Chapter 396 Oregon Laws 2003

AN ACT

SB 69

Relating to juveniles; amending ORS 419A.004, 419A.012, 419A.014, 419A.016, 419A.020, 419A.022, 419A.045, 419A.047, 419A.050, 419A.052, 419A.055, 419A.057, 419A.059, 419A.061, 419A.063, 419A.098, 419A.104, 419A.106, 419A.112, 419A.114, 419A.116, 419A.124, 419A.150, 419A.170, 419A.190, 419A.200, 419A.205, 419A.208, 419A.211, 419A.250, 419A.255, 419B.116, 419B.118, 419B.127, 419B.132, 419B.135, 419B.160, 419B.183, 419B.185, 419B.192, 419B.195, 419B.198, 419B.201, 419B.208, 419B.223, 419B.325, 419B.328, 419B.331, 419B.334, 419B.337, 419B.340, 419B.343, 419B.346, 419B.349, 419B.352, 419B.365, 419B.370, 419B.373, 419B.376, 419B.379, 419B.385, 419B.387, 419B.400, 419B.404, 419B.406, 419B.408, 419B.440, 419B.443, 419B.446, 419B.449, 419B.452, 419B.470, 419B.473, 419B.476, 419B.498, 419B.500, 419B.502, 419B.504, 419B.506, 419B.508, 419B.521, 419B.524, 419B.527, 419B.529, 419B.806, 419B.851, 419B.875, 419B.914, 419B.917, 419B.923, 419C.005, 419C.020, 419C.220, 419C.223, 419C.285, 419C.370, 419C.411, 419C.440, 419C.441, 419C.443, 419C.446, 419C.449, 419C.453, 419C.456, 419C.459, 419C.461, 419C.462, 419C.465, 419C.473, 419C.475, 419C.478, 419C.481, 419C.486, 419C.489, 419C.498, 419C.507, 419C.550, 419C.555, 419C.558, 419C.561, 419C.570, 419C.573, 419C.575, 419C.590, 419C.595, 419C.600, 419C.613, 419C.650, 419C.653, 419C.656, 420.005, 420.011, 420.031 and 420A.010; and repealing ORS 419A.002.

Be It Enacted by the People of the State of Oregon:

SECTION 1. 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)] (2) “Child care center” means a residential facility for [the care and supervision of children] wards or youth offenders that is licensed under the provisions of ORS 418.240.

[(4)] (3) “Community service” has the meaning given that term in ORS 137.126.

[(5)] (4) “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)] (5) “Counselor” means a juvenile department counselor.

[(7)] (6) “Court” means the juvenile court.

[(8)] (7) “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)] (8) “Court facility” has the meaning given that term in ORS 166.360.

[(10)] (9) “Department” means the Department of Human Services.

[(11)] (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] wards, youths or youth offenders pursuant to a judicial commitment or order.

[(12)] (11) “Director” means the director of a juvenile department established under ORS 419A.010 to 419A.020 and 419A.050 to 419A.063.

[(13)] (12) “Guardian” means guardian of the person and not guardian of the estate.

[(14)] (13) “Indian child” means any unmarried person less than 18 years of age who is:

(a) A member of an Indian tribe; or

(b) Eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe.

[(15)] (14) “Juvenile court” means the court having jurisdiction of juvenile matters in the several counties of this state.

[(16)] (15) “Local citizen review board” means the board specified by ORS 419A.090 and 419A.092.

[(17)] (16) “Parent” means the biological or adoptive mother [of the child] and the legal or adoptive father of the child, ward, youth or youth offender. A legal father includes:

(a) A nonimpotent, nonsterile man who was cohabiting with his wife, who is the mother of the child, ward, youth or youth offender, at the time of conception;

(b) A man married to the mother of the child, ward, youth or youth offender at the time of birth, [where] when 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, ward, youth or youth offender after the birth of the child, ward, youth or youth offender;

(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)] (17) “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 department that is approved by the juvenile court and in which the foster parents commit to raise a [foster child] ward in substitute care or youth offender until the age of majority.

[(19)] (18) “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] ward.

[(20)] (19) “Public building” has the meaning given that term in ORS 166.360.

[(21)] (20) “Reasonable time” means a period of time that is reasonable given a [child’s] child or ward’s emotional and developmental needs and ability to form and maintain lasting attachments.

[(22)] (21) “Records” means any information in written form, pictures, photographs, charts, graphs, recordings or documents pertaining to a case.

[(23)] (22) “Resides” or “residence,” when used in reference to the residence of a child, ward, [or] youth or youth offender, means the place where the child, ward, [or] youth or youth offender is actually living or the jurisdiction in which wardship [of the child or youth] or jurisdiction has been established.

[(24)] (23) “Restitution” has the meaning given that term in ORS 137.103.

