Title 34, Human Services; Juvenile Code; Corrections

(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 adjudicate…

(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 estab…

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…

(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: (a) Was under 18 years of age at the time of the act or is subject to juvenile court probation; and (b) Was not waived to circuit court f…

(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 cre…

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]

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 determi…

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 restitutio…

(1) The court may order that the driving privileges of a youth be suspended if: (a) The petition alleges that the youth is within the jurisdiction of the court for violating ORS 471.430 or 475C.317; (b) The youth has been issued a summons under ORS 419C.306; and (c) The youth fai…

(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 s…

(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 …

(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…

(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. (2) When the court grants legal custody to the youth auth…

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…

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…

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…

(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 r…

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 c…

(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 j…

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 yea…

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 …

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 criteri…

As used in ORS 419C.411, 419C.522 to 419C.527 and 419C.529 to 419C.542: (1) “Conditional release” includes but is not limited to the monitoring of mental and physical health treatment. (2) “Qualifying mental disorder” does not include an abnormality: (a) Manifested only by repeat…

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

(1) A youth may not introduce evidence on the issue of the defense set forth in ORS 419C.522 unless the youth: (a) Gives notice of intent to do so in the manner provided in subsection (2) of this section; and (b) Files with the court a report of a psychiatric or psychological eva…

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 wi…

(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 …

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 …

(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. Not…

(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. (2) In every h…

(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 appropria…

(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 Commissio…

(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…

(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 …

(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 wit…

A person, agency or institution having legal custody of a youth or adjudicated youth has the following duties and authority: (1) To have physical custody and control of the youth or adjudicated youth. (2) To supply the youth or adjudicated youth with food, clothing, shelter and i…

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…

A person, agency or institution having guardianship of an adjudicated youth by reason of appointment by the court has the duties and authority of a guardian of the adjudicated youth, including but not limited to the following: (1) To authorize surgery for the adjudicated youth, b…

A person appointed guardian of an adjudicated youth by the court is guardian only and not a conservator of the estate of the adjudicated youth, unless that person is appointed conservator of the adjudicated youth’s estate in a protective proceeding as provided in ORS chapter 125.…

(1)(a) A parent or legal guardian of an adjudicated youth, if the parent or guardian was served with summons under ORS 419C.300, 419C.303 and 419C.306 prior to the adjudication or at least 10 days prior to disposition, is subject to the jurisdiction of the court for purposes of t…

(1)(a) The court may order the parent or guardian to participate in any educational or counseling programs as are reasonably directed toward improvement of parenting skills and the ability of the parent to supervise the adjudicated youth if the court finds: (A) That a deficiency …

If the court finds that the parent’s or guardian’s addiction to or habitual use of alcohol, cannabis or controlled substances has significantly contributed to the circumstances bringing the adjudicated youth within the jurisdiction of the court, the court may conduct a special he…

(1) Except as provided in ORS 419C.613, 419C.615 and 419C.616, the court may modify or set aside any order made by it upon such notice and with such hearing as the court may direct. (2) When the court modifies or sets aside an order of jurisdiction based on a petition alleging th…

(1) Except as provided in subsection (2) of this section, notice and a hearing as provided in this chapter shall be granted in any case where the effect of modifying or setting aside the order will or may be to deprive a parent of the legal custody of the adjudicated youth, to pl…

(1) In addition to any other grounds upon which a person may petition a court under ORS 419C.610, a person may petition the court on the following grounds to set aside an order finding the person to be within the jurisdiction of the court under ORS 419C.005: (a) A substantial den…

(1) The effect of a prior proceeding concerning the adjudication of the person that is challenged in a petition under ORS 419C.615 is as follows: (a) The failure of the petitioner to have sought appellate review of the adjudication, or to have raised matters alleged in the petiti…