Chapter 419A — Chapter 419A
76 sections in this chapter.
ORS 419A.209 Joint motion to vacate judgment or order; appeal after reconsideration. (1) Upon joint motion of the parties to an appeal from a judgment or order of the juvenile court, the court may vacate the judgment or order from which the appeal was taken and remand the matter to the juvenile court to reconsider the judgment or order, or any order entered by the juvenile court. Upon remand, the juvenile court shall have jurisdiction to enter a modified judgment or order
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(2) After entry of a modified judgment or order on reconsideration, or upon reentry of the original judgment or order, either party may appeal in the same time and manner as an appeal from the original judgment or order. [2013 c.143 §2]
ORS 419A.211 Appointment of counsel. (1) If the child, ward, youth, adjudicated youth, parent or guardian is determined to be entitled to, and, except as provided in subsection (4) of this section, financially eligible for, appointment of counsel at state expense in an appeal as provided in ORS 419A.200 and 419A.208, the court, upon request of the person or upon its own motion, shall appoint suitable counsel to represent the person. Counsel appointed by the court shall be paid compensation determined by the executive director of the Oregon Public Defense Commission as provided in ORS 135.055 if the circuit court is the appellate court or as provided in ORS 138.500 if the Court of Appeals or the Supreme Court is the appellate court. The court may not substitute one appointed counsel for another except pursuant to the policies, procedures, standards and guidelines of the commission
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(2)(a) When the court appoints counsel to represent the child or ward, it may order the parent, if able, or guardian of the estate, if the estate is able, to pay to the Public Defense Services Account established by ORS 151.225, through the clerk of the court, in full or in part …
ORS 419A.240 Use of restraints during juvenile court proceedings. During any juvenile court proceeding under this chapter and ORS chapters 419B and 419C regarding a youth, adjudicated youth or young person
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(1)(a) Instruments of physical restraint, such as handcuffs, chains, irons, straitjackets, cloth restraints, leather restraints, plastic restraints and other similar items, may not be used during the juvenile court proceeding and must be removed prior to the youth, adjudicated yo…
ORS 419A.245 Use of restraints during transport. (1) During the transportation of a youth, adjudicated youth, young person, ward or child by the Department of Human Services, the Oregon Health Authority or an agent of the department or authority
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(a) Instruments of physical restraint, such as handcuffs, chains, irons, straitjackets, cloth restraints, leather restraints, plastic restraints and other similar items, may not be used unless: (A) The transportation is secure transportation to a detention facility, youth correct…
ORS 419A.250 Authority; segregation of records; access; when records may be kept with those of adults; destruction of records; missing children. (1) A child, ward, youth or adjudicated youth may be photographed or fingerprinted by a law enforcement agency
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(a) Pursuant to a search warrant; (b) According to laws concerning adults if the youth has been transferred to criminal court for prosecution; (c) Upon consent of both the child or youth and the child or youth’s parent after advice that they are not required to give such consent;…
ORS 419A.252 Definitions for ORS 419A.252, 419A.253, 419A.255 and 419A.256. As used in this section and ORS 419A.253, 419A.255 and 419A.256
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(1) “Person” means an individual, a public body as defined in ORS 174.109 or a tribe that is a party to a juvenile court proceeding pursuant to ORS 419B.875. (2) “Prospective appellate attorney” means an attorney designated by the Oregon Public Defense Commission to potentially r…
ORS 419A.253 When information in report, material or document considered by court must be identified in record. (1) When, for the purpose of a hearing or proceeding that will result in the entry of an order or judgment, the juvenile court intends to rely upon information in any report, material or document, including information in the supplemental confidential file, and no party has offered the report, material or document as an exhibit or asked the court to take judicial notice of a fact or law in the information pursuant to ORS 40.060 to 40.085 and 40.090, the court shall
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(a) Identify on the record the report, material or document, or information in the report, material or document, upon which the court intends to rely; and (b) Subject to the court’s ruling on objections by the parties, either: (A) Take judicial notice of a fact or law in the info…
ORS 419A.255 Maintenance; disclosure; exceptions to confidentiality. (1)(a) The clerk of the court shall maintain a record of each case and a supplemental confidential file for each case, except as otherwise provided in ORS 7.120
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(b) The record of the case shall be withheld from public inspection but is open to inspection by the following: (A) The judge of the juvenile court and those acting under the judge’s direction; (B) The child; (C) The ward; (D) The youth; (E) The adjudicated youth; (F) The parent …
