Chapter 419C — Chapter 419C

ORS 419C.405 Witnesses; subpoena. (1) Witnesses or other persons necessary for the conduct of the hearing may be subpoenaed. The youth, parents, guardian or any person appearing in the youth’s behalf may have compulsory attendance of witnesses in the youth’s or their behalf in the same manner as provided in ORS 136.567 to 136.603. The form of the subpoena shall be substantially as provided in ORS 136.575 (4) or (6), but shall describe the action as a “juvenile court proceeding” and the appearance as on behalf of “the court,” “the youth,” and so on, as the case may be

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ORS 419C.408 Witness fees. Witnesses subpoenaed to give testimony shall receive the same fees as are paid in criminal cases. Except as provided by this section, responsibility for the per diem and mileage fees of any witness, and travel expenses if so ordered by the court, shall be borne by the party who subpoenas the witness or requests the court to subpoena the witness. If the witness was subpoenaed to appear on behalf of the Oregon Youth Authority, responsibility for per diem, mileage fees and travel expenses shall be borne by the county. If the witness was subpoenaed by more than one party, the witness shall be paid by the party who first subpoenas the witness. The court may then, thereafter, order that the costs be distributed equally among all parties who subpoenaed the witness and that the original payor of the costs be reimbursed accordingly. When the witness has been subpoenaed on behalf of a party who is represented by appointed counsel, the fees and costs allowed for that witness shall be paid pursuant to ORS 135.055. [1993 c.33 §225; 2001 c.962 §53]

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ORS 419C.411 Disposition order; factors to be considered; finding of responsible except for insanity. (1) At the termination of the hearing or hearings in the proceeding or after entry of an order under ORS 419C.067, the court shall enter an appropriate order directing the disposition to be made of the case

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ORS 419C.420 Adjudication without hearing. If a youth is cited or summoned for violating ORS 471.430, 475C.317 or 475C.341 and fails to appear, the court may adjudicate the citation or petition and enter a disposition without a hearing. [2001 c.904 §14; 2005 c.708 §54; 2013 c.591 §9; 2016 c.24 §56; 2017 c.20 §6a; 2017 c.21 §106]

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ORS 419C.440 When court has duties and authority of guardian. Unless guardianship is granted as provided in ORS 419C.555, the court as an incident of its jurisdiction over the adjudicated youth has the duties and authority of the guardian as provided in ORS 419C.558. [1993 c.33 §227; 2003 c.396 §106; 2021 c.489 §68]

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ORS 419C.441 Mental health evaluation, care and treatment. A court having jurisdiction pursuant to ORS 419C.005 over an adjudicated youth who commits an act that would be a violation of ORS 167.315, 167.320, 167.322 or 167.333 if done by an adult may, in addition to any other exercise of jurisdiction over the adjudicated youth, order that the adjudicated youth undergo psychiatric, psychological or mental health evaluation. If warranted by the mental condition of the adjudicated youth, the court may order that the adjudicated youth undergo appropriate care or treatment. [2001 c.926 §4; 2003 c.396 §107; 2021 c.489 §69]

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ORS 419C.443 [1993 c.33 §228; 1995 c.422 §135; 1995 c.440 §5; 2003 c.396 §108; 2005 c.22 §295; 2005 c.708 §55; 2009 c.595 §367; 2013 c.591 §10; 2016 c.24 §57; 2017 c.21 §107; repealed by 2017 c.20 §10]

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ORS 419C.446 Probation; requirements. (1) When a court determines it would be in the best interest and welfare of an adjudicated youth, the court may place the adjudicated youth on probation. The court may direct that the adjudicated youth remain in the legal custody of the adjudicated youth’s parents or other person with whom the adjudicated youth is living, or the court may direct that the adjudicated youth be placed in the legal custody of some relative or some person maintaining a foster home approved by the court, or in a child care center or a youth care center authorized to accept the adjudicated youth

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ORS 419C.449 [1997 c.725 §3; 2001 c.485 §2; 2003 c.396 §110; 2021 c.489 §71; repealed by 2021 c.597 §37]

