reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.848 - Process generally.

(1) All process authorized to be issued by any court or officer of the court runs in the name of the State of Oregon and must be signed by the officer issuing the process, and if the process is issued by a clerk of the court, the seal of office of the clerk must be affixed to the process. Summonses and subpoenas are not process.
(2) A civil process may be served or executed on Sunday or any legal holiday. No limitation or prohibition stated in ORS 1.060 applies to the service or execution of a civil process on a Sunday or legal holiday.
(3)(a) All papers requiring service, may be transmitted from any place by telegraph, facsimile or electronic mail.
(b) The facsimile or telegraphic copy, as defined in ORS 165.840, of the order or paper transmitted may be served or executed by the officer or person to whom it is sent for that purpose and returned by the officer or person if any return is required in the same manner and with the same force and effect in all respects as if the copy were the original. The officer or person serving or executing the order or paper has the same authority and is subject to the same liabilities as if the copy were the original. The original, if an order, must be filed in the court from which it was issued and a certified copy of the order must be preserved in the office from which it was sent. The operator may use either the original or certified copy to transmit the order or paper.
(4) Proof of service or execution of process must be made as provided in ORS 419B.833 or 419B.851. [2001 c.622 §14; 2017 c.737 §11]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.854 - Computing statutory time periods.

(1) In computing any period of time prescribed or allowed by any applicable statute, by the local rules of any court or by order of court, the day of the act or event from which the designated period of time begins to run is not included. The last day of the period so computed is included, unless it is a Saturday or legal holiday, in which event the period runs until the end of the next day that is not a Saturday or a legal holiday. If the period of time relates to serving a public officer or filing a document at a public office and if the last day falls on a day when that particular office is closed before the end of or for all of the normal work day, the last day is excluded in computing the period of time, in which event the period runs until the close of office hours on the next day the office is open for business. When the period of time prescribed or allowed, without including the extra time allowed by subsection (2) of this section, is less than seven days, intermediate Saturdays and legal holidays are excluded in the computation. As used in this subsection, a "legal holiday" means a day described in ORS 187.010 or 187.020.
(2) Except for service of summons, whenever a party has the right or is required to do some act within a prescribed period after the service of a notice or other paper upon the party and the notice or paper is served by mail, three days are added to the prescribed period. [2001 c.622 §16]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.857 - Pleadings; construction.

(1) All petitions, answers, motions and other papers must be liberally construed with a view of substantial justice between the parties.
(2) In every stage of an action, the court shall disregard an error or defect in a petition, answer, motion, other paper or proceeding that does not affect the substantial rights of the adverse party. [2001 c.622 §17]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.860 - Motions.

(1) An application for an order is a motion. Unless a motion is made in court, the motion must be in writing, state with particularity the factual and legal grounds for the motion and set forth the relief or order sought.
(2) ORS 419B.863 and 419B.866 and any local rules of any court applicable to captions, signing and other matters of form of petitions and answers apply to all motions and other papers provided for by ORS 419B.800 to 419B.929. [2001 c.622 §18]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.863 - Pleadings; captions.

(1) Every petition, answer, motion or other paper must contain a caption setting forth the name of the court, the title of the action and the register number of the case.
(2) When a party does not know the name of another party and alleges that lack of knowledge in a petition, answer, motion or other paper, the other party may be designated by any name. When the other party’s true name is discovered, the process and all petitions, answers, motions, other papers and proceedings in the case may be amended by substituting the true name. [2001 c.622 §19]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.866 - Signing pleadings required; effect of signing or not signing.

