Corrections; temporary assignment; return to Department of
Corrections custody. (1)
Except as provided in subsections (2) and (3) of this section, admissions to
the youth correction facilities are limited to youth offenders who are at least
12 but less than 19 years of age, found by the juvenile court to have committed
an act that if committed by an adult would constitute aggravated murder,
murder, a felony or a Class A misdemeanor and placed in the legal custody of
the Oregon Youth Authority. A youth offender admitted to a youth correction
facility may not be transferred by administrative process to any penal or
correctional institution.
     (2)(a) In addition to the persons placed
in the legal custody of the youth authority under ORS 419C.478 (1) or 419C.481,
and with the concurrence of the Director of the Oregon Youth Authority or the
directorÂ’s designee, persons who are committed to the Department of Corrections
under ORS 137.124 and meet the requirements of ORS 137.124 (5) or (7) may be
temporarily assigned to a youth correction facility as provided by ORS 137.124
(5) or (7). A person assigned on such a temporary basis remains within the
legal custody of the Department of Corrections and such reassignment is subject
to termination by the Director of the Oregon Youth Authority by referring the
person back to the Department of Corrections as provided in paragraph (b) of
this subsection.
     (b) After a person is transferred to the
physical custody of the youth authority under ORS 137.124 (5) or (7), the
Director of the Oregon Youth Authority may refer the person back to the
Department of Corrections for physical custody and placement if the director,
after consulting with the Department of Corrections, determines that the
person:
     (A) Poses a substantial danger to youth
authority staff or persons in the custody of the youth authority; or
     (B) Is not likely, in the foreseeable
future, to benefit from the rehabilitation and treatment programs administered
by the youth authority and is appropriate for placement in a Department of
Corrections institution.
     (3) Any person under 18 years of age at
the time of committing the crime and under 20 years of age at the time of
sentencing and commitment who, after waiver under ORS 419C.349, 419C.352,
419C.364 or 419C.370 or sentencing under ORS 137.707 (5)(b)(A) or (7)(b) or
137.712, is sentenced to a term of imprisonment in the custody of the
Department of Corrections, and any person under 16 years of age who after
waiver under ORS 419C.349, 419C.352, 419C.364 or 419C.370 or sentencing under
ORS 137.707 (5)(b)(A) or (7)(b) or 137.712 is sentenced to a term of
imprisonment in the county jail, shall be temporarily assigned to a youth
correction facility by the Department of Corrections, or by the sheriff to
whose custody the person has been committed, pursuant to ORS 137.124 (6). The
director shall designate the appropriate youth correction facility or schools
for such assignment. A person assigned to a youth correction facility under ORS
137.124 (6) and this subsection remains within the legal custody of the
Department of Corrections or sheriff to whose custody the person was committed.
The assignment of such a person to the youth correction facility is subject,
when the person is 16 years of age or older, to termination by the director by
referring the person back to the Department of Corrections or the sheriff to
serve the balance of the personÂ’s sentence. Assignment to a youth correction
facility pursuant to ORS 137.124 (6) and this subsection, if not terminated
earlier by the director, shall terminate upon the personÂ’s attaining the age
specified in ORS 420A.010 (5) setting the age limits for which the Oregon Youth
Authority may retain legal and physical custody of the person, and the person
shall be referred to the Department of Corrections or the sheriff having legal
custody of the person to serve the balance of the personÂ’s sentence.
     (4) Whenever a person committed to the
custody of the Department of Corrections is temporarily assigned to a youth
correction facility pursuant to this section, the youth authority may provide
programs and treatment for the person, and may adopt rules relating to
conditions of confinement at the youth correction facility, as the youth
authority determines are appropriate. However, the person remains subject to
laws and rules of the State Board of Parole and Post-Prison Supervision
relating to parole. [1965 c.616 §31; 1969 c.679 §5; 1971 c.401 §98; 1971 c.458 §1;
1975 c.182 §1; 1983 c.815 §2; 1985 c.631 §7; 1987 c.320 §159; 1993 c.33 §343;
1993 c.546 §122; 1995 c.422 §§89,89a; 1995 c.423 §28; 1997 c.433 §13; 1999
c.109 §1; 2003 c.396 §140]
     420.014
Population limits; controlling admissions; rules. (1) The total population of youth offenders
confined in the youth correction facilities may not exceed the design capacity
of the facilities designated for close custody purposes by the Director of the
Oregon Youth Authority. The total population limit shall include offenders in
the youth correction facility who were waived by the juvenile court to be
prosecuted as adults or who were prosecuted as adults under ORS 137.707.
     (2) The director by rule shall determine
reasonable standards for care and treatment of youth offenders housed in youth
correction facilities. Within the total limit established under subsection (1)
of this section, the Director of the Oregon Youth Authority shall establish and
impose a maximum allowable population level for each youth correction facility.
The maximum allowable population shall not exceed the design capacity for the
facility and shall be further limited by the ability of the facility to meet
the standard of care and treatment established by rule under this subsection,
protect communities, hold youth offenders accountable for their behavior and
improve the competency of youth offenders to become responsible and productive
members of their communities.
     (3) The director by rule shall establish
criteria upon which the decision to place a youth in a youth correction
facility must be based, and which, in turn, shall be based upon behaviors and
characteristics of youths otherwise eligible for commitment to a youth
correction facility.
