reglab/housing_qa huggingface dataset:
OR Rev Stat § 419C.323 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 419C - Juvenile Code: Delinquency|Section 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. (2) Notwithstanding subsection (1) of this section, if it appears to the court that a parent or guardian required to be served by ORS 419C.306 was not served as provided in ORS 419C.309, 419C.312 and 419C.315, or was served on such short notice that the parent or guardian did not have a reasonable opportunity to appear at the time fixed, the court shall, upon petition by the parent or guardian, reopen the case for full consideration. [1993 c.33 §210; 2021 c.597 §74]
OR Rev Stat § 419C.340 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 419C - Juvenile Code: Delinquency|Section 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]
OR Rev Stat § 419C.343 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 419C - Juvenile Code: Delinquency|Section 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: (a) Outside of the jurisdiction of, or otherwise not subject to the process of, the court; or (b) Unable to attend because of age, sickness, infirmity, imprisonment or undue hardship. (2) The affidavit in support of the motion to take a deposition to perpetuate testimony, in addition to setting forth the reasons described in subsection (1)(a) and (b) of this section, shall also set forth: (a) The reasons why the testimony of the witness sought to be deposed cannot be taken by telephone at the time of the hearing; (b) Where the deposition is to be taken; (c) The manner of recording the deposition; and (d) A brief statement of the substance of the testimony that the witness is expected to give. (3) If the court finds that taking a deposition will best promote the just, speedy and inexpensive resolution of one or more issues in the proceeding or that taking a deposition is necessary to meet the requirements of due process, the court shall grant the motion. (4) If the motion is granted, the court may, in its discretion, set conditions regarding the time, place and method of taking the deposition. (5) All objections to any testimony or evidence taken at the deposition shall be made at the time and noted upon the record. The court before which the testimony is offered shall rule on any objections before the testimony is offered. Any objection not made at the deposition is waived. [1993 c.546 §81]
OR Rev Stat § 419C.346 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 419C - Juvenile Code: Delinquency|Section 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]
OR Rev Stat § 419C.352 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 419C - Juvenile Code: Delinquency|Section 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: (a) The youth is represented by counsel during the waiver proceedings; (b) The juvenile court makes the findings required under ORS 419C.349 (2); and (c) The youth is alleged to have committed an act or acts that if committed by an adult would constitute one or more of the following crimes: (A) Murder or any aggravated form thereof under ORS 163.095, 163.107 or 163.115; (B) Rape in the first degree under ORS 163.375 (1)(a); (C) Sodomy in the first degree under ORS 163.405 (1)(a); or (D) Unlawful sexual penetration in the first degree under ORS 163.411 (1)(a). (2) Notwithstanding ORS 419A.255, the district attorney may provide to the victim, at the request of the victim and pursuant to a protective order, a copy of the court’s written waiver findings and determination, if any, regardless of whether the victim appeared at the hearing or presented information to the court. [1993 c.33 §214; 1993 c.546 §79; 1995 c.422 §78; 2019 c.634 §17; 2019 c.635 §24; 2021 c.474 §8]
OR Rev Stat § 419C.355 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 419C - Juvenile Code: Delinquency|Section 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]
OR Rev Stat § 419C.358 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 419C - Juvenile Code: Delinquency|Section 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. (2) Any nonwaivable charges arising out of the same act or transaction as the waivable charge shall be consolidated with the waivable charge. [1993 c.33 §216; 1993 c.546 §82; 2019 c.634 §19]
OR Rev Stat § 419C.361 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 419C - Juvenile Code: Delinquency|Section 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). (b) When a trial has been held in the court of waiver upon an accusatory instrument alleging a crime listed in ORS 419C.349 (1)(b) or 419C.352, as the case may be, and the person is found guilty of any lesser included offense that is not itself a waivable offense, the trial court shall not sentence the defendant therein, but the trial court shall order a presentence report to be made in the case, shall set forth in a memorandum such observations as the court may make regarding the case and shall then return the case to the juvenile court in order that the juvenile court make disposition in the case based upon the guilty finding in the court of waiver. Disposition shall be as if the juvenile court itself had found the youth to be in its jurisdiction pursuant to ORS 419C.005. The records and consequences of the case shall, in all respects, be as if the juvenile court itself had found the youth to be in its jurisdiction pursuant to ORS 419C.005. When the person is found guilty of a nonwaivable charge that was consolidated with a waivable charge under ORS 419C.358, the case shall be returned to the juvenile court for disposition as provided in this subsection for lesser included offenses. (2) Nothing in this section or ORS 419C.358 applies to a waiver under ORS 419C.364 or 419C.370. [1993 c.33 §217; 1993 c.546 §83; 2019 c.634 §20]