(1) If a party is represented by an attorney, every answer, motion and other paper of the party must be signed by an attorney of record who is an active member of the Oregon State Bar. If a party is not represented by an attorney, the party shall sign the petition, answer, motion or other paper and state the address of the party. Only petitions need be verified. Motions must be accompanied by an affidavit unless the parties agree otherwise.
(2) If a petition, answer, motion or other paper is not signed, it must be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant.
(3)(a) Except as otherwise provided in paragraph (d) of this subsection, by signing, filing or otherwise submitting an argument in support of a petition, answer, motion or other paper, an attorney or party makes the certifications to the court identified in paragraphs (b), (c) and (d) of this subsection and further certifies that the certifications are based on the person’s reasonable knowledge, information and belief formed after the making of any inquiry that is reasonable under the circumstances.
(b) A party or attorney certifies that the petition, answer, motion or other paper is not being presented for any improper purpose including, but not limited to, harassing or causing unnecessary delay or needless increase in the cost of litigation.
(c) An attorney certifies that the claims and other legal positions taken in the petition, answer, motion or other paper are warranted by existing law or by a nonfrivolous argument for the extension, modification or reversal of existing law or the establishment of new law.
(d) A party or attorney certifies that the allegations and other factual assertions in the petition, answer, motion or other paper are supported by evidence. An allegation or other factual assertion that the party or attorney does not wish to certify is supported by evidence must be specifically identified. The party or attorney certifies that the party or attorney reasonably believes that an allegation or other factual assertion so identified will be supported by evidence after further investigation and discovery. [2001 c.622 §20]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.869 - Responding to pleadings; time limit.

(1) No later than 30 days after a petition alleging jurisdiction under ORS 419B.100 is filed, each party about whom allegations have been made shall admit or deny the allegations. Unless the court specifies how admissions or denials are to be made pursuant to ORS 419B.800, admissions and denials may be made orally in court or in writing.
(2) Allegations in a petition that are not admitted or denied are denied. [2001 c.622 §21]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.872 - Amendment of pleadings.

(1) A petition, answer, motion or other paper may be amended by a party within a reasonable time before an adjudication on the petition, answer, motion or other paper. Whenever an amended petition, answer, motion or other paper is filed, it shall be served upon all parties. When the interests of justice require additional time to prepare, due to the amendments to the petition, answer, motion or other paper, the court shall grant such additional time as is reasonable.
(2) The court, on motion of an interested party or on its own motion, may at any time direct that the petition be amended. If the amendment results in a substantial departure from the facts originally alleged, the court shall grant such continuance as the interests of justice may require. [Formerly 419B.245]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.878 - Judicial inquiry and finding regarding whether child is Indian child.

(1) When a court conducts a hearing, the court shall inquire and make a finding, subject to the procedures under ORS 419B.636 (4), regarding whether a child is an Indian child.
(2) If the court enters an order described in ORS 419B.636 (4)(b) directing that the child be treated as an Indian child, the court shall enter an order requiring the Department of Human Services to comply with the inquiry and notice provisions of ORS 419B.636 and 419B.639. [2001 c.622 §22; 2020 s.s.1 c.14 §40; 2021 c.398 §76]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.884 - Depositions; procedure.

(1) After the commencement of a proceeding under ORS 419B.100 or 419B.500, a party may move the court for an order allowing a deposition to be taken to perpetuate the testimony of a witness who is:
(a) Outside 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. [Formerly 419B.315]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.887 - Objections at depositions; effect of failure to make timely objection; errors and irregularities in transcript preparation.

(1) As used in this section, "deposition" means a deposition taken under ORS 419B.884.
(2) Objections to the competency of a witness or to the competency, relevancy, or materiality of testimony are not waived by failure to make them before or during the taking of a deposition unless the ground for the objection is one that might have been obviated or removed if presented before or during the taking of the deposition.
(3) Unless seasonable objection is made at the time the deposition is taken, the following are waived:
(a) Errors and irregularities occurring at the oral examination in the manner of taking the deposition, in the form of the questions or answers, in the oath or affirmation or in the conduct of the parties; and
(b) Errors of any kind that might be obviated, removed or cured if promptly presented.
(4) Unless a motion to suppress the deposition or some part of the deposition is made with reasonable promptness after the error or irregularity is, or with due diligence might have been, ascertained, errors and irregularities in the manner in which the testimony is transcribed or the deposition is prepared, signed, certified, sealed, indorsed, transmitted and filed are waived. [2001 c.622 §23]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.890 - Dismissal of petition at end of petitioner’s case; settlement conference.

