reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.059 - Facilitation of disposition; interests of youth; authority of court where proceeding pending to allow other county to conduct hearing or assume jurisdiction.

(1) When a proceeding is pending in the juvenile court of any county, the juvenile court of that county may authorize the juvenile court of any other county to do one or both of the following, when it will facilitate the disposition of the case without adverse effect on the interests of the youth:
(a) The court may:
(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 court in which the case is pending.
(b) The court may assume jurisdiction over the case and administer probation or protection supervision of the youth, when the court in which the proceeding is pending:
(A) Finds that the youth has moved to the other county or orders as part of its disposition of the proceeding that legal custody of the youth be given to a person residing in the other county; and
(B) Is advised that the court of the other county will accept jurisdiction of the case.
(2) The cost of administering probation or protective supervision of the youth shall be paid by the county accepting jurisdiction under subsection (1)(b) of this section, unless the transferring and receiving counties otherwise agree. The cost of transporting the youth shall be paid by the county transferring jurisdiction, unless the transferring and receiving counties otherwise agree. [1993 c.33 §155; 2017 c.252 §23]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.065 - Transportation of youth whose case is transferred.

If the youth who is the subject of the proceeding is, at the time of the transfer or temporary transfer provided for in ORS 419C.053, 419C.056 or 419C.059, in detention or shelter care or for other reason needs transportation to the other county, the county in which the youth resides shall make such order or provision for the transportation and safekeeping of the youth as is appropriate in the circumstances, including an order directing any peace officer of the county in which the youth resides to transfer the youth in the manner directed. [1993 c.33 §157]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.067 - Case transferred to juvenile court after verdict in criminal court.

When a case is transferred to the juvenile court under ORS 137.707, the juvenile court shall enter an order finding the youth within the jurisdiction of the court under ORS 419C.005 based on the verdict in the criminal court. The juvenile court’s order has the same effect as an adjudication under ORS 419C.400. [1995 c.422 §82]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.080 - Custody; when authorized.

(1) A peace officer, or any other person authorized by the juvenile court of the county in which the youth is found, may take a youth into custody in the following circumstances:
(a) When, if the youth were an adult, the youth could be arrested without a warrant; or
(b) When the juvenile court, by order indorsed on the summons as provided in ORS 419C.306 or otherwise, has ordered that the youth be taken into custody.
(2) In any order issued under subsection (1)(b) of this section that may result in a substitute care placement or detention, the court shall include a written finding describing why it is in the best interests of the youth to be taken into custody.
(3) A peace officer or person authorized by the juvenile court shall take a youth into custody if the peace officer or person authorized by the juvenile court has probable cause to believe that the youth, while in or on a public building or court facility within the last 120 days, possessed a firearm or destructive device in violation of ORS 166.250, 166.370 or 166.382. [1993 c.33 §158; 1993 c.546 §59; 1997 c.727 §1; 1999 c.577 §3; 1999 c.1095 §13; 2001 c.686 §8]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.085 - Citation in lieu of custody.

In lieu of taking a youth into custody, a peace officer may issue a citation to a youth for the same offenses and under the same circumstances that a citation may be issued to an adult. Unless the citation is issued for violation of law or ordinance for which an order has been entered pursuant to ORS 419C.370, the citation is returnable to the juvenile court of the county in which the citation is issued. Law enforcement agencies in a county, in consultation with the juvenile court of the county, may develop a form for citations issued pursuant to this section. The peace officer shall send a copy of the citation to the district attorney. [1993 c.33 §159; 2001 c.870 §16]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.088 - Custody by private person.

A private person may take a youth into custody in circumstances where, if the youth were an adult, the person could arrest the youth. [1993 c.546 §160; 1993 c.33 §60; 1997 c.727 §2]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.091 - Custody not arrest.

(1) Custody under ORS 419C.080 and 419C.088 shall not be deemed an arrest so far as the youth is concerned. All peace officers shall keep a record of youths taken into custody and shall promptly notify the juvenile court or counselor of all youths taken into custody.
(2) A peace officer taking a youth into custody has all the privileges and immunities of a peace officer making an arrest. [1993 c.33 §161; 1993 c.546 §61; 1997 c.727 §3]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.094 - Jurisdiction attaches at time youth taken into custody.

