Chapter 419C — Chapter 419C

ORS 419C.001 Purposes of juvenile justice system in delinquency cases; audits. (1) The Legislative Assembly declares that in delinquency cases, the purposes of the Oregon juvenile justice system from apprehension forward are to protect the public and reduce juvenile delinquency and to provide fair and impartial procedures for the initiation, adjudication and disposition of allegations of delinquent conduct. The system is founded on the principles of personal responsibility, accountability and reformation within the context of public safety and restitution to the victims and to the community. The system shall provide a continuum of services that emphasize prevention of further criminal activity by the use of early and certain sanctions, reformation and rehabilitation programs and swift and decisive intervention in delinquent behavior. The system shall be open and accountable to the people of Oregon and their elected representatives

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ORS 419C.005 Jurisdiction. (1) The juvenile court has exclusive original jurisdiction in any case involving a person who is under 18 years of age and who has committed an act that is a violation, or that if done by an adult would constitute a violation, of a law or ordinance of the United States or a state, county or city

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ORS 419C.007 Suspension or revocation of driving privileges. If a juvenile court finds a youth to be within the jurisdiction of the court under ORS 419C.005 because the youth committed an act that, if committed by an adult, would constitute an offense that is a ground for suspension or revocation of driving privileges upon conviction of the offense, the order of the court finding the youth to be within the jurisdiction of the court constitutes a ground for suspension or revocation of the youth’s driving privileges. [2008 c.49 §2]

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ORS 419C.010 Extradition. (1) The provisions of this chapter shall not apply to a youth who, while under the age of 18 years, commits an act which is a violation, or which if done by an adult would constitute a violation, of a law or ordinance of this state or any of its political subdivisions, punishable by imprisonment, and thereafter flees from this state

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ORS 419C.013 Venue. (1)(a) Except as otherwise provided in this subsection, a juvenile proceeding based on allegations of jurisdiction under ORS 419C.005 shall commence in either the county where the youth resides or the county in which the alleged act was committed

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ORS 419C.020 Notice to parents or guardian of youth; when given; contents. (1) At the first appearance by the parents or guardian of a youth before the court, the court shall inform the parents or guardian verbally and provide a standard notice describing

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ORS 419C.025 Appearance by telephone or closed-circuit television. (1) Except as provided in subsection (2) of this section, when a person is directed to appear before the court in a proceeding under this chapter, the person may appear by telephone or closed-circuit television as long as all parties having an interest in the proceeding have access to the telephone or television circuit used for the appearance and as long as the appearance is made publicly audible within the courtroom of the court under whose authority the hearing is held

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ORS 419C.030 Screening for sex trafficking victims; resource referral. (1) As soon as practicable after a youth or adjudicated youth is taken into custody under this chapter or, if the youth or adjudicated youth is not taken into custody, at the point of intake, a county juvenile department shall ensure that the youth or adjudicated youth is screened to determine whether the youth or adjudicated youth is a victim of sex trafficking. If the screening indicates that the youth or adjudicated youth is or has been a victim of sex trafficking, the screener shall immediately report the suspected sex trafficking as required under ORS 419B.010 and the county juvenile department shall ensure that the youth or adjudicated youth is referred to appropriate resources, including access to a special advocate

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ORS 419C.050 Transfer to juvenile court from another court. If during the pendency of a proceeding involving an allegation of a crime in any court other than a juvenile court it is ascertained that the age of the person who is the subject of the proceeding is such that the matter is within the exclusive jurisdiction of the juvenile court, it is the duty of the court in which the proceeding is pending to transfer the proceeding to the juvenile court of the county in which the proceeding is pending. The clerk of the court transferring the proceeding shall notify the clerk of the juvenile court of the transfer. [1993 c.33 §152; 1995 c.422 §73b; 2017 c.252 §20; 2019 c.634 §15]

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ORS 419C.053 Transfer to court of county of youth’s residence. (1) A court, on its own motion or on the motion of a party made at any time prior to disposition, may transfer a proceeding to the court of the county where a youth resides if

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ORS 419C.056 Transfer of jurisdiction by court in county of youth’s residence. When a juvenile court proceeding is pending in a county other than the county in which the youth resides and the case is transferable, the juvenile court of the county in which the youth resides may authorize the court in which the case is pending to proceed with the case in either of the following ways, when it will facilitate disposition of the case without adverse effect on the interests of the youth