     (4) After conferring with the juvenile
court judges, the director shall develop and implement by rule, a method of
controlling admissions to the youth correction facilities so as not to exceed
maximum levels determined under subsections (1) and (2) of this section. [1985
c.500 §4; 1987 c.507 §1; 1993 c.762 §1; 1995 c.422 §90; 2001 c.904 §6; 2001
c.905 §7]
     Note: 420.014 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 420 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     420.015 [1959 c.432 §73; 1963 c.256 §1; 1965 c.616 §35;
renumbered 420.031]
     420.016 [Formerly 420.150 and then 420.050; repealed
by 1971 c.698 §7]
     420.017
Diversion plan. (1) The
Oregon Youth Authority shall develop annually a plan for diversion of
delinquent youth from commitment to the youth correction facilities to
alternative community services.
     (2) In consultation with the local
commissions on children and families established under ORS 417.760, the
juvenile departments shall develop a plan for services needed to divert the
commitment of youth from the youth correction facilities, and how these
services are to be administered if funds are provided. Following review and
comment by local commissions, the plan must be approved in the form of a
resolution by the governing body of the appropriate county and of a letter of
concurrence from the presiding judge for the judicial district in which the
juvenile court is located.
     (3) The youth authority shall develop and
implement a statewide diversion plan after taking the local juvenile
departmentsÂ’ plans into consideration and after consulting with affected
service providers. [1985 c.500 §7; 1993 c.676 §47; 1993 c.742 §88; 1995 c.422 §91;
1995 c.781 §44]
     420.019
Implementation of diversion plan. (1)(a) The Oregon Youth Authority may contract with the governing body
of a county or two or more counties, if the counties have joined together as a
consortium or region, for implementing the statewide diversion plan, which may
include juvenile parole and probation services or out-of-home placement.
     (b) A county or counties that contract
with the Oregon Youth Authority under this section shall have access to a
continuum of out-of-home placement options including, but not limited to, youth
correction facilities, youth care centers, foster care and private placements.
Participating counties shall be ensured access to an equitable share of
out-of-home placements.
     (c) A county or counties that contract
with the Oregon Youth Authority under this section have the responsibility for
parole decisions regarding youths from the county or counties committed to
youth correction facilities. In the event that a county or counties are
operating over the allocated youth correction facility cap, the youth authority
may assume parole authority until the county population is at the cap.
     (d) The state and county may agree that
the governing body of the county or counties may subcontract for services or
that the state will provide services or that the county or counties may subcontract
for some services and the state provide other services as stipulated in the
contract with the youth authority.
     (e) When services previously provided by
the Oregon Youth Authority transfer to a county or counties, terms of the
contract must include, but need not be limited to, the actual cost of employee
salaries, benefits and other payroll expenses, plus support costs necessary for
the transferred positions.
     (f) The youth authority is responsible for
performance auditing of contracts and subcontracts.
     (g) The youth authority shall contract
directly with service providers in those counties where the governing body of
the county or counties chooses not to contract with the youth authority.
     (h) The funds provided to implement the
diversion plan or provide for out-of-home placement or parole and probation
services shall not be used by a county to supplant moneys otherwise provided to
the county juvenile department for services to delinquent youth.
     (2)(a) Unless otherwise provided in the
contract, a county that is contracting with the youth authority under
subsection (1) of this section shall supervise state employees providing parole
and probation services within the county.
     (b) Subject to a collective bargaining
agreement, supervision under this subsection includes discipline, performance
evaluation, training and all other functions previously carried out by state
employed supervisors. [1985 c.500 §8; 1995 c.422 §92; 1997 c.249 §134]
     420.020 [Amended by 1955 c.89 §1; 1965 c.616 §40;
renumbered 420.075]
     420.021
Expenses borne by county.
All traveling and other expenses incurred in placing a person in a youth
correction facility in the legal custody of the Oregon Youth Authority and
delivering the person into the custody of the youth authority under ORS
419B.337 (1), 419C.478 (1) or 419C.481 shall be borne by the county from which
the person was placed in the legal custody of the youth authority. [Formerly
420.160; 1969 c.679 §6; 1971 c.401 §97; 1993 c.33 §344; 1995 c.422 §93]
     420.025 [Formerly 420.170; 1969 c.679 §7; repealed
by 1971 c.401 §120]
     420.030 [Amended by 1959 c.432 §74; 1963 c.256 §2;
1965 c.616 §41; renumbered 420.080]
     420.031
Wardship over youth offender at youth correction facility; legal custody of
youth offender. (1) The
granting of legal custody and guardianship over the youth offender to the
Oregon Youth Authority does not terminate the juvenile courtÂ’s jurisdiction
over the youth offender.
     (2) Upon parole of the youth offender from
a youth correction facility, the legal custody of the youth offender is vested
in the parents of the youth offender or other person to whom the youth offender
is returned, subject to ORS 420.045 (3). [Formerly 420.015; 1969 c.679 §8; 1971
c.401 §99; 1995 c.422 §94; 2003 c.396 §141]
     420.035 [1985 c.500 §5; repealed by 1993 c.742 §82]
     420.037 [1985 c.500 §6; repealed by 1993 c.742 §82]
     420.040
Liability for misconduct of youth offender placed in youth correction facility. The youth correction facility, the
superintendents of the youth correction facility, the Director of the Oregon
Youth Authority and personnel of the Oregon Youth Authority are not liable for
any damages whatsoever that are sustained by any person on account of the
actions or misconduct of a youth offender placed in a youth correction
facility. [1963 c.256 §10; 1965 c.616 §39; 1969 c.597 §129; 1971 c.401 §100;
1995 c.422 §95; 2007 c.71 §113]
     420.045
Parole; discharge; revocation of parole. (1) Upon finding that a youth offender placed in a youth correction
facility is ready for release therefrom and that the youth offender had best be
returned to the parent or guardian of the youth offender or to a suitable and
desirable home or facility, the Director of the Oregon Youth Authority may,
after advising the committing court, release the youth offender on parole
conditioned upon good behavior.
