Chapter 419C — Chapter 419C

ORS 419C.233 Nature of agreement. A formal accountability agreement is a voluntary contract between a youth described in ORS 419C.230 and a juvenile department whereby the youth agrees to fulfill certain conditions in exchange for not having a petition filed against the youth. [1993 c.33 §190; 1995 c.422 §123]

0.0K chars

ORS 419C.236 Agreement may require counseling, community service, education, treatment or training; restitution. (1) A formal accountability agreement may require participation in or referral to counseling, a period of community service, drug or alcohol education or treatment, vocational training or any other legal activity which in the opinion of the counselor would be beneficial to the youth

0.7K chars

ORS 419C.237 Agreement may require mental health evaluation. If a youth enters into a formal accountability agreement under ORS 419C.230, 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 an act that would be a violation of ORS 167.315, 167.320, 167.322 or 167.333 if done by an adult, the agreement may provide for the youth to undergo psychiatric, psychological or mental health evaluation and, if warranted by the mental condition of the youth, undergo appropriate care or treatment. [2001 c.926 §5]

0.0K chars

ORS 419C.239 Requirements of agreement; disclosure. (1) A formal accountability agreement shall

1.3K chars

ORS 419C.242 Revocation and modification of agreement. (1) If a formal accountability agreement is revoked pursuant to ORS 419C.239, the juvenile department shall either extend the agreement pursuant to subsection (2) of this section or file a petition with the juvenile court, and an adjudicatory hearing may be held

0.6K chars

ORS 419C.245 Right to counsel; waiver. (1) The juvenile department counselor shall inform, in writing, a youth and the youth’s parents or guardians of the youth’s right to counsel and to appointed counsel at state expense. The right to counsel shall attach prior to the youth’s entering into a formal accountability agreement

0.5K chars

ORS 419C.250 Who may file petition; form. (1) The state, acting through the district attorney, Attorney General or, when authorized by the district attorney, the juvenile department counselor, may file a petition alleging that a youth is within the jurisdiction of the court as provided in ORS 419C.005

0.4K chars

ORS 419C.255 Facts to be pleaded. (1) The petition shall set forth in ordinary and concise language such of the following facts as are known and indicate any which are not known

0.7K chars

ORS 419C.258 Service. A true copy of the petition shall be served, together with the summons, upon all persons upon whom summonses are served under ORS 419C.300, 419C.303 and 419C.306. The petitioner, or an attorney for the petitioner, must certify on the copy that the copy is an exact and complete copy of the original summons and complaint. [1993 c.33 §199; 1995 c.273 §23]

0.0K chars

ORS 419C.261 Amendment and dismissal of petition. (1) The court, on motion of an interested party or on its own motion, may at any time direct that the petition be amended. If the amendment results in a substantial departure from the facts originally alleged, the court shall grant such continuance as the interests of justice may require. When the court directs the amendment of a petition alleging that a youth has committed an act that would constitute a sex crime, as defined in ORS 163A.005, if committed by an adult, the court shall make written findings stating the reason for directing the amendment

0.8K chars

ORS 419C.270 Application of criminal procedure laws. In all proceedings brought under ORS 419C.005, the following rules of criminal procedure apply

0.5K chars

ORS 419C.273 Right of victim to be present at proceedings; advice of rights; notice. (1) As used in this section

3.0K chars

ORS 419C.274 Notification of victim regarding waiver hearing or second look hearing. (1) The division of the Department of Justice providing victim and survivor services shall, in consultation with district attorney victim assistance programs and community-based victim service providers, develop model polices for providing notice to victims concerning waiver hearings under ORS 419C.349 (1)(a) and hearings conducted pursuant to ORS 420A.203. The policies must ensure that victim notification is provided in a trauma-informed and culturally specific manner