[(25)] (24) “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

[(26)] (25) “Shelter care” means a home or other facility suitable for the safekeeping of a child, ward, youth or youth offender 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)] (26) “Short-term detention facility” means a facility established under ORS 419A.050 (3) for holding children, youths and youth offenders pending further placement.

[(28)] (27) “Substitute care” means an out-of-home placement directly supervised by the department 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] that the court has approved as a [child’s] ward’s permanent placement, [where] when a private child caring agency has been appointed guardian of the [child] ward and [where the child’s] when the ward’s care is entirely privately financed; or

[(29)] (28) “Surrogate” means a person appointed by the court to protect the right of the child, ward, youth or youth offender to receive procedural safeguards with respect to the provision of free appropriate public education.

[(30)] (29) “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.

(30) “Ward” means a person within the jurisdiction of the juvenile court under ORS 419B.100.

(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 [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 2. ORS 419A.012 is amended to read:

419A.012. The director of a juvenile department or one of the counselors shall:

(1) Make or cause to be made an investigation of every child, ward, youth or youth offender brought before the court and report fully thereon to the court.

(2) Be present in court to represent the interests of the child, ward, youth or youth offender when the case is heard.

(3) Furnish such information and assistance as the court requires.

(4) Take charge of any child, ward, youth or youth offender before and after the hearing as may be directed by the court.

SECTION 3. ORS 419A.014 is amended to read:

419A.014. The juvenile department of a county shall report annually to the Oregon Criminal Justice Commission the frequency with which [juveniles] runaway children held under ORS 419C.156, youths and youth offenders are held in preadjudicative detention and the duration of the detention.

SECTION 4. ORS 419A.016 is amended to read:

419A.016. Any director or counselor [shall have] has the power of a peace officer as to any child, ward, youth or youth offender committed to the care of the director or counselor. Any director or counselor may, in the discretion of the director or counselor and at any time, bring a child, ward, youth or youth offender committed to the custody and care by the juvenile court before [such] the court for any further action the court considers advisable.

SECTION 5. ORS 419A.020 is amended to read:

419A.020. (1) The cost of maintaining a juvenile department and all expenditures incidental thereto, including traveling expenses, and necessarily incurred in supplying the immediate necessities of [dependent or delinquent] children, wards, youths or youth offenders while committed to the charge of a director or counselor, and all salaries for the personnel of a juvenile department and of any detention facilities maintained in the county, [shall be] are payable upon the order of the board of county commissioners or county court of the county from county funds budgeted and levied for that purpose in any manner provided by law.

(2) When two or more counties have counselors appointed to serve the counties jointly, each county shall provide funds to pay its share of the costs and expenses of the employment of counselors and maintaining juvenile departments. The method of determining the portion of such costs and expenses each county is to bear [shall] must be provided in the agreement made between the counties under ORS 419A.010 (1)(b).

SECTION 6. ORS 419A.022 is amended to read:

419A.022. The board of county commissioners or county court of counties having more than 400,000 inhabitants, according to the latest federal decennial census, shall provide proper accommodations for detention rooms and hospital wards, as may be necessary for the care, custody and discipline of [minor] children, wards, youths or youth offenders. The expense of the same shall be audited and paid in the same manner as other bills in such county are audited and paid.

SECTION 7. ORS 419A.045 is amended to read:

419A.045. It is declared to be the legislative policy of the State of Oregon to recognize county juvenile courts and departments as a basic foundation for the provision of services to children, wards, youths, youth offenders and their families and, with the limited amount of funds available, to assist counties in financing certain juvenile court-related services on a continuing basis. The purpose of ORS 419A.045 to 419A.048 is to provide basic grants to juvenile departments to assist them in the administration of court services as defined in ORS 3.250.

SECTION 8. ORS 419A.047 is amended to read:

419A.047. (1) The state shall provide financial assistance to the counties for the implementation of local coordinated comprehensive plans from funds appropriated for that purpose for court services, as defined in ORS 3.250.

(2) The Oregon Youth Authority shall determine each county’s estimated percentage share of the amount to be appropriated for the purposes of this section. Such determination [shall] must be based upon each county’s respective share of [resident juveniles] residents under the age of 18.

(3) The numbers of [resident juveniles] residents under the age of 18 for each county [shall] must be certified to the Oregon Youth Authority by January 1 of each odd-numbered year by the Center for Population Research and Census.

SECTION 9. ORS 419A.050 is amended to read:

419A.050. (1) Any county may acquire in any lawful manner, equip and maintain within the county suitable facilities for the shelter or detention of children, wards, [and the detention of] youths and youth offenders confined pursuant to a judicial commitment or order pending final adjudication of the case by the juvenile court.

(2) [Where] When two or more counties have entered into an agreement under ORS 419A.010, the counties jointly may acquire in any lawful manner, equip and maintain, at a suitable site or sites in the counties, facilities suitable for the shelter or detention of children, wards, [and the detention of] youths and youth offenders confined pursuant to judicial commitment or order pending final adjudication of the case by the juvenile court.