Except as otherwise provided in ORS 419C.103 (3) and (4), the jurisdiction of the juvenile court of the county in which a youth is taken into custody under ORS 419C.080 and 419C.088 shall attach from the time the youth is taken into custody. [1993 c.33 §162; 1993 c.546 §62; 1997 c.727 §4; 1999 c.577 §9]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.097 - Notice to parents, victim.

(1) As soon as practicable after the youth is taken into custody under ORS 419C.080 and 419C.088, the person taking the youth into custody shall notify the youth’s parent, guardian or other person responsible for the youth. The notice shall inform the parent, guardian or other person of the action taken and the time and place of the hearing.
(2) If the victim requests, the district attorney or juvenile department shall notify the victim of the time and place of the hearing. [1993 c.33 §163; 1993 c.320 §2; 1993 c.546 §63; 1997 c.727 §5; 2007 c.609 §11]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.100 - Release of youth taken into custody; exceptions.

The person taking the youth into custody under ORS 419C.080 and 419C.088 shall release the youth to the custody of the youth’s parent, guardian or other responsible person in this state, except in the following cases:
(1) When the court has issued a warrant of arrest against the youth.
(2) When the person taking the youth into custody has probable cause to believe that release of the youth may endanger the welfare of the youth, the victim or others.
(3) When the person taking the youth into custody has probable cause to believe that the youth, while in or on a public building or court facility within the last 120 days, possessed a firearm or destructive device in violation of ORS 166.250, 166.370 or 166.382. [1993 c.33 §164; 1993 c.546 §64; 1997 c.727 §6; 1999 c.577 §4; 1999 c.615 §2; 1999 c.1095 §14; 2007 c.609 §12]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.106 - Report required when youth is taken into custody.

(1) Except where the youth is taken into custody pursuant to an order of the court, the person taking the youth into custody under ORS 419C.080 and 419C.088 shall promptly file with the court or a counselor a brief written report stating all of the following:
(a) The youth’s name, age and address.
(b) The name and address of the person having legal or physical custody of the youth.
(c) Efforts to notify the person having legal or physical custody of the youth and the results of those efforts.
(d) Reasons for and circumstances under which the youth was taken into custody and, if known, the name and contact information of any victim.
(e) If the youth is not taken to court, the placement of the youth.
(f) If the youth was not released, the reason why the youth was not released.
(g) If the youth is not taken to court, why the type of placement was chosen.
(2) The person taking the youth into custody under ORS 419C.080 and 419C.088 shall also send a copy of the report under subsection (1) of this section to the district attorney. [1993 c.33 §166; 1993 c.546 §66; 1997 c.727 §8; 2001 c.870 §17; 2007 c.609 §13]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.125 - Detention in place where adults are detained of certain persons alleged to be within court’s jurisdiction.

(1) A juvenile court may order a person who is 18 years of age or older and alleged to be within the jurisdiction of the juvenile court under ORS 419C.005 to be detained in a jail or other place where adults are detained only in those circumstances in which the juvenile court could detain a youth before adjudication on the merits in a detention facility.
(2) In order to detain a person under subsection (1) of this section, the court shall make case-specific findings at a hearing under ORS 419C.145 that placement in a jail or other place where adults are detained meets the specific needs of the person alleged to be within the jurisdiction of the court.
(3) The court may not detain a person under subsection (1) of this section unless, except for the person’s age, the court would detain the person under ORS 419C.145 (2).
(4) The provisions of ORS 419C.153 apply to a person detained under subsection (1) of this section except that a person detained under subsection (1) of this section has the right to appear in person at any hearing held under ORS 419C.153.
(5) The provisions of ORS 419C.150 apply to a person detained under subsection (1) of this section.
(6) 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. [2003 c.442 §2]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.130 - Youth or adjudicated youth may not be detained where adults are detained; exceptions.