     (2) At such time as the Director of the
Oregon Youth Authority finds that final release is compatible with the safety
of the community and the best interests of the youth offender, with the consent
of the committing court, the Director of the Oregon Youth Authority may make
and issue a final order discharging the youth offender.
     (3) The Director of the Oregon Youth
Authority may revoke a parole if the conditions of the parole have been violated
or if the continuation of the youth offender on parole would not be in the best
interests of the youth offender or the community. After the revocation of
parole, the Director of the Oregon Youth Authority shall immediately advise the
committing court thereof. [1965 c.616 §37; 1969 c.679 §9; 1971 c.401 §101; 1995
c.422 §96]
     420.048
Notice required when youth offender transfers to new school district. (1)(a) When a youth offender who is in the
legal custody of the Oregon Youth Authority transfers from one school district
to a different school district, the person responsible for supervising the
youth offender shall notify the superintendent of the school district to which
the youth offender has transferred of the youth offenderÂ’s status as a youth
offender. The person shall make the notification no later than 72 hours after
the person knows of the transfer.
     (b) When a school district receives
notification under this section, the school district may request the Oregon
Youth Authority to provide additional information about the youth offender. The
youth authority shall provide additional information, including the offense
that brought the youth offender within the jurisdiction of the juvenile court
and such other information that is subject to disclosure under ORS 419A.255
(5).
     (2) In addition to the general
notification required by subsection (1)(a) of this section, the youth
authority:
     (a) Shall notify the school district of
the specific offense if the act bringing the youth offender within the
jurisdiction of the juvenile court involved a firearm or delivery of a
controlled substance.
     (b) May notify the school district of the
specific offense if the act bringing the youth offender within the jurisdiction
of the juvenile court involved a violation of ORS 163.355 to 163.445 or 163.465
or any other offense if the youth authority believes the youth offender
represents a risk to other students or school staff.
     (3) Except as otherwise provided in ORS
192.490, the youth authority, a school district or anyone employed or acting on
behalf of the youth authority or school district who sends or receives records
under this section is not liable civilly or criminally for failing to disclose
the information under this section. [1999 c.963 §3]
     420.050 [Formerly 420.150; 1965 c.616 §32;
renumbered 420.016]
     420.051 [1965 c.616 §38; repealed by 1967 c.586 §1]
     420.054
Authorization for medical and other remedial care and treatment of person in
physical custody of youth authority. The Oregon Youth Authority may authorize ordinary medical, dental,
psychiatric, psychological, hygienic or other remedial care and treatment for a
person under 18 years of age who is placed in the physical custody of the youth
authority under ORS 137.124 and, in an emergency in which the safety of the
person appears urgently to require it, may authorize surgery or other
extraordinary care. [2001 c.195 §3]
     420.055 [1969 c.679 §10; 1971 c.401 §102; repealed
by 1995 c.422 §139]
EMPLOYMENT
PROGRAM
     420.060
Employment agreements; definitions. (1) Upon finding that the education and training of a youth offender
placed in a youth correction facility will be furthered if the youth offender
is permitted to work at gainful employment on a temporary basis, the
superintendent may enter into an agreement with any suitable person or business
establishment for the temporary employment of the youth offender.
     (2) For the purposes of ORS 420.060 to
420.074, “youth correction facility” includes youth care centers as defined in
ORS 420.855 and approved by the Oregon Youth Authority pursuant to ORS 420.865,
and “superintendent” includes the person in charge of any such youth care
center. [1969 c.410 §1; 1971 c.401 §103; 1995 c.422 §97]
     420.065
Youth offenderÂ’s compensation; disposition of compensation. (1) Such agreements shall provide for
compensation to be paid for the youth offenderÂ’s work at the prevailing wages
for such work in the community where the youth offender is employed or at a
wage rate approved by the superintendent.
     (2) All sums earned by a youth offender
placed in a youth correction facility, other than amounts involuntarily
withheld by the employer of the youth offender, shall be paid directly to the
superintendent or to the youth offender if so directed by the superintendent.
Except as otherwise provided in ORS 419C.203, all moneys received by the
superintendent under this section shall be placed in a trust account to be used
solely for the benefit of the youth offender. [1969 c.410 §2; 1995 c.422 §98;
1997 c.724 §2]
     420.070
Youth offender in legal custody of superintendent. While temporarily employed under ORS 420.060
to 420.074, a youth offender placed in a youth correction facility shall remain
in the legal custody of the superintendent. The superintendent shall continue
to exercise appropriate supervision over the youth offender during the period
of the temporary employment of the youth offender. [1969 c.410 §3; 1995 c.422 §99]
     420.074
Employment status of youth offender. While temporarily employed under the provisions of ORS 420.060 to 420.074,
youth offenders placed in a youth correction facility are entitled to the
protection and benefits of ORS chapters 652, 654 and 656 to the same extent as
other employees of their employer under 21, except that:
     (1) Payment of wages by an employer of a
youth offender directly to the superintendent as provided by ORS 420.065 (2)
shall not be deemed in violation of ORS chapter 652; and
     (2) Compensation paid under ORS chapter
656 that is not expended on medical services shall be treated in the same manner
as the youth offenderÂ’s earnings under ORS 420.065, so long as the youth
offender remains in the legal custody of the youth correction facility. [1969
c.410 §4; 1995 c.79 §217; 1995 c.422 §100]
     420.075 [Formerly 420.020; repealed by 1969 c.597 §281]
PETTY CASH
FUND
     420.077
Petty cash fund. (1) The
institution petty cash fund shall be used by the Oregon Youth Authority to meet
immediate spending needs such as clothing, transportation, supplies, and other
incidentals for clients at the youth correction facilities.