(3) Any county may designate, equip and maintain a short-term detention facility for children, youths and [youths] youth offenders in transit. The facility may house up to a total of five children, youths and [youths] youth offenders in transit for a period not to exceed four continuous days pending further placement. Short-term detention facilities:

(a) May not be located with detention facilities established under subsection (1) or (2) of this section; and

(b) Are subject to the standards and specifications found in ORS 169.740 and 419A.052. Upon written request of the county, the Department of Corrections may approve waivers and variances from the standards and specifications as long as the waivers or variances are consistent with the safety and welfare of detained children, youths and youth offenders.

SECTION 10. ORS 419A.052 is amended to read:

419A.052. (1) Suitable detention facilities [shall] must be of Class I construction and comply with the State of Oregon Structural Specialty Code and Fire and Life Safety Code. In addition, the facilities [shall] must provide:

(a) Sanitary drinking water in living units and dayrooms;

(b) Toilets and washbasins accessible to [juveniles] detainees in all housing and activity areas;

(d) A heating system and all equipment required to ensure healthful and comfortable living and working conditions [for juveniles and staff], and [which] that maintains a temperature no lower than 64 degrees;

(e) Lighting at 20 footcandles density; and

(f) Verbal or mechanical communications from sleeping rooms to staff.

(2) New or major renovated facilities [shall] must conform to the requirements of subsection (1) of this section and [shall] must also provide:

(a) That any single sleeping rooms located therein are at least 70 square feet and that any dormitories located therein are at least 50 square feet per [occupant] detainee and house no more than five [individuals] detainees each;

(b) At least one toilet and washbasin for every five detainees;

(d) Thirty square feet of dayroom space per [child] detainee;

(e) Heating units capable of maintaining 68 to 85 degrees temperature;

(f) Tamper-proof lighting with capability of 20 footcandles;

(g) Air circulation of 10 cubic feet of fresh air per minute, per [occupant] detainee;

(h) Sleeping rooms’ water valves accessible for staff control;

(i) Rooms provided for classes, library, arts and crafts; and

(j) Indoor and outdoor recreation and exercise areas.

SECTION 11. ORS 419A.055 is amended to read:

419A.055. The county court or board of commissioners of a county may institute an examination of the county’s juvenile detention facility and establish [the maximum number of juveniles that may be held] its capacity in accordance with constitutional standards [in the facility at any given time]. If a county court or board of commissioners adopts a capacity limit [on the number of juveniles that may be held in the detention facility and the number of juveniles held in the juvenile facility exceeds the established capacity] and that limit is exceeded, the county, through the juvenile department director, shall immediately notify the judge of the juvenile court who shall authorize the release of a sufficient number of [juveniles] detainees to reduce the population of the detention facility to the established capacity.

SECTION 12. ORS 419A.057 is amended to read:

419A.057. (1) All expenses incurred in the maintenance of the facilities for detention and the personnel required therefor, except as otherwise provided in subsection (2) of this section, shall be paid upon order of the board of county commissioners or county court from county funds duly levied and collected in any manner provided by law. When joint detention facilities are maintained as provided in ORS 419A.050 (2), each county shall pay its share of the costs and expenses of acquiring, equipping and maintaining the joint detention facilities, to be determined pursuant to an agreement between the counties. Counties may accept gifts or donations of property, including money, for the use of detention facilities to be expended and used as directed by the board of county commissioners.

(2) When a county operates a combined facility to provide both care and rehabilitation services, under ORS 420.855 to 420.885, and detention facilities, the county may also receive state support for [such] the care and rehabilitation services as permitted by ORS 420.880.

(3) When a county operates a combined facility as described in subsection (2) of this section, only [those juveniles shall] youth offenders may be admitted to the youth care center of [such] the facility, following court review of the admission. [who:]

[(a) Are 12 years of age or older;]

[(b) Have been found to be within the jurisdiction of the juvenile court as a result of an adjudication of a petition filed by reason of ORS 419C.005; and]

[(c) Have had the placement in such combined facility reviewed by the juvenile court.]

SECTION 13. ORS 419A.059 is amended to read:

419A.059. The juvenile court of each county shall designate the place or places in which children, wards, youths or youth offenders are to be placed in detention or shelter care when taken into temporary custody. If the county is adjacent to another state, the court may designate a place or places in the adjoining state where children, wards, youths or youth offenders, pursuant to an agreement between such place or places and the juvenile department of the county, may be placed in detention or shelter care when taken into custody. A county juvenile department [shall] may not enter into an agreement with an out-of-state place for placement in detention [of juveniles,] as provided in this section, unless the place or places conform to standards of this state for such a place and unless the agreement includes a provision that the place be subject to inspection by officers of this state under ORS 419A.061.