(1) A youth or adjudicated youth may not be detained at any time in a police station, jail, prison or other place where adults are detained, except as follows:
(a) A youth or adjudicated youth may be detained in a police station for up to five hours when necessary to obtain the youth or adjudicated youth’s name, age, residence and other identifying information.
(b) A youth waived under ORS 419C.349 or 419C.364 to the court handling criminal actions or to municipal court may be detained in a jail or other place where adults are detained if:
(A) The youth is at least 16 years of age; and
(B) The director of the county juvenile department and the sheriff, or other official responsible for the jail or other place, agree to detain the youth in a jail or other place where adults are detained.
(c) When detention is authorized by ORS 419C.453, an adjudicated youth may be detained in a jail or other place where adults are detained.
(2) A youth waived to the court handling criminal actions or to municipal court pursuant to a standing order of the juvenile court under ORS 419C.370, including a youth accused of nonpayment of fines, may not be detained in a jail or other place where adults are detained.
(3) 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 §167; 1993 c.546 §115; 2003 c.442 §4; 2011 c.122 §2; 2021 c.489 §62]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.133 - Detention of youth under 12 years of age; judicial review required.

No youth under 12 years of age shall be placed in detention except pursuant to judicial review and written findings describing why it is in the best interests of the youth to be placed in detention. Such review may be ex parte, and the youth does not need to be present. However, a juvenile court judge or referee must determine that the youth is eligible for detention under ORS 419C.145 or 419C.156 and that appropriate alternative methods of controlling the youth’s behavior are unavailable. A youth detained under this section shall have the right to a hearing as provided in ORS 419C.153. [1993 c.33 §168; 2001 c.686 §9]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.136 - Temporary hold to develop release plan; duration.

If a parent, guardian or other person responsible for the youth cannot be found or will not take responsibility for the youth, no appropriate shelter care space is available and the youth cannot be released safely on recognizance or conditionally, a youth who is accused of an act which would be a crime if committed by an adult may be detained for a period of time not exceeding 36 hours from the time the youth first is taken into custody to allow the juvenile department counselor or other person designated by the juvenile court to develop a release plan to insure the youth’s safety and appearance in court. Such detention shall conform to the limitations of ORS 419C.130. [1993 c.33 §170; 1995 c.422 §73e]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.139 - Speedy hearing on detention cases.

No youth shall be held in detention or shelter care more than 36 hours, excluding Saturdays, Sundays and judicial holidays, except on order of the court made pursuant to a hearing under ORS 419C.109 (3), 419C.145, 419C.150, 419C.153, 419C.156 and 419C.159. [1993 c.33 §171; 1995 c.422 §73f; 1999 c.577 §7]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.142 - Notice of detention hearing.

(1) Whenever a hearing concerning the detention of a youth under this chapter is held, notice of the hearing shall be given to:
(a) The youth;
(b) If any can be found, to a parent or guardian of the youth or to any other person responsible for the youth; and
(c) If the victim requests notice, the victim.
(2) The notice shall state the time, place and purpose of the hearing. If a parent, guardian or other person cannot be found and personally notified prior to the hearing, a written notice of the hearing shall be left at the residence, if known, of a parent, guardian or other person. [1993 c.33 §172; 2007 c.609 §14]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.153 - Detention review or release hearing.

(1) Except as provided in subsection (2) of this section, any youth ordered detained under ORS 419C.145, 419C.150 and 419C.156 shall have a review hearing at least every 10 days, excluding Saturdays, Sundays and judicial holidays. At the review hearing the court shall determine whether sufficient cause exists to require continued detention of the youth. In addition, the court may review and may confirm, revoke or modify any order for the detention or release of the youth under this section or ORS 419C.109, 419C.136, 419C.139, 419C.145, 419C.150 or 419C.156 and, in the event that the youth is alleged to have committed an offense which if committed by an adult would be a misdemeanor or Class C felony, may do so ex parte. Release of a youth may not be revoked, however, except upon a finding that the youth may be detained under this section or ORS 419C.145, 419C.150 and 419C.156, and after a hearing is held in accordance with ORS 419C.109, 419C.136 and 419C.139.
(2)(a) Any youth detained under ORS 419C.145, 419C.150 and 419C.156 in whose case the state has filed a request for a waiver hearing under ORS 419C.349 (1) shall have a review hearing every 30 days at which:
(A) The court shall require the parties to describe the efforts made toward expeditious case resolution, considering public safety and the youth’s continued placement in detention as paramount concerns, and the court shall identify opportunities for judicial intervention to assist the parties with resolution of any outstanding issues; and
(B) The court may, upon the request of the youth or at the discretion of the court, determine whether sufficient cause exists to require continued detention of the youth. In addition, the court may review and may confirm, revoke or modify any order for the detention or release of the youth under this subsection or ORS 419C.109, 419C.136, 419C.139, 419C.145, 419C.150 or 419C.156. Release of a youth may not be revoked, however, except upon a finding that the youth may be detained under this section or ORS 419C.145, 419C.150 or 419C.156, and after a hearing is held in accordance with ORS 419C.109, 419C.136 and 419C.139.
(b) Upon filing with the court of a written waiver signed by the youth and the youth’s counsel, the court may waive the youth’s presence at a review hearing under this subsection.
(3) If a youth intends to request release at a review hearing under subsection (1) or (2) of this section, the youth’s counsel must notify the district attorney of the youth’s intent to request release at least five days prior to the date of the review hearing.
(4) If a victim requests, the district attorney or juvenile department shall notify the victim of a review hearing under subsection (1) or (2) of this section. [1993 c.33 §175; 2003 c.687 §12; 2007 c.609 §16; 2021 c.241 §2]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.156 - Detention of runaway from another state.