     (2) The Director of the Oregon Youth
Authority shall designate custodians for subaccounts of the institution petty
cash fund at each of the youth correction facilities. To establish the
subaccounts, the youth authority may prepare vouchers in favor of the persons
designated as custodians. Warrants shall be drawn for the amounts of the
vouchers.
     (3) Subject to rule established by the
Oregon Department of Administrative Services:
     (a) The designated custodians may make
disbursements as authorized by subsection (1) of this section.
     (b) With the approval of the State
Treasurer and notwithstanding ORS 293.265, the designated custodians may hold
institution petty cash funds in cash or may deposit them to the account of the
Oregon Youth Authority, in any bank or banks in the state authorized as a
depository of state funds, or in the State Treasury, or may hold part in cash
and deposit the remainder.
     (4) The designated custodians shall at
least monthly submit to the director verified reimbursement vouchers properly
supported by evidences of disbursements from the subaccounts of the petty cash
fund. Upon allowance of the reimbursement vouchers, the Oregon Department of
Administrative Services shall issue a warrant on the State Treasurer in favor
of the designated custodians, payable out of Oregon Youth Authority trust fund
subaccounts equal to the amounts expended. [1985 c.490 §4; 1987 c.158 §73; 1989
c.51 §2; 1995 c.422 §101]
     Note: 420.077 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 420 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     420.080 [Formerly 420.030; 1969 c.314 §35; repealed
by 1969 c.597 §281]
     420.110 [Repealed by 1965 c.616 §101]
WORK AND
TRAINING CAMPS
     420.120 [Amended by 1965 c.616 §42; 1971 c.401 §104;
1971 c.722 §1; 1995 c.422 §102; 1997 c.433 §14; repealed by 2001 c.295 §17]
     420.130 [Repealed by 1959 c.432 §59]
     420.140 [Amended by 1959 c.432 §75; repealed by 1965
c.616 §101]
     420.150 [Amended by 1963 c.256 §3; renumbered
420.050 and then 420.016]
     420.160 [Amended by 1963 c.432 §76; 1965 c.616 §33;
renumbered 420.021]
     420.170 [Amended by 1965 c.616 §34; renumbered
420.025]
     420.180 [Repealed by 1957 c.210 §1; (420.181 enacted
in lieu of 420.180)]
     420.181 [1957 c.210 §2 (enacted in lieu of 420.180);
1963 c.256 §4; repealed by 1965 c.616 §101]
     420.190 [Repealed by 1965 c.616 §101]
     420.200 [Amended by 1953 c.111 §3; repealed by 1959
c.507 §1]
     420.210
Establishing work and training camps for youth offenders. The Director of the Oregon Youth Authority,
in cooperation with any public agency, may establish at any place in this state
one or more work and training camps for any youth offenders committed to the
custody of the Oregon Youth Authority who are determined by the director to be
qualified and amenable as security risks for work and training in such camps. [1953
c.154 §1; 1963 c.256 §5; 1969 c.597 §130; 1971 c.401 §105; 1995 c.422 §103;
2001 c.295 §1]
     420.215
Operation of camps by Director of
     420.220
Responsibility for custody of youth offenders assigned to camp. The Director of the Oregon Youth Authority
is responsible for the care and custody of all youth offenders assigned to a
camp established under ORS 420.210. [1953 c.154 §3; 1995 c.422 §105; 2001 c.295
§3]
     420.225
Cooperation with public agencies in work assignments. The Director of the Oregon Youth Authority
and the persons employed by the director or designated to have direct control
of the youth offenders at camp shall cooperate to the fullest extent with any
public agency assisting in the camp program in making assignments and in supervising
any work or training of youth offenders who are physically able to perform
manual labor. [1953 c.154 §4; 1963 c.256 §6; 1995 c.422 §106; 2001 c.295 §4]
     420.230
Contracts with public agencies.