SECTION 14. ORS 419A.061 is amended to read:

419A.061. Inspection of juvenile detention facilities, including jails or lockups [where juveniles are detained], and enforcement of [those] the juvenile detention standards contained in ORS 419A.059 or otherwise established by statute, [shall] must be conducted in the same manner as provided in ORS 169.070 and 169.080.

SECTION 15. ORS 419A.063 is amended to read:

419A.063. (1) The juvenile court [shall] may not place a [child] youth offender in a detention facility [for children] under ORS 419C.453 unless the facility:

(a) Houses [children] youth offenders in a room or ward screened from the sight and sound of adults who may be detained in the facility; and

(b) Is staffed by juvenile department employees.

(2) In no case may the court order, pursuant to ORS 419C.453, that a [child] youth offender under 14 years of age be placed in any detention facility in which adults are detained or imprisoned.

SECTION 16. ORS 419A.098 is amended to read:

419A.098. The Chief Justice, in consultation with the Supreme Court, shall adopt rules under ORS 1.002 that may include any procedures for the administration of the local citizen review board program regarding:

(1) Removal of members of local citizen review boards;

(2) The time, content and manner in which case plans and case progress reports shall be provided by the Department of Human Services or other agency or individual directly responsible for the care of the child or ward to the local citizen review board. These rules may require that such information be provided in shorter time periods than those contained in ORS 419B.443, and that information in addition to that specified by ORS 419B.443 be provided;

(3) Procedures for providing written notice of the review to the department, any other agency directly responsible for the care or placement of the child or ward, the parents or their attorneys, foster parents, surrogate parents, mature children and wards or their attorneys, the court-appointed attorney or court appointed special advocate of any child or ward, any district attorney or attorney general actively involved in the case and other interested persons. The notice shall include advice that persons receiving a notice may participate in the hearing and be accompanied by a representative;

(4) Procedures for securing or excusing the presence at the review of caseworkers and other employees of the department or other agencies directly responsible for the care of the child or ward;

(5) Procedures by which boards can remove cases from review when such review is not required under federal law;

(6) Grounds for removal of members;

(7) Terms of board members; and

(8) Organization of individual boards.

SECTION 17. ORS 419A.098, as amended by section 95, chapter 962, Oregon Laws 2001, is amended to read:

(1) Removal of members of local citizen review boards;

(3) Procedures for providing written notice of the review to the department, any other agency directly responsible for the care or placement of the child or ward, the parents or their attorneys, foster parents, surrogate parents, mature children and wards or their attorneys, the appointed attorney or court appointed special advocate of any child or ward, any district attorney or attorney general actively involved in the case and other interested persons. The notice shall include advice that persons receiving a notice may participate in the hearing and be accompanied by a representative;

(4) Procedures for securing or excusing the presence at the review of caseworkers and other employees of the department or other agencies directly responsible for the care of the child or ward;

(5) Procedures by which boards can remove cases from review when such review is not required under federal law;

(6) Grounds for removal of members;

(7) Terms of board members; and

(8) Organization of individual boards.

SECTION 18. ORS 419A.104 is amended to read:

419A.104. Within seven working days after the first of each month, the Department of Human Services shall send to the citizen review board state administrative office the federally required report listing all children and wards in substitute care. The report must include the dates of placement and the dates by which a review must be conducted.

SECTION 19. ORS 419A.106 is amended to read:

419A.106. (1) Except for cases removed from review under procedures established under ORS 419A.098, the local citizen review board shall review the case of each child and ward in substitute care which is assigned by the court. The following provisions apply:

(a) The review shall take place at times set by the board, the first review to be no more than six months after the child or ward is placed in substitute care and subsequent reviews to take place no less frequently than once every six months thereafter until the child or ward is no longer within the jurisdiction of the court, no longer in substitute care or until an adoption proceeding becomes final.

(b) The court, by rule of the court or on an individual case basis, may relieve the local citizen review board of its responsibility to review a case if a complete judicial review has taken place within 60 days prior to the next scheduled board review. A complete judicial review is a hearing that results in a written order that contains the findings required under ORS 419B.476 or includes substantially the same findings as are required under ORS 419A.116.

(c) The court shall notify the local citizen review board of a denial of a petition to terminate parental rights within 10 days of the denial. As soon as practical but no later than 45 days after the denial, the board shall review any case where a petition to terminate parental rights has been denied.

(2) The local citizen review board may hold joint or separate reviews for groups of siblings.

(3) At any review conducted under this section or at a court hearing conducted in lieu of that review, the court or local citizen review board shall inquire of those present as to the parent’s current address and telephone numbers and, if the parent has a contact person, the name, current address and telephone number of the contact person. When appropriate, the court may enter a protective order limiting disclosure of information obtained under this subsection.

SECTION 20. ORS 419A.112 is amended to read:

419A.112. (1) The local citizen review board may disclose to parents and their attorneys, foster parents, mature children and wards and their attorneys and other persons authorized by the local board to participate in the case review, records disclosed to the local board under ORS 419A.102.