(1) After the proponent of the petition has completed the presentation of evidence, any other party, without waiving the right to offer evidence in the event the motion is not granted, may move for dismissal of any or all of the allegations of the petition on the ground that upon the facts and the law the proponent of the petition has failed to prove the allegations or, if proven, the allegations do not constitute a legal basis for the relief sought by the petition. The court may order dismissal of the petition or one or more of the allegations of the petition, or the court may decline to render any order until the close of all the evidence.
(2) Unless the court in its judgment of dismissal otherwise specifies, a dismissal under this section operates as an adjudication without prejudice.
(3) At any time at the request of a party or upon the court’s own motion, the court may order a settlement conference or, if funds are available for a mediator, mediation.
(4) If there is reason to know that the child or ward is an Indian child, prior to scheduling a settlement conference on jurisdiction, guardianship under ORS 419B.365 or 419B.366 or termination of parental rights under ORS 419B.500, the petitioner shall provide notice to the Indian child’s tribe pursuant to ORS 419B.639. In addition, the court shall provide notice to the Indian child’s tribe that includes a description of the settlement process, the procedure to schedule the settlement conference and the date that the hearing will occur if settlement is not reached. [2001 c.622 §24; 2020 s.s.1 c.14 §41]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.893 - Subpoenas generally.

(1) A subpoena is a writ or an order directed to a person and may require the attendance of the person at a particular time and place to testify as a witness on behalf of a particular party mentioned in the subpoena or may require the person to produce books, papers, documents or other tangible things and permit inspection of them at a particular time and place. A subpoena may be for a trial, a hearing of any kind or a deposition under ORS 419B.884. A subpoena requiring attendance to testify as a witness requires that the witness remain until the testimony is closed unless sooner discharged, but at the end of each day’s attendance a witness may demand of the party, or the party’s attorney, the payment of legal witness fees for the next following day and if not then paid, the witness is not obliged to remain longer in attendance. Every subpoena must state the name of the court and the title of the action.
(2) Any party may have compulsory attendance of witnesses or the compulsory production of records. [2001 c.622 §25; 2003 c.14 §227]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.896 - Subpoena for production of books, papers, documents and other tangible things.

A subpoena may command the person to whom it is directed to produce and permit inspection and copying, at the time and place specified in the subpoena, of designated books, papers, documents or other tangible things in the possession, custody or control of the person. A command to produce books, papers, documents or other tangible things and permit inspection of them may be joined with a command to appear at trial or hearing or, if the books, papers, documents or other tangible things are to be produced before trial, the command may be issued separately. A person commanded to produce and permit inspection and copying of designated books, papers, documents or other tangible things but not commanded to also appear for deposition under ORS 419B.884, hearing or trial may, within 14 days after service of the subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the party or attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials. If objection is made, the party serving the subpoena may not inspect and copy the materials except pursuant to an order of the court in whose name the subpoena was issued. If objection has been made, the party serving the subpoena, upon notice to the person commanded to produce, may move for an order to compel production. When a subpoena commands production of books, papers, documents or other tangible things, the court, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance with the subpoena, may:
(1) Quash or modify the subpoena if it is unreasonable and oppressive; or
(2) Condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents or other tangible things. [2001 c.622 §26; 2003 c.14 §228]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.899 - Issuance of subpoena.

(1) A subpoena may be issued:
(a) To require attendance before a court, at the trial of an issue in a court or, if separate from a subpoena commanding the attendance of a person, to produce and permit inspection of books, papers, documents or other tangible things. A subpoena may be issued under this paragraph:
(A) In blank by the clerk of the court in which the action is pending or, if there is no clerk, by a judge or justice of the court; or
(B) By an attorney of record of the party to the action in whose behalf the witness is required to appear, subscribed by the signature of the attorney.
(b) To require attendance at a deposition authorized under ORS 419B.884.
(c) To require attendance out of court in cases not provided for in paragraph (a) of this subsection, before a judge, justice or other officer authorized to administer oaths or take testimony in any matter under the laws of this state. A subpoena may be issued under this paragraph by the judge, justice or other officer before whom the attendance is required.
(2) Upon the request of a party or attorney, any subpoena issued by a clerk of court may be issued in blank and delivered to the party or attorney requesting it, who must fill it in before service.
(3) A subpoena to produce and permit inspection of records of a person who is not a party to the action must be served on the person and, if the person is represented, the person’s attorney at least 10 days before the subpoena is served on the keeper or custodian of the records. [2001 c.622 §27; 2003 c.14 §229]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.905 - Subpoena of incarcerated witness.

