reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.446 - Probation; requirements.

(1) When a court determines it would be in the best interest and welfare of an adjudicated youth, the court may place the adjudicated youth on probation. The court may direct that the adjudicated youth remain in the legal custody of the adjudicated youth’s parents or other person with whom the adjudicated youth is living, or the court may direct that the adjudicated youth be placed in the legal custody of some relative or some person maintaining a foster home approved by the court, or in a child care center or a youth care center authorized to accept the adjudicated youth.
(2) The court may specify particular requirements to be observed during the probation consistent with recognized juvenile court practice, including but not limited to restrictions on visitation by the adjudicated youth’s parents, restrictions on the adjudicated youth’s associates, occupation and activities, restrictions on and requirements to be observed by the person having the adjudicated youth’s legal custody, requirements for visitation by and consultation with a juvenile counselor or other suitable counselor, requirements to make restitution under ORS 419C.450, requirements of a period of detention under ORS 419C.453, requirements to perform community service under ORS 419C.462, or service for the victim under ORS 419C.465, or requirements to submit to blood or buccal testing under ORS 419C.473.
(3) If the adjudicated youth is a sex offender, as defined in ORS 163A.005, the juvenile department shall notify the chief of police, if the adjudicated youth is going to reside within a city, and the county sheriff of the county in which the adjudicated youth is going to reside of the adjudicated youth’s release on probation and the requirements imposed on the adjudicated youth’s probation under subsection (2) of this section.
(4)(a) The court, juvenile department or any other agency may not order the adjudicated youth or the adjudicated youth’s parent or guardian to pay any fee, cost or surcharge as a condition of probation or to pay any probation supervision fee.
(b) Notwithstanding paragraph (a) of this subsection, an adjudicated youth or the adjudicated youth’s parent or guardian may pay fees or costs associated with participating in a program under this section through public or private insurance or by private means. [1993 c.33 §229; 1993 c.546 §88; 1997 c.725 §1; 1999 c.97 §5; 2001 c.884 §8; 2003 c.396 §109; 2011 c.597 §136; 2021 c.489 §70; 2021 c.597 §21a]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.453 - Detention; when authorized.

(1) Pursuant to a hearing, the juvenile court may order an adjudicated youth placed in a detention facility for a specific period of time not to exceed eight days, in addition to time already spent in the facility, unless a program plan that is in conformance with standards established by the Youth Development Council has been filed with and approved by the council, in which case the adjudicated youth may be held in detention for a maximum of 30 days in addition to time already spent in the facility, when:
(a) The adjudicated youth has been found to be within the jurisdiction of the juvenile court by reason of having committed an act that would be a crime if committed by an adult; or
(b) The adjudicated youth has been placed on formal probation for an act that would be a crime if committed by an adult, and has been found to have violated a condition of that probation.
(2) Pursuant to a hearing, the juvenile court may order an adjudicated youth who is at least 18 years of age placed in a jail or other place where adults are detained. The placement must be for a specific period of time and may not exceed eight days in addition to time already spent in a juvenile detention facility or jail. The court may order placement under this subsection when:
(a) The adjudicated youth has been found to be within the jurisdiction of the juvenile court by reason of having committed an act that would be a crime if committed by an adult; or
(b) The adjudicated youth has been placed on formal probation for an act that would be a crime if committed by an adult, and has been found to have violated a condition of that probation.
(3) In order to detain an adjudicated youth under subsection (2) of this section, the court shall make case-specific findings that placement in a jail or other place where adults are detained meets the specific needs of the adjudicated youth.
(4) As used in this section, "adult" does not include a person who is 18 years of age or older and is alleged to be, or has been found to be, within the jurisdiction of the juvenile court under ORS 419C.005. [1993 c.33 §231; 2001 c.904 §5; 2001 c.905 §6; 2003 c.396 §111; 2003 c.442 §3; 2005 c.503 §17; 2012 c.37 §61; 2021 c.489 §73]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.456 - Detention after escape.

Pursuant to a hearing, the juvenile court may order an adjudicated youth 12 years of age or older placed in a detention facility for a specific period of time not to exceed eight days, in addition to time already spent in the facility, when the adjudicated youth has been found to be within the jurisdiction of the juvenile court by reason of having escaped from a detention facility, after having been placed in the facility pursuant to the filing of a petition alleging that the youth has committed an act which would be a crime if committed by an adult or the offense described in ORS 419C.159. [1993 c.33 §232; 2003 c.396 §112; 2021 c.489 §74]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.457 - Prohibition on imposition of fines and fees for acts committed by child, youth, adjudicated youth or young person.