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ORS 419C.450 Restitution. (1)(a) It is the policy of the State of Oregon to encourage and promote the payment of restitution and other obligations by adjudicated youths as well as by adult offenders. In any case within the jurisdiction of the juvenile court pursuant to ORS 419C.005 in which the adjudicated youth caused another person any physical, emotional or psychological injury or any loss of or damage to property, the victim has the right to receive prompt restitution. The district attorney shall investigate and present to the court, prior to or at the time of adjudication, evidence of the nature and amount of the injury, loss or damage. If the court finds from the evidence presented that a victim suffered injury, loss or damage, in addition to any other sanction it may impose, the court shall

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ORS 419C.453 Detention; when authorized. (1) Pursuant to a hearing, the juvenile court may order an adjudicated youth placed in a detention facility for a specific period of time not to exceed eight days, in addition to time already spent in the facility, unless a program plan that is in conformance with standards established by the Youth Development Council has been filed with and approved by the council, in which case the adjudicated youth may be held in detention for a maximum of 30 days in addition to time already spent in the facility, when

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ORS 419C.456 Detention after escape. Pursuant to a hearing, the juvenile court may order an adjudicated youth 12 years of age or older placed in a detention facility for a specific period of time not to exceed eight days, in addition to time already spent in the facility, when the adjudicated youth has been found to be within the jurisdiction of the juvenile court by reason of having escaped from a detention facility, 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 or the offense described in ORS 419C.159. [1993 c.33 §232; 2003 c.396 §112; 2021 c.489 §74]

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ORS 419C.457 Prohibition on imposition of fines and fees for acts committed by child, youth, adjudicated youth or young person. (1) A court may not assess any fee or fine under ORS 137.533, 137.540, 409.220, 809.267 or 813.240 arising out of the actions of a person who

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ORS 419C.459 [1993 c.33 §233; 2003 c.396 §113; 2011 c.597 §21; 2021 c.489 §75; repealed by 2021 c.597 §37]

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ORS 419C.460 [2021 c.591 §27; repealed by 2024 c.70 §72]

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ORS 419C.461 Disposition for graffiti related offenses. (1) When an adjudicated youth has been found to be within the jurisdiction of the juvenile court for having committed an act that if committed by an adult would constitute a violation of ORS 164.383 or 164.386 or criminal mischief and the act consisted of defacing property by creating graffiti, the court, in addition to any other disposition, may order the adjudicated youth to perform

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ORS 419C.462 Community service. The court may order an adjudicated youth to perform appropriate community service for a number of hours not to exceed that which could be required under ORS 137.129 if the adjudicated youth were an adult. [1993 c.33 §234; 2003 c.396 §115; 2021 c.489 §77]

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ORS 419C.465 Service to victim. Upon agreement of the adjudicated youth, the adjudicated youth’s parent or guardian and the victim of the adjudicated youth’s conduct, the court may order an adjudicated youth to perform personal service for the victim as a condition of probation. Contact with a victim to determine whether the victim is willing to agree to such personal service shall be by a person to be designated by the court and may not be by the adjudicated youth. The victim shall be advised by such person of any prior findings of juvenile court jurisdiction of the adjudicated youth under ORS 419C.005. The court shall specify the nature and length of the service as the court finds appropriate. Personal service performed pursuant to the order shall constitute full or partial satisfaction of any restitution ordered by the court, as provided by agreement prior to the making of the order. However, in no case shall the adjudicated youth, pursuant to this section, perform more hours of personal service than would be indicated by dividing the victim’s monetary loss by the legal minimum wage. [1993 c.33 §235; 2003 c.396 §116; 2021 c.489 §78]

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ORS 419C.470 Opportunities to fulfill obligations imposed by court. The Oregon Youth Authority and county juvenile departments, respectively, and to the extent practicable, shall create opportunities for adjudicated youths placed in the legal custody of the youth authority or under the supervision of a county juvenile department to pay restitution as ordered by the court and to perform any community service ordered by the court, as well as to fulfill any other obligation imposed by the court. [1993 c.33 §236; 1995 c.422 §84; 2011 c.597 §137; 2021 c.489 §79]

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ORS 419C.472 Suspension of driving privileges. (1) The court may order that the driving privileges of a youth be suspended if