If a witness is confined in a prison or jail in this state, a subpoena may be served on the witness and attendance of the witness may be compelled. The subpoena and court order must be served upon the custodian of the witness. The court may order:
(1) Temporary removal and production of the witness for the purpose of giving testimony;
(2) That the witness be allowed to testify by telephone or closed-circuit television; or
(3) That the testimony of the witness be taken by deposition under ORS 419B.884 at the place of confinement. [2001 c.622 §29]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.908 - Witness fees; payment.

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 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. [Formerly 419B.320]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.911 - Failure to obey subpoena.

Disobedience to a subpoena or a refusal to be sworn or answer as a witness is punishable as contempt by the court before whom the action is pending or by the judge or justice issuing the subpoena. [2001 c.622 §30]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.914 - Proceeding when person entitled to service is not summoned and is not before court.

If the child or ward is before the court, the court has the power to proceed with the case without service upon those entitled to service under ORS 419B.812 to 419B.839 if diligent efforts have failed to reveal the identity or the whereabouts of the person, except that:
(1) No order entered pursuant to ORS 419B.500, 419B.502, 419B.504, 419B.506 and 419B.508 may be entered unless ORS 419B.518, 419B.521, 419B.524 and 419B.812 to 419B.839 are complied with.
(2) No order for support as provided in ORS 419B.400, 419B.402, 419B.404 and 419B.406 may be entered against a person unless that person is served as provided in ORS 419B.812 to 419B.839. [Formerly 419B.285; 2003 c.396 §95]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.918 - Manner of appearance.

(1) Notwithstanding ORS 419B.815, 419B.816, 419B.819 and 419B.820, on timely written motion of a person showing good cause, a court may permit the person, instead of appearing personally, to participate in any hearing related to a petition alleging jurisdiction under ORS 419B.100, a petition to establish a permanent guardianship under ORS 419B.365 or a petition seeking termination of parental rights under ORS 419B.500, 419B.502, 419B.504, 419B.506 or 419B.508 in any manner that complies with the requirements of due process including, but not limited to, telephonic or other electronic means.
(2) If a person who is summoned or ordered to appear under ORS 419B.815, 419B.816, 419B.819 or 419B.820 seeks to reschedule any hearing at which the person is required to appear, the person must:
(a) Appear personally at the time specified in the summons or order to request the change; or
(b) Include in the person’s written motion requesting the change the person’s current mailing address, to which the court may send notice of the new date for the hearing if the motion is granted.
(3) In any proceeding that involves the interstate placement of a child or ward, the court may:
(a) Permit a party from outside this state to provide information, testify or otherwise participate in the proceeding in any manner the court designates, provided the party complies with subsection (1) of this section, if applicable;
(b) Permit an attorney from outside this state representing any party to participate in the proceeding in any manner the court designates; and
(c) Obtain information or testimony in any manner the court designates from a state or private agency located in another state.
(4)(a) Notwithstanding subsections (1) and (3) of this section, a party to a proceeding involving an Indian child may move the court to permit the party or any witness for the moving party to participate remotely or to provide remote location testimony.
(b) Subject to ORS 45.400, the court may allow the moving party or a witness for the moving party to give remote location testimony.
(c) If the moving party will not be providing testimony and if facilities are available that would permit the moving party to participate remotely, the court shall allow the moving party to participate remotely.
(d) As used in this subsection:
(A) "Participate remotely" means to participate, other than by testifying, from a physical location outside of the courtroom of record via simultaneous electronic transmission.
(B) "Remote location testimony" has the meaning given that term in ORS 45.400.
(C) "Simultaneous electronic transmission" means television, telephone or any other form of electronic communication transmission if the form of transmission allows the court, the attorneys and the party participating remotely to communicate with each other during the proceeding. [2003 c.205 §13 (enacted in lieu of 419B.917); 2007 c.497 §9; 2007 c.611 §10; 2020 s.s.1 c.14 §42]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.920 - New hearings.

