71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 626
 
                           A-Engrossed
 
                         Senate Bill 126
                  Ordered by the Senate March 6
            Including Senate Amendments dated March 6
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Joint Interim Judiciary
  Committee for Oregon Juvenile Department Directors Association)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Allows court to order parent or legal guardian to pay { +  all
or portion of + } supervision fee of youth placed on probation.
 
                        A BILL FOR AN ACT
Relating to juvenile procedure; amending ORS 419C.449 and
  419C.570.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 419C.570 is amended to read:
  419C.570. (1)(a) A parent or legal guardian of any youth found
to be within the jurisdiction of the court as provided in ORS
419C.005, if such parent or guardian was served with summons
under ORS 419C.300, 419C.303 and 419C.306 prior to the
adjudication or at least 10 days prior to disposition, shall be
subject to the jurisdiction of the court for purposes of this
section. The court may:
  (A) Order the parent or guardian to assist the court in any
reasonable manner in providing appropriate education or
counseling for the youth;
  (B) If the youth offender is within the jurisdiction of the
court for having committed an act that if committed by an adult
would constitute a violation of ORS 166.250, 166.370 or 166.382,
require the parent or guardian to pay or cause to be paid all or
part of the reasonable costs of any mental health assessment or
screening ordered by the court under ORS 419C.109 (3);
 { - or - }
  (C) If the court orders probation, require the parent or
guardian to enter into a contract with the juvenile department in
regard to the supervision and implementation of the youth's
probation  { - . - }  { + ; or
  (D) If the court orders probation, require the parent or
guardian to pay all or a portion of the supervision fee if a
supervision fee is imposed under ORS 419C.446 (2). + }
  (b) In all cases in which a youth is placed on probation, the
juvenile department and the parent or guardian shall develop a
plan for supervision of the youth. The plan must be reasonably
calculated to provide the supervision necessary to prevent
further acts of delinquency given the individual circumstances of
the youth. The court shall review and ratify the plan and make
the plan a part of the probation order.
  (2) The court may require the parent or guardian to pay a
specific sum not to exceed $1,000 for a violation by the parent
or guardian of the court's order or the contract under subsection
(1)(a) of this section.
  (3) The court may not revoke a youth's probation solely because
of a failure of the youth's parent or guardian to comply with an
order or a contract under subsection (1)(a) of this section.
  SECTION 2. ORS 419C.449 is amended to read:
  419C.449. (1) In determining whether to impose a supervision
fee under ORS 419C.446 (2), the court shall   { - consider - }
 { + determine + } whether the youth  { + or the parent or legal
guardian of the youth + } will be able to pay the fee. When a
supervision fee is required, the fee shall be determined and
fixed by the county juvenile department.
  (2) The county shall collect or provide by contract for the
collection of the supervision fee from the youth  { + or the
parent or legal guardian of the youth + } and shall retain the
fee to be used by the county for funding of its juvenile
department program.
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