(2) Before participating in a local citizen review board case review, each participant, other than parents, [and] children and wards, shall swear or affirm to the board that the participant shall keep confidential the information disclosed by the board in the case review and to disclose it only as authorized by law.

SECTION 21. ORS 419A.114 is amended to read:

419A.114. (1) Unless excused from doing so by the local citizen review board, the Department of Human Services and any other agency directly responsible for the care and placement of the child or ward shall require the presence of any employees having knowledge of the case at local board meetings.

(2) The local citizen review board may require the presence of specific employees of the department or agency at local board meetings. If an employee fails to be present at such a meeting, the local review board may request a court hearing. The court may require the employee to be present and show cause why the employee should not be compelled to appear before the local citizen review board.

(3) As used in this section, “presence” includes telephone participation except that the caseworker on the case at the time of the meeting must be physically present if required.

SECTION 22. ORS 419A.116 is amended to read:

419A.116. (1) After reviewing each case, the local citizen review board shall make written findings and recommendations with respect to:

(a) Whether reasonable efforts were made prior to the placement, to prevent or eliminate the need for removal of the child or ward from the home;

(b) If the case plan at the time of the review is to reunify the family, whether the Department of Human Services has made reasonable efforts or, if the Indian Child Welfare Act applies, active efforts to make it possible for the child or ward to safely return home and whether the parent has made sufficient progress to make it possible for the child or ward to safely return home;

(c) If the case plan at the time of the review is something other than to reunify the family, whether the department has made reasonable efforts to place the child or ward in a timely manner in accordance with the case plan and to complete the steps necessary to finalize the permanent placement of the child or ward;

(d) The continuing need for and appropriateness of the placement;

(e) Compliance with the case plan;

(f) The progress which has been made toward alleviating the need for placement;

(g) A likely date by which the child or ward may be returned home or placed for adoption;

(h) Other problems, solutions or alternatives the board determines should be explored; and

(i) Whether the court should appoint an attorney or other person as special advocate to represent or appear on behalf of the child or ward under ORS 419B.195.

(2) The local citizen review board may, if the case plan has changed during the period since the last review by a local citizen review board or court hearing, make written findings and recommendations with respect to:

(a) Whether the Department of Human Services has made reasonable efforts or, if the Indian Child Welfare Act applies, active efforts to make it possible for the child or ward to safely return home and whether the parent has made sufficient progress to make it possible for the child or ward to safely return home, if a plan to reunify the family was in effect for any part of the period since the last review or hearing; or

(b) Whether the department has made reasonable efforts to place the child or ward in a timely manner in accordance with the case plan and complete the steps necessary to finalize the permanent placement of the child or ward, if a case plan other than to reunify the family was in effect for any part of the period since the last review or hearing.

(3) In determining whether the Department of Human Services has made reasonable efforts or, if the Indian Child Welfare Act applies, active efforts to make it possible for the child or ward to safely return home, the local citizen review board shall consider the [child’s] child or ward’s health and safety the paramount concerns.

(4) No later than 10 days after receiving the findings and recommendations of the local citizen review board, a party adversely affected by the findings and recommendations may request judicial review.

SECTION 23. ORS 419A.124 is amended to read:

419A.124. In addition to reviewing individual cases of children and wards in substitute care, local citizen review boards may make recommendations to the court and the Department of Human Services concerning substitute care services, policies, procedures and laws.

SECTION 24. ORS 419A.150 is amended to read:

419A.150. (1) The judge of the juvenile court may appoint one or more persons as referee of the juvenile court. A referee shall be appointed in every county in which there is no resident juvenile court judge. A person appointed referee [shall] must be qualified by training and experience in the handling of juvenile matters, [shall] must have such further qualifications as may be prescribed by law and [shall hold] holds office as [such] referee at the pleasure of the judge. The state shall pay the compensation of a referee appointed by the judge of a circuit court [shall be paid by the state] from funds available for the purpose. The county shall pay the compensation of a referee appointed by the judge of a county court [shall be paid by the county].

(2) The judge may direct that any case, or all cases of a class designated by the judge, [shall] be processed or heard in the first instance by a referee in the manner provided for the hearing of cases by the court. Upon conclusion of the hearing in each case, the referee shall transmit to the judge the findings, recommendations or order in writing of the referee.

(3) [Where] When the referee conducts a hearing, the persons entitled to request rehearing as provided in subsection (7) of this section [shall] must be notified of the referee’s findings, recommendations or order, together with a notice to the effect that a rehearing [shall] may be had before a judge if requested within 10 days. A rehearing before a judge of the juvenile court may be determined on the same evidence introduced before the referee if a stenographic transcript of the proceedings was kept, but, in any case, additional evidence may be presented.

