Title 34, Human Services; Juvenile Code; Corrections

(1) The juvenile court may not place an adjudicated youth in a detention facility under ORS 419C.453 unless the facility: (a) Houses adjudicated youths in a room or ward screened from the sight and sound of adults who may be detained in the facility; and (b) Is staffed by juvenil…

Subject to the availability of funds, the Judicial Department shall establish local citizen review boards. There shall be at least one local citizen review board in each county with a population of 5,000 or more, except that for two or more contiguous counties, each with a popula…

(1) Each local citizen review board shall be composed of at least three and not more than seven members appointed by the Chief Justice of the Supreme Court of the State of Oregon. If more than five members are appointed to a local citizen review board, the additional members serv…

Local citizen review boards shall be added when the number of cases requiring review by existing boards exceeds a number per month established by rule under ORS 419A.096, as the maximum number that may be reviewed by a single board. [1993 c.33 §20]

(1) Subject to the availability of funds, the Judicial Department, in accordance with the direction of the Supreme Court of the State of Oregon, shall: (a) Establish and approve policies and procedures for the operation of local citizen review boards; (b) Approve and cause to hav…

The Chief Justice, in consultation with the Supreme Court, shall adopt rules under ORS 1.002 that may include any procedures for the administration of the local citizen review board program regarding: (1) Removal of members of local citizen review boards; (2) The time, content an…

(1) Before beginning to serve on a local citizen review board, each member shall swear or affirm to the court that the member shall keep confidential the information reviewed by the board and its actions and recommendations in individual cases. (2) The members and staff of a loca…

(1) Notwithstanding the provisions of ORS 40.225 to 40.275, 412.074, 419B.035, 419B.045, 419B.440, 419B.443, 419B.446, 419B.449, 419B.452 and 419B.460, each local citizen review board shall have access to: (a) Any records of the court which are pertinent to the case; and (b) Any …

Within seven working days after the first of each month, the Department of Human Services shall send to the citizen review board state administrative office the federally required report listing all children and wards in substitute care. The report must include the dates of place…

(1) Except for cases removed from review under procedures established under ORS 419A.098, the local citizen review board shall review the case of each child and ward in substitute care which is assigned by the court. The following provisions apply: (a) The review shall take place…

(1) Subject to the availability of funds, a local citizen review board shall review cases of adjudicated youths in the custody of the Oregon Youth Authority and placed in substitute care. The local citizen review board shall focus on public safety, adjudicated youth accountabilit…

Whenever a member of a local citizen review board has a potential conflict of interest in a case being reviewed, the member shall declare to the local citizen review board the nature of the potential conflict prior to participating in the case review. The following apply as descr…

(1) Subject to the availability of funds and upon request of a court under ORS 419B.367, a local citizen review board shall review the case of a ward for whom a guardian has been appointed under ORS 419B.365 or 419B.366. In the request for review, the court shall notify the local…

Anyone participating in a case review by a local citizen review board shall have: (1) Immunity from any liability, civil or criminal, for defamation for statements made in good faith by the participant, orally or in writing, in the course of such case review. (2) The same immunit…

(1) The local citizen review board may disclose records disclosed to the local board under ORS 419A.102 to: (a) Parents and their attorneys; (b) Foster parents; (c) Mature children; (d) Mature wards; (e) The attorneys for children and wards; and (f) Other persons authorized by th…

(1) Unless excused from doing so by the local citizen review board, the Department of Human Services and any other agency directly responsible for the care and placement of the child or ward shall require the presence of any employees having knowledge of the case at local board m…

(1) After reviewing each case, the local citizen review board shall make written findings and recommendations with respect to: (a) Whether reasonable efforts were made prior to the placement, to prevent or eliminate the need for removal of the child or ward from the home; (b) If …

The local citizen review board shall keep accurate records and retain these records on file. The local citizen review board shall send copies of its written findings and recommendations to the following: (1) The court; (2) The Department of Human Services; and (3) Other participa…

Upon receipt of findings and recommendations from the local citizen review board, the court shall: (1) Review the findings and recommendations of the local citizen review board within 10 days after the findings and recommendations are received by the court. If the court finds it …

Upon receipt of findings and recommendations from the local citizen review board, the Department of Human Services shall: (1) Review the findings and recommendations of the local citizen review board within 10 days after the findings and recommendations are received by the depart…

In addition to reviewing individual cases of children and wards in substitute care, local citizen review boards may make recommendations to the court and the Department of Human Services concerning substitute care services, policies, procedures and laws. [1993 c.33 §36; 2003 c.39…

(1) There is created a State Citizen Review Board Operating Account in the General Fund which is continuously appropriated to the State Court Administrator to pay the expenses incurred under ORS 419A.090 to 419A.128, 419B.470, 419B.473 and 419B.476. Such expenses shall be paid on…

(1) The judge of the juvenile court may appoint one or more persons as referee of the juvenile court. A referee shall be appointed in every county in which there is no resident juvenile court judge. A person appointed referee must be qualified by training and experience in the ha…

In case of failure to comply with any order of the juvenile court, the court may proceed for contempt of court against the person failing to comply. [1993 c.33 §45] FORMER JEOPARDY

Except as provided in ORS 153.108 (1), proceedings in adult criminal court and other juvenile court adjudicatory proceedings based on an act alleged in a petition or citation to have been committed by a child, ward, youth or adjudicated youth or allegations arising out of the sam…

(1) Except as provided in ORS 419A.190, any person or entity, including, but not limited to, a party to a juvenile court proceeding under ORS 419B.875 (1) or 419C.285 (1), whose rights or duties are adversely affected by a judgment of the juvenile court may appeal therefrom. An a…

