Chapter 419A — Chapter 419A

ORS 419A.002 [1993 c.33 §1; 1993 c.546 §1; 1997 c.873 §1; repealed by 2003 c.396 §143]

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ORS 419A.004 Definitions. As used in this chapter and ORS chapters 419B and 419C, unless the context requires otherwise

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ORS 419A.010 Appointment of counselors and director; juvenile director oversight committee. (1)(a) Subject to paragraph (b) of this subsection, the governing body of any county, after consultation with the judges of the juvenile court in that county, shall appoint or designate one or more persons of good moral character as counselors of the juvenile department of the county, to serve at the pleasure of and at a salary designated by the governing body of the county

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

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ORS 419A.014 Reports by juvenile department. The juvenile department of a county shall report annually to the Youth Development Council the frequency with which the following persons are held in preadjudicative detention and the duration of the detention

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ORS 419A.015 Reports to school administrators concerning adjudicated youths on probation. (1)(a) Once each month, a county juvenile department shall provide to school administrators of schools or of school districts in the county a list of all adjudicated youths enrolled in a school in the county who are on probation by order of the juvenile court in the county. The department shall include in the list the name and business telephone number of the juvenile counselor assigned to each case

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ORS 419A.016 Powers of director or counselor. Any director or counselor has the power of a peace officer as to any child, ward, youth or adjudicated youth committed to the care of the director or counselor. Any director or counselor may, in the discretion of the director or counselor and at any time, bring a child, ward, youth or adjudicated youth committed to the custody and care by the juvenile court before the court for any further action the court considers advisable. [1993 c.33 §7; 2003 c.396 §4; 2021 c.489 §34]

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ORS 419A.018 Juvenile department is county agency. Except as provided in ORS 419A.010, the juvenile department of a county is and shall be considered a county agency for all purposes. [1993 c.33 §15]

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ORS 419A.020 County responsibility for expenses of juvenile department. (1) The cost of maintaining a juvenile department and all expenditures incidental thereto, including traveling expenses, and necessarily incurred in supplying the immediate necessities of children, wards, youths or adjudicated youths while committed to the charge of a director or counselor, and all salaries for the personnel of a juvenile department and of any detention facilities maintained in the county, are payable upon the order of the board of county commissioners or county court of the county from county funds budgeted and levied for that purpose in any manner provided by law

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ORS 419A.022 Responsibility of counties over 400,000 population. The board of county commissioners or county court of counties having more than 400,000 inhabitants, according to the latest federal decennial census, shall provide proper accommodations for detention rooms and hospital wards, as may be necessary for the care, custody and discipline of children, wards, youths or adjudicated youths. The expense of the same shall be audited and paid in the same manner as other bills in such county are audited and paid. [1993 c.33 §17; 2003 c.396 §6; 2021 c.489 §36]

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ORS 419A.044 [Formerly 423.310; repealed by 2001 c.904 §9 and 2001 c.905 §11]

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ORS 419A.045 Policy and purpose. It is declared to be the legislative policy of the State of Oregon to recognize county juvenile courts and departments as a basic foundation for the provision of services to children, wards, youths, adjudicated youths and their families and, with the limited amount of funds available, to assist counties in financing certain juvenile court-related services on a continuing basis. The purpose of ORS 419A.045 to 419A.048 is to provide basic grants to juvenile departments to assist them in the administration of court services as defined in ORS 3.250. [Formerly 423.315; 2003 c.396 §7; 2021 c.489 §37]

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ORS 419A.046 Definition for ORS 419A.046 and 419A.048. As used in ORS 419A.046 and 419A.048, “state contribution” means the amount of money to which each county is entitled from the funds appropriated for the purposes of carrying out the provisions of ORS 419A.046 and 419A.048. [Formerly 423.330]

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ORS 419A.047 [Formerly 423.340; 2001 c.904 §3; 2001 c.905 §4; 2003 c.396 §8; 2007 c.71 §110; repealed by 2012 c.37 §69]

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ORS 419A.048 Court to comply with fiscal reporting procedures. Any court with juvenile court jurisdiction that receives financial assistance under ORS 419A.045 to 419A.048 shall comply with fiscal reporting procedures developed and approved by the Oregon Youth Authority. [Formerly 423.350; 2001 c.904 §4; 2001 c.905 §5]

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

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ORS 419A.052 Specifications of facilities. (1) Suitable detention facilities must be of Class I construction and comply with the State of Oregon Structural Specialty Code and Fire and Life Safety Code. In addition, the facilities must provide