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ORS 419C.473 Authority to order blood or buccal samples. (1) Whenever an adjudicated youth has been found to be within the jurisdiction of the court under ORS 419C.005 for having committed an act that if done by an adult would constitute a felony listed in subsection (2) of this section, the court shall order the adjudicated youth to submit to the obtaining of a blood or buccal sample in the manner provided by ORS 137.076. The court shall further order that as soon as practicable after the entry of the dispositional order, the law enforcement agency attending upon the court shall cause a blood or buccal sample to be obtained and transmitted in accordance with ORS 137.076

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ORS 419C.475 Authority to order blood-borne infection testing. (1) Whenever an adjudicated youth has been found to be within the jurisdiction of the court under ORS 419C.005 (1) for having committed an act from which it appears that the transmission of body fluids from one person to another as described in ORS 135.139 may have been involved or a sexual act may have occurred, the court shall order the adjudicated youth to submit to blood-borne infection testing as provided in ORS 135.139 if the victim, or parent or guardian of the victim, requests the court to make such an order

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ORS 419C.478 Commitment to Oregon Youth Authority or Department of Human Services. (1) The court may, in addition to probation or any other dispositional order, place an adjudicated youth who is at least 12 years of age in the legal custody of the Oregon Youth Authority for care, placement and supervision or, when authorized under subsection (3) of this section, place an adjudicated youth in the legal custody of the Department of Human Services for care, placement and supervision. In any order issued under this section, the court shall include written findings describing why it is in the best interests of the adjudicated youth to be placed with the youth authority or the department

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ORS 419C.481 Guardianship and legal custody of adjudicated youth committed to Oregon Youth Authority. (1) The juvenile court retains jurisdiction and the Oregon Youth Authority retains legal custody of an adjudicated youth committed to it regardless of the physical placement of the adjudicated youth by the youth authority

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ORS 419C.483 [1993 c.33 §241; repealed by 1999 c.92 §7]

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ORS 419C.486 Consideration of recommendations of committing court; case planning. To ensure effective planning for adjudicated youths committed to its custody, the Oregon Youth Authority shall take into consideration recommendations and information provided by the committing court before placement in any facility. The youth authority shall ensure that the case planning in any case

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ORS 419C.489 Condition requiring medical care or special treatment; preparation of plan; progress reports. Whenever an adjudicated youth who is in need of medical care or other special treatment by reason of physical or mental condition is placed in the custody of the Oregon Youth Authority by the juvenile court, the youth authority shall prepare a plan for care or treatment within 14 days after assuming custody of the adjudicated youth. The court may indicate in general terms the type of care which it regards as initially appropriate. A copy of the plan, including a time schedule for its implementation, shall be sent to the juvenile court that committed the adjudicated youth to the youth authority. The court may at any time request regular progress reports on implementation of the plan. The youth authority shall notify the court when the plan is implemented, and shall report to the court concerning the progress of the adjudicated youth annually thereafter. If the plan is subsequently revised, the youth authority shall notify the court of the revisions and the reasons therefor. [1993 c.33 §242; 2003 c.396 §122; 2021 c.489 §85]

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ORS 419C.492 Court’s authority to review placement. Commitment of an adjudicated youth to the Oregon Youth Authority or the Department of Human Services does not terminate the court’s continuing jurisdiction to protect the rights of the adjudicated youth or the adjudicated youth’s parents or guardians. Notwithstanding ORS 419C.478 (5), if upon review of a placement of an adjudicated youth made by the youth authority or the department, the court determines that the placement is so inappropriate as to violate the rights of the adjudicated youth or the adjudicated youth’s parents or guardians, the court may direct the youth authority or the department to place the adjudicated youth in a specific type of residential placement, but the actual planning and placement of the adjudicated youth shall be the responsibility of the youth authority or the department. Nothing in this section affects any contractual right of a private agency to refuse or terminate a placement. [1993 c.33 §243; 1995 c.422 §131; 2021 c.489 §86]

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ORS 419C.495 When commitment to youth correction facility authorized. (1) An adjudicated youth placed in the legal custody of the Oregon Youth Authority may be placed in a youth correction facility or in a private institution operated as a facility for adjudicated youths requiring secure custody only when the juvenile court having jurisdiction so recommends