(1) A court may not assess any fee or fine under ORS 137.533, 137.540, 409.220, 809.267 or 813.240 arising out of the actions of a person who:
(a) Was under 18 years of age at the time of the act or is subject to juvenile court probation; and
(b) Was not waived to circuit court for prosecution as an adult under ORS 419C.340.
(2) The fees and fines described in subsection (1) of this section may not be assessed against the child, youth, adjudicated youth, young person or, if the fee or cost would be assessed after the person attains the age of 18, the person, or against the parent or guardian of the child, youth, adjudicated youth, young person or person. [2021 c.597 §6; 2023 c.9 §32]
Note:
Section 77, chapter 597, Oregon Laws 2021, provides:
Sec. 77. Satisfaction of preexisting judgments; rules.
(1) Any judgment entered prior to the operative date specified in section 79 (1) of this 2021 Act [January 1, 2022] for fines, fees, costs or other monetary obligations is null and void and considered paid in full and satisfied on the operative date specified in section 79 (1) of this 2021 Act if:
(a) There remains a balance due, including post-judgment interest, penalties or collection expenses, on the judgment as of the operative date specified in section 79 (1) of this 2021 Act; and
(b) Section 6 of this 2021 Act [419C.457], the amendments to statutes and session law by sections 2 to 4, 7 to 36a and 38 to 76 of this 2021 Act and the repeal of ORS 419C.203, 419C.449, 419C.459, 419C.590, 419C.592, 419C.595, 419C.597 and 419C.600 by section 37 of this 2021 Act remove or repeal the underlying statutory authority for or would prohibit the assessment of the fee, cost or other monetary obligation included in the judgment if the judgment had been entered after the operative date specified in section 79 (1) of this 2021 Act.
(2) Nothing in this section creates a right of reimbursement to a youth, youth offender or young person or the parent or guardian of a youth, youth offender or young person, and a court may not reimburse a youth, youth offender or young person or the parent or guardian of a youth, youth offender or young person, for fines, fees, costs or other monetary obligations the youth, youth offender or young person or the parent or guardian of a youth, youth offender or young person paid on or before the operative date specified in section 79 (1) of this 2021 Act to satisfy a lawful order or judgment that was entered before the operative date specified in section 79 (1) of this 2021 Act.
(3) The court administrator, as defined in ORS 18.005, may not charge any fees associated with the satisfaction of a judgment under subsection (1) of this section.
(4) The Chief Justice of the Supreme Court may make any order or adopt any rules, and the State Court Administrator may establish any policies or procedures, necessary to carry out the provisions of this section. [2021 c.597 §77]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.460 - Process for unlawful possession of controlled substances.

(1) If a youth is within the jurisdiction of the court for having committed an act that, if committed by an adult, would constitute a Class E violation, the court shall proceed in accordance with ORS 153.062.
(2) Nothing in subsection (1) of this section prevents a youth from entering into a formal accountability agreement under ORS 419C.230 for a Class E violation. [2021 c.591 §27]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.461 - Disposition for graffiti related offenses.

(1) When an adjudicated youth has been found to be within the jurisdiction of the juvenile court for having committed an act that if committed by an adult would constitute a violation of ORS 164.383 or 164.386 or criminal mischief and the act consisted of defacing property by creating graffiti, the court, in addition to any other disposition, may order the adjudicated youth to perform:
(a) Personal service, as provided in ORS 419C.465, consisting of removing graffiti; or
(b) If the victim does not agree to the personal service, community service consisting of removing graffiti at some location other than that defaced by the adjudicated youth.
(2) In no case shall the adjudicated youth, pursuant to this section, perform more hours of personal or community service than would be indicated by dividing the monetary damage caused by the adjudicated youth by the legal minimum wage.
(3)(a) When an adjudicated youth has been found to be within the jurisdiction of the juvenile court for having committed an act that if committed by an adult would constitute a violation of ORS 164.383, the court may find the parent, legal guardian or other person lawfully charged with the care or custody of the adjudicated youth liable for actual damages to person or property caused by the adjudicated youth. However, a parent who is not entitled to legal custody of the adjudicated youth at the time of the act is not liable for the damages.
(b) The legal obligation of the parent, legal guardian or other person under this subsection may not exceed the liability provided in ORS 30.765.
(c) The court may, with the consent of the parent, legal guardian or other person, order the parent, legal guardian or other person to complete a parent effectiveness program approved by the court. Upon the parent’s, legal guardian’s or other person’s completion of the program to the satisfaction of the court, the court may dismiss any other penalties imposed upon the parent, legal guardian or other person. [1995 c.615 §6; 2003 c.396 §114; 2021 c.489 §76]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.462 - Community service.