ORS 419A.256 When transcript of proceeding is part of record of case; access to transcript; disclosure. (1)(a) Once prepared and filed with the court, a transcript of a juvenile court proceeding is part of the record of the case maintained by the clerk of the court under ORS 419A.255 (1) and is subject to the provisions of ORS 419A.255 governing access and disclosure
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(b) Notwithstanding ORS 419A.255, if a transcript, audio recording or video recording has been prepared in any proceeding under ORS chapter 419C, the victim, child, ward, youth, adjudicated youth or young person or the parent or guardian of the child, ward, youth, adjudicated you…
ORS 419A.257 Reports and materials privileged; permissible disclosures; use of materials in evidence. (1) Reports and other materials relating to a child, ward, youth or adjudicated youth’s history and prognosis that are created or maintained by or on behalf of the Oregon Youth Authority or the juvenile department are privileged and, except with the consent of the child, ward, youth or adjudicated youth or with the authorization of the court, shall be withheld from public inspection
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(2) The Oregon Youth Authority and the juvenile department may disclose and provide copies of reports and other materials relating to the child, ward, youth or adjudicated youth’s history and prognosis, if the disclosure is reasonably necessary to perform official duties relating…
ORS 419A.258 Motion to inspect or copy records. (1) Any person or entity not included in ORS 419A.255 as a person or entity entitled to inspection or copying of the record of the case or the supplemental confidential file may file a motion with the court to inspect or copy the record of the case or the supplemental confidential file. The person or entity filing the motion shall file a sworn affidavit or declaration under penalty of perjury that states all of the following
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(a) The reasons why the inspection or copying is sought; (b) The relevancy, if any, of the inspection or copying to the juvenile court proceeding; and (c) How the inspection or copying will serve to balance the interests listed in subsection (6) of this section. (2)(a) No later t…
ORS 419A.260 Expunction; definitions. (1) As used in ORS 419A.260 to 419A.271
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(a) “Contact” means any instance in which a person’s act or behavior, or alleged act or behavior, which could result in a referral to a juvenile department or a juvenile court’s assumption of jurisdiction under ORS 419B.100 (1)(a) to (c) and (f) or 419C.005 comes to the attention…
ORS 419A.261 Application for expunction of records relating to contact, violations and certain misdemeanors and felonies; eligibility; denial; notice to victim; judgment. (1)(a) An expunction proceeding under subsection (2) of this section shall be commenced in the county where the subject person had the most recent contact
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(b) An expunction proceeding under subsection (3) or (4) of this section shall be commenced in the county where the subject person had the most recent adjudication. (2)(a) A juvenile department shall file with the juvenile court an application for expunction of the records of a p…
ORS 419A.262 Application for expunction of records relating to certain misdemeanors, prostitution and certain sex crimes; eligibility; denial; judgment; notice to victim. (1) An expunction proceeding under this section shall be commenced in the county where the subject person had the most recent adjudication or, if the subject person did not have an adjudication, where the subject person had the most recent contact
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(2) Except as provided in ORS 419A.261, upon application of either a person who is the subject of a record or a juvenile department, or upon its own motion, the juvenile court shall order expunction if, after a hearing when the matter is contested, it finds that: (a) At least fou…
ORS 419A.265 Eligibility for order of expunction for certain adjudications involving marijuana. Notwithstanding ORS 419A.262 (2)(a), a person is eligible for an order of expunction under ORS 419A.262 if the person was adjudicated for committing an act that, if committed by an adult, would constitute a criminal offense in which possession, delivery or manufacture of marijuana or a marijuana item as defined in ORS 475C.009 is an element and
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(1) The court finds that at least one year has elapsed since the date of the person’s most recent termination; (2) The applicant has not been adjudicated or convicted for any other act or offense, excluding motor vehicle violations; and (3) The applicant has complied with and per…
ORS 419A.266 Expunction forms. (1) Applications for expunction under ORS 419A.261 and 419A.262 shall be available from the clerk of the court in a form prescribed by the State Court Administrator. The application must include a declaration under penalty of perjury as described in ORCP 1 E
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(2) The State Court Administrator shall prescribe the content and form of expunction judgments under ORS 419A.261 and 419A.262. The judgment forms must include a place for the court to specify the method of expunction under ORS 419A.260 (1)(b) that applies to a given record. (3) …
