Title 34, Human Services; Juvenile Code; Corrections

As used in this chapter and ORS chapters 419B and 419C, unless the context requires otherwise: (1) “Adjudicated youth” means a person who has been found to be within the jurisdiction of the juvenile court under ORS 419C.005 for an act committed when the person was under 18 years …

(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 co…

The director of a juvenile department or one of the counselors shall: (1) Make or cause to be made an investigation of every child, ward, youth or adjudicated youth brought before the court and report fully thereon to the court. (2) Be present in court to represent the interests …

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: (1) Out-of-state runaways, as defined in ORS 419C.156; or (2) Runaway…

(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 d…

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, you…

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]

(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…

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 discipli…

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 avail…

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]

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

(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 pend…

(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: (a) Sanitary drinking water in living units and dayrooms; (b) Toilets and washb…

(1) As used in this section: (a) “Contracting county” means a county that contracts with another county or a regional juvenile detention correctional facility to place youths and adjudicated youths in a detention facility in another county or in a regional juvenile detention corr…

(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 fu…

(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. (2) If the…

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;…

(1) The juvenile court may not place an adjudicated youth in a detention facility under ORS 419C.453 unless the facility: (a) Houses adjudicated youths in a room or ward screened from the sight and sound of adults who may be detained in the facility; and (b) Is staffed by juvenil…

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 popula…

(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 serv…

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]

(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: (a) Establish and approve policies and procedures for the operation of local citizen review boards; (b) Approve and cause to hav…

The Chief Justice, in consultation with the Supreme Court, shall adopt rules under ORS 1.002 that may include any procedures for the administration of the local citizen review board program regarding: (1) Removal of members of local citizen review boards; (2) The time, content an…

(1) Before beginning to serve on a local citizen review board, each member shall swear or affirm to the court that the member shall keep confidential the information reviewed by the board and its actions and recommendations in individual cases. (2) The members and staff of a loca…

(1) Notwithstanding the provisions of ORS 40.225 to 40.275, 412.074, 419B.035, 419B.045, 419B.440, 419B.443, 419B.446, 419B.449, 419B.452 and 419B.460, each local citizen review board shall have access to: (a) Any records of the court which are pertinent to the case; and (b) Any …

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 place…

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

(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 accountabilit…

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 descr…

(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…

Anyone participating in a case review by a local citizen review board shall have: (1) Immunity from any liability, civil or criminal, for defamation for statements made in good faith by the participant, orally or in writing, in the course of such case review. (2) The same immunit…

(1) The local citizen review board may disclose records disclosed to the local board under ORS 419A.102 to: (a) Parents and their attorneys; (b) Foster parents; (c) Mature children; (d) Mature wards; (e) The attorneys for children and wards; and (f) Other persons authorized by th…

(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 m…

(1) After reviewing each case, the local citizen review board shall make written findings and recommendations with respect to: (a) Whether reasonable efforts were made prior to the placement, to prevent or eliminate the need for removal of the child or ward from the home; (b) If …

The local citizen review board shall keep accurate records and retain these records on file. The local citizen review board shall send copies of its written findings and recommendations to the following: (1) The court; (2) The Department of Human Services; and (3) Other participa…

Upon receipt of findings and recommendations from the local citizen review board, the court shall: (1) Review the findings and recommendations of the local citizen review board within 10 days after the findings and recommendations are received by the court. If the court finds it …

Upon receipt of findings and recommendations from the local citizen review board, the Department of Human Services shall: (1) Review the findings and recommendations of the local citizen review board within 10 days after the findings and recommendations are received by the depart…

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.39…

(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 on…

(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 ha…

In case of failure to comply with any order of the juvenile court, the court may proceed for contempt of court against the person failing to comply. [1993 c.33 §45] FORMER JEOPARDY

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 sam…

(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 a…

(1) For the purpose of being appealed, the following are judgments: (a) A judgment finding a child or youth to be within the jurisdiction of the court; (b) A judgment disposing of a petition including, but not limited to, a disposition under ORS 419B.325 or 419C.411; (c) Any fina…

(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: (a) An order made prior to an adjudicatory hearing dismissing or setting aside a delinquency petition; (b) An order that sets aside a pe…

(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 th…

(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…

During any juvenile court proceeding under this chapter and ORS chapters 419B and 419C regarding a youth, adjudicated youth or young person: (1)(a) Instruments of physical restraint, such as handcuffs, chains, irons, straitjackets, cloth restraints, leather restraints, plastic re…

(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: (a) Instruments of physical restraint, such as handcuffs, chains, irons, straitjac…