The court may order an adjudicated youth to perform appropriate community service for a number of hours not to exceed that which could be required under ORS 137.129 if the adjudicated youth were an adult. [1993 c.33 §234; 2003 c.396 §115; 2021 c.489 §77]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.465 - Service to victim.

Upon agreement of the adjudicated youth, the adjudicated youth’s parent or guardian and the victim of the adjudicated youth’s conduct, the court may order an adjudicated youth to perform personal service for the victim as a condition of probation. Contact with a victim to determine whether the victim is willing to agree to such personal service shall be by a person to be designated by the court and may not be by the adjudicated youth. The victim shall be advised by such person of any prior findings of juvenile court jurisdiction of the adjudicated youth under ORS 419C.005. The court shall specify the nature and length of the service as the court finds appropriate. Personal service performed pursuant to the order shall constitute full or partial satisfaction of any restitution ordered by the court, as provided by agreement prior to the making of the order. However, in no case shall the adjudicated youth, pursuant to this section, perform more hours of personal service than would be indicated by dividing the victim’s monetary loss by the legal minimum wage. [1993 c.33 §235; 2003 c.396 §116; 2021 c.489 §78]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.470 - Opportunities to fulfill obligations imposed by court.

The Oregon Youth Authority and county juvenile departments, respectively, and to the extent practicable, shall create opportunities for adjudicated youths placed in the legal custody of the youth authority or under the supervision of a county juvenile department to pay restitution as ordered by the court and to perform any community service ordered by the court, as well as to fulfill any other obligation imposed by the court. [1993 c.33 §236; 1995 c.422 §84; 2011 c.597 §137; 2021 c.489 §79]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.472 - Suspension of driving privileges.

(1) The court may order that the driving privileges of a youth be suspended if:
(a) The petition alleges that the youth is within the jurisdiction of the court for violating ORS 471.430 or 475C.317;
(b) The youth has been issued a summons under ORS 419C.306; and
(c) The youth fails to appear as required by the summons.
(2) When a court issues an order under subsection (1) of this section:
(a) The court shall send a notice to the Department of Transportation certifying that the youth failed to appear and that the court has ordered the suspension of the driving privileges of the youth; and
(b) Neither the state nor a juvenile department counselor may file a petition under ORS 419C.250 alleging that the youth is within the jurisdiction of the court for having committed an act that if committed by an adult would constitute a violation of ORS 153.992. [2001 c.817 §5; 2017 c.20 §7]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.473 - Authority to order blood or buccal samples.

(1) Whenever an adjudicated youth has been found to be within the jurisdiction of the court under ORS 419C.005 for having committed an act that if done by an adult would constitute a felony listed in subsection (2) of this section, the court shall order the adjudicated youth to submit to the obtaining of a blood or buccal sample in the manner provided by ORS 137.076. The court shall further order that as soon as practicable after the entry of the dispositional order, the law enforcement agency attending upon the court shall cause a blood or buccal sample to be obtained and transmitted in accordance with ORS 137.076.
(2) The felonies to which subsection (1) of this section applies are:
(a) Rape, sodomy, unlawful sexual penetration, sexual abuse in the first or second degree, public indecency, incest or using a child in a display of sexually explicit conduct, as those offenses are defined in ORS 163.355 to 163.427, 163.465 (1)(d), 163.525 and 163.670;
(b) Burglary in the second degree, as defined in ORS 164.215, when committed with intent to commit any offense listed in paragraph (a) of this subsection;
(c) Promoting or compelling prostitution, as defined in ORS 167.012 and 167.017;
(d) Burglary in the first degree, as defined in ORS 164.225;
(e) Assault in the first degree, as defined in ORS 163.185;
(f) Conspiracy or attempt to commit any Class A or Class B felony listed in paragraphs (a) to (e) of this subsection; or
(g) Murder or aggravated murder.
(3) No order for the obtaining and transmitting of a blood or buccal sample is required to be entered if:
(a) The Department of State Police notifies the court or the law enforcement agency attending upon the court that it has previously received an adequate blood or buccal sample taken from the adjudicated youth in accordance with this section, ORS 137.076 or 161.325 (4); or
(b) The court determines that obtaining a sample would create a substantial and unreasonable risk to the health of the adjudicated youth.
(4) Notwithstanding any other provision of law, blood and buccal samples and other physical evidence and criminal identification information obtained under authority of this section or as a result of analysis conducted pursuant to ORS 181A.155 may be maintained, stored, destroyed and released to authorized persons or agencies under the conditions established in ORS 181A.155 and rules adopted by the Department of State Police under the authority of that section.
(5) The court may not order the adjudicated youth or the parent or guardian of the adjudicated youth to pay for or to reimburse any agency for the cost of obtaining or transmitting a blood or buccal sample under this section. [1993 c.33 §237; 1999 c.97 §6; 2001 c.852 §4; 2003 c.396 §117; 2019 c.65 §3; 2021 c.489 §80; 2021 c.597 §25a]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.475 - Authority to order blood-borne infection testing.