OR Rev Stat § 419C.364 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 419C - Juvenile Code: Delinquency|Section 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]
OR Rev Stat § 419C.367 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 419C - Juvenile Code: Delinquency|Section 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]
OR Rev Stat § 419C.370 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 419C - Juvenile Code: Delinquency|Section 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: (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 other than a Class E violation under the laws of this state or a political subdivision of this state be waived to municipal court if the municipal court has agreed to accept jurisdiction; and (c) A misdemeanor that entails theft, destruction, tampering with or vandalism of property be waived to municipal court if the municipal court has agreed to accept jurisdiction. (2) Cases waived under subsection (1) of this section are subject to the following: (a) That the criminal or municipal court prior to hearing a case, other than a case involving a parking violation, in which the defendant is or appears to be under 18 years of age notify the juvenile court of that fact; and (b) That the juvenile court may direct that any such case be waived to the juvenile court for further proceedings. (3)(a) When a person who has been waived under subsection (1)(c) of this section is convicted of a property offense, the municipal court may impose any sanction authorized for the offense except for incarceration. The municipal court shall notify the juvenile court of the disposition of the case. (b) When a person has been waived under subsection (1) of this section and fails to appear as summoned or is placed on probation and is alleged to have violated a condition of the probation, the juvenile court may recall the case to the juvenile court for further proceedings. When a person has been returned to juvenile court under this paragraph, the juvenile court may proceed as though the person had failed to appear as summoned to the juvenile court or had violated a juvenile court probation order under ORS 419C.446. (4) Records of cases waived under subsection (1)(c) of this section are juvenile records for purposes of expunction under ORS 419A.260 to 419A.271. [1993 c.33 §220; 1993 c.546 §86; 1995 c.481 §1; 1999 c.158 §1; 1999 c.615 §1; 2003 c.396 §104; 2021 c.585 §9; 2021 c.591 §25]
OR Rev Stat § 419C.372 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 419C - Juvenile Code: Delinquency|Section 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: (1) Cases involving boating laws or game laws as provided in ORS 419C.374. (2) Cases involving the use or operation of a motor vehicle as provided under ORS 809.412. [1993 c.33 §221; 1993 c.546 §95]
OR Rev Stat § 419C.374 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 419C - Juvenile Code: Delinquency|Section 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. (2) Summons as provided in ORS 419C.300 shall be issued to the parent or other person having physical custody of the youth, requiring the parent or other person to appear with the youth before the court at the time and place stated in the summons. (3) The summons may be served as provided in ORS 419C.309, 419C.312 and 419C.315 or by mailing a copy thereof to the parent or other person having physical custody of the youth. If the summons is served personally, a warrant may be issued as provided in ORS 419C.320. (4) A hearing shall be held as provided in ORS 419C.142, 419C.280 and 419C.400. At the termination of the hearing, if the court finds the matters alleged in the petition to be true, it may enter an order finding the youth to be a: (a) Youth motor vehicle offender and dispose of the case as provided in ORS 809.412; or (b) Youth boating law offender or a game law offender and may dispose of the case as provided in subsection (5) of this section. (5) In a proceeding under this chapter, the juvenile court may suspend a hunting or fishing license or permit where a game violation is involved and may make such other recommendations where a boating violation is involved. [1993 c.33 §222; 1995 c.422 §79]
OR Rev Stat § 419C.378 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 419C - Juvenile Code: Delinquency|Section 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: (a) To understand the nature of the proceedings against the youth; (b) To assist and cooperate with the counsel for the youth; or (c) To participate in the defense of the youth. (2) A court may not find that a youth is unfit to proceed in a proceeding solely because: (a) Of the age of the youth; (b) Of the current inability of the youth to remember the acts alleged in the petition; or (c) Evidence exists that the youth committed the acts alleged in the petition while the youth was under the influence of intoxicants or medication. (3) The issue of fitness to proceed must be raised by written motion filed by a party to the proceeding or by the court on its own motion. The motion may be made at any time after the filing of the petition. The court shall stay the proceedings on the petition after the motion is made and may order the youth to participate in an evaluation under ORS 419C.380 to determine the youth’s fitness to proceed if the court determines that: (a) There is reason to doubt the youth’s fitness to proceed; and (b) There is probable cause to believe that the factual allegations contained in the petition are true. (4) The fact that the youth is unfit to proceed does not preclude any objection through counsel and without the personal participation of the youth on the grounds that the petition is insufficient, that the statute of limitations has run, that double jeopardy principles apply or upon any other ground at the discretion of the court that the court deems susceptible of fair determination prior to trial. [2013 