reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.273 - Right of victim to be present at proceedings; advice of rights; notice.

(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 the proceeding" includes, but is not limited to:
(A) Detention and shelter hearings;
(B) Hearings to review placements;
(C) Hearings to set or change conditions of release;
(D) Hearings to transfer proceedings or to transfer parts of proceedings;
(E) Waiver hearings;
(F) Adjudication and plea hearings;
(G) Dispositional hearings, including but not limited to restitution hearings;
(H) Review or dispositional review hearings;
(I) Hearings on motions to amend, dismiss or set aside petitions, orders or judgments;
(J) Probation violation hearings, including probation revocation hearings, when the basis for the alleged violation directly implicates a victim’s rights;
(K) Hearings for relief from the duty to report under ORS 163A.130; and
(L) Expunction hearings.
(2)(a) The victim of any act alleged in a petition filed under this chapter may be present at and, upon request, must be informed in advance of critical stages of the proceedings held in open court when the youth or adjudicated youth will be present.
(b) The victim must be informed of any constitutional rights of the victim. Except as provided in ORS 147.417, the district attorney or juvenile department must ensure that victims are informed of their constitutional rights.
(c) The district attorney or the juvenile department shall notify the victim at or before the time of adjudication of an act that, if committed by an adult, would constitute a violation or misdemeanor of the expunction process under ORS 419A.261.
(3)(a) The victim has the right, upon request, to be notified in advance of or to be heard at:
(A) A detention or shelter hearing;
(B) A hearing to review the placement of the youth or adjudicated youth; or
(C) A dispositional hearing.
(b) For a release hearing, the victim has the right:
(A) Upon request, to be notified in advance of the hearing;
(B) To appear personally at the hearing; and
(C) If present, to reasonably express any views relevant to the issues before the court.
(4) If the victim is not present at a critical stage of the proceeding, the court shall ask the district attorney or juvenile department whether the victim requested to be notified of critical stages of the proceedings. If the victim requested to be notified, the court shall ask the district attorney or juvenile department whether the victim was notified of the date, time and place of the hearing.
(5) Nothing in this section creates a cause of action for compensation or damages. This section may not be used to invalidate an accusatory instrument or adjudication or otherwise terminate any proceeding at any point after the case is commenced or on appeal. [2007 c.609 §2; 2009 c.178 §26; 2021 c.489 §65; 2023 c.182 §9]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 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.
(2) Prior to a waiver hearing under ORS 419C.349 (1)(a) or a hearing conducted pursuant to ORS 420A.203, notice of the hearing shall be provided to the victim of the offense by the district attorney’s victim assistance program in accordance with the model policies described in subsection (1) of this section, and in a manner that informs the victim of the victim’s rights. The district attorney’s victim assistance program shall also provide to the victim accompaniment to court hearings and referrals to community-based victim services that are, where available, culturally specific. [2019 c.634 §30]
Note:
419C.274 was enacted into law by the Legislative Assembly but was 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.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 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:
(1) Cases involving violations of motor vehicle laws or ordinances where none of the cases involves death or serious injury to persons.
(2) Cases arising in whole or in part out of a single transaction or series of related transactions. [1993 c.33 §201]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 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:
(a) The parents or guardian of the youth;
(b) A court appointed special advocate, if appointed;
(c) The Oregon Youth Authority or other child care agency, if the youth is temporarily committed to the agency; and
(d) An intervenor who petitions or files a motion on the basis of a child-parent relationship under ORS 109.119.
(2) The rights of the parties include, but are not limited to:
(a) The right to notice of the proceeding and copies of the pleadings;
(b) The right to appear with counsel and to have counsel appointed if otherwise provided by law;
(c) The right to call witnesses, cross-examine witnesses and participate in hearings;
(d) The right to appeal;
(e) The right to request a hearing; and
(f) The right to notice of any proceeding before the Psychiatric Security Review Board.
(3)(a) Persons who are not parties under subsection (1) of this section may petition the court for rights of limited participation. The petition must be filed and served on all parties no later than two weeks before a proceeding in the case in which participation is sought. The petition must state:
(A) The reason the participation is sought;
(B) How the person’s involvement is in the best interest of the youth or the administration of justice;
(C) Why the parties cannot adequately present the case; and
(D) What specific relief is being sought.
(b) If the court finds that the petition is well founded, the court may grant rights of limited participation as specified by the court.
(c) Persons petitioning for rights of limited participation are not entitled to appointed counsel.
(4) In all delinquency proceedings, interpreters shall be appointed in the manner specified by ORS 45.275 and 45.285 for the parties to the proceeding, the victim, witnesses, any person granted rights of limited participation, and any parent or guardian of the youth without regard to whether the parent or guardian is a party to the proceeding. [1993 c.546 §73; 1997 c.873 §22; 2001 c.214 §2; 2001 c.962 §85; 2003 c.396 §§102,103; 2005 c.843 §8; 2015 c.155 §6]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 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]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 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).
(2) The summons shall also include a notice that:
(a) Neither the youth or the parent or guardian of the estate is responsible for any administrative fees in connection with a delinquency proceeding, including but not limited to fees for court-appointed counsel, applications for expunction of records, juvenile sex offender reporting, electronic payments or checks that are returned for insufficient funds; and