The Director of the Oregon Youth Authority may enter into contracts with any
public agency cooperating or willing to cooperate in the camp program to carry
into effect the purposes of ORS 420.210 to 420.235, providing among other
things for the type of work to be performed by youth offenders at any camp, for
rate of payment and other matters relating to the maintenance and training of
the youth offenders while at a camp. [1953 c.154 §5; 1963 c.256 §7; 1969 c.597 §131;
1971 c.401 §106; 1995 c.422 §107; 2001 c.295 §5]
     420.235
Return of rule violator or bad security risk to more secure youth correction
facility. Any youth offender
who violates the rules and regulations relating to discipline of a camp or who
appears to the Director of the Oregon Youth Authority to be a bad security risk
may be returned to a more secure youth correction facility on order of the
director. [1953 c.154 §6; 1995 c.422 §108; 2001 c.295 §6]
     420.310 [Repealed by 1959 c.432 §77 (420.331 enacted
in lieu of 420.310 and 420.330)]
     420.320 [Amended by 1965 c.616 §43; 1971 c.722 §2;
1995 c.422 §109; 1997 c.433 §15; repealed by 2001 c.295 §17]
     420.330 [Repealed by 1959 c.432 §77 (420.331 enacted
in lieu of 420.310 and 420.330)]
     420.331 [1959 c.432 §78 (enacted in lieu of 420.310
and 420.330); repealed by 1965 c.616 §101]
     420.340 [Amended by 1957 c.210 §3; repealed by 1959
c.432 §59]
     420.350 [Repealed by 1965 c.616 §101]
     420.360 [Repealed by 1959 c.191 §1]
     420.370 [Repealed by 1957 c.210 §4 (420.371 enacted
in lieu of 420.370)]
     420.371 [1957 c.210 §5 (enacted in lieu of 420.370);
1963 c.256 §8; repealed by 1965 c.616 §101]
     420.380 [Repealed by 1965 c.616 §101]
     420.390 [Repealed by 1965 c.616 §101]
     420.400 [Repealed by 1987 c.158 §74]
     420.405 [1993 c.766 §1; 1995 c.422 §110a; 1995 c.649
§8; 1995 c.798 §5; renumbered 326.700 in 1995]
COMMITMENT OF
YOUTH OFFENDERS TO HOSPITALS OR OTHER FACILITIES
     420.500
Restriction on transfer of youth offenders to institutions. A youth offender in a youth correction
facility may not be transferred to an institution for persons with mental illness
or mental retardation for a period of more than 14 days unless the youth
offender has been committed to an institution for persons with mental illness
or mental retardation in the manner specified in ORS 420.505 and 420.525. [1975
c.662 §3; 1995 c.422 §111; 2007 c.70 §200]
     420.505
Application by youth offender in youth correction facility for admission to
hospital or facility; examination of applicant; limitation on involuntary
retention at institution.
(1) A youth offender at a youth correction facility may apply for admission to
a hospital or facility designated by the Department of Human Services. The
application may be made on behalf of the youth offender by the parents or legal
guardian of the youth offender. However, the superintendent shall not be
required to cause the examination of a youth offender who applies under this
section more often than once in six months.
     (2) Within five working days after receipt
of the application, the superintendent of the youth correction facility shall
cause the youth offender to be examined by one or more qualified persons at the
facility and shall request the examination of the youth offender by one or more
qualified persons employed or designated by the department. The examination
conducted or authorized by the department shall take place within five working
days after receipt of the request from the superintendent. The examiners shall
prepare separate reports and shall submit such reports to the superintendent. A
copy of the reports shall be given to the applicant.
     (3) If the superintendent finds that there
is a probable cause to believe that the youth offender has a mental illness and
that it would be in the best interests of the youth offender to be admitted to
a hospital or facility designated by the department, the superintendent shall
notify the department and shall order the youth offender transferred pursuant
to ORS 179.473.
     (4) No youth offender at a youth
correction facility voluntarily admitted to a hospital or facility designated
by the department shall be detained therein more than 72 hours after the youth
offender is of the age specified in ORS 420A.010 (5) setting the age limits for
which the Oregon Youth Authority may retain legal and physical custody of the
youth offender and has given notice in writing of the desire of the youth
offender to be released. If the youth offender is under the age specified in
ORS 420A.010 (5) setting the age limits for which the Oregon Youth Authority
may retain legal and physical custody of the youth offender, the youth offender
may be returned to the youth correction facility after notice in writing has
been given by the parent or legal guardian of the youth offender, that such
parent or guardian desires that the youth offender be discharged from the
hospital or facility designated by the department. [1975 c.662 §4; 1977 c.601 §7;
1995 c.422 §112; 1997 c.433 §16; 2005 c.439 §3; 2007 c.70 §201]
     420.510 [Repealed by 1965 c.616 §101]
     420.515 [1975 c.662 §5; repealed by 1977 c.601 §8]
     420.520 [Repealed by 1965 c.616 §101]
PAYMENT OF
COMMITMENT PROCEEDING EXPENSES
     420.525
County of youthÂ’s residence to pay certain expenses of commitment proceedings. The costs of the hearings held under ORS
179.473, 419B.328, 419B.331, 419B.334, 419B.337, 419B.343, 419B.346, 419B.349,
419C.446, 419C.450, 419C.478, 419C.481, 419C.486, 419C.489, 419C.492, 419C.498
and 420.500 to 420.525 and the fees for physicians and other qualified persons
appointed under ORS 179.473, 419B.328, 419B.331, 419B.334, 419B.337, 419B.343,
419B.346, 419B.349, 419C.446, 419C.450, 419C.478, 419C.481, 419C.486, 419C.489,
419C.492, 419C.498 and 420.500 to 420.525 shall be charged to the county of the
youthÂ’s residence prior to the initial commitment of the youth to a youth
correction facility or to the county of the inmateÂ’s residence prior to the
initial commitment of the inmate to a penal or correctional institution.
Attorney fees may also be charged to that county if the youth or inmate has no
separate estate or if the parents of the youth refuse or are unable to provide
an attorney. [1975 c.662 §6; 1993 c.33 §345; 1995 c.422 §113]
     420.530 [Repealed by 1965 c.616 §101]
     420.540 [Repealed by 1965 c.616 §101]
     420.550 [Repealed by 1965 c.616 §101]
     420.560 [Repealed by 1965 c.616 §101]
     420.570 [Repealed by 1965 c.616 §101]
     420.580 [Repealed by 1965 c.616 §101]
     420.590 [Repealed by 1965 c.616 §101]
     420.600 [Repealed by 1965 c.616 §101]
     420.610 [Repealed by 1965 c.616 §101]
     420.620 [Repealed by 1965 c.616 §101]
     420.630 [Repealed by 1965 c.616 §101]
     420.640 [Repealed by 1965 c.616 §101]
     420.710 [Repealed by 1957 c.160 §6]
     420.720 [Repealed by 1957 c.160 §6]
     420.730 [Repealed by 1957 c.160 §6]
PLACEMENT OF
YOUTHS IN FOSTER HOMES
     420.810
Placement of youths in foster homes. All children in the legal custody of the Department of Human Services,
who in the judgment of the Director of Human Services or the authorized
representative of the director have made sufficient progress in rehabilitation
and reform, may be placed with any person or family of good standing and
character for care and education under an agreement pursuant to ORS 420.815. [1953
c.153 §1; 1965 c.616 §44; 1971 c.84 §1]
     420.815
Placement agreements with persons or families. (1) The Director of Human Services or the
authorized representative of the director may enter into agreements with
persons or families found suitable for the placement of children in the legal
custody of the Department of Human Services.