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ORS 419A.055 Examination of facilities; capacity limits; standards for release; notice. (1) As used in this section

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ORS 419A.057 Payment of maintenance expenses; admission of adjudicated youths. (1) All expenses incurred in the maintenance of the facilities for detention and the personnel required for the facilities, except as otherwise provided in subsection (2) of this section, shall be paid upon order of the board of county commissioners or county court from county funds duly levied and collected in any manner provided by law. When joint detention facilities are maintained as provided in ORS 419A.050 (2), each county shall pay its share of the costs and expenses of acquiring, equipping and maintaining the joint detention facilities, to be determined pursuant to an agreement between the counties. Counties may accept gifts or donations of property, including money, for the use of detention facilities to be expended and used as directed by the board of county commissioners

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ORS 419A.059 Designation of detention and shelter facilities. (1) The juvenile court of each county shall designate the place or places in which children, wards, youths or adjudicated youths are to be placed in shelter care, or in which youths or adjudicated youths are to be placed in detention, when taken into temporary custody

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ORS 419A.061 Inspection of detention facilities. Inspection of juvenile detention facilities, including jails or lockups, and enforcement of the juvenile detention standards contained in ORS 419A.059 or otherwise established by statute, must be conducted in the same manner as provided in ORS 169.070 and 169.080. [1993 c.33 §13; 2003 c.396 §14]

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

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ORS 419A.090 Local citizen review boards. Subject to the availability of funds, the Judicial Department shall establish local citizen review boards. There shall be at least one local citizen review board in each county with a population of 5,000 or more, except that for two or more contiguous counties, each with a population of fewer than 100,000, there may be joint local citizen review boards. [1993 c.33 §18]

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ORS 419A.092 Membership; training. (1) Each local citizen review board shall be composed of at least three and not more than seven members appointed by the Chief Justice of the Supreme Court of the State of Oregon. If more than five members are appointed to a local citizen review board, the additional members serve as alternate members. Each member appointed shall be sworn in by a judge of the court to which the member is to be appointed to serve. The Chief Justice shall appoint local citizen review boards according to the following guidelines

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ORS 419A.094 Additional boards; creation. Local citizen review boards shall be added when the number of cases requiring review by existing boards exceeds a number per month established by rule under ORS 419A.096, as the maximum number that may be reviewed by a single board. [1993 c.33 §20]

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

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ORS 419A.098 Rules. The Chief Justice, in consultation with the Supreme Court, shall adopt rules under ORS 1.002 that may include any procedures for the administration of the local citizen review board program regarding

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ORS 419A.100 Confidentiality of information; penalty. (1) Before beginning to serve on a local citizen review board, each member shall swear or affirm to the court that the member shall keep confidential the information reviewed by the board and its actions and recommendations in individual cases

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ORS 419A.102 Access to confidential information by boards; procedure. (1) Notwithstanding the provisions of ORS 40.225 to 40.275, 412.074, 419B.035, 419B.045, 419B.440, 419B.443, 419B.446, 419B.449, 419B.452 and 419B.460, each local citizen review board shall have access to

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ORS 419A.104 Report on children and wards in substitute care. Within seven working days after the first of each month, the Department of Human Services shall send to the citizen review board state administrative office the federally required report listing all children and wards in substitute care. The report must include the dates of placement and the dates by which a review must be conducted. [1993 c.412 §5 (enacted in lieu of 1993 c.33 §29); 2003 c.396 §18]

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ORS 419A.106 Review of cases generally. (1) Except for cases removed from review under procedures established under ORS 419A.098, the local citizen review board shall review the case of each child and ward in substitute care which is assigned by the court. The following provisions apply

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ORS 419A.107 Review of cases of adjudicated youths. (1) Subject to the availability of funds, a local citizen review board shall review cases of adjudicated youths in the custody of the Oregon Youth Authority and placed in substitute care. The local citizen review board shall focus on public safety, adjudicated youth accountability and reformation in conducting the reviews

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ORS 419A.108 Procedure for conflicts of interest. Whenever a member of a local citizen review board has a potential conflict of interest in a case being reviewed, the member shall declare to the local citizen review board the nature of the potential conflict prior to participating in the case review. The following apply as described

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ORS 419A.109 Review of cases of wards for whom guardian has been appointed; rules. (1) Subject to the availability of funds and upon request of a court under ORS 419B.367, a local citizen review board shall review the case of a ward for whom a guardian has been appointed under ORS 419B.365 or 419B.366. In the request for review, the court shall notify the local citizen review board of the names and addresses of the parties