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ORS 419C.498 Disposition under compact, agreement or arrangement with another state. If there is an interstate compact or agreement or an informal arrangement with another state permitting the adjudicated youth to reside in another state while on probation or under protective supervision, or to be placed in an institution or with an agency in another state, the court may place the adjudicated youth on probation or under protective supervision in such other state, or, subject to ORS 419C.495, place the adjudicated youth in an institution in such other state in accordance with the compact, agreement or arrangement. [1993 c.33 §245; 2003 c.396 §123; 2021 c.489 §88]

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ORS 419C.501 Duration of disposition. (1) The court shall fix the duration of any disposition made pursuant to this chapter and the duration may be for an indefinite period. Any placement in the legal custody of the Department of Human Services or the Oregon Youth Authority under ORS 419C.478 or placement under the jurisdiction of the Psychiatric Security Review Board under ORS 419C.529 shall be for an indefinite period. However, the period of institutionalization or commitment may not exceed

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ORS 419C.504 Duration of probation. In any case under ORS 419C.005 the court, notwithstanding ORS 419C.501, may place the adjudicated youth on probation to the court for a period not to exceed five years. However, the period of probation shall not extend beyond the date on which the adjudicated youth becomes 23 years of age. [1993 c.33 §247; 1995 c.422 §86; 2021 c.489 §90]

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ORS 419C.507 Additional options; consultation. The court may, in lieu of or in addition to any disposition under this chapter, direct that an adjudicated youth be examined or treated by a physician, psychiatrist or psychologist, or receive other special care or treatment in a hospital or other suitable facility. If the court determines that mental health examination and treatment should be provided by services delivered through the Oregon Health Authority, the Department of Human Services shall determine the appropriate placement or services in consultation with the court, the Oregon Youth Authority and other affected agencies. If the youth authority or another affected agency objects to the type of placement or services, the court shall determine the appropriate type of placement or service. During the examination or treatment of the adjudicated youth, the department may, if appropriate, be appointed guardian of the adjudicated youth. [1993 c.33 §248; 2001 c.900 §124; 2003 c.396 §124; 2009 c.595 §368; 2021 c.489 §91]

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ORS 419C.510 Advisory committee to study dispositions; recommendations. The Chief Justice of the Supreme Court shall create an advisory committee consisting of three judges appointed by the Chief Justice. The advisory committee shall study dispositions imposed in juvenile court cases under ORS 419C.005 and make recommendations for disposition criteria that consider

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ORS 419C.520 Definitions. As used in ORS 419C.411, 419C.522 to 419C.527 and 419C.529 to 419C.542

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ORS 419C.522 Qualifying mental disorder as affirmative defense. Qualifying mental disorder constituting insanity under ORS 419C.411 (2) is an affirmative defense. [2005 c.843 §4; 2017 c.634 §23]

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ORS 419C.524 Notice and filing report prerequisite to defense; timing. (1) A youth may not introduce evidence on the issue of the defense set forth in ORS 419C.522 unless the youth

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ORS 419C.527 Procedure for state to obtain mental examination of youth; limitations. Upon the filing of a written notice of intent or the introduction of evidence by the youth as provided in ORS 419C.524, the state may have at least one psychiatrist certified, or eligible to be certified, by the Oregon Medical Board in child psychiatry or licensed psychologist with expertise in child psychology of its selection examine the youth. Unless the court finds good cause to extend the time, the state must obtain an examination under this section no later than 60 days after the notice of intent was filed or the evidence was introduced. The state shall file notice with the court of its intention to have the youth examined. Upon filing of the notice, the court shall order the youth to participate in an examination. If the youth objects to the examiner chosen by the state, the court for good cause shown may direct the state to select a different examiner. The examiner shall provide a copy of the report generated from the examination to the state. A report generated from an examination under this section is a report relating to the youth’s history and prognosis under ORS 419A.255 (2). [2005 c.843 §6]

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ORS 419C.529 Finding of serious mental condition; jurisdiction of Psychiatric Security Review Board; conditional release or commitment. (1) After the entry of a jurisdictional order under ORS 419C.411 (2), if the court finds by a preponderance of the evidence that the young person, at the time of disposition, has a serious mental condition or has a qualifying mental disorder other than a serious mental condition and presents a substantial danger to others, requiring conditional release or commitment to a hospital or facility designated on an individual case basis by the Department of Human Services or the Oregon Health Authority as provided in subsection (6) of this section, the court shall order the young person placed under the jurisdiction of the Psychiatric Security Review Board