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ORS 419C.058 Transfer of jurisdiction to tribal court. (1) With the approval of the Chief Justice of the Supreme Court, the presiding judge of the twenty-second judicial district and, for cases arising in Wasco County or Hood River County, the presiding judge of the seventh judicial district may enter into a memorandum of understanding with the Confederated Tribes of Warm Springs regarding the adjudication and disposition of youths and adjudicated youths

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ORS 419C.059 Facilitation of disposition; interests of youth; authority of court where proceeding pending to allow other county to conduct hearing or assume jurisdiction. (1) When a proceeding is pending in the juvenile court of any county, the juvenile court of that county may authorize the juvenile court of any other county to do one or both of the following, when it will facilitate the disposition of the case without adverse effect on the interests of the youth

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ORS 419C.062 [1993 c.33 §156; repealed by 2017 c.252 §24]

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ORS 419C.065 Transportation of youth whose case is transferred. If the youth who is the subject of the proceeding is, at the time of the transfer or temporary transfer provided for in ORS 419C.053, 419C.056 or 419C.059, in detention or shelter care or for other reason needs transportation to the other county, the county in which the youth resides shall make such order or provision for the transportation and safekeeping of the youth as is appropriate in the circumstances, including an order directing any peace officer of the county in which the youth resides to transfer the youth in the manner directed. [1993 c.33 §157]

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ORS 419C.067 Case transferred to juvenile court after verdict in criminal court. When a case is transferred to the juvenile court under ORS 137.707, the juvenile court shall enter an order finding the youth within the jurisdiction of the court under ORS 419C.005 based on the verdict in the criminal court. The juvenile court’s order has the same effect as an adjudication under ORS 419C.400. [1995 c.422 §82]

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ORS 419C.080 Custody; when authorized. (1) A peace officer, or any other person authorized by the juvenile court of the county in which the youth is found, may take a youth into custody in the following circumstances

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ORS 419C.085 Citation in lieu of custody. In lieu of taking a youth into custody, a peace officer may issue a citation to a youth for the same offenses and under the same circumstances that a citation may be issued to an adult. Unless the citation is issued for violation of law or ordinance for which an order has been entered pursuant to ORS 419C.370, the citation is returnable to the juvenile court of the county in which the citation is issued. Law enforcement agencies in a county, in consultation with the juvenile court of the county, may develop a form for citations issued pursuant to this section. The peace officer shall send a copy of the citation to the district attorney. [1993 c.33 §159; 2001 c.870 §16]

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ORS 419C.088 Custody by private person. A private person may take a youth into custody in circumstances where, if the youth were an adult, the person could arrest the youth. [1993 c.546 §160; 1993 c.33 §60; 1997 c.727 §2]

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ORS 419C.091 Custody not arrest. (1) Custody under ORS 419C.080 and 419C.088 shall not be deemed an arrest so far as the youth is concerned. All peace officers shall keep a record of youths taken into custody and shall promptly notify the juvenile court or counselor of all youths taken into custody

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ORS 419C.094 Jurisdiction attaches at time youth taken into custody. Except as otherwise provided in ORS 419C.103 (3) and (4), the jurisdiction of the juvenile court of the county in which a youth is taken into custody under ORS 419C.080 and 419C.088 shall attach from the time the youth is taken into custody. [1993 c.33 §162; 1993 c.546 §62; 1997 c.727 §4; 1999 c.577 §9]

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ORS 419C.097 Notice to parents, victim. (1) As soon as practicable after the youth is taken into custody under ORS 419C.080 and 419C.088, the person taking the youth into custody shall notify the youth’s parent, guardian or other person responsible for the youth. The notice shall inform the parent, guardian or other person of the action taken and the time and place of the hearing

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ORS 419C.100 Release of youth taken into custody; exceptions. The person taking the youth into custody under ORS 419C.080 and 419C.088 shall release the youth to the custody of the youth’s parent, guardian or other responsible person in this state, except in the following cases

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ORS 419C.103 Procedure when youth is not released; release decision when youth taken into custody resides in other county. (1) Except as otherwise provided in subsection (2) of this section, if a youth taken into custody is not released as provided in ORS 419C.100 and the juvenile court for the county has not established the alternative procedure authorized in subsection (5) of this section, the person taking the youth into custody shall, without unnecessary delay, do one of the following

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ORS 419C.106 Report required when youth is taken into custody. (1) Except where the youth is taken into custody pursuant to an order of the court, the person taking the youth into custody under ORS 419C.080 and 419C.088 shall promptly file with the court or a counselor a brief written report stating all of the following