(b) The youth may be required to pay, at some future date, restitution that the court is required to consider imposing under ORS 419C.450. [1993 c.33 §203; 1993 c.546 §94; 2021 c.597 §16]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 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)(a) Summons shall be issued to the legal parents of the youth, without regard to who has legal or physical custody of the youth, and to the legal guardians, if any, of the youth.
(b) Parents or guardians summoned pursuant to paragraph (a) of this subsection shall appear personally pursuant to the summons. Following the initial appearance, parents or guardians shall appear as directed by the court.
(c) An employer may not discharge, threaten to discharge, intimidate or coerce any employee by reason of the employee’s attendance at a juvenile court hearing as required under paragraph (a) of this subsection.
(d) This subsection may not be construed to alter or affect an employer’s policies or agreements with employees concerning employees’ wages during times when an employee attends a juvenile court hearing under paragraph (a) of this subsection.
(3) If the youth is 12 years of age or older, a certified copy of the summons shall be served upon the youth. If the petition alleges that the youth is within the jurisdiction of the court for having violated ORS 471.430, the summons must contain a statement that, if the youth fails to appear as required in the summons, the driving privileges of the youth are subject to suspension under ORS 419C.472.
(4) Summons may be issued requiring the appearance of any person whose presence the court deems necessary. When a summons is issued to a youth pursuant to a petition alleging jurisdiction under ORS 419C.005, a copy of the summons shall be mailed to all victims whose names appear on the petition pursuant to ORS 419C.255 (2). The copy of the summons shall be accompanied by a notice that the victim may be present for the youth’s appearance before the court and is entitled to request and receive notification of future hearings before the court in regard to the particular case. The copy of the summons shall also be accompanied by a notice informing the victim of the provisions of ORS 30.765. [1993 c.33 §204; 1993 c.546 §74; 1999 c.965 §1; 2001 c.686 §12; 2001 c.817 §7; 2003 c.687 §13; 2023 c.9 §30]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 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]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 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:
(a) If the address of the parent or guardian is known, by sending the parent or guardian a copy of the summons by registered or certified mail with a return receipt to be signed by the addressee only.
(b) By personal service outside the state.
(2) Service as provided in this section and ORS 419C.309 shall vest the court with jurisdiction over the parents or guardian in the same manner and to the same extent as if the person served were served personally within this state. [1993 c.33 §206; 1993 c.546 §75]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 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]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 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]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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.
2023 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 executive director of the Oregon Public Defense Commission 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 executive director of the Oregon Public Defense Commission 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; 2023 c.281 §69]
Note:
See note under 419C.378.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 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.
(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 foreseeable future if provided restorative services under ORS 419C.396, the court shall:
(a) Immediately enter a judgment that dismisses the petition alleging jurisdiction under ORS 419C.005 without prejudice; or
(b) If necessary for planning or instituting an alternative proceeding, then not more than five days after the findings are made enter a judgment that dismisses the petition without prejudice.
(3)(a) If the court finds that the youth is unfit to proceed and that there is a substantial probability that the youth will gain or regain fitness to proceed in the foreseeable future if provided restorative services under ORS 419C.396, the court shall continue the order under ORS 419C.378 staying the proceedings and order that the youth receive restorative services under ORS 419C.396.
(b) The court shall forward the order for restorative services to the Oregon Health Authority. [2013 c.709 §8]
Note:
See note under 419C.378.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 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:
(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 the foreseeable future.
(2) The authority shall develop qualifications and standards for persons who provide restorative services under ORS 419C.396 and shall solicit qualified applicants to provide those services. [2013 c.709 §9]
Note:
See note under 419C.378.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 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:
(a) That removal is necessary to provide restorative services under ORS 419C.396;
(b) That removal is in the best interest of the youth; and
(c) If the Department of Human Services has custody of the youth, that:
(A) The department made reasonable efforts to prevent or eliminate the need for removal and make it possible for the youth to safely return to the youth’s current placement; or
(B) Reasonable efforts have not been made by the department but reasonable efforts would not have eliminated the need for removal under paragraphs (a) and (b) of this subsection.
(2) If a youth is removed for the purpose of receiving restorative services, the youth shall be returned to the youth’s current placement immediately upon conclusion of the provision of the restorative services 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 §11; 2017 c.558 §3]
Note:
See note under 419C.378.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 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.
(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 reasonable doubt.
(3) If the youth files written notice of intent to rely on the defense set forth in ORS 419C.522, the youth has the burden of proving the defense by a preponderance of the evidence.
(4) For the purpose of determining proper disposition of the youth, testimony, reports or other material relating to the youth’s mental, physical and social history and prognosis may be received by the court without regard to their competency or relevancy under the rules of evidence.
(5) An adjudication by a juvenile court that a youth is within its jurisdiction is not a conviction of a crime or offense. [1993 c.33 §223; 1993 c.546 §87; 2005 c.843 §9]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.405 - Witnesses; subpoena.