c.709 §1; 2017 c.634 §19] Note: 419C.378 to 419C.398 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 419C or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 419C.380 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 419C - Juvenile Code: Delinquency|Section 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. (2)(a) A county court or justice court shall order the county to pay the fees and costs described in subsection (3) of this section from funds available for that purpose. (b) A circuit court shall order the public defense services executive director to pay the fees and costs described in subsection (3) of this section from funds available for that purpose. (3) Pursuant to subsection (2) of this section, the county or the public defense services executive director shall pay: (a) A reasonable fee to a psychiatrist, licensed psychologist or regulated social worker in private practice who conducts the evaluation; and (b) All costs, including transportation of the youth, if the evaluation is conducted by a psychiatrist, licensed psychologist or regulated social worker employed by the Department of Human Services or is conducted by a community mental health program or community developmental disabilities program established under ORS 430.610 to 430.695. (4) If an evaluation is ordered under ORS 419C.378, the county shall pay for the expense of the evaluation. (5) After a motion is made by the court or the youth under ORS 419C.378 (3), the state shall have the right to seek an independent evaluation at its own expense. (6) A youth may not be removed from the youth’s current placement for the purpose of an evaluation performed under this section unless the youth has been placed in a detention facility as defined in ORS 419A.004 or a youth correction facility as defined in ORS 420.005. [2013 c.709 §2; 2017 c.558 §1; 2021 c.597 §18] Note: See note under 419C.378.
OR Rev Stat § 419C.382 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 419C - Juvenile Code: Delinquency|Section 419C.382 - Duties of Oregon Health Authority; rules.

(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 list of qualified evaluators from which an evaluator may be selected. Neither the parties nor the court is required to choose an evaluator from the list provided by the authority, provided that the evaluator chosen is otherwise qualified. (2) The authority shall adopt rules necessary to implement this section. [2013 c.709 §3] Note: See note under 419C.378.
OR Rev Stat § 419C.386 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 419C - Juvenile Code: Delinquency|Section 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. (b) If the court raises the issue of fitness to proceed under ORS 419C.378, the person conducting the evaluation under ORS 419C.380 shall file with the clerk of the court the original report on the evaluation and two copies of the report. The clerk of the court shall deliver the copies to the district attorney and to counsel for the youth. (c) The report must be filed with the clerk of the court within 30 days after the order for evaluation is issued, unless the deadline is extended by written court order for good cause. An extension under this paragraph may not exceed 30 days. (2) A report filed under this section must include: (a) A description of the evaluation; (b) A list of information that the evaluator reviewed as part of the evaluation; (c) The evaluator’s opinion as to whether the youth is unfit to proceed as described in ORS 419C.378, including the evaluator’s opinion as to whether the youth suffers from a qualifying mental disorder or another condition; and (d) If the evaluator is of the opinion that the youth is unfit to proceed, the evaluator’s opinion regarding whether there is a substantial probability that the youth will gain or regain fitness to proceed and, if there is a substantial probability that the youth will gain or regain fitness to proceed, the specific restorative services under ORS 419C.396 that are needed and the anticipated duration of those services. (3) A report filed under this section may not include statements made by the youth about the acts alleged in the petition alleging jurisdiction under ORS 419C.005. (4) Statements made to an evaluator by a youth during an evaluation, or made to persons involved in the evaluation, about the acts alleged in the petition are not admissible against the youth in any proceeding relating to the petition. (5) Notwithstanding ORS 419A.255, the clerk of the court shall provide the Oregon Health Authority with copies of the petition and the report on the evaluation upon request of the authority. [2013 c.709 §5; 2017 c.634 §20] Note: See note under 419C.378.
OR Rev Stat § 419C.388 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 419C - Juvenile Code: Delinquency|Section 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. (2) If a written objection is not filed under this section, and the court does not adopt the evaluator’s opinion regarding the youth’s fitness to proceed, the court shall hold a hearing within 21 days after the report is filed with the court. The court may postpone the hearing for good cause shown. (3) The court shall decide whether a youth is unfit to proceed by a preponderance of the competent evidence introduced at a hearing under this section. The order must set forth findings on the youth’s fitness to proceed. [2013 c.709 §6] Note: See note under 419C.378.
OR Rev Stat § 419C.390 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 419C - Juvenile Code: Delinquency|Section 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. (2) If a hearing is held under ORS 419C.388, the court shall make a decision and issue a written order within 10 days after the hearing. The order must set forth the findings on the youth’s fitness to proceed. [2013 c.709 §7] Note: See note under 419C.378.