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ORS 419C.530 Continuing jurisdiction of Psychiatric Security Review Board after placement. The Psychiatric Security Review Board exercises continuing jurisdiction over a young person committed to, or retained in, a hospital or facility designated by the Department of Human Services or the Oregon Health Authority under ORS 419C.529. If the board determines after review that the placement of a young person in the particular hospital or facility is so inappropriate as to create a substantial danger to others, the board may direct the department or the authority to place the young person in a specific type of facility or direct specific care or supervision, but the actual placement of the young person is the responsibility of the department or the authority. [2007 c.889 §2; 2009 c.595 §370; 2025 c.56 §3]

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ORS 419C.531 Notice to victim; opportunity to be heard; request for reconsideration. (1) If the juvenile court or the Psychiatric Security Review Board determines that a victim desires notification as described in ORS 419C.529, the board shall make a reasonable effort to notify the victim of board hearings and orders, conditional release, discharge or escape. Nothing in this subsection authorizes the board to disseminate information that is otherwise privileged by law

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ORS 419C.532 Hearings of Psychiatric Security Review Board; requirements; standards; dispositions. (1) The Psychiatric Security Review Board shall conduct hearings on an application for discharge, conditional release, commitment or modification filed under or required by ORS 419C.538, 419C.540 and 419C.542, and shall make findings on the issues before the board

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ORS 419C.533 Rules. (1) The Psychiatric Security Review Board, by rule pursuant to ORS 183.325 to 183.410 and not inconsistent with law, may implement its policies and set out its procedure and practice requirements and may promulgate such interpretive rules as the board deems necessary or appropriate to carry out its statutory responsibilities

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ORS 419C.535 Appointed counsel; representation of state in contested hearings before Psychiatric Security Review Board. (1) The Psychiatric Security Review Board shall appoint suitable counsel to represent a young person about whom a hearing under ORS 419C.532 is being held. Counsel appointed must be an attorney who satisfies the minimum standards established by the Oregon Public Defense Commission under ORS 151.216. The executive director of the commission shall determine and allow fair compensation for counsel appointed under this subsection and the reasonable expenses of the young person in respect to the hearing. Compensation payable to appointed counsel may not be less than the applicable compensation level established under ORS 151.216. The executive director shall pay compensation and expenses allowed from funds available for that purpose

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ORS 419C.538 Conditional release. (1) When the Psychiatric Security Review Board orders a young person conditionally released under ORS 419C.532 (4), the board may designate a qualified mental health or developmental disabilities treatment provider or state, county or local agency to supervise the young person on release subject to those conditions as the board directs in the order for conditional release. Prior to the designation, the board shall notify the qualified mental health or developmental disabilities treatment provider or agency to whom conditional release is contemplated and provide the qualified mental health or developmental disabilities treatment provider or agency an opportunity to be heard before the board. After receiving an order entered under ORS 419C.532 (4), the qualified mental health or developmental disabilities treatment provider or agency designated shall assume supervision of the young person pursuant to the direction of the board

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ORS 419C.540 Discharge or conditional release after commitment. (1) The director of a hospital or facility to which a young person was committed under ORS 419C.532 (5) shall apply to the Psychiatric Security Review Board for an order of discharge or conditional release of the young person if, at any time after the commitment, the director is of the opinion that the young person

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ORS 419C.542 Hearings before Psychiatric Security Review Board. (1) A young person committed by the court under ORS 419C.529 to a hospital or facility designated by the Department of Human Services or the Oregon Health Authority may not be held in the hospital or facility for more than 90 days from the date of the court’s commitment order without an initial hearing before the Psychiatric Security Review Board to determine whether the young person should be discharged or conditionally released

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ORS 419C.544 [2005 c.843 §19; repealed by 2025 c.56 §11]

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ORS 419C.550 Duties and authority. A person, agency or institution having legal custody of a youth or adjudicated youth has the following duties and authority

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ORS 419C.555 Authority to appoint guardian. Except when the court grants legal custody to the Oregon Youth Authority, the court may grant guardianship of the adjudicated youth to a private institution or agency to which the adjudicated youth is committed or to some suitable person or entity if it appears necessary to do so in the interests of the adjudicated youth. [1993 c.33 §249; 2003 c.396 §126; 2021 c.489 §93]

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