If it appears to the court that a person required to be summoned under ORS 419B.812 to 419B.839 was not served as required by ORS 419B.812 to 419B.839 or was served on such short notice that the person did not have a reasonable opportunity to appear at the time fixed, upon motion of the person, the court shall reopen the case for full consideration. A motion for a new hearing must be made not later than 10 days after entry of the order for which a new hearing is sought. [2001 c.622 §32]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.926 - Stay of order or judgment pending appeal.

(1) On its own motion or on the motion of a party, the court may stay the effect of any order or judgment made by it pending appeal as provided in ORS 19.335, 19.340 and 19.350 or other provision of law.
(2) This section does not limit the right of a party to a stay otherwise provided for by law. [2001 c.622 §34]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.929 - Enforcement of certain orders and judgments.

A court may enforce an order or judgment directing a party to perform a specific act by punishing the party refusing or neglecting to comply with the order or judgment, as for a contempt as provided in ORS 33.015 to 33.155. [2001 c.622 §35]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.950 - Educational program regarding federal and state adoption and child welfare laws; establishment; purpose.

The State Court Administrator shall establish a statewide program to educate judges who hear dependency cases under ORS chapter 419B about federal and state adoption and child welfare laws. The program shall include continuing legal education concerning changes in federal and state laws. The purpose of the program is to ensure that judges are knowledgeable about current adoption and child welfare laws, so that they may make decisions as to the best interests of a child. To that end, the State Court Administrator shall:
(1) Establish a program administering continuing legal education for judges who hear dependency cases under ORS chapter 419B.
(2) Conduct seminars for judges who hear dependency cases under ORS chapter 419B.
(3) Identify family law resources in the public and private sectors to administer continuing legal education on current adoption and child welfare laws. [1997 c.593 §1]
Note:
419B.950 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 419B 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 419B - Juvenile Code: Dependency › Section 419B.953 - Training and continuing education for caseworkers.

(1) The Department of Human Services shall, in consultation with the Department of Justice, develop and implement a training and continuing education curriculum for persons who are employed by the Department of Human Services as caseworkers that informs and instructs caseworkers about their roles in juvenile dependency proceedings for children and wards whose matters the caseworkers have responsibility for or for whom the caseworker provides services.
(2) The curriculum shall include instruction and materials presented by Department of Justice attorneys with expertise in juvenile dependency proceedings. The curriculum shall, in particular, address circumstances under which a caseworker may be engaging in the unlicensed practice of law and shall describe the parameters of the role that a caseworker may play in courtroom proceedings.
(3) The Department of Human Services shall require caseworkers to participate in continuing education at least once every four years that updates caseworkers on their roles in juvenile dependency proceedings. [2017 c.159 §1]
Note:
419B.953 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 419B 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.001 - Purposes of juvenile justice system in delinquency cases; audits.