0.8K chars

ORS 419C.276 Disclosure of personal identifiers of victim or witness; advice of rights prior to interview or deposition; prohibited contact with victim or witness; effect of threats or intimidation. (1)(a) Unless authorized by the court to disclose the information, the attorney of a youth or adjudicated youth, or an agent of the attorney, may not disclose to the youth or adjudicated youth personal identifiers of a victim or witness

3.9K chars

ORS 419C.280 Consolidation. Juvenile court hearings shall be held at a special session of the court for that purpose and each case shall be heard separately, except that two or more cases may be heard together in the following instances

0.3K chars

ORS 419C.285 Parties to delinquency proceeding; rights of limited participation; interpreters. (1) At the adjudication stage of a delinquency proceeding, the parties to the proceeding are the youth and the state, represented by the district attorney or the juvenile department. At the dispositional stage of a delinquency proceeding, the following are also parties

2.1K chars

ORS 419C.300 Time limits on issuance of summons. Promptly after the petition is filed, there shall be an investigation of the circumstances concerning the youth. No later than 60 days after the petition is filed, summons may be issued. [1993 c.33 §202]

0.0K chars

ORS 419C.303 Form of summons; content. (1) The summons issued under ORS 419C.300 shall be signed by a counselor or some other person acting under the direction of the court and shall contain the name of the court, the title of the proceeding and, except for a published summons, a brief statement of the substance of the facts required by ORS 419C.255 (1)(b)

0.6K chars

ORS 419C.306 Effect of summons; to whom issued. (1) A summons issued under ORS 419C.300 shall require the person or persons who have physical custody of the youth to appear and bring the youth before the court at the time and place stated in the summons. The time for the hearing on the petition shall be fixed at a reasonable time, not less than 24 hours, after the issuance of the summons. If it appears to the court that the welfare of the youth or of the public requires that the youth immediately be taken into custody, the court may indorse an order on the summons as provided in ORS 419C.080 (2) directing the officer serving it to take the youth into custody

2.1K chars

ORS 419C.309 Service of summons or other process. Summonses or other process issuing from the juvenile court may be served without further indorsement in any county of the state by an officer of the county in which the proceeding is pending, by an officer of the county in which the person to be served is found or by any person authorized by the court to serve the process. Except as otherwise provided in this chapter, the provisions of law or the Oregon Rules of Civil Procedure applicable to summonses in civil cases apply to summonses issued from juvenile court. [1993 c.33 §205]

0.0K chars

ORS 419C.312 Alternate service. (1) If any parent or guardian required to be summoned as provided in ORS 419C.306 cannot be found within the state, a summons may be served on the parent or guardian in any of the following ways

0.5K chars

ORS 419C.315 Travel expenses of party summoned. The court may authorize payment of travel expenses of any party summoned. Except as provided in this section, responsibility for the payment of the cost of service of summons or other process on any party, and for payment of travel expenses so authorized, shall be borne by the party issuing the summons or requesting the court to issue the summons. When the Oregon Youth Authority issues the summons or requests the court to issue the summons, responsibility for such payment shall be borne by the county. When the court-appointed counsel for a youth, youth offender or young person issues the summons or requests the court to issue the summons, responsibility for the fees and costs associated with that summons shall be paid pursuant to ORS 135.055. [1993 c.33 §207; 2021 c.597 §17]

0.0K chars

ORS 419C.317 Compliance with summons. No person required to appear as provided in ORS 419C.306 shall without reasonable cause fail to appear or, where directed in the summons, to bring the youth before the court. [1993 c.33 §208]

0.0K chars

ORS 419C.320 When arrest warrant for summoned person authorized. If a summons issued under ORS 419C.300 cannot be served, if the person to whom the summons is directed fails to obey it or if it appears to the court that the summons will be ineffectual, the court may direct issuance of a warrant of arrest against the person summoned or against the youth. [1993 c.33 §209; 2023 c.9 §31]

0.0K chars

ORS 419C.323 Proceeding when summoned party not before court. (1) If the youth is before the court, the court has jurisdiction to proceed with the case notwithstanding the failure to serve summons upon any person required to be served by ORS 419C.306