     (2) The agreement shall provide for the
custody, care, education, maintenance and earnings of the child placed for a
time fixed in the agreement but not to exceed the time when the child reaches
the age of 21 years.
     (3) The agreement shall be signed by the
person assuming the foster care and by the director or the authorized
representative of the director.
     (4) If the agreement provides for payments
to the person assuming the foster care, the department shall make these
payments. [1953 c.153 §2; 1957 c.77 §1; 1959 c.311 §1; 1965 c.616 §45; 1971
c.84 §2]
     420.820 [1953 c.153 §3; repealed by 1971 c.84 §3
(420.821 enacted in lieu of 420.820)]
     420.821
Visiting of foster homes by staff members. The Director of Human Services or the authorized representative of the
director shall designate members of the staff of the director as visiting
agents. As required by the director or the authorized representative of the
director, these visiting agents shall:
     (1) Visit the foster homes and children
placed therein;
     (2) Ascertain whether the children are
properly placed; and
     (3) Make reports to the director or the
designated representative of the director concerning the investigations and
visits. [1971 c.84 §4 (420.821 enacted in lieu of 420.820)]
     420.825
Replacement of youth. Any
child placed pursuant to ORS 420.810 to 420.840 may on order of the Director of
Human Services or the authorized representative of the director be replaced, if
in the opinion of the director or the authorized representative of the director
the child would benefit by removal from the foster home. [1953 c.153 §4; 1971
c.84 §5; 2005 c.374 §3]
     420.830 [1953 c.153 §5; repealed by 1959 c.652 §24]
     420.835
Prohibition of interference with control of placed child. No parent or other person not a party to the
placement agreement shall interfere with or assume any control over the placed
child. [1953 c.153 §6]
     420.840
Cooperation of superintendents with other child welfare agencies. The Director of Human Services or the
authorized representative of the director in carrying out the provisions of ORS
420.810 to 420.840 may cooperate with and consult any private or public agency
concerned with child welfare. [1953 c.153 §8; 1971 c.84 §6]
YOUTH CARE
CENTERS
     420.855
Definitions for ORS 420.855 to 420.885. As used in ORS 418.020, 418.025 and 420.855 to 420.885, unless the
context requires otherwise:
     (1) “Juvenile court” means the court
exercising jurisdiction under ORS chapters 419B and 419C in the county.
     (2) “Youth” means a youth as defined in
ORS 419A.004 who is at least 12 years of age and has been found to be within
the jurisdiction of the juvenile court under ORS 419C.005.
     (3) “Youth authority” means the Oregon
Youth Authority.
     (4) “Youth care center” or “center” means
a facility established and operated by a public or private agency or a
combination thereof, primarily to provide care and rehabilitation services for
youths committed to the custody of the youth care center by the juvenile court
or placed by the youth authority. “Youth care center” or “center” does not
include detention facilities established under ORS 419A.050 to 419A.057 except
that when a county operates a combined facility to provide both care and
rehabilitation services under ORS 420.855 to 420.885, and detention facilities,
the combined facility may be considered a “youth care center” to the extent
that it is used to provide the care and rehabilitation services for youths not
in detention. [1967 c.444 §1; 1969 c.597 §139; 1971 c.401 §62; 1971 c.698 §4;
1985 c.500 §10; 1993 c.33 §346; 1995 c.422 §114]
     420.860
Policy and intent. It is
declared to be the policy and intent of the Legislative Assembly that the State
of Oregon shall encourage, aid and financially assist its county governments
and public and private agencies in the establishment and development of youth
care centers for youths found to be in need of care and rehabilitation pursuant
to ORS 419C.446, 419C.450, 419C.478, 419C.481, 419C.486, 419C.489, 419C.492 and
419C.498. [1967 c.444 §10; 1993 c.33 §347; 1995 c.422 §115]
     420.865
Commitment to youth care center. (1) The Oregon Youth Authority may place a youth who has been placed
in its legal custody pursuant to ORS 419C.478 or 419C.481 in a youth care
center if the center complies with the provisions of ORS 420.855 to 420.885 and
has been approved by the youth authority.
     (2) Placement of a youth by the youth
authority in a youth care center does not terminate the juvenile courtÂ’s
wardship over the youth or the custody of the youth authority. The center may
retain such youths in full- or part-time residential care or, with the consent
of the youth authority, may place them on a full- or part-time basis in foster
homes. [1967 c.444 §§2,4; 1971 c.401 §63; 1971 c.698 §5; 1993 c.33 §348; 1995
c.422 §116]
     420.870
Standards for approval of youth care centers. Approval of the youth care center by the Oregon Youth Authority,
required by ORS 420.865, shall be based on reasonable and satisfactory
assurance that:
     (1) Adequate physical facilities exist
which comply with applicable rules of the Department of Human Services and the
State Fire Marshal.