(1) As used in this section:
(a) "Home state" means any other state, territory or outlying possession of the United States where an out-of-state runaway’s parent, legal guardian or custodial agency is located.
(b) "Out-of-state runaway" means a person who is younger than the juvenile jurisdictional age limit established by the person’s home state, who has voluntarily left the home state without the permission of the person’s parent, legal guardian or custodial agency and who may or may not have been adjudicated in the home state.
(2) Notwithstanding any provisions in ORS chapter 419A, 419B or 419C prohibiting the detention of youths, if the court determines that a youth is an out-of-state runaway, the court may place the out-of-state runaway in a placement that the court determines to be the least restrictive setting, including detention, necessary to ensure that the out-of-state runaway is not a danger to self or others pending the return of the out-of-state runaway to the out-of-state runaway’s home state.
(3) Nothing in ORS chapter 419A, 419B or 419C limits or affects the ability of a court to place an out-of-state runaway in detention in accordance with the Interstate Compact for Juveniles as set forth in ORS 417.030. [1993 c.33 §176; 2001 c.686 §11; 2019 c.382 §17]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.159 - Escape; punishment.

Any youth 12 years of age or older, alleged to be within the jurisdiction of the juvenile court by reason of having committed an act which would be a crime if committed by an adult, who escapes from a juvenile detention facility as defined in ORS 419A.004 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 commits a violation punishable by placement in a detention facility for youths for a specific period of time not to exceed eight days, in addition to time already spent in the facility, when such punishment is ordered by the juvenile court pursuant to ORS 419C.453. [1993 c.33 §177]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.170 - Time limitations on shelter care.

No youth shall be held in shelter care more than 36 hours, excluding Saturdays, Sundays and judicial holidays, except on order of the court made pursuant to a hearing under ORS 419C.145, 419C.150, 419C.153 and 419C.156. [1993 c.33 §178; 1995 c.422 §73h]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.173 - Evidentiary hearing.

(1) When the youth is taken, or is about to be taken, into temporary custody pursuant to ORS 419C.080 and 419C.088 and placed in shelter care, a parent or youth shall be given the opportunity to present evidence to the court at the hearing specified in ORS 419C.170, and at any subsequent review hearing, that the youth can be returned home without further danger of suffering physical injury or emotional harm, endangering or harming others, or not remaining within the reach of the court process prior to adjudication.
(2) If the victim requests, the district attorney or juvenile department shall notify the victim of a hearing under this section.
(3) At the hearing:
(a) The court shall make a written finding as to whether reasonable efforts have been made, considering the circumstances of the youth’s conduct, to prevent or eliminate the need for removal of the youth from the home;
(b) In determining whether a youth shall be removed or continued out of the home, the court shall consider whether the provision of reasonable and available services can prevent or eliminate the need to remove the youth from the home; and
(c) The court shall make a written finding in every order of removal that it is in the best interest of the youth and the community that the youth be removed from the home or continued in care. [1993 c.33 §179; 1993 c.295 §6; 1993 c.546 §131; 1999 c.92 §1; 2007 c.609 §17]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.176 - Conditional release by court.

If the court finds that release of the youth on the youth’s own recognizance is unwarranted and if probable cause exists to believe that the youth may be detained under ORS 419A.063, 419C.145 or 419C.453, the court may make a conditional release of the youth subject to such conditions as will protect the safety of the youth, the victim, other persons and the community and insure the youth’s appearance in court. [1993 c.33 §180; 2007 c.609 §18]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.179 - Release security provisions not applicable.