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ORS 419C.109 Initial disposition of youth taken into custody. (1) Except as otherwise provided in subsection (3) of this section, the court may designate a person to effect disposition of a youth taken into custody or brought before the court under ORS 419C.097, 419C.100, 419C.103 and 419C.106. If the requirements of ORS 419C.145 (3) are met, the person may do any of the following when the person has taken custody of a youth or has authority to effect disposition of a youth taken into custody

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ORS 419C.125 Detention in place where adults are detained of certain persons alleged to be within court’s jurisdiction. (1) A juvenile court may order a person who is 18 years of age or older and alleged to be within the jurisdiction of the juvenile court under ORS 419C.005 to be detained in a jail or other place where adults are detained only in those circumstances in which the juvenile court could detain a youth before adjudication on the merits in a detention facility

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ORS 419C.130 Youth or adjudicated youth may not be detained where adults are detained; exceptions. (1) A youth or adjudicated youth may not be detained at any time in a police station, jail, prison or other place where adults are detained, except as follows

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ORS 419C.133 Detention of youth under 12 years of age; judicial review required. No youth under 12 years of age shall be placed in detention except pursuant to judicial review and written findings describing why it is in the best interests of the youth to be placed in detention. Such review may be ex parte, and the youth does not need to be present. However, a juvenile court judge or referee must determine that the youth is eligible for detention under ORS 419C.145 or 419C.156 and that appropriate alternative methods of controlling the youth’s behavior are unavailable. A youth detained under this section shall have the right to a hearing as provided in ORS 419C.153. [1993 c.33 §168; 2001 c.686 §9]

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ORS 419C.136 Temporary hold to develop release plan; duration. If a parent, guardian or other person responsible for the youth cannot be found or will not take responsibility for the youth, no appropriate shelter care space is available and the youth cannot be released safely on recognizance or conditionally, a youth who is accused of an act which would be a crime if committed by an adult may be detained for a period of time not exceeding 36 hours from the time the youth first is taken into custody to allow the juvenile department counselor or other person designated by the juvenile court to develop a release plan to insure the youth’s safety and appearance in court. Such detention shall conform to the limitations of ORS 419C.130. [1993 c.33 §170; 1995 c.422 §73e]

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ORS 419C.139 Speedy hearing on detention cases. No youth shall be held in detention or shelter care more than 36 hours, excluding Saturdays, Sundays and judicial holidays, except on order of the court made pursuant to a hearing under ORS 419C.109 (3), 419C.145, 419C.150, 419C.153, 419C.156 and 419C.159. [1993 c.33 §171; 1995 c.422 §73f; 1999 c.577 §7]

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ORS 419C.142 Notice of detention hearing. (1) Whenever a hearing concerning the detention of a youth under this chapter is held, notice of the hearing shall be given to

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ORS 419C.145 Preadjudication detention; grounds. (1) A youth may be held or placed in detention before adjudication on the merits if one or more of the following circumstances exists

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ORS 419C.150 Time limitations on detention; exceptions. (1) Except as otherwise provided in this section, a youth may be held in detention under this section and ORS 419C.145, 419C.153 and 419C.156 for a maximum of 28 days except for good cause shown prior to the expiration of the 28-day period. If good cause for continued detention is shown, the period of detention may be extended for no more than an additional 28 days unless the adjudication is continued with the express consent of the youth

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ORS 419C.153 Detention review or release hearing. (1) Except as provided in subsection (2) of this section, any youth ordered detained under ORS 419C.145, 419C.150 and 419C.156 shall have a review hearing at least every 10 days, excluding Saturdays, Sundays and judicial holidays. At the review hearing the court shall determine whether sufficient cause exists to require continued detention of the youth. In addition, the court may review and may confirm, revoke or modify any order for the detention or release of the youth under this section or ORS 419C.109, 419C.136, 419C.139, 419C.145, 419C.150 or 419C.156 and, in the event that the youth is alleged to have committed an offense which if committed by an adult would be a misdemeanor or Class C felony, may do so ex parte. Release of a youth may not be revoked, however, except upon a finding that the youth may be detained under this section or ORS 419C.145, 419C.150 and 419C.156, and after a hearing is held in accordance with ORS 419C.109, 419C.136 and 419C.139

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ORS 419C.156 Detention of runaway from another state. (1) As used in this section