     (2) There is employment of capable and
trained or experienced personnel.
     (3) The youth care programs include
educational, vocational, recreational and counseling opportunities that will be
in the best interests of the youth.
     (4) A county must demonstrate that an
adequate probation system for youths exists in the county in order to be
eligible for state support for a youth care center. [1967 c.444 §3; 1971 c.401 §64;
1989 c.41 §1; 1995 c.422 §117]
     420.875
Application for state support of center; required reports. (1) An approved youth care center is
eligible for state support from funds appropriated to the Oregon Youth
Authority for that purpose to meet its operating expenses. Public or private
agencies operating a youth care center shall make application for state support
to the youth authority. The application shall contain such information as may
be required by the youth authority.
     (2) Upon receiving the application, the
youth authority shall cause an investigation of the affairs and methods of the youth
care center and, if it finds that the center meets the requirements of ORS
420.870, shall grant its application for state support.
     (3) At such times as the youth authority
may require, all youth care centers receiving state support under the provisions
of ORS 420.855 to 420.885, shall file with the youth authority a financial and
statistical report, and a report on the content and conduct of the youth care
center, in such form as may be prescribed by the youth authority. If any youth
care center fails to file the prescribed reports within 30 calendar days after
requested by the youth authority, no further state support shall be paid until
it has complied with the provisions of this subsection. [1967 c.444 §5; 1969
c.196 §1; 1971 c.401 §65; 1995 c.422 §118]
     420.880
Level of state support.
Subject to the availability of funds, each youth care center that has received
approval from the Oregon Youth Authority and continues to meet the requirements
of ORS 420.855 to 420.885 and the rules of the youth authority is eligible to
receive state support in an amount to be negotiated between the youth care
center and the youth authority. [1967 c.444 §6; 1969 c.196 §2; 1971 c.401 §66;
1971 c.698 §6; 1974 c.57 §1; 1977 c.279 §1; 1985 c.500 §11; 1995 c.422 §119;
2001 c.295 §7]
     420.885
Audit and payment of claims.
(1) The youth care center shall present to the Oregon Youth Authority an
itemized statement showing the names of the youths being cared for during the
period for which the statement is submitted and the amount which the center
claims for the period. The youth authority shall investigate the claim and
approve only that portion which is in accordance with the provisions of ORS
420.855 to 420.885 and the rules of the youth authority.
     (2) When certified by the youth authority,
claim for state reimbursements shall be presented to the Oregon Department of
Administrative Services and paid in the same manner as the claims against the
state are paid.
     (3) If the center is operated jointly by
more than one public or private agency, each agency participating in the
operation shall be entitled to a pro rata share of the amount due, to be
determined by the contribution of each to the operating cost of the center. [1967
c.444 §7; 1969 c.196 §3; 1971 c.401 §67; 1995 c.422 §120]
YOUTH
OFFENDER FOSTER HOMES
     420.888
Definitions for ORS 420.888 to 420.892. As used in ORS 420.888 to 420.892:
     (1) “Youth authority” means the Oregon
Youth Authority.
     (2) “Youth offender” has the meaning given
that term in ORS 419A.004.
     (3) “Youth offender foster home” means any
home maintained by a person who has under the care of the person in the home,
for the purpose of providing the youth offender with supervision, food and
lodging, a youth offender committed to the legal custody of the youth authority
under ORS 419C.478. The youth offender must be unrelated to the person by blood
or marriage and unattended by the youth offenderÂ’s parent or guardian. [1995
c.422 §131m; 1997 c.727 §12; 2005 c.374 §1]
     Note: 420.888 to 420.892 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
420 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     420.890
Certification of youth offender foster homes. (1) A person may not operate a youth offender foster home without a
certificate of approval issued by the Oregon Youth Authority.
     (2) A person may apply for a certificate
of approval to operate a youth offender foster home by submitting an
application to the youth authority on a form furnished by the youth authority.
     (3)(a) Upon receipt of an application
under subsection (2) of this section, the youth authority shall cause an
investigation to be made of the applicant and the applicantÂ’s home. The youth
authority, in accordance with rules adopted under ORS 420.892, shall determine
whether to issue a certificate of approval to the applicant. The certificate
must be in the form prescribed by the youth authority and must state the name
of the foster parent, the address of the premises to which the certificate
applies and the maximum number of youth offenders to be maintained in the youth
offender foster home at any one time. The certificate applies only to the
premises designated in the certificate and a change of residence automatically
terminates the certificate. The certificate is effective for one year.
     (b) After notice and opportunity for
hearing as provided in ORS 183.310 to 183.482, the youth authority may deny an
application for a certificate of approval under paragraph (a) of this
subsection. A person whose application for a certificate of approval has been
denied may appeal the decision to the Court of Appeals in the manner provided
in ORS 183.480 for the review of orders in contested cases.
     (4)(a) After notice and opportunity for
hearing as provided in ORS 183.310 to 183.482, the youth authority may revoke,
deny an application to renew or attach conditions to a certificate of approval
issued under subsection (3)(a) of this section for a violation of any provision
of this section or ORS 420.892 or of the rules adopted under ORS 420.892.
     (b) A person whose certificate of approval
is revoked, not renewed or is made subject to conditions by a decision of the
youth authority under paragraph (a) of this subsection may appeal the decision
to the Court of Appeals in the manner provided in ORS 183.480 for the review of
orders in contested cases. [1995 c.422 §131n; 2005 c.374 §2]
     Note: See note under 420.888.
     420.892
Certification standards; rules.
(1) The Oregon Youth Authority shall adopt the rules it deems necessary or
advisable to carry out the intent and purposes of this section and ORS 420.890.