(1) The Legislative Assembly declares that in delinquency cases, the purposes of the Oregon juvenile justice system from apprehension forward are to protect the public and reduce juvenile delinquency and to provide fair and impartial procedures for the initiation, adjudication and disposition of allegations of delinquent conduct. The system is founded on the principles of personal responsibility, accountability and reformation within the context of public safety and restitution to the victims and to the community. The system shall provide a continuum of services that emphasize prevention of further criminal activity by the use of early and certain sanctions, reformation and rehabilitation programs and swift and decisive intervention in delinquent behavior. The system shall be open and accountable to the people of Oregon and their elected representatives.
(2)(a) Programs, policies and services shall be regularly and independently audited. Audits performed under this subsection must include program audits and performance audits, as defined in ORS 297.070. Programs, policies and services that were established before, on or after June 30, 1995, are subject to audit under this subsection.
(b) The programs, policies and services of county juvenile departments shall be subject to regular review pursuant to this subsection.
(c) The Secretary of State shall perform an audit that includes the performance of county juvenile departments.
(d) ORS 297.405 to 297.555 do not apply to an audit conducted pursuant to this subsection.
(e) Notwithstanding ORS 297.040, the costs and expenses of audits conducted under this subsection may not be charged to the county juvenile departments. The Secretary of State shall pay the costs and expenses of audits conducted under this subsection from funds available to the Secretary of State.
(3) To facilitate an audit under subsection (2) of this section:
(a) The Secretary of State may subpoena witnesses, require the production of books and papers and the rendering of reports in such manner and form as the Secretary of State requires and may do all things necessary to secure a full and thorough investigation.
(b) The custodian of information that the Secretary of State deems necessary to conduct the audit shall provide the Secretary of State or the auditor selected by the Secretary of State access to the information notwithstanding the fact that the information may be made confidential or access to the information restricted by ORS 419A.255 or another law. Information obtained by the Secretary of State or the auditor pursuant to this paragraph and made confidential by ORS 419A.255 or another law may be used by the Secretary of State, the officers and employees of the Secretary of State or the auditor solely for the purpose of performing the audit required by subsection (2) of this section and may not be used or disclosed for any other purpose. [1995 c.422 §1a; 2001 c.904 §16; 2007 c.688 §1]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.005 - Jurisdiction.

(1) The juvenile court has exclusive original jurisdiction in any case involving a person who is under 18 years of age and who has committed an act that is a violation, or that if done by an adult would constitute a violation, of a law or ordinance of the United States or a state, county or city.
(2) The provisions of subsection (1) of this section do not prevent a court of competent jurisdiction from entertaining a civil action or suit involving a youth.
(3) The court does not have jurisdiction as provided in subsection (1) of this section after a minor has been emancipated pursuant to ORS 419B.550 to 419B.558.
(4) The court’s jurisdiction over a person under this section or ORS 419C.067 continues until one of the following occurs:
(a) The court dismisses a petition filed under this chapter or waives the case under ORS 419C.340. If jurisdiction is based on a previous adjudication, then dismissal or waiver of a later case does not terminate jurisdiction under the previous case unless the court so orders.
(b) The court transfers jurisdiction of the case as provided in ORS 419C.053, 419C.056 and 419C.059.
(c) The court enters an order terminating jurisdiction.
(d) The person becomes 25 years of age.
(e) The court places the person under the jurisdiction of the Psychiatric Security Review Board as provided in ORS 419C.529. If the court also has jurisdiction over the person based on a previous adjudication under this chapter or ORS chapter 419B, placing a person under the jurisdiction of the board in a later case does not terminate wardship under the previous case unless the court so orders. [1993 c.33 §149; 1995 c.422 §73; 2003 c.396 §98; 2005 c.843 §7; 2019 c.634 §14]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.007 - Suspension or revocation of driving privileges.

If a juvenile court finds a youth to be within the jurisdiction of the court under ORS 419C.005 because the youth committed an act that, if committed by an adult, would constitute an offense that is a ground for suspension or revocation of driving privileges upon conviction of the offense, the order of the court finding the youth to be within the jurisdiction of the court constitutes a ground for suspension or revocation of the youth’s driving privileges. [2008 c.49 §2]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.010 - Extradition.

(1) The provisions of this chapter shall not apply to a youth who, while under the age of 18 years, commits an act which is a violation, or which if done by an adult would constitute a violation, of a law or ordinance of this state or any of its political subdivisions, punishable by imprisonment, and thereafter flees from this state.
(2) The youth described in subsection (1) of this section may be proceeded against in the manner provided in ORS 133.743 to 133.857.
(3) Upon the return of the youth described in subsection (1) of this section to this state by extradition or otherwise, any proceedings against the youth shall be commenced in the same manner as provided in this chapter.
(4) If a youth described in subsection (1) of this section has fled to a state which has adopted the Rendition Amendment to the Interstate Compact for Juveniles, the return of the youth shall be sought in accordance with the provisions of that compact. [1993 c.33 §150; 2019 c.382 §23]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.013 - Venue.

