Title 34, Human Services; Juvenile Code; Corrections

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.…

(1) A formal accountability agreement shall: (a) Be completed within a period of time not to exceed one year; (b) Be voluntarily entered into by all parties; (c) Be revocable by the youth at any time by a written revocation; (d) Be revocable by the juvenile department in the even…

(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. (2) If the juven…

(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 agr…

(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. (2) At any time af…

(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: (a) The name, age and residence of the youth. (b) The facts which bring the youth within the jurisdiction of the court as provided in O…

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 co…

(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…

In all proceedings brought under ORS 419C.005, the following rules of criminal procedure apply: (1) ORS 133.402, 133.673, 133.693 and 133.703; (2) ORS 135.455, 135.465 and 135.470; (3) ORS 135.610, 135.630 (3) to (6), 135.640 and 135.670; (4) ORS 135.711, 135.713, 135.715, 135.71…

(1) As used in this section: (a) “Critical stage of the proceeding” means a hearing that: (A) Affects the legal interests of the youth or adjudicated youth; (B) Is held in open court; and (C) Is conducted in the presence of the youth or adjudicated youth. (b) “Critical stage of t…

(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 hear…

(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. (b) The court shall order the attorney, or…

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: (1) Cases involving violations of motor vehicle laws or ordinances whe…

(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: (a) The p…

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]

(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 th…

(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 t…

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 a…

(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: (a) If the address of the parent or guardian is known, by sending the parent or guar…

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 pa…

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]

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 …

(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. (2) Notwithstanding subsection (1) of this section, if it appears to the court that a pare…

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]

(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: (a) Outside of the jurisdiction of, or otherwise not subject to the…

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 waiv…

(1) Except as otherwise provided in ORS 419C.364 or 419C.370, the juvenile court shall conduct a waiver hearing when: (a) The state files a motion requesting a waiver hearing in a case in which a petition has been filed alleging that a youth has committed an act when the youth wa…

(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: (a) The youth is represented by counsel during the waiver proceeding…

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]

(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. (2) Any non…

(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…

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 appr…

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 …

(1) The juvenile court may enter an order directing that all cases involving: (a) Violation of a law or ordinance relating to the use or operation of a motor vehicle, boating laws or game laws be waived to criminal or municipal court; (b) An offense classified as a violation unde…

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 pro…

(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. (2) Summons as provided in ORS 419C.300 shall be issued to the parent or other person having physical custody …

(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: (a) To understand the nature of the proceedings agains…

(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 …

(1) The Oregon Health Authority shall: (a) Develop training standards for psychiatrists, licensed psychologists and regulated social workers conducting evaluations under ORS 419C.380; (b) Develop guidelines for the conduct of evaluations; and (c) Provide courts with a current lis…

(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. (b) …

(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 an…

(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 o…

(1) If the court finds that the youth is fit to proceed, the court shall vacate the stay under ORS 419C.378. (2) If the court finds that the youth is unfit to proceed and that there is not a substantial probability that the youth will gain or regain fitness to proceed in the fore…

(1) The Oregon Health Authority shall administer a program to provide restorative services under ORS 419C.396 to youths who: (a) Are determined unfit to proceed as described in ORS 419C.378; and (b) Present a substantial probability of gaining or regaining fitness to proceed in t…

(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 b…

(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: (a) That removal is necessary to provide restorative services under ORS 419C.396; (b) Th…

(1) The hearing shall be held by the court without a jury and may be continued from time to time. (2) The facts alleged in the petition showing the youth to be within the jurisdiction of the court as provided in ORS 419C.005, unless admitted, must be established beyond a reasonab…

(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 1…

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 s…

(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. (2) The court shall find a youth responsible except for insanity if: (a)…