(4) All orders of a referee [shall] become immediately effective, subject to the right of review provided in this section, and [shall] continue in full force and effect, unless stayed by order of the referee or by a juvenile court judge, until vacated or modified upon rehearing by order of a judge of the juvenile court. Any order entered by a referee [shall become] becomes a final order of the juvenile court upon expiration of 10 days following its entry, unless a rehearing is ordered or requested.

(5) The judge of the juvenile court or, in counties having more than one judge of the juvenile court, the presiding judge of the juvenile court may establish requirements that any or all orders of referees must be expressly approved by a judge of the juvenile court before becoming effective.

(6) A judge of the juvenile court may, on the judge’s own motion, order a rehearing of any matter heard before a referee.

(7) At any time prior to the expiration of 10 days after the entry of the order and findings of a referee into the court register, a child, ward, youth, youth offender, the parent, guardian, district attorney, Department of Human Services, juvenile department or other party affected by the order may request rehearing. The request for rehearing [shall] must be served upon all parties by the party requesting the rehearing.

(8) All rehearings of matters heard before a referee shall be heard expeditiously by a judge of the juvenile court within 30 days after the filing of the request, unless the court orders a continuance. In no event [shall] may the rehearing occur later than 45 days after the date of the filing of the request. The rehearing [shall be] is conducted de novo.

(9) Notwithstanding subsection (7) of this section, when a referee finds that a [child] youth is not within the jurisdiction of the court in a proceeding brought under ORS 419C.005, the district attorney may not request a rehearing.

SECTION 25. ORS 419A.170 is amended to read:

419A.170. (1) In every case [involving an abused or neglected child that results in a judicial proceeding in juvenile court] under ORS chapter 419B, the court shall appoint a court appointed special advocate. The court appointed special advocate [shall be] is deemed a party in these proceedings, and in the furtherance thereof, may be represented by counsel, file pleadings and request hearings and may subpoena, examine and cross-examine witnesses. If the court appointed special advocate is represented by counsel, counsel shall be paid from funds available to the Court Appointed Special Advocate Volunteer Program. No funds from the State Indigent Defense Fund or Judicial Department operating funds [shall] may be used for this purpose.

(2) Subject to the direction of the court, the duties of the court appointed special advocate [shall be] are to:

(a) Investigate all relevant information about the case;

(b) Advocate for the child or ward, ensuring that all relevant facts are brought before the court;

(c) Facilitate and negotiate to ensure that the court, the Department of Human Services, if applicable, and the [child’s] child or ward’s attorney, if any, fulfill their obligations to the child or ward in a timely fashion; and

(d) Monitor all court orders to ensure compliance and to bring to the court’s attention any change in circumstances that may require a modification of the court’s order.

(3) If a juvenile court does not have available to it a CASA Volunteer Program, or a sufficient number of qualified CASA volunteers, the court may, in fulfillment of the requirements of this section, appoint a juvenile department employee or other suitable person to represent the [child’s] child or ward’s interest in court pursuant to ORS 419A.012 or 419B.195.

(4) Any person appointed as a court appointed special advocate in any judicial proceeding on behalf of the child [shall be] or ward is immune from any liability for defamation or statements made in good faith by that person, orally or in writing, in the course of the case review or judicial proceeding.

(5) Any person appointed as a court appointed special advocate, CASA Volunteer Program director, CASA Volunteer Program employee or member of the board of directors or trustees of any CASA Volunteer Program [shall be] is immune from any liability for acts or omissions or errors in judgment made in good faith in the course or scope of that person’s duties or employment as part of a CASA Volunteer Program.

(6) Whenever the court appoints a court appointed special advocate or other person under subsections (1) to (3) of this section to represent the child or ward, it may require a parent, if able, or guardian of the estate, if the estate is able, to pay, in whole or in part, the reasonable costs of CASA services including reasonable attorney fees. The court’s order of payment [shall be] is enforceable in the same manner as an order of support under ORS 419B.408.

(7) Upon presentation of the order of appointment by the court appointed special advocate, any agency, hospital, school organization, division, office or department of the state, doctor, nurse or other health care provider, psychologist, psychiatrist, police department or mental health clinic shall permit the court appointed special advocate to inspect and copy any records relating to the child or [children] ward involved in the case, without the consent of the child, ward or [children or] parents.

(8) All records and information acquired or reviewed by a court appointed special advocate during the course of official duties [shall be] are deemed confidential under ORS 419A.255.

(9) For the purposes of a Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et seq.) grant to this state under Public Law No. 93-247, or any related state or federal legislation, a court appointed special advocate or other person appointed pursuant to subsections (1) to (3) of this section [shall be] is deemed a guardian ad litem to represent the interests of the [minor] child or ward in proceedings before the court. Any provisions of this section and ORS 419B.035 and 419B.045 that [shall] cause this state to lose federal funding [shall be considered] are null and void.