(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 136.567 to 136.603. The form of the subpoena shall be substantially as provided in ORS 136.575 (4) or (6), but shall describe the action as a "juvenile court proceeding" and the appearance as on behalf of "the court," "the youth," and so on, as the case may be.
(2) In addition to the subpoena available under subsection (1) of this section, when the petition alleges that the youth is within the jurisdiction of the court by reason of a ground set forth in ORS 419C.005, the youth or any person appearing in behalf of the youth or the state may secure the attendance of out-of-state witnesses in the same manner as provided in ORS 136.623 to 136.637. [1993 c.33 §224]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.408 - Witness fees.

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 subpoenas the witness or requests the court to subpoena the witness. If the witness was subpoenaed to appear on behalf of the Oregon Youth Authority, responsibility for per diem, mileage fees and travel expenses shall be borne by the county. If the witness was subpoenaed by more than one party, the witness shall be paid by the party who first subpoenas the witness. The court may then, thereafter, order that the costs be distributed equally among all parties who subpoenaed the witness and that the original payor of the costs be reimbursed accordingly. When the witness has been subpoenaed on behalf of a party who is represented by appointed counsel, the fees and costs allowed for that witness shall be paid pursuant to ORS 135.055. [1993 c.33 §225; 2001 c.962 §53]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.420 - Adjudication without hearing.

If a youth is cited or summoned for violating ORS 471.430, 475C.317 or 475C.341 and fails to appear, the court may adjudicate the citation or petition and enter a disposition without a hearing. [2001 c.904 §14; 2005 c.708 §54; 2013 c.591 §9; 2016 c.24 §56; 2017 c.20 §6a; 2017 c.21 §106]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.440 - When court has duties and authority of guardian.

Unless guardianship is granted as provided in ORS 419C.555, the court as an incident of its jurisdiction over the adjudicated youth has the duties and authority of the guardian as provided in ORS 419C.558. [1993 c.33 §227; 2003 c.396 §106; 2021 c.489 §68]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.441 - Mental health evaluation, care and treatment.

A court having jurisdiction pursuant to ORS 419C.005 over an adjudicated youth who commits an act that would be a violation of ORS 167.315, 167.320, 167.322 or 167.333 if done by an adult may, in addition to any other exercise of jurisdiction over the adjudicated youth, order that the adjudicated youth undergo psychiatric, psychological or mental health evaluation. If warranted by the mental condition of the adjudicated youth, the court may order that the adjudicated youth undergo appropriate care or treatment. [2001 c.926 §4; 2003 c.396 §107; 2021 c.489 §69]