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
B-Engrossed
Senate Bill 126
Ordered by the House May 30
Including Senate Amendments dated March 6 and House Amendments
dated May 30
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. { +
Modifies definition of youth offender. Provides that county
juvenile department may refer to authorized diversion program
youth eligible to enter into formal accountability agreement.
Restricts operation of youth courts to organizations approved by
county juvenile department under written agreement. + }
A BILL FOR AN ACT
Relating to juvenile procedure; creating new provisions; and
amending ORS 419A.004, 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 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.
SECTION 3. ORS 419A.004 is amended to read:
419A.004. As used in this chapter and ORS chapters 419B and
419C, unless the context requires otherwise:
(1) 'CASA Volunteer Program' means a program approved or
sanctioned by the juvenile court to recruit, train and supervise
volunteer persons to serve as court appointed special advocates.
(2) 'Child' means a person within the jurisdiction of the
juvenile court as provided in ORS 419B.100.
(3) 'Child care center' means a residential facility for the
care and supervision of children that is licensed under the
provisions of ORS 418.240.
(4) 'Community service' has the meaning given that term in ORS
137.126.
(5) 'Conflict of interest' means a person appointed to a local
citizen review board who has a personal or pecuniary interest in
a case being reviewed by that board.
(6) 'Counselor' means a juvenile department counselor.
(7) 'Court' means the juvenile court.
(8) 'Court appointed special advocate' or 'CASA' means a person
appointed by the court pursuant to a CASA Volunteer Program to
act as special advocate for a child pursuant to ORS 419A.170.
(9) 'Court facility' has the meaning given that term in ORS
166.360.
(10) 'Detention' or 'detention facility' means a facility
established under ORS 419A.010 to 419A.020 and 419A.050 to
419A.063 for the detention of dependent children or delinquent
youth pursuant to a judicial commitment or order.
(11) 'Director' means the director of a juvenile department
established under ORS 419A.010 to 419A.020 and 419A.050 to
419A.063.
(12) 'Guardian' means guardian of the person and not guardian
of the estate.
(13) 'Indian child' means any unmarried person less than 18
years of age who is:
(a) A member of an Indian tribe;
(b) Eligible for membership in an Indian tribe and is the
biological child of a member of an Indian tribe; or
(c) Covered by the terms of an Indian Child Welfare Act
agreement between Oregon and an Indian tribe.
(14) 'Juvenile court' means the court having jurisdiction of
juvenile matters in the several counties of this state.
(15) 'Local citizen review board' means the board specified by
ORS 419A.090 and 419A.092.
(16) 'Office' means the State Office for Services to Children
and Families.
(17) 'Parent' means the biological or adoptive mother of the
child and the legal or adoptive father of the child. A legal
father includes:
(a) A nonimpotent, nonsterile man who was cohabiting with his
wife, who is the mother of the child, at the time of conception;
(b) A man married to the mother of the child at the time of
birth, where there is no decree of separation and the presumption
of paternity has not been disputed;
(c) A biological father who marries the mother of the child
after the birth of the child;
(d) A biological father who has established or declared
paternity through filiation proceedings or under ORS 416.400 to
416.470; and
(e) A biological father who has, with the mother, established
paternity through a voluntary acknowledgment of paternity under
ORS 109.070.
(18) 'Permanent foster care' means an out-of-home placement in
which there is a long-term contractual foster care agreement
between the foster parents and the State Office for Services to
Children and Families that is approved by the juvenile court and
in which the foster parents commit to raise a foster child until
the age of majority.
(19) 'Planned permanent living arrangement' means an
out-of-home placement other than by adoption, placement with a
relative or placement with a legal guardian that is consistent
with the case plan and in the best interests of the child.
(20) 'Public building' has the meaning given that term in ORS
166.360.
(21) 'Reasonable time' means a period of time that is
reasonable given a child's emotional and developmental needs and
ability to form and maintain lasting attachments.
(22) 'Records' means any information in written form, pictures,
photographs, charts, graphs, recordings or documents pertaining
to a case.
(23) 'Resides' or 'residence,' when used in reference to the
residence of a child or youth, means the place where the child or
youth is actually living or the jurisdiction in which wardship of
the child or youth has been established.
(24) 'Restitution' has the meaning given that term in ORS
137.103.
(25) 'Serious physical injury' means:
(a) A serious physical injury as defined in ORS 161.015; or
(b) A physical injury that:
(A) Has a permanent or protracted significant effect on a
child's daily activities;
(B) Results in substantial and recurring pain; or
(C) In the case of a child under 10 years of age, is a broken
bone.
(26) 'Shelter care' means a home or other facility suitable for
the safekeeping of a child who is taken into temporary custody
pending investigation and disposition where the circumstances are
such that the child does not need to be kept in secure custody.
(27) 'Short-term detention facility' means a facility
established under ORS 419A.050 (3) for holding youths pending
further placement.
(28) 'Substitute care' means an out-of-home placement directly
supervised by the office or other agency, including placement in
a foster family home, group home or other child caring
institution or facility. 'Substitute care' does not include care
in:
(a) A detention facility, forestry camp or youth correction
facility;
(b) A family home which the court has approved as a child's
permanent placement, where a private child caring agency has been
appointed guardian of the child and where the child's care is
entirely privately financed; or
(c) In-home placement subject to conditions or limitations.
(29) 'Surrogate' means a person appointed by the court to
protect the right of the child to receive procedural safeguards
with respect to the provision of free appropriate public
education.
(30) 'Tribal court' means a court with jurisdiction over child
custody proceedings and that is either a Court of Indian
Offenses, a court established and operated under the code of
custom of an Indian tribe or any other administrative body of a
tribe that is vested with authority over child custody
proceedings.
(31) 'Youth' means a person under 18 years of age who is
alleged to have committed an act that is a violation, or, if done
by an adult would constitute a violation, of a law or ordinance
of the United States or a state, county or city.
(32) 'Youth care center' has the meaning given that term in ORS
420.855.
(33) 'Youth offender' means a person { - who has been found
to be within the jurisdiction of the juvenile court under ORS
419C.005 for an act committed by the person when the person was
at least 12 years of age and under 18 years of age - } { + at
least 12 years of age who has been found to be within the
jurisdiction of the juvenile court under ORS 419C.005 for an act
committed when the person was under 18 years of age + }.
SECTION 4. { + Sections 5 and 6 of this 2001 Act are added to
and made a part of ORS chapter 419C. + }
SECTION 5. { + (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. + }
SECTION 6. { + (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 the effective date of this
2001 Act may continue to operate in the form in which it exists
on the effective date of this 2001 Act.
(3) A youth court may be described by other terms including,
but not limited to, a peer court, teen court or peer jury. + }
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