(10) There is created a Court Appointed Special Advocate (CASA) Fund in the General Fund. The fund [shall consist] consists of all moneys credited [thereto] to it. Moneys appropriated to the Court Appointed Special Advocate Fund by this section and ORS 419B.035 and 419B.045 may be used only to carry out the purposes of this section. The State Commission on Children and Families may apply for and receive funds from federal and private sources for carrying out the provisions of this section and ORS 419B.035 and 419B.045.

(11) The state commission may expend moneys from the Court Appointed Special Advocate Fund directly or indirectly through contracts or grants for the creation, supervision and operation of CASA Volunteer Programs statewide in accordance with the provisions of ORS 419A.045 to 419A.048. The commission may also expend moneys from the Court Appointed Special Advocate Fund to pay the reasonable costs of its administration of the Court Appointed Special Advocate Fund. The commission shall adopt rules for carrying out its responsibilities under this section and ORS 419B.035 and 419B.045.

SECTION 26. ORS 419A.170, as amended by section 91, chapter 962, Oregon Laws 2001, is amended to read:

419A.170. (1) In every case [involving an abused or neglected child that results in a judicial proceeding in juvenile court] under ORS chapter 419B, the court shall appoint a court appointed special advocate. The court appointed special advocate [shall be] is deemed a party in these proceedings, and in the furtherance thereof, may be represented by counsel, file pleadings and request hearings and may subpoena, examine and cross-examine witnesses. If the court appointed special advocate is represented by counsel, counsel shall be paid from funds available to the Court Appointed Special Advocate Volunteer Program. No funds from the Public Defense Services Account or Judicial Department operating funds [shall] may be used for this purpose.

(2) Subject to the direction of the court, the duties of the court appointed special advocate [shall be] are to:

(a) Investigate all relevant information about the case;

(b) Advocate for the child or ward, ensuring that all relevant facts are brought before the court;

(c) Facilitate and negotiate to ensure that the court, Department of Human Services, if applicable, and the [child’s] child or ward’s attorney, if any, fulfill their obligations to the child or ward in a timely fashion; and

(d) Monitor all court orders to ensure compliance and to bring to the court’s attention any change in circumstances that may require a modification of the court’s order.

(8) All records and information acquired or reviewed by a court appointed special advocate during the course of official duties [shall be] are deemed confidential under ORS 419A.255.

SECTION 27. ORS 419A.190 is amended to read:

419A.190. Except as provided in ORS 153.108 (1), proceedings in adult criminal court and other juvenile court adjudicatory proceedings based on an act alleged in a petition or citation to have been committed by a child, ward, youth or youth offender or allegations arising out of the same conduct are barred when the juvenile court judge or referee has begun taking evidence in an adjudicatory hearing or has accepted a [child’s] child, ward, youth or youth offender’s admission or answer of no contest to the allegations of the petition or citation. This section [shall] does not prevent appeal of any preadjudicatory order of the court [which] that could be appealed in a criminal case, including, but not limited to, an order suppressing evidence.

SECTION 28. ORS 419A.200 is amended to read:

419A.200. (1) Except as provided in ORS 419A.190, any person or entity, including, but not limited to, a party to a juvenile court proceeding under ORS 419B.875 (1) or 419C.285 (1), whose rights or duties are adversely affected by a judgment of the juvenile court may appeal therefrom. An appeal from a circuit court [shall] must be taken to the Court of Appeals, and an appeal from a county court [shall] must be taken to the circuit court.

(2) If the proceeding is in the circuit court and no record of the proceedings was kept, the court, on motion made not later than 15 days after the entry of the court’s judgment, shall grant a rehearing and shall direct that a record of the proceedings be kept. However, the court [shall] may not grant a rehearing in a case barred by ORS 419A.190 without the consent of the child, ward, youth or youth offender affected by such case. If a rehearing is held, the time for taking an appeal [shall run] runs from the date of entry of the court’s judgment after the rehearing.

(3)(a) The appeal may be taken by causing a notice of appeal, in the form prescribed by ORS 19.250, to be served:

(A) On all parties who have appeared in the proceeding;

(B) On the trial court administrator or other person serving as clerk of the juvenile court; and

(b) The original of the notice with proof of service [shall] must be filed with:

(A) The Court of Appeals if the appeal is from a circuit court; or

(B) The circuit court if the appeal is from a county court.

(c) The notice [shall] must be filed not later than 30 days after the entry of the court’s judgment. On appeal from the county court, the circuit court shall hear the matter de novo and its judgment [shall be] is appealable to the Court of Appeals in the same manner as if the proceeding had been commenced in the circuit court.

(4) The counsel in the proceeding from which the appeal is being taken shall file and serve those documents necessary to commence an appeal if the counsel is requested to do so by the party the counsel represents.

(5)(a) Upon motion of a person, other than the state, entitled to appeal under subsection (1) of this section, the appellate court shall grant the person leave to file a notice of appeal after the time limits described in subsection (3) of this section if:

(A) The person shows a colorable claim of error in the proceeding from which the appeal is taken; and

(B) The person shows that the failure to file a timely notice of appeal is not personally attributable to the person.