Provisions regarding security for release in criminal cases shall not be applicable to youths held or taken into custody as provided in this chapter. [1993 c.33 §181; 1999 c.1051 §271]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.200 - Court-appointed counsel for youth; waiver.

(1)(a) When a petition is filed under ORS 419C.005, the court:
(A) Shall appoint counsel to represent the youth at all stages of the proceeding if the offense alleged in the petition is classified as a crime.
(B) Shall appoint counsel for the youth at any proceeding concerning an order of probation.
(C) Notwithstanding subparagraph (A) or (B) of this paragraph, shall appoint counsel for the youth in any case in which the youth would be entitled to appointed counsel if the youth were an adult charged with the same offense.
(D) May appoint counsel for the youth in any other proceeding under ORS 419C.005.
(b) The court may not substitute one appointed counsel for another except pursuant to the policies, procedures, standards and guidelines of the Oregon Public Defense Commission.
(2)(a) A court may not accept a waiver of counsel by a youth except under the following circumstances:
(A) The youth is at least 16 years of age;
(B) The youth has met with and been advised regarding the right to counsel by counsel who has been appointed by the court or retained on behalf of the youth;
(C) A written waiver, signed by both the youth and the youth’s counsel, is filed with the court; and
(D) A hearing is held on the record where the youth’s counsel appears and the court, after consulting with the youth, finds the waiver was knowingly, intelligently and voluntarily made and not unduly influenced by the interests of others, including the interests of the youth’s parents or guardians.
(b) This subsection does not apply to a youth entering into a formal accountability agreement under ORS 419C.230.
(3) Upon presentation of the order of appointment under this section by the counsel for the youth, any agency, hospital, school organization, division or department of the state, doctor, nurse or other health care provider, psychologist, psychiatrist, police department or mental health clinic shall permit the counsel to inspect and copy any records of the youth or youths involved in the case, without the consent of the youth or youths or parents. This subsection does not apply to records of a police agency relating to an ongoing investigation prior to charging. [1993 c.33 §182; 1993 c.234 §2; 1993 c.546 §68; 2001 c.962 §49; 2003 c.449 §§12,48; 2017 c.389 §1; 2021 c.597 §13; 2023 c.281 §68]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.206 - Compensation for counsel.

When the court appoints counsel for a youth, the compensation for counsel and reasonable fees and expenses of investigation, preparation and presentation paid or incurred shall be determined and paid as provided in ORS 135.055. [1993 c.33 §184; 2001 c.962 §51; 2003 c.449 §31; 2021 c.597 §14]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.209 - Applicability of other laws.

Appointment of counsel for the youth or parent is subject to ORS 135.055, 151.216 and 151.219. [1993 c.33 §186; 2001 c.962 §52]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.220 - Appointment of surrogate.

(1) Upon the request of any party, the court shall appoint a surrogate for a youth or adjudicated youth who is temporarily or permanently in the custody of, or committed to, a public or private agency through the action of the juvenile court if:
(a) The court finds that the youth or adjudicated youth may be eligible for special education programs because of a disabling condition as provided in ORS chapter 343;
(b) The youth or adjudicated youth does not already have a surrogate appointed by a school district or other educational agency; and
(c) The requesting party nominates a person who is willing to serve as the surrogate and who meets the requirements described in subsection (2) of this section.
(2) A surrogate appointed under this section:
(a) May not be an employee of the state educational agency, a school district or any other agency that is involved in the education or care of the youth or adjudicated youth;
(b) May not have a conflict of interest that would interfere with the surrogate representing the special education interests of the youth or adjudicated youth;
(c) Shall have knowledge and skills that ensure that the surrogate can adequately represent the youth or adjudicated youth in special education decisions; and
(d) May not be a person who is the youth’s or adjudicated youth’s parent, guardian or former guardian if:
(A) At any time while the youth or adjudicated youth was under the care, custody or control of the person, a court entered an order:
(i) Taking the youth or adjudicated youth into protective custody under ORS 419B.150; or
(ii) Committing the youth or adjudicated youth to the legal custody of the Department of Human Services for care, placement and supervision under ORS 419B.337; and
(B) The court entered a subsequent order that:
(i) The youth or adjudicated youth should be permanently removed from the person’s home, or continued in substitute care, because it was not safe for the youth or adjudicated youth to be returned to the person’s home, and no subsequent order of the court was entered that permitted the youth or adjudicated youth to return to the person’s home before the youth’s or adjudicated youth’s wardship was terminated under ORS 419B.328; or
(ii) Terminated the person’s parental rights under ORS 419B.500 and 419B.502 to 419B.524. [1993 c.33 §187; 2003 c.396 §100; 2005 c.662 §15; 2011 c.194 §9; 2021 c.489 §63]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.223 - Duties and tenure.