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ORS 419C.159 Escape; punishment. Any youth 12 years of age or older, alleged to be within the jurisdiction of the juvenile court by reason of having committed an act which would be a crime if committed by an adult, who escapes from a juvenile detention facility as defined in ORS 419A.004 after having been placed in the facility pursuant to the filing of a petition alleging that the youth has committed an act which would be a crime if committed by an adult commits a violation punishable by placement in a detention facility for youths for a specific period of time not to exceed eight days, in addition to time already spent in the facility, when such punishment is ordered by the juvenile court pursuant to ORS 419C.453. [1993 c.33 §177]

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ORS 419C.170 Time limitations on shelter care. No youth shall be held in shelter care more than 36 hours, excluding Saturdays, Sundays and judicial holidays, except on order of the court made pursuant to a hearing under ORS 419C.145, 419C.150, 419C.153 and 419C.156. [1993 c.33 §178; 1995 c.422 §73h]

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ORS 419C.173 Evidentiary hearing. (1) When the youth is taken, or is about to be taken, into temporary custody pursuant to ORS 419C.080 and 419C.088 and placed in shelter care, a parent or youth shall be given the opportunity to present evidence to the court at the hearing specified in ORS 419C.170, and at any subsequent review hearing, that the youth can be returned home without further danger of suffering physical injury or emotional harm, endangering or harming others, or not remaining within the reach of the court process prior to adjudication

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ORS 419C.176 Conditional release by court. If the court finds that release of the youth on the youth’s own recognizance is unwarranted and if probable cause exists to believe that the youth may be detained under ORS 419A.063, 419C.145 or 419C.453, the court may make a conditional release of the youth subject to such conditions as will protect the safety of the youth, the victim, other persons and the community and insure the youth’s appearance in court. [1993 c.33 §180; 2007 c.609 §18]

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ORS 419C.179 Release security provisions not applicable. Provisions regarding security for release in criminal cases shall not be applicable to youths held or taken into custody as provided in this chapter. [1993 c.33 §181; 1999 c.1051 §271]

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ORS 419C.200 Court-appointed counsel for youth; waiver. (1)(a) When a petition is filed under ORS 419C.005, the court

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ORS 419C.203 [1993 c.33 §183; 1997 c.761 §§7,7a; 2001 c.962 §50; 2003 c.449 §13; 2012 c.107 §47; repealed by 2021 c.597 §37]

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ORS 419C.206 Compensation for counsel. When the court appoints counsel for a youth, the compensation for counsel and reasonable fees and expenses of investigation, preparation and presentation paid or incurred shall be determined and paid as provided in ORS 135.055. [1993 c.33 §184; 2001 c.962 §51; 2003 c.449 §31; 2021 c.597 §14]

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ORS 419C.209 Applicability of other laws. Appointment of counsel for the youth or parent is subject to ORS 135.055, 151.216 and 151.219. [1993 c.33 §186; 2001 c.962 §52]

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ORS 419C.220 Appointment of surrogate. (1) Upon the request of any party, the court shall appoint a surrogate for a youth or adjudicated youth who is temporarily or permanently in the custody of, or committed to, a public or private agency through the action of the juvenile court if

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ORS 419C.223 Duties and tenure. A person that is appointed surrogate for an adjudicated youth has the duty and authority to protect the due process rights of the adjudicated youth with respect to the provision of free appropriate public education. A surrogate appointed by the court shall immediately apply to the attending school district for an evaluation of the adjudicated youth’s eligibility for special education and shall participate in the development of the adjudicated youth’s educational plan as provided in ORS chapter 343. The duties and responsibilities of the surrogate shall continue until whichever of the following occurs first

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ORS 419C.225 Authorized diversion programs. (1) Following a review of a police report and other relevant information, a county juvenile department may refer a youth to an authorized diversion program if the youth is eligible to enter into a formal accountability agreement under ORS 419C.230

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ORS 419C.226 Youth courts. (1) An organization may establish and operate a youth court only with the agreement and cooperation of a county juvenile department. To establish a youth court, the organization and the county juvenile department must enter into a written agreement that

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ORS 419C.230 Formal accountability agreements; when appropriate; consultation with victim. (1) A formal accountability agreement may be entered into when a youth has been referred to a county juvenile department, and a juvenile department counselor has probable cause to believe that the youth may be found to be within the jurisdiction of the juvenile court for one or more acts specified in ORS 419C.005

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