(1)(a) Except as otherwise provided in this subsection, a juvenile proceeding based on allegations of jurisdiction under ORS 419C.005 shall commence in either the county where the youth resides or the county in which the alleged act was committed.
(b) A juvenile proceeding described in paragraph (a) of this subsection that is subject to a waiver hearing under ORS 419C.349 (1) shall commence in the county where the alleged act was committed and may not be transferred under ORS 419C.050, 419C.053 or 419C.056 unless:
(A) The court determines that the case may not be waived under ORS 419C.349; or
(B) The state stipulates that it will not file a motion requesting waiver under ORS 419C.349 (1).
(2) Notwithstanding the provisions of ORS 34.320, an application for a writ of habeas corpus brought by or on behalf of a person who has been committed or placed in a youth correction facility which attacks the validity of the order of commitment shall be brought in the county in which the court that entered the order of commitment is located. [1993 c.33 §151; 1995 c.422 §73a; 2021 c.240 §1]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.020 - Notice to parents or guardian of youth; when given; contents.

(1) At the first appearance by the parents or guardian of a youth before the court, the court shall inform the parents or guardian verbally and provide a standard notice describing:
(a) The youth’s right to court-appointed counsel at state expense;
(b) The right of the parents or guardian to appeal a decision on jurisdiction or disposition made by the court;
(c) The time for filing an appeal of a decision by the court;
(d) That neither the youth nor the youth’s parents or guardian may be asked or ordered to pay administrative costs associated with the youth’s involvement with the court, probation, detention or Oregon Youth Authority services, including but not limited to applications for court-appointed counsel, court-appointed counsel attorney fees and costs associated with legal representation, collection referral fees, transaction assessments, copy fees, fees for applications for expunction of records, juvenile sex offender reporting fees, electronic payment fees or fees for checks that are returned for insufficient funds; and
(e) The court’s obligation to consider assessment of restitution, including establishing a payment schedule and finding satisfaction of a restitution judgment, under ORS 419C.450.
(2) The Judicial Department shall prepare and provide the standard notice required under subsection (1) of this section.
(3) The court shall place a notation in the record of the case of the date that the parents or guardian were provided information under this section. [1997 c.748 §4; 2003 c.396 §99; 2021 c.597 §12]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.025 - Appearance by telephone or closed-circuit television.

(1) Except as provided in subsection (2) of this section, when a person is directed to appear before the court in a proceeding under this chapter, the person may appear by telephone or closed-circuit television as long as all parties having an interest in the proceeding have access to the telephone or television circuit used for the appearance and as long as the appearance is made publicly audible within the courtroom of the court under whose authority the hearing is held.
(2) A person may not appear before the court as provided in subsection (1) of this section if:
(a) The proceeding is a contested adjudication;
(b) The proceeding is a contested waiver hearing;
(c) The proceeding is a contested dispositional hearing;
(d) The person has been issued a summons under ORS 419C.306 (2); or
(e) The person who is the subject of the proceeding objects to appearance by telephone or closed-circuit television and the court finds that such appearance would be detrimental to the best interest of the person making the objection.
(3) A person who appears before the court under subsection (1) of this section shall be provided with the opportunity to consult privately with counsel during the proceeding. [2003 c.687 §11]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.030 - Screening for sex trafficking victims; resource referral.

(1) As soon as practicable after a youth or adjudicated youth is taken into custody under this chapter or, if the youth or adjudicated youth is not taken into custody, at the point of intake, a county juvenile department shall ensure that the youth or adjudicated youth is screened to determine whether the youth or adjudicated youth is a victim of sex trafficking. If the screening indicates that the youth or adjudicated youth is or has been a victim of sex trafficking, the screener shall immediately report the suspected sex trafficking as required under ORS 419B.010 and the county juvenile department shall ensure that the youth or adjudicated youth is referred to appropriate resources, including access to a special advocate.
(2) The Department of Justice:
(a) In consultation with the advisory committee appointed by the department under ORS 147.480, the Department of Human Services and the Oregon Youth Authority, shall maintain and make available to each county juvenile department a regularly updated list of referral resources.
(b) In consultation with the advisory committee appointed by the Department of Justice under ORS 147.480, shall develop and provide training on the use of a standardized screening tool required to be used by a county juvenile department in carrying out the county juvenile department’s duties under this section.
(3) Each county juvenile department shall ensure that all staff of the county juvenile department who work directly with youths or adjudicated youths complete the screening tool training developed by the Department of Justice under this section. [2023 c.187 §2]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.050 - Transfer to juvenile court from another court.