     (2) The youth authority shall adopt rules
establishing standards for certification of youth offender foster homes. The
youth authority shall include in the rules requirements that a foster parent
receive training designed to assist the foster parent in understanding juvenile
delinquency and managing the behavior that results from juvenile delinquency.
     (3) The youth authority or its
representative shall visit every certified youth offender foster home from time
to time as often as appears necessary to determine whether:
     (a) The youth offender foster home
consistently maintains the standards established by the youth authority; and
     (b) Proper care is being provided to youth
offenders at the youth offender foster home.
     (4) A person operating a youth offender
foster home may not, as a disciplinary measure against a youth offender in the
youth offender foster home, deny a parent or guardian of the youth offender the
right to visit the youth offender. [1995 c.422 §131o]
     Note: See note under 420.888.
APPREHENSION
OF ESCAPED, ABSENT OR PAROLED YOUTH OFFENDERS
     420.905
Definitions for ORS 420.905 to 420.915. As used in ORS 420.905 to 420.915, “peace officer” means any sheriff,
constable, marshal, or the deputy of any such officer, any member of the state
police or any member of the police force of any city. [1957 c.129 §5]
     420.910
Arrest and detention of escaped, absent or paroled youth offenders. (1)(a) When a youth offender placed in a
youth correction facility has escaped or is absent without authorization from
the youth correction facility or from the custody of any person in whose charge
the youth offender lawfully has been placed, the superintendent of the youth
correction facility concerned, or the superintendentÂ’s authorized
representative, may order the arrest and detention of the youth offender.
     (b) When a youth offender on parole from a
youth correction facility is absent from the custody of a person in whose
charge the youth offender lawfully has been placed, or has failed to abide by
rules of parole supervision or to respond successfully to prior sanctions
imposed by the Oregon Youth Authority pursuant to administrative rule, the
superintendent of the youth correction facility from which the youth offender
is on parole, or the superintendentÂ’s authorized representative, may order the
arrest and detention of the youth offender.
     (c) The superintendent or authorized
representative may issue an order under this subsection based on a reasonable
belief that grounds exist for issuing the order. Where reasonable, the
superintendent or representative shall investigate to ascertain whether such
grounds exist.
     (2) Any order issued by the superintendent
of a youth correction facility, or the superintendentÂ’s representative, as
authorized by subsection (1) of this section constitutes full authority for the
arrest and detention of the escapee, absentee or parole violator, and all laws
applicable to warrants of arrest shall apply to such orders.
     (3) In lieu of the procedure in subsection
(1) of this section, the juvenile court of the county from which the youth
offender or parolee was committed may direct issuance of a warrant of arrest
against the youth offender or parolee when notified by the superintendent or
authorized representative of the superintendent of the youth correction
facility concerned that any youth offender placed in a youth correction
facility has escaped or is absent without authorization from the institution to
which committed, from parole supervision or from the custody of any person in
whose charge the youth offender lawfully has been placed. [1957 c.129 §1; 1957
c.481 §1; 1963 c.256 §9; 1965 c.616 §46; 1985 c.229 §2; 1987 c.892 §3; 1995
c.422 §121]
     420.915
Procedure upon apprehension of escapee, absentee or parole violator; rules. (1) Upon issuance of an order or warrant of
arrest, any peace officer may apprehend and deliver to a juvenile detention facility
as described in ORS 419A.050 and 419A.052 the escapee, absentee or parole
violator described in ORS 420.910 who is under 18 years of age. If the escapee,
absentee or parole violator is 18 years of age or older, any peace officer may
deliver such person to an adult detention facility.
     (2) A youth correction facility escapee or
absentee described in ORS 420.910 may be held in a juvenile detention facility
as described in ORS 419A.050 and 419A.052 or an adult detention facility as
provided in subsection (1) of this section for up to 36 hours.
     (3) The parole violator described in ORS
420.910 may be held in a juvenile detention facility as described in ORS
419A.050 and 419A.052 or an adult detention facility as provided in subsection
(1) of this section no more than 72 hours, excluding Saturdays, Sundays and
judicial holidays, except pursuant to such provisions as the Oregon Youth
Authority may adopt by rule to govern the use of detention for parolees and
review of revocation of parole.
     (4) The director or authorized
representative of the juvenile department in whose juvenile detention facility
the escapee or absentee from a youth correction facility is held, or the
administrator of the adult detention facility in which the escapee or absentee
is held, shall immediately inform the institution to which such escapee or
absentee was committed and shall surrender the escapee or absentee to any
person authorized by the superintendent or authorized representative of such
institution to receive the escapee or absentee.
     (5) The director or authorized
representative of the juvenile department in whose juvenile detention facility
the parole violator is held, or the administrator of the adult detention
facility in which the violator is held, shall immediately inform the paroling
authority.
     (6) Except as provided in subsection (3)
of this section, the provisions of ORS 419B.175, 419B.183, 419B.185, 419C.109,
419C.136, 419C.139, 419C.145, 419C.150, 419C.153, 419C.170 and 419C.173 do not
apply to the detention of an escapee, absentee or parole violator under this
section. [1957 c.129 §§2,4; 1985 c.229 §3; 1985 c.618 §4c; 1987 c.892 §4; 1989
c.1033 §5; 1993 c.33 §349; 1995 c.422 §122]
     420.920 [1957 c.129 §3; repealed by 1965 c.616 §101]
PENALTIES
     420.990
Penalties. Violation of ORS
420.835 is a misdemeanor. [1953 c.153 §7]
_______________
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