(1) Whenever an adjudicated youth has been found to be within the jurisdiction of the court under ORS 419C.005 (1) for having committed an act from which it appears that the transmission of body fluids from one person to another as described in ORS 135.139 may have been involved or a sexual act may have occurred, the court shall order the adjudicated youth to submit to blood-borne infection testing as provided in ORS 135.139 if the victim, or parent or guardian of the victim, requests the court to make such an order.
(2) The court may not order the adjudicated youth or the parent or guardian of the adjudicated youth to pay for or reimburse any agency for the cost of the test. [1993 c.331 §3; 2003 c.396 §118; 2019 c.280 §11; 2021 c.489 §81; 2021 c.597 §26]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.481 - Guardianship and legal custody of adjudicated youth committed to Oregon Youth Authority.

(1) The juvenile court retains jurisdiction and the Oregon Youth Authority retains legal custody of an adjudicated youth committed to it regardless of the physical placement of the adjudicated youth by the youth authority.
(2) When the court grants legal custody to the youth authority, it may also grant guardianship of the adjudicated youth to the youth authority, to remain in effect solely while the adjudicated youth remains in the legal custody of the youth authority.
(3) The director of the youth authority may authorize the superintendent of the youth correction facility, as defined in ORS 420.005, in which the adjudicated youth is placed, if any, to exercise the duties and authority of a guardian of the adjudicated youth under ORS 419C.558 and to determine parole and final release under ORS 420.045. [1993 c.33 §239; 1993 c.367 §4; 2003 c.396 §120; 2021 c.489 §83]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.486 - Consideration of recommendations of committing court; case planning.

To ensure effective planning for adjudicated youths committed to its custody, the Oregon Youth Authority shall take into consideration recommendations and information provided by the committing court before placement in any facility. The youth authority shall ensure that the case planning in any case:
(1) Serves the purposes of and is consistent with the principles of ORS 419C.001;
(2) Incorporates the perspective of the adjudicated youth and the family; and
(3) Is integrated with the efforts of other agencies responsible for providing services to the adjudicated youth or the family. [1993 c.33 §240; 1995 c.770 §2; 2003 c.396 §121; 2005 c.159 §1; 2021 c.489 §84]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.489 - Condition requiring medical care or special treatment; preparation of plan; progress reports.

Whenever an adjudicated youth who is in need of medical care or other special treatment by reason of physical or mental condition is placed in the custody of the Oregon Youth Authority by the juvenile court, the youth authority shall prepare a plan for care or treatment within 14 days after assuming custody of the adjudicated youth. The court may indicate in general terms the type of care which it regards as initially appropriate. A copy of the plan, including a time schedule for its implementation, shall be sent to the juvenile court that committed the adjudicated youth to the youth authority. The court may at any time request regular progress reports on implementation of the plan. The youth authority shall notify the court when the plan is implemented, and shall report to the court concerning the progress of the adjudicated youth annually thereafter. If the plan is subsequently revised, the youth authority shall notify the court of the revisions and the reasons therefor. [1993 c.33 §242; 2003 c.396 §122; 2021 c.489 §85]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.492 - Court’s authority to review placement.

Commitment of an adjudicated youth to the Oregon Youth Authority or the Department of Human Services does not terminate the court’s continuing jurisdiction to protect the rights of the adjudicated youth or the adjudicated youth’s parents or guardians. Notwithstanding ORS 419C.478 (5), if upon review of a placement of an adjudicated youth made by the youth authority or the department, the court determines that the placement is so inappropriate as to violate the rights of the adjudicated youth or the adjudicated youth’s parents or guardians, the court may direct the youth authority or the department to place the adjudicated youth in a specific type of residential placement, but the actual planning and placement of the adjudicated youth shall be the responsibility of the youth authority or the department. Nothing in this section affects any contractual right of a private agency to refuse or terminate a placement. [1993 c.33 §243; 1995 c.422 §131; 2021 c.489 §86]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.495 - When commitment to youth correction facility authorized.