A person that is appointed surrogate for an adjudicated youth has the duty and authority to protect the due process rights of the adjudicated youth with respect to the provision of free appropriate public education. A surrogate appointed by the court shall immediately apply to the attending school district for an evaluation of the adjudicated youth’s eligibility for special education and shall participate in the development of the adjudicated youth’s educational plan as provided in ORS chapter 343. The duties and responsibilities of the surrogate shall continue until whichever of the following occurs first:
(1) The adjudicated youth is 21 years of age;
(2) The adjudicated youth is determined to be no longer eligible for special education; or
(3) The juvenile court terminates jurisdiction of the adjudicated youth and determines that the adjudicated youth’s parent or guardian is both known and available to protect the special educational rights of the adjudicated youth. [1993 c.33 §188; 2003 c.396 §101; 2021 c.489 §64]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.225 - Authorized diversion programs.

(1) Following a review of a police report and other relevant information, a county juvenile department may refer a youth to an authorized diversion program if the youth is eligible to enter into a formal accountability agreement under ORS 419C.230.
(2) An authorized diversion program may include a youth court, mediation program, crime prevention or chemical substance abuse education program or other program established for the purpose of providing consequences and reformation and preventing future delinquent acts.
(3) An authorized diversion program for a youth who is alleged to have committed an act that is a violation of ORS 813.010 must include an agreement that the youth will not use intoxicants while the youth is participating in the diversion program. [2001 c.485 §5; 2009 c.586 §1]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.226 - Youth courts.

(1) An organization may establish and operate a youth court only with the agreement and cooperation of a county juvenile department. To establish a youth court, the organization and the county juvenile department must enter into a written agreement that:
(a) Describes the types of cases that may be referred to the youth court;
(b) Establishes protocols for handling the cases, including time limits to be observed; and
(c) Establishes data collection and outcome reporting requirements.
(2) A youth court in existence on January 1, 2002, may continue to operate in the form in which it exists on January 1, 2002.
(3) A youth court may be described by other terms including, but not limited to, a peer court, teen court or peer jury. [2001 c.485 §6]
Note:
Section 2, chapter 250, Oregon Laws 2001, provides:
Sec. 2.
(1) Following a review of a police report and other relevant information, a county juvenile department may refer a youth to a youth court if the youth is eligible to enter into a formal accountability agreement under ORS 419C.230.
(2)(a) An organization may establish and operate a youth court only with the agreement and cooperation of a county juvenile department. To establish a youth court, the organization and the county juvenile department must enter into a written agreement that:
(A) Describes the types of cases to be referred to the youth court;
(B) Establishes protocols for handling the cases, including time limits to be observed; and
(C) Establishes data collection and outcome reporting requirements.
(b) A youth court in existence on the effective date of this 2001 Act [January 1, 2002] may continue to operate in the form in which it exists on the effective date of this 2001 Act.
(c) A youth court may be described by other terms including, but not limited to, a peer court, teen court or peer jury. [2001 c.250 §2]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.230 - Formal accountability agreements; when appropriate; consultation with victim.

(1) A formal accountability agreement may be entered into when a youth has been referred to a county juvenile department, and a juvenile department counselor has probable cause to believe that the youth may be found to be within the jurisdiction of the juvenile court for one or more acts specified in ORS 419C.005.
(2) Notwithstanding subsection (1) of this section, unless authorized by the district attorney, a formal accountability agreement may not be entered into when the youth:
(a) Is alleged to have committed an act that if committed by an adult would constitute:
(A) A felony sex offense under ORS 163.355, 163.365, 163.375, 163.385, 163.395, 163.405, 163.408, 163.411, 163.425 or 163.427; or
(B) An offense involving the use or possession of a firearm, as defined in ORS 166.210, or destructive device, as described in ORS 166.382; or
(b) Is being referred to the county juvenile department for a second or subsequent time for commission of an act that if committed by an adult would constitute a felony.
(3) The juvenile department must consult the victim before entering into a formal accountability agreement if:
(a) The victim has requested consultation in plea negotiations; and
(b) The formal accountability agreement involves an alleged act that if committed by an adult would constitute a violent felony.
(4)(a) The juvenile department may not require the youth or youth’s parent or guardian to pay any fee, cost or surcharge as a requirement of a formal accountability agreement.
(b) Notwithstanding paragraph (a) of this subsection, a youth or the 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 §189; 1995 c.422 §74; 1999 c.577 §8; 2007 c.609 §19; 2021 c.597 §20]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.233 - Nature of agreement.