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ORS 419A.110 Immunity of participants in case review. Anyone participating in a case review by a local citizen review board shall have

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ORS 419A.112 Disclosure of information to participants in case review; confidentiality. (1) The local citizen review board may disclose records disclosed to the local board under ORS 419A.102 to

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ORS 419A.114 When presence of agency personnel at board hearings required. (1) Unless excused from doing so by the local citizen review board, the Department of Human Services and any other agency directly responsible for the care and placement of the child or ward shall require the presence of any employees having knowledge of the case at local board meetings

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ORS 419A.116 Findings and recommendations; judicial review. (1) After reviewing each case, the local citizen review board shall make written findings and recommendations with respect to

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ORS 419A.118 Records; disclosure of findings and recommendations. The local citizen review board shall keep accurate records and retain these records on file. The local citizen review board shall send copies of its written findings and recommendations to the following

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ORS 419A.120 Court use of findings and recommendations. Upon receipt of findings and recommendations from the local citizen review board, the court shall

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ORS 419A.122 Use of findings and recommendations by Department of Human Services. Upon receipt of findings and recommendations from the local citizen review board, the Department of Human Services shall

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ORS 419A.124 Policy and procedure recommendations. In addition to reviewing individual cases of children and wards in substitute care, local citizen review boards may make recommendations to the court and the Department of Human Services concerning substitute care services, policies, procedures and laws. [1993 c.33 §36; 2003 c.396 §23]

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ORS 419A.128 State Citizen Review Board Operating Account. (1) There is created a State Citizen Review Board Operating Account in the General Fund which is continuously appropriated to the State Court Administrator to pay the expenses incurred under ORS 419A.090 to 419A.128, 419B.470, 419B.473 and 419B.476. Such expenses shall be paid only from funds specifically appropriated for the purposes of ORS 419A.090 to 419A.128, 419B.470, 419B.473 and 419B.476 and no other moneys appropriated to the State Court Administrator shall be used for these purposes

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ORS 419A.150 Appointment; qualifications; hearings; orders; rehearings. (1) The judge of the juvenile court may appoint one or more persons as referee of the juvenile court. A referee shall be appointed in every county in which there is no resident juvenile court judge. A person appointed referee must be qualified by training and experience in the handling of juvenile matters, must have such further qualifications as may be prescribed by law and holds office as referee at the pleasure of the judge. The state shall pay the compensation of a referee appointed by the judge of a circuit court from funds available for the purpose. The county shall pay the compensation of a referee appointed by the judge of a county court

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ORS 419A.170 [1993 c.33 §44; 1993 c.546 §92; 1993 c.676 §41; 1997 c.130 §12; 2001 c.962 §91; 2003 c.396 §§25,26; 2005 c.755 §35; 2011 c.190 §1; repealed by 2012 c.97 §1]

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ORS 419A.180 Power of court to enforce orders by contempt order. In case of failure to comply with any order of the juvenile court, the court may proceed for contempt of court against the person failing to comply. [1993 c.33 §45]

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ORS 419A.190 Effect of adjudicatory hearing or admission. Except as provided in ORS 153.108 (1), proceedings in adult criminal court and other juvenile court adjudicatory proceedings based on an act alleged in a petition or citation to have been committed by a child, ward, youth or adjudicated youth or allegations arising out of the same conduct are barred when the juvenile court judge or referee has begun taking evidence in an adjudicatory hearing or has accepted a child, ward, youth or adjudicated youth’s admission or answer of no contest to the allegations of the petition or citation. This section does not prevent appeal of any preadjudicatory order of the court that could be appealed in a criminal case, including, but not limited to, an order suppressing evidence. [1993 c.33 §46; 1999 c.1051 §134; 2003 c.396 §27; 2021 c.489 §45]

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ORS 419A.200 Who may appeal; time limitations; procedure; effect of filing appeal; record on appeal; disclosure. (1) Except as provided in ORS 419A.190, any person or entity, including, but not limited to, a party to a juvenile court proceeding under ORS 419B.875 (1) or 419C.285 (1), whose rights or duties are adversely affected by a judgment of the juvenile court may appeal therefrom. An appeal from a circuit court must be taken to the Court of Appeals, and an appeal from a county court must be taken to the circuit court

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ORS 419A.205 Judgments described; jurisdiction of juvenile court during pendency of appeal; disposition. (1) For the purpose of being appealed, the following are judgments

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ORS 419A.208 Orders subject to appeal by state; effect of appeal of preadjudicatory order. (1) In addition to the state’s right to appeal under ORS 419A.200, the state may appeal from any of the following orders of a judge or referee

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