(1) An adjudicated youth placed in the legal custody of the Oregon Youth Authority may be placed in a youth correction facility or in a private institution operated as a facility for adjudicated youths requiring secure custody only when the juvenile court having jurisdiction so recommends.
(2) An adjudicated youth who is admitted to a youth correction facility may be retained in the facility for the duration of the commitment period. In no case may an adjudicated youth be retained in a youth correction facility after the adjudicated youth has attained 25 years of age.
(3) No adjudicated youth shall be transferred or returned after discharge to a facility described in subsection (1) of this section, except upon court order under this chapter.
(4) Nothing in subsection (3) of this section shall be deemed to prohibit return of an adjudicated youth to a facility described in subsection (1) of this section, in the discretion of the youth authority, if the adjudicated youth has been released from the facility on temporary or indefinite parole, or to prohibit transfer of an adjudicated youth from one such facility to another. [1993 c.33 §244; 1999 c.109 §2; 2021 c.489 §87]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.498 - Disposition under compact, agreement or arrangement with another state.

If there is an interstate compact or agreement or an informal arrangement with another state permitting the adjudicated youth to reside in another state while on probation or under protective supervision, or to be placed in an institution or with an agency in another state, the court may place the adjudicated youth on probation or under protective supervision in such other state, or, subject to ORS 419C.495, place the adjudicated youth in an institution in such other state in accordance with the compact, agreement or arrangement. [1993 c.33 §245; 2003 c.396 §123; 2021 c.489 §88]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.501 - Duration of disposition.

(1) The court shall fix the duration of any disposition made pursuant to this chapter and the duration may be for an indefinite period. Any placement in the legal custody of the Department of Human Services or the Oregon Youth Authority under ORS 419C.478 or placement under the jurisdiction of the Psychiatric Security Review Board under ORS 419C.529 shall be for an indefinite period. However, the period of institutionalization or commitment may not exceed:
(a) The period of time specified in the statute defining the crime for an act that would constitute an unclassified misdemeanor if committed by an adult;
(b) Thirty days for an act that would constitute a Class C misdemeanor if committed by an adult;
(c) Six months for an act that would constitute a Class B misdemeanor if committed by an adult;
(d) Three hundred sixty-four days for an act that would constitute a Class A misdemeanor if committed by an adult;
(e) Five years for an act that would constitute a Class C felony if committed by an adult;
(f) Ten years for an act that would constitute a Class B felony if committed by an adult;
(g) Twenty years for an act that would constitute a Class A felony if committed by an adult; and
(h) Life for a young person who was found to have committed an act that, if committed by an adult would constitute murder or any aggravated form of murder under ORS 163.095, 163.107 or 163.115.
(2) Except as provided in subsection (1)(h) of this section, the period of any disposition may not extend beyond the date on which the young person or adjudicated youth becomes 25 years of age. [1993 c.33 §246; 1995 c.422 §85; 1999 c.964 §1; 2005 c.843 §11; 2017 c.706 §23; 2019 c.635 §26; 2021 c.489 §89]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.504 - Duration of probation.

In any case under ORS 419C.005 the court, notwithstanding ORS 419C.501, may place the adjudicated youth on probation to the court for a period not to exceed five years. However, the period of probation shall not extend beyond the date on which the adjudicated youth becomes 23 years of age. [1993 c.33 §247; 1995 c.422 §86; 2021 c.489 §90]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.507 - Additional options; consultation.

The court may, in lieu of or in addition to any disposition under this chapter, direct that an adjudicated youth be examined or treated by a physician, psychiatrist or psychologist, or receive other special care or treatment in a hospital or other suitable facility. If the court determines that mental health examination and treatment should be provided by services delivered through the Oregon Health Authority, the Department of Human Services shall determine the appropriate placement or services in consultation with the court, the Oregon Youth Authority and other affected agencies. If the youth authority or another affected agency objects to the type of placement or services, the court shall determine the appropriate type of placement or service. During the examination or treatment of the adjudicated youth, the department may, if appropriate, be appointed guardian of the adjudicated youth. [1993 c.33 §248; 2001 c.900 §124; 2003 c.396 §124; 2009 c.595 §368; 2021 c.489 §91]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.510 - Advisory committee to study dispositions; recommendations.