0.5K chars

ORS 419C.340 Authority to waive youth to adult court. In the circumstances set forth in ORS 419C.349, 419C.352, 419C.364, 419C.367 and 419C.370, the court may waive the youth to the appropriate court handling criminal actions, or to municipal court. [1993 c.33 §211; 1993 c.546 §76]

0.0K chars

ORS 419C.343 Depositions. (1) After the commencement of any proceeding in which a motion to waive has been filed, a party may move the court for an order allowing the taking of a deposition to perpetuate the testimony of a witness who is

1.4K chars

ORS 419C.346 Juvenile court’s retention of authority over parent. If the juvenile court waives a youth to another court under ORS 419C.349 (1)(b) or 419C.370 for disposition as an adult, the juvenile court nevertheless may retain jurisdiction over the youth’s parents or guardians under ORS 419C.570. However, if the court enters an order of waiver under ORS 419C.349 (1)(a) or 419C.364, jurisdiction over the parents or guardians under ORS 419C.570 shall terminate. [1993 c.33 §212; 1993 c.546 §77; 2019 c.634 §16]

0.0K chars

ORS 419C.349 Grounds for waiving youth to adult court. (1) Except as otherwise provided in ORS 419C.364 or 419C.370, the juvenile court shall conduct a waiver hearing when

3.5K chars

ORS 419C.352 Grounds for waiving youth under 15 years of age. (1) The juvenile court, after a hearing, except as provided in ORS 419C.364 or 419C.370, may waive a youth under 15 years of age at the time the act was committed to circuit court for prosecution as an adult if

1.0K chars

ORS 419C.355 Written findings required. The juvenile court shall make a specific, detailed, written finding of fact to support the findings made under ORS 419C.349 (2). [1993 c.33 §215; 2019 c.634 §18]

0.0K chars

ORS 419C.358 Consolidation of nonwaivable and waivable charges. (1) Except as otherwise provided in subsection (2) of this section and ORS 137.707 (6), when a person is waived for prosecution as an adult, the person shall be waived only on the actual charges justifying the waiver under ORS 419C.349 or 419C.352, as the case may be

0.2K chars

ORS 419C.361 Disposition of nonwaivable consolidated charges and lesser included offenses. (1)(a) Notwithstanding that the juvenile court has waived the case under ORS 419C.349, 419C.352, 419C.364 or 419C.370, the court of waiver shall return the case to the juvenile court unless an accusatory instrument is filed in the court of waiver alleging, in the case of a person under 15 years of age, a crime listed in ORS 419C.352 or, in the case of any other person, a crime described in ORS 419C.349 (1)

1.3K chars

ORS 419C.364 Waiver of future cases. After the juvenile court has entered an order waiving a youth to an adult court under ORS 419C.349, the court may, if the youth is 16 years of age or older, enter a subsequent order providing that in all future cases involving the same youth, the youth shall be waived to the appropriate court without further proceedings under ORS 419C.349 and 419C.370. [1993 c.33 §218; 1993 c.546 §84]

0.0K chars

ORS 419C.367 Vacating order waiving future cases. The juvenile court may at any time direct that the subsequent order entered under ORS 419C.364 be vacated or that a pending case be waived to the juvenile court for further proceedings. The court may make such a direction on any case but shall do so and require a pending case to be waived to the juvenile court if it cannot support the finding required under ORS 419C.355. The juvenile court shall direct that the subsequent order entered under ORS 419C.364 shall be vacated when the youth is not convicted in the waived case that preceded the order under ORS 419C.364. [1993 c.33 §219; 1993 c.546 §85; 1995 c.79 §216]

0.0K chars

ORS 419C.370 Waiver of motor vehicle, boating, game, violation and property cases. (1) The juvenile court may enter an order directing that all cases involving