If during the pendency of a proceeding involving an allegation of a crime in any court other than a juvenile court it is ascertained that the age of the person who is the subject of the proceeding is such that the matter is within the exclusive jurisdiction of the juvenile court, it is the duty of the court in which the proceeding is pending to transfer the proceeding to the juvenile court of the county in which the proceeding is pending. The clerk of the court transferring the proceeding shall notify the clerk of the juvenile court of the transfer. [1993 c.33 §152; 1995 c.422 §73b; 2017 c.252 §20; 2019 c.634 §15]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.053 - Transfer to court of county of youth’s residence.

(1) A court, on its own motion or on the motion of a party made at any time prior to disposition, may transfer a proceeding to the court of the county where a youth resides if:
(a) The proceeding was initiated in a court of a county other than the county where the youth resides;
(b) The residence of the youth changes during the proceeding; or
(c) The youth has been adjudicated to be within the jurisdiction of the court under ORS 419C.005 (1), and other proceedings involving the youth are pending in the county of the youth’s residence.
(2) The clerk of a court transferring a proceeding under this section shall notify the court to which the proceeding is transferred.
(3) Notwithstanding subsection (1) of this section, if a youth has no ascertainable residence in any county in this state, the court of the county wherein a proceeding is initiated may adjudicate any petition under ORS 419C.005 (1). [1993 c.33 §153; 1995 c.422 §73c; 2017 c.252 §21]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.056 - Transfer of jurisdiction by court in county of youth’s residence.

When a juvenile court proceeding is pending in a county other than the county in which the youth resides and the case is transferable, the juvenile court of the county in which the youth resides may authorize the court in which the case is pending to proceed with the case in either of the following ways, when it will facilitate disposition of the case without adverse effect on the interests of the youth:
(1) The court may hear, determine and dispose of the case in its entirety; or
(2) The court may, prior to transferring the case:
(a) Conduct a hearing into the facts alleged to bring the youth within the jurisdiction of the juvenile court;
(b) Determine the facts;
(c) Enter an order including the court’s findings; and
(d) Notify the juvenile court of the county in which the youth resides. [1993 c.33 §154; 2017 c.252 §22]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.058 - Transfer of jurisdiction to tribal court.

(1) With the approval of the Chief Justice of the Supreme Court, the presiding judge of the twenty-second judicial district and, for cases arising in Wasco County or Hood River County, the presiding judge of the seventh judicial district may enter into a memorandum of understanding with the Confederated Tribes of Warm Springs regarding the adjudication and disposition of youths and adjudicated youths.
(2) A memorandum of understanding entered into under subsection (1) of this section may allow the juvenile court of the judicial district:
(a) To waive its jurisdiction over a youth and transfer the case, notwithstanding ORS 419C.005, to the jurisdiction of the tribal court of the Confederated Tribes of Warm Springs for adjudication; or
(b) After finding the youth to be within its jurisdiction under ORS 419C.005, to transfer the case to the tribal court of the Confederated Tribes of Warm Springs for disposition.
(3) A memorandum of understanding entered into under subsection (1) of this section applies only to youths or adjudicated youths who are enrolled members of a federally recognized tribe and who reside on the Warm Springs Reservation.
(4) A memorandum of understanding entered into under subsection (1) of this section may contain, but is not limited to, provisions relating to:
(a) The duration of the memorandum of understanding;
(b) The cases that are subject to transfer;
(c) Who may request a transfer;
(d) The custody of a youth or adjudicated youth after transfer; and
(e) The sharing of information about a case after it has been transferred. [2003 c.415 §2; 2015 c.175 §1; 2021 c.489 §61]