The Chief Justice of the Supreme Court shall create an advisory committee consisting of three judges appointed by the Chief Justice. The advisory committee shall study dispositions imposed in juvenile court cases under ORS 419C.005 and make recommendations for disposition criteria that consider:
(1) The protection of the community;
(2) The accountability of the offender; and
(3) The competency of the offender. [1995 c.422 §127]
Note:
419C.510 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.520 - Definitions.

As used in ORS 419C.411, 419C.522 to 419C.527 and 419C.529 to 419C.544:
(1) "Conditional release" includes but is not limited to the monitoring of mental and physical health treatment.
(2) "Qualifying mental disorder" does not include an abnormality:
(a) Manifested only by repeated criminal or otherwise antisocial conduct;
(b) Constituting solely a personality disorder; or
(c) Constituting solely a conduct disorder.
(3) "Serious mental condition" means a condition that requires supervision and treatment services for the safety of others and is:
(a) A mental illness of major depression;
(b) A mental illness of bipolar disorder; or
(c) A mental illness of psychotic disorder. [2005 c.843 §3; 2007 c.889 §3; 2017 c.634 §22]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.522 - Qualifying mental disorder as affirmative defense.

Qualifying mental disorder constituting insanity under ORS 419C.411 (2) is an affirmative defense. [2005 c.843 §4; 2017 c.634 §23]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.524 - Notice and filing report prerequisite to defense; timing.

(1) A youth may not introduce evidence on the issue of the defense set forth in ORS 419C.522 unless the youth:
(a) Gives notice of intent to do so in the manner provided in subsection (2) of this section; and
(b) Files with the court a report of a psychiatric or psychological evaluation, conducted by a certified evaluator, in the manner provided in subsection (5) of this section.
(2) A youth who is required under subsection (1) of this section to give notice must do so by filing a written notice of intent. A youth who is not in detention must file the notice of intent no later than 60 days after the petition is filed unless the court finds good cause to extend the time. If the youth fails to file notice timely, the youth may not introduce evidence for the establishment of the defense set forth in ORS 419C.522 unless the court permits the evidence to be introduced when just cause for failure to file the notice is shown.
(3) Just cause for failure to file notice timely exists if the youth was not represented by counsel until after the filing period.
(4) The filing of a notice of intent under this section by a youth in detention constitutes express consent of the youth for continued detention under ORS 419C.150.
(5) A youth who is required under subsection (1) of this section to file a report of a psychiatric or psychological evaluation shall file the report before trial. The report must be based on an evaluation conducted after the date of the alleged act and must address the issue of insanity under ORS 419C.411 (2) and the dispositional determinations described in ORS 419C.411 (7) and 419C.529. If the youth fails to file a complete report before trial, the youth may not introduce evidence for the establishment of the defense set forth in ORS 419C.522 unless the court permits the evidence to be introduced when just cause for failure to file the report is shown.
(6) As used in this section, "certified evaluator" means a psychiatrist or psychologist who holds a valid certification under the provisions of ORS 161.392. [2005 c.843 §5; 2011 c.724 §6]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.527 - Procedure for state to obtain mental examination of youth; limitations.

Upon the filing of a written notice of intent or the introduction of evidence by the youth as provided in ORS 419C.524, the state may have at least one psychiatrist certified, or eligible to be certified, by the Oregon Medical Board in child psychiatry or licensed psychologist with expertise in child psychology of its selection examine the youth. Unless the court finds good cause to extend the time, the state must obtain an examination under this section no later than 60 days after the notice of intent was filed or the evidence was introduced. The state shall file notice with the court of its intention to have the youth examined. Upon filing of the notice, the court shall order the youth to participate in an examination. If the youth objects to the examiner chosen by the state, the court for good cause shown may direct the state to select a different examiner. The examiner shall provide a copy of the report generated from the examination to the state. A report generated from an examination under this section is a report relating to the youth’s history and prognosis under ORS 419A.255 (2). [2005 c.843 §6]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.530 - Continuing jurisdiction of Psychiatric Security Review Board after placement.

