Title 34, Human Services; Juvenile Code; Corrections

(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 an…

(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…

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 th…

(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…

(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. (b) A juvenile proceeding descri…

(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: (a) The youth’s right to court-appointed counsel at state expense; (b) The right of the parents or…

(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 acce…

(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 screene…

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,…

(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: (a) The proceeding was initiated in a court of a county other than the county where the youth resides; …

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 eith…

(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 understandi…

(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 inter…

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 res…

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 a…

(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: (a) When, if the youth were an adult, the youth could be arrested without a warrant; or (b) When the …

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 en…

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]

(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. (2) A peace …

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 …

(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 pe…

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: (1) When the court has issued a warrant of arrest against the …

(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 pers…

(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: (a) The youth’s name…

(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 me…

(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 cou…

(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: (a) A youth or adjudicated youth may be detained in a police station for up to five hours when necessary to obtain the y…

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, …

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…

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…

(1) Whenever a hearing concerning the detention of a youth under this chapter is held, notice of the hearing shall be given to: (a) The youth; (b) If any can be found, to a parent or guardian of the youth or to any other person responsible for the youth; and (c) If the victim req…

(1) A youth may be held or placed in detention before adjudication on the merits if one or more of the following circumstances exists: (a) The youth is a fugitive from another jurisdiction; (b) The youth is alleged to be within the jurisdiction of the court under ORS 419C.005, by…

(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 i…

(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 w…

(1) As used in this section: (a) “Home state” means any other state, territory or outlying possession of the United States where an out-of-state runaway’s parent, legal guardian or custodial agency is located. (b) “Out-of-state runaway” means a person who is younger than the juve…

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…

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]

(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 su…

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 condi…

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] COURT-APPOINTED COUNSEL

(1)(a) When a petition is filed under ORS 419C.005, the court: (A) Shall appoint counsel to represent the youth at all stages of the proceeding if the offense alleged in the petition is classified as a crime. (B) Shall appoint counsel for the youth at any proceeding concerning an…

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; 202…

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] EDUCATIONAL 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: (a) The court finds that the youth…

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 th…

(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. (2) An authorized diversion pro…

(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: (a) Describes the types o…

(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 m…

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]

(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 yo…