(1) For the purpose of being appealed, the following are judgments: (a) A judgment finding a child or youth to be within the jurisdiction of the court; (b) A judgment disposing of a petition including, but not limited to, a disposition under ORS 419B.325 or 419C.411; (c) Any fina…

(1) In addition to the state’s right to appeal under ORS 419A.200, the state may appeal from any of the following orders of a judge or referee: (a) An order made prior to an adjudicatory hearing dismissing or setting aside a delinquency petition; (b) An order that sets aside a pe…

(1) Upon joint motion of the parties to an appeal from a judgment or order of the juvenile court, the court may vacate the judgment or order from which the appeal was taken and remand the matter to the juvenile court to reconsider the judgment or order, or any order entered by th…

(1) If the child, ward, youth, adjudicated youth, parent or guardian is determined to be entitled to, and, except as provided in subsection (4) of this section, financially eligible for, appointment of counsel at state expense in an appeal as provided in ORS 419A.200 and 419A.208…

During any juvenile court proceeding under this chapter and ORS chapters 419B and 419C regarding a youth, adjudicated youth or young person: (1)(a) Instruments of physical restraint, such as handcuffs, chains, irons, straitjackets, cloth restraints, leather restraints, plastic re…

(1) During the transportation of a youth, adjudicated youth, young person, ward or child by the Department of Human Services, the Oregon Health Authority or an agent of the department or authority: (a) Instruments of physical restraint, such as handcuffs, chains, irons, straitjac…

(1) A child, ward, youth or adjudicated youth may be photographed or fingerprinted by a law enforcement agency: (a) Pursuant to a search warrant; (b) According to laws concerning adults if the youth has been transferred to criminal court for prosecution; (c) Upon consent of both …

As used in this section and ORS 419A.253, 419A.255 and 419A.256: (1) “Person” means an individual, a public body as defined in ORS 174.109 or a tribe that is a party to a juvenile court proceeding pursuant to ORS 419B.875. (2) “Prospective appellate attorney” means an attorney de…

(1) When, for the purpose of a hearing or proceeding that will result in the entry of an order or judgment, the juvenile court intends to rely upon information in any report, material or document, including information in the supplemental confidential file, and no party has offer…

(1)(a) The clerk of the court shall maintain a record of each case and a supplemental confidential file for each case, except as otherwise provided in ORS 7.120. (b) The record of the case shall be withheld from public inspection but is open to inspection by the following: (A) Th…

(1)(a) Once prepared and filed with the court, a transcript of a juvenile court proceeding is part of the record of the case maintained by the clerk of the court under ORS 419A.255 (1) and is subject to the provisions of ORS 419A.255 governing access and disclosure. (b) Notwithst…

(1) Reports and other materials relating to a child, ward, youth or adjudicated youth’s history and prognosis that are created or maintained by or on behalf of the Oregon Youth Authority or the juvenile department are privileged and, except with the consent of the child, ward, yo…

(1) Any person or entity not included in ORS 419A.255 as a person or entity entitled to inspection or copying of the record of the case or the supplemental confidential file may file a motion with the court to inspect or copy the record of the case or the supplemental confidentia…

(1) As used in ORS 419A.260 to 419A.271: (a) “Contact” means any instance in which a person’s act or behavior, or alleged act or behavior, which could result in a referral to a juvenile department or a juvenile court’s assumption of jurisdiction under ORS 419B.100 (1)(a) to (c) a…

(1)(a) An expunction proceeding under subsection (2) of this section shall be commenced in the county where the subject person had the most recent contact. (b) An expunction proceeding under subsection (3) or (4) of this section shall be commenced in the county where the subject …

(1) An expunction proceeding under this section shall be commenced in the county where the subject person had the most recent adjudication or, if the subject person did not have an adjudication, where the subject person had the most recent contact. (2) Except as provided in ORS 4…

Notwithstanding ORS 419A.262 (2)(a), a person is eligible for an order of expunction under ORS 419A.262 if the person was adjudicated for committing an act that, if committed by an adult, would constitute a criminal offense in which possession, delivery or manufacture of marijuan…

(1) Applications for expunction under ORS 419A.261 and 419A.262 shall be available from the clerk of the court in a form prescribed by the State Court Administrator. The application must include a declaration under penalty of perjury as described in ORCP 1 E. (2) The State Court …

(1) A juvenile department in the county where the subject person had the most recent contact shall issue a notice of expunction of a subject person’s records if the subject person: (a) Has had contact with the juvenile department; (b) Has never been the subject of a petition alle…

(1) Upon issuance of a notice of expunction under ORS 419A.267 or entry of an expunction judgment under ORS 419A.261 or 419A.262, the contact that is the subject of the expunged record may not be disclosed by any agency. An agency that is subject to a notice of expunction or an e…

(1) At the request of a person who is the subject of a record, the juvenile court shall appoint counsel for the person in accordance with the provisions of ORS 419B.195, 419B.198, 419C.200, 419C.206 or 419C.457 to aid the person in an expunction proceeding under ORS 419A.260 to 4…

(1) The Juvenile Justice Policy Commission is established within the Oregon Criminal Justice Commission to provide data-driven policy recommendations to strengthen public safety and improve youth outcomes in the juvenile justice system of this state. (2) The Juvenile Justice Poli…

(1) The Governor shall select one of the voting members of the Juvenile Justice Policy Commission as a chairperson who shall serve at the pleasure of the Governor. The term of the chairperson is one year. A person may be reappointed as chairperson for no more than two consecutive…

(1) The Juvenile Justice Policy Commission shall analyze the juvenile justice system at the state and local levels and across branches of government in this state to provide recommendations for improvements in law, policy, practice and appropriation to improve public safety, yout…