The juvenile panel of the Psychiatric Security Review Board exercises continuing jurisdiction over a young person committed to, or retained in, a hospital or facility designated by the Department of Human Services or the Oregon Health Authority under ORS 419C.529. If the board determines after review that the placement of a young person in the particular hospital or facility is so inappropriate as to create a substantial danger to others, the board may direct the department or the authority to place the young person in a specific type of facility or direct specific care or supervision, but the actual placement of the young person is the responsibility of the department or the authority. [2007 c.889 §2; 2009 c.595 §370]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.531 - Notice to victim; opportunity to be heard; request for reconsideration.

(1) If the juvenile court or the juvenile panel of the Psychiatric Security Review Board determines that a victim desires notification as described in ORS 419C.529, the panel shall make a reasonable effort to notify the victim of panel hearings and orders, conditional release, discharge or escape. Nothing in this subsection authorizes the panel to disseminate information that is otherwise privileged by law.
(2) When the panel conducts a hearing involving a young person found responsible except for insanity for an act for which there is a victim, the panel shall afford the victim an opportunity to be heard, either orally or in writing, at the hearing.
(3)(a) If the panel fails to make a reasonable effort to notify the victim of a panel hearing under subsection (1) of this section or fails to afford the victim an opportunity to be heard under subsection (2) of this section, the victim may request that the panel reconsider the order of the panel.
(b) If the panel determines that the panel failed to make a reasonable effort to notify the victim or failed to afford the victim an opportunity to be heard, except as provided in paragraph (c) of this subsection, the panel shall grant the request for reconsideration. Upon reconsideration, the panel shall consider the statement of the victim and may consider any other information that was not available to the panel at the previous hearing.
(c) The panel may not grant a request for reconsideration that is made:
(A) After the young person has been discharged from the jurisdiction of the Psychiatric Security Review Board;
(B) After the panel has held a subsequent hearing involving the young person; or
(C) If the panel failed to make a reasonable effort to notify the victim of a hearing, more than 30 days after the victim knew or reasonably should have known of the hearing. [2010 c.89 §8]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.533 - Rules.

(1) The juvenile panel of the Psychiatric Security Review Board, by rule pursuant to ORS 183.325 to 183.410 and not inconsistent with law, may implement its policies and set out its procedure and practice requirements and may promulgate such interpretive rules as the panel deems necessary or appropriate to carry out its statutory responsibilities.
(2) The juvenile panel of the Psychiatric Security Review Board shall adopt rules defining the type of dangerous behavior that requires the temporary placement of a young person with mental retardation in a secure hospital or facility.
(3) The juvenile panel of the Psychiatric Security Review Board shall consult with the Department of Human Services about proposed rules relating to developmental disabilities and the Oregon Health Authority about proposed rules relating to mental illness before issuing proposed rules for public comment and before adopting rules under this section. [2007 c.889 §6; 2009 c.595 §372]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.535 - Appointed counsel; representation of state in contested hearings before panel.

(1) The juvenile panel of the Psychiatric Security Review Board shall appoint suitable counsel to represent a young person about whom a hearing under ORS 419C.532 is being held. Counsel appointed must be an attorney who satisfies the minimum standards established by the Oregon Public Defense Commission under ORS 151.216. The executive director of the commission shall determine and allow fair compensation for counsel appointed under this subsection and the reasonable expenses of the young person in respect to the hearing. Compensation payable to appointed counsel may not be less than the applicable compensation level established under ORS 151.216. The executive director shall pay compensation and expenses allowed from funds available for that purpose.
(2) The juvenile panel may not order the young person, parent or guardian of the estate to pay any part of the administrative costs of appointing counsel for the young person or to pay for the costs of legal and other services that are related to the provision of appointed counsel.
(3) The Attorney General may represent the state at contested hearings before the juvenile panel unless the district attorney of the county in which the young person was adjudicated elects to represent the state. The district attorney of the county in which the young person was adjudicated shall cooperate with the Attorney General in securing the material necessary for presenting a contested hearing before the juvenile panel. If the district attorney elects to represent the state, the district attorney shall give timely written notice to the Attorney General, the juvenile panel and the attorney representing the young person. [2005 c.843 §15; 2012 c.107 §48; 2021 c.597 §19; 2023 c.281 §70]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.542 - Hearings before juvenile panel of Psychiatric Security Review Board.