2.1K chars

ORS 419C.372 Handling of motor vehicle, boating or game cases not requiring waiver. If the youth’s conduct consists, or is alleged to consist, of a violation of a law or ordinance relating to the use or operation of a motor vehicle, boating laws or game laws and it appears to the court that the nature of the offense and the youth’s background are such that a proceeding as provided in this chapter is not warranted, the court may handle

0.2K chars

ORS 419C.374 Alternative conduct of proceedings involving traffic, boating and game cases. (1) A petition relating to boating or game offenses shall be filed as provided in ORS 419C.250, 419C.255 and 419C.258. Motor vehicle offenses are subject to ORS 809.412

1.3K chars

ORS 419C.378 Motion for finding that youth is unfit to proceed. (1) A court may find that a youth is unfit to proceed in a proceeding initiated by a petition alleging jurisdiction under ORS 419C.005 if, as a result of a qualifying mental disorder or another condition, the youth is unable

1.8K chars

ORS 419C.380 Evaluation; payment for evaluation. (1) An evaluation ordered under ORS 419C.378 must be conducted by a psychiatrist, a licensed psychologist or a regulated social worker. If an evaluation is requested, the party at whose request the evaluation was ordered shall notify the court and other parties of the date, time and location of the evaluation and the name of the evaluator chosen by the party. A party or the court may submit written information to the evaluator for consideration. When written information that has not been provided to the court or an opposing party is submitted to the evaluator, the party submitting the written information to the evaluator shall provide the written information to the court and the opposing party

1.6K chars

ORS 419C.382 Duties of Oregon Health Authority; rules. (1) The Oregon Health Authority shall

0.6K chars

ORS 419C.384 [2013 c.709 §4; repealed by 2017 c.558 §2]

0.0K chars

ORS 419C.386 Filing of report. (1)(a) If a party to a proceeding under ORS 419C.378 raises the issue of fitness to proceed, the party shall file the original report on the evaluation conducted under ORS 419C.380 with the clerk of the court and deliver copies of the report to all parties to the proceeding

2.1K chars

ORS 419C.388 Objection to report; hearing; findings. (1) Any party to a proceeding initiated by a petition alleging jurisdiction under ORS 419C.005 may file written objection to an evaluation report filed under ORS 419C.386 within 14 days after the report is received by the party. The objection must state whether the party seeks another evaluation. If a party files an objection, the court shall hold a hearing within 21 days after the objection is filed with the court

0.6K chars

ORS 419C.390 Order. (1) If a written objection is not filed under ORS 419C.388 and the court adopts the evaluator’s opinion regarding the youth’s fitness to proceed, the court shall issue a written order within 24 days after the report is filed with the court. The order must set forth the findings on the youth’s fitness to proceed

0.3K chars

ORS 419C.392 Effect of findings. (1) If the court finds that the youth is fit to proceed, the court shall vacate the stay under ORS 419C.378

1.3K chars

ORS 419C.394 Program to provide restorative services. (1) The Oregon Health Authority shall administer a program to provide restorative services under ORS 419C.396 to youths who

0.4K chars

ORS 419C.396 Provision of restorative services; report; review hearing. (1) The Oregon Health Authority shall arrange for the provision of or begin providing restorative services within 30 days after receiving a court order under ORS 419C.392 (3). The authority shall send a report to the court, with copies to the parties to the proceeding initiated by a petition alleging jurisdiction under ORS 419C.005, no later than 90 days after receipt of the order. The report must describe the nature and duration of restorative services provided, indicate whether the youth is fit to proceed or presents a substantial probability of gaining or regaining fitness to proceed and recommend whether restorative services should be continued and, if so, the type and duration of the services

3.1K chars

ORS 419C.398 Removal of youth from placement for purpose of receiving restorative services. (1) A youth may not be removed from the youth’s current placement solely for the purpose of receiving restorative services pursuant to a court order under ORS 419C.392 unless the court finds

1.0K chars

ORS 419C.400 Conduct of hearings. (1) The hearing shall be held by the court without a jury and may be continued from time to time

0.8K chars