ORS 419A.267 Notice of expunction; agency compliance. (1) A juvenile department in the county where the subject person had the most recent contact shall issue a notice of expunction of a subject person’s records if the subject person
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(a) Has had contact with the juvenile department; (b) Has never been the subject of a petition alleging that the subject person is subject to the juvenile court’s jurisdiction under ORS 419C.005; (c) Has never been found to be within the jurisdiction of the juvenile court under O…
ORS 419A.269 Effect of expunction; confidentiality violations; penalties. (1) Upon issuance of a notice of expunction under ORS 419A.267 or entry of an expunction judgment under ORS 419A.261 or 419A.262, the contact that is the subject of the expunged record may not be disclosed by any agency. An agency that is subject to a notice of expunction or an expunction judgment shall respond to any inquiry about the contact by indicating that no record or reference concerning the contact exists
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(2) A person who is the subject of a record that has been expunged under ORS 419A.261, 419A.262 or 419A.267 may assert that the record never existed and that the contact that was the subject of the record never occurred without incurring a penalty for perjury or false swearing un…
ORS 419A.271 Appointment of counsel. (1) At the request of a person who is the subject of a record, the juvenile court shall appoint counsel for the person in accordance with the provisions of ORS 419B.195, 419B.198, 419C.200, 419C.206 or 419C.457 to aid the person in an expunction proceeding under ORS 419A.260 to 419A.271, including in the completion of an application for expunction and representation in any hearings on the application for expunction
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(2) The juvenile court shall inform a person requesting court-appointed counsel under this section of the person’s right to be represented by suitable counsel possessing skills and experience commensurate with the nature and complexity of the expunction process, to consult with c…
ORS 419A.289 Juvenile Justice Policy Commission; membership. (1) The Juvenile Justice Policy Commission is established within the Oregon Criminal Justice Commission to provide data-driven policy recommendations to strengthen public safety and improve youth outcomes in the juvenile justice system of this state
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(2) The Juvenile Justice Policy Commission consists of 17 members who are appointed as follows: (a) The Governor shall appoint, subject to confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565: (A) One representative of the Oregon Youth Authority; (B) One…
ORS 419A.290 [1993 c.33 §52; 1993 c.546 §114; repealed by 1995 c.422 §138]
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[Repealed or reserved.]
ORS 419A.291 Officers; quorum; meetings. (1) The Governor shall select one of the voting members of the Juvenile Justice Policy Commission as a chairperson who shall serve at the pleasure of the Governor. The term of the chairperson is one year. A person may be reappointed as chairperson for no more than two consecutive years
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(2) The members of the commission shall select one of the voting members as a vice chairperson. (3) A majority of the members of the commission constitutes a quorum for the transaction of business. (4) The commission shall meet at least four times per year at a time and place det…
ORS 419A.292 Duties; report. (1) The Juvenile Justice Policy Commission shall analyze the juvenile justice system at the state and local levels and across branches of government in this state to provide recommendations for improvements in law, policy, practice and appropriation to improve public safety, youth outcomes and system disparities. In conducting its analysis the commission shall oversee data-driven and qualitative analysis to examine
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(a) Key drivers of system involvement and opportunities for improved diversion and restorative justice; (b) Drivers of detention and residential placement and any available or needed alternatives to detention and residential placement; (c) Policies and practices of assessment, co…
ORS 419A.295 [Formerly 419.494; repealed by 1995 c.79 §215]
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MISCELLANEOUS
ORS 419A.300 Reports to school districts concerning young persons on conditional release. (1)(a) Once each month, the Department of Human Services shall provide to each school district a list of all young persons enrolled in a school in the school district who are on conditional release. The department shall include in the list the name and business telephone number of the caseworker assigned to each case
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(b) When a young person who is on conditional release transfers from one school district to a different school district, the caseworker assigned to the case shall notify the superintendent of the school district to which the young person has transferred of the young person’s stat…
ORS 419A.305 Notice to school administrators concerning students subject to juvenile court petitions. (1) As used in this section
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(a) “Principal” means a person having general administrative control and supervision of a school. (b) “School administrator” means: (A) The superintendent of the school district in which a youth attends school, or the designee of the superintendent, if the youth attends a public …