A formal accountability agreement is a voluntary contract between a youth described in ORS 419C.230 and a juvenile department whereby the youth agrees to fulfill certain conditions in exchange for not having a petition filed against the youth. [1993 c.33 §190; 1995 c.422 §123]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.236 - Agreement may require counseling, community service, education, treatment or training; restitution.

(1) A formal accountability agreement may require participation in or referral to counseling, a period of community service, drug or alcohol education or treatment, vocational training or any other legal activity which in the opinion of the counselor would be beneficial to the youth.
(2) A formal accountability agreement may require that the youth make restitution to any person who was physically injured or who suffered loss of or damage to property as a result of the conduct alleged. Before setting the amount of restitution, the juvenile department shall consult with the victim concerning the amount of damage. Restitution does not limit or impair the right of a victim to sue in a civil action for damages suffered, nor shall the fact of consultation by the victim be admissible in such civil action to prove consent or agreement by the victim. However, the court shall credit any restitution paid by the youth to a victim against any judgment in favor of the victim in such civil action. [1993 c.33 §191; 1995 c.422 §124]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.237 - Agreement may require mental health evaluation.

If a youth enters into a formal accountability agreement under ORS 419C.230, and a juvenile department counselor has probable cause to believe that the youth may be found to be within the jurisdiction of the juvenile court for an act that would be a violation of ORS 167.315, 167.320, 167.322 or 167.333 if done by an adult, the agreement may provide for the youth to undergo psychiatric, psychological or mental health evaluation and, if warranted by the mental condition of the youth, undergo appropriate care or treatment. [2001 c.926 §5]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.239 - Requirements of agreement; disclosure.

(1) A formal accountability agreement shall:
(a) Be completed within a period of time not to exceed one year;
(b) Be voluntarily entered into by all parties;
(c) Be revocable by the youth at any time by a written revocation;
(d) Be revocable by the juvenile department in the event the department has reasonable cause to believe the youth has failed to carry out the terms of the formal accountability agreement or has committed a subsequent offense;
(e) Not be used as evidence against the youth at any adjudicatory hearing;
(f) Be executed in writing and expressed in language understandable to the persons involved;
(g) Be signed by the juvenile department, the youth, the youth’s parent or parents or legal guardian, and the youth’s counsel, if any; and
(h) Become part of the youth’s juvenile department record.
(2) Notwithstanding any other provision of law, the following information contained in a formal accountability agreement under ORS 419C.230 is not confidential and is not exempt from disclosure:
(a) The name and date of birth of the youth;
(b) The act alleged; and
(c) The portion of the agreement providing for the disposition of the youth. [1993 c.33 §192; 1995 c.422 §76; 1995 c.440 §4; 1997 c.615 §1; 2005 c.708 §53; 2009 c.595 §366; 2013 c.591 §8; 2016 c.24 §55; 2017 c.20 §5a; 2017 c.21 §105]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.242 - Revocation and modification of agreement.

(1) If a formal accountability agreement is revoked pursuant to ORS 419C.239, the juvenile department shall either extend the agreement pursuant to subsection (2) of this section or file a petition with the juvenile court, and an adjudicatory hearing may be held.
(2) If the juvenile department has reasonable cause to believe that the youth has failed to carry out the terms of the formal accountability agreement or has committed a subsequent offense, in lieu of revoking the agreement, the department may modify the terms of the agreement and extend the period of the agreement for an additional six months from the date on which the modification was made with the consent of the youth and the youth’s counsel, if any. The period of a formal accountability agreement may be extended only once under this subsection. [1993 c.33 §193; 1995 c.422 §125]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.245 - Right to counsel; waiver.