(1) A young person committed by the court under ORS 419C.529 to a hospital or facility designated by the Department of Human Services or the Oregon Health Authority may not be held in the hospital or facility for more than 90 days from the date of the court’s commitment order without an initial hearing before the juvenile panel of the Psychiatric Security Review Board to determine whether the young person should be discharged or conditionally released.
(2) A young person may not be held pursuant to an order under ORS 419C.532 (5) for a period of time exceeding one year without a hearing before the juvenile panel to determine whether the young person should be discharged or conditionally released.
(3) When a young person has spent three years on conditional release, the juvenile panel shall bring the young person before the juvenile panel no later than 30 days after the expiration of the three-year period. The juvenile panel shall review the young person’s status and determine whether the young person should be discharged from the jurisdiction of the board.
(4) Notwithstanding the fact that a young person who is brought before the juvenile panel under subsection (3) of this section continues to have a serious mental condition, the juvenile panel may discharge the young person if the young person did not exhibit behaviors that presented a substantial danger to others during the period of conditional release and no longer requires supervision by the juvenile panel. [2005 c.843 §18; 2009 c.595 §374]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.544 - Transfer of cases from juvenile panel to adult panel of Psychiatric Security Review Board.

(1) When a young person attains 18 years of age, the juvenile panel of the Psychiatric Security Review Board shall transfer the young person’s case to the adult panel of the board if the act that brought the young person within the board’s jurisdiction would constitute murder or any aggravated form of murder if committed by an adult.
(2) At any time after a young person not described in subsection (1) of this section attains 18 years of age, the juvenile panel of the board may hold a hearing to determine whether it is in the young person’s best interest to transfer the young person’s case to the adult panel of the board. The juvenile panel of the board shall transfer the young person’s case to the adult panel of the board unless good cause is shown for retaining the young person’s case with the juvenile panel. [2005 c.843 §19]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.550 - Duties and authority.

A person, agency or institution having legal custody of a youth or adjudicated youth has the following duties and authority:
(1) To have physical custody and control of the youth or adjudicated youth.
(2) To supply the youth or adjudicated youth with food, clothing, shelter and incidental necessaries.
(3) To provide the youth or adjudicated youth with care, education and discipline.
(4) To authorize ordinary medical, dental, psychiatric, psychological, hygienic or other remedial care and treatment for the youth or adjudicated youth, and, in an emergency when the youth or adjudicated youth’s safety appears urgently to require it, to authorize surgery or other extraordinary care.
(5) To make such reports and to supply such information to the court as the court may from time to time require.
(6) To apply for any Social Security benefits, public assistance or medical assistance, as defined in ORS 414.025, to which the youth or adjudicated youth is otherwise entitled and to use the benefits or assistance to provide for the care of the youth or adjudicated youth.
(7) To obtain and disclose information necessary to apply for Social Security benefits, public assistance or medical assistance on behalf of the youth or adjudicated youth including the youth or adjudicated youth’s Social Security number or information that is not otherwise subject to disclosure under ORS 411.320 or 413.175. Information obtained under this subsection may be used only for the purpose of applying for Social Security benefits, public assistance or medical assistance on behalf of the youth or adjudicated youth. [1993 c.33 §250; 1993 c.367 §2; 2003 c.396 §125; 2013 c.640 §2; 2013 c.688 §89; 2021 c.489 §92]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.555 - Authority to appoint guardian.

Except when the court grants legal custody to the Oregon Youth Authority, the court may grant guardianship of the adjudicated youth to a private institution or agency to which the adjudicated youth is committed or to some suitable person or entity if it appears necessary to do so in the interests of the adjudicated youth. [1993 c.33 §249; 2003 c.396 §126; 2021 c.489 §93]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.558 - Duties and authority of guardian.

A person, agency or institution having guardianship of an adjudicated youth by reason of appointment by the court has the duties and authority of a guardian of the adjudicated youth, including but not limited to the following:
(1) To authorize surgery for the adjudicated youth, but this authority does not prevent the person having legal custody of the adjudicated youth from acting under ORS 419C.550 (4).
(2) To authorize the adjudicated youth to enlist in the Armed Forces of the United States.
(3) To consent to the adjudicated youth’s marriage.
(4) To make other decisions concerning the adjudicated youth of substantial legal significance.
(5) To make such reports and to supply such information to the court as the court may from time to time require. [1993 c.33 §251; 2003 c.396 §127; 2021 c.489 §94]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.561 - Limitation of guardianship granted by juvenile court.

A person appointed guardian of an adjudicated youth by the court is guardian only and not a conservator of the estate of the adjudicated youth, unless that person is appointed conservator of the adjudicated youth’s estate in a protective proceeding as provided in ORS chapter 125. [1993 c.33 §252; 1995 c.664 §95; 2003 c.396 §128; 2021 c.489 §95]