(1) The juvenile department counselor shall inform, in writing, a youth and the youth’s parents or guardians of the youth’s right to counsel and to appointed counsel at state expense. The right to counsel shall attach prior to the youth’s entering into a formal accountability agreement.
(2) The youth may waive the right to counsel prior to the youth’s entering into a formal accountability agreement, provided that:
(a) The youth’s juvenile department counselor has advised the youth of the youth’s right to counsel, in writing; and
(b) The waiver is in writing, signed by the youth and presented to the youth’s juvenile department counselor. [1993 c.33 §194; 1995 c.422 §126; 2001 c.962 §84; 2003 c.449 §14; 2017 c.389 §2; 2021 c.597 §15]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.250 - Who may file petition; form.

(1) The state, acting through the district attorney, Attorney General or, when authorized by the district attorney, the juvenile department counselor, may file a petition alleging that a youth is within the jurisdiction of the court as provided in ORS 419C.005.
(2) At any time after a petition is filed, the court may make an order providing for the temporary custody of the youth.
(3) The petition and all subsequent court documents in the proceeding shall be entitled, "In the Matter of________, a youth." The petition shall be in writing and verified upon the information and belief of the petitioner. [1993 c.546 §70 (enacted in lieu of 1993 c.33 §195); 1995 c.422 §77; 1999 c.59 §120]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.255 - Facts to be pleaded.

(1) The petition shall set forth in ordinary and concise language such of the following facts as are known and indicate any which are not known:
(a) The name, age and residence of the youth.
(b) The facts which bring the youth within the jurisdiction of the court as provided in ORS 419C.005.
(c) The name and residence of the youth’s parents or, if the youth has no parents or the names and residences of both parents are unknown, then the name and address of the youth’s guardian, if the youth has a guardian.
(d) The name and residence of the person having physical custody of the youth.
(2) A petition alleging jurisdiction under ORS 419C.005 shall set forth in addition the name of any person who was physically injured or who suffered loss of or damage to property as a result of the conduct alleged. [1993 c.33 §198; 2007 c.609 §20]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.258 - Service.

A true copy of the petition shall be served, together with the summons, upon all persons upon whom summonses are served under ORS 419C.300, 419C.303 and 419C.306. The petitioner, or an attorney for the petitioner, must certify on the copy that the copy is an exact and complete copy of the original summons and complaint. [1993 c.33 §199; 1995 c.273 §23]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.261 - Amendment and dismissal of petition.

(1) 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. When the court directs the amendment of a petition alleging that a youth has committed an act that would constitute a sex crime, as defined in ORS 163A.005, if committed by an adult, the court shall make written findings stating the reason for directing the amendment.
(2)(a) The court may set aside or dismiss a petition filed under ORS 419C.005 in furtherance of justice after considering the circumstances of the youth and the interests of the state in the adjudication of the petition.
(b) If the victim requests notice, the district attorney or juvenile department shall notify the victim of a hearing to amend the petition in advance of the hearing.
(c) When the court sets aside or dismisses a petition alleging that a youth has committed an act that would constitute a sex crime, as defined in ORS 163A.005, if committed by an adult, the court shall make written findings stating the reason for setting aside or dismissing the petition. [1993 c.33 §200; 1995 c.422 §77a; 2001 c.803 §7; 2007 c.609 §23; 2009 c.178 §24]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419C - Juvenile Code: Delinquency › Section 419C.270 - Application of criminal procedure laws.

In all proceedings brought under ORS 419C.005, the following rules of criminal procedure apply:
(1) ORS 133.402, 133.673, 133.693 and 133.703;
(2) ORS 135.455, 135.465 and 135.470;
(3) ORS 135.610, 135.630 (3) to (6), 135.640 and 135.670;
(4) ORS 135.711, 135.713, 135.715, 135.717, 135.720, 135.725, 135.727, 135.730, 135.733, 135.735, 135.737, 135.740 and 135.743;
(5) ORS 135.805 and 135.815 (1)(a) to (e) and (g) and (3);
(6) ORS 135.825, 135.835, 135.845 and 135.855 to 135.873; and
(7) ORS 136.432. [1993 c.546 §72; 1997 c.313 §31; 1999 c.304 §§7,8; 2007 c.581 §4; 2007 c.609 §21; 2013 c.525 §3; 2019 c.216 §4]