(b) A person other than the state is not entitled to relief under this subsection for failure to file timely notice of cross-appeal when the state appeals pursuant to ORS 419A.208.

(c) The request for leave to file a notice of appeal after the time limits prescribed in subsection (3) of this section must be filed no later than 90 days after entry of the judgment being appealed and must be accompanied by the notice of appeal sought to be filed. A request for leave under this subsection may be filed by mail and is deemed filed on the date of mailing if the request is mailed as provided in ORS 19.260.

(d) The court may not grant relief under this subsection unless the state has notice and opportunity to respond to the person’s request for relief.

(6) An appeal to the Court of Appeals [shall] must be conducted in the same manner as an appeal under ORS chapter 19 except that:

(a) The court shall advance the appeal on the court’s docket in the same manner as appeals in criminal cases; and

(b) The court’s scope of review is de novo on the record.

(7)(a) Except as provided in ORS 419A.208 (2), or when otherwise ordered by the appellate court, the filing of an appeal does not suspend an order or judgment of the juvenile court nor discharge the [child] ward or youth offender from the custody of the person, institution or agency in whose custody the [child] ward or youth offender may have been placed nor preclude the juvenile court after notice and hearing from entering such further orders relating to the [child’s] ward or youth offender’s custody pending final disposition of the appeal as it finds necessary by reason only of matters transpiring subsequent to the order or judgment appealed from. The trial court administrator shall immediately file certified copies of any such order or judgment with the Court of Appeals.

(b) Notwithstanding the filing of an appeal from a jurisdictional or dispositional judgment or an order entered pursuant to ORS 419B.449 or 419B.476, the juvenile court may proceed with the adjudication of a petition seeking termination of the parental rights of a parent of the [child] ward who is subject to the judgment from which the appeal is taken.

(c) The appeal of any judgment entered in a termination of parental rights proceeding under paragraph (b) of this subsection [shall] must be consolidated, if appropriate, with any pending appeal of an order or judgment entered under ORS 419B.325, 419B.449 or 419B.476. The consolidated appeal [shall] must be conducted and advanced on the court’s docket in the same manner as termination of parental rights cases.

(8) On appeal of a judgment or final order, the appellate court may review any interlocutory order that:

(a) Involves the merits or necessarily affects the judgment or final order appealed from; and

(b) Was made after entry of the last appealable judgment or final order preceding entry of the judgment or final order being appealed.

(9) The district attorney or Attorney General shall represent the state in the appeal.

SECTION 29. ORS 419A.205 is amended to read:

419A.205. (1) For the purpose of being appealed, the following are judgments:

(a) A judgment finding a child or youth to be within the jurisdiction of the court;

(b) A judgment disposing of a petition including, but not limited to, a disposition under ORS 419B.325;

(d) A final order adversely affecting the rights or duties of a party and made in a proceeding after judgment including, but not limited to, a final order under ORS 419B.449 or 419B.476.

(2) An appeal from a judgment finding a child or youth to be within the jurisdiction of the court does not deprive the juvenile court of jurisdiction to proceed with a disposition of the matter.

(3) If an appeal is taken from a judgment finding a child to be within the jurisdiction of the court before the juvenile court enters a judgment disposing of the matter under ORS 419B.325, any necessary modification of the appeal must be made according to the rules of the appellate court.

(4) When an appeal is taken from a judgment finding a child or youth to be within the jurisdiction of the court, if the appellate court:

(a) Reverses the judgment, the judgment disposing of the matter is reversed; or

(b) Modifies the judgment, a party may move for relief as otherwise provided by law.

SECTION 30. ORS 419A.208 is amended to read:

419A.208. (1) In addition to the state’s right to appeal under ORS 419A.200, the state may appeal from any of the following orders of a judge or referee:

(a) An order made prior to an adjudicatory hearing dismissing or setting aside a delinquency petition;

(b) An order that sets aside a petition for delinquency if the order is made after an adjudicatory hearing in which the [juvenile] youth is found to be within the jurisdiction of the court;

(c) An order made prior to an adjudicatory hearing suppressing or limiting evidence or refusing to suppress or limit evidence; or

(d) An order made prior to an adjudicatory hearing for the return or restoration of things seized.

(2) If the state pursuant to subsection (1) of this section appeals a preadjudicatory order, and the [child] youth is in detention in the same proceeding pursuant to ORS 419C.109, 419C.136, 419C.139, 419C.170 and 419C.173, the juvenile court shall consider release of the [child] youth from detention during the pendency of the appeal in accordance with the following provisions:

(a) When the [child] youth is charged with an act that would be murder if committed by an adult, release shall be denied when the proof is evident or the presumption strong that the [child] youth committed the act.

(b) The [child] youth shall be released upon the [child’s] youth’s personal recognizance unless release criteria show to the satisfaction of the juvenile court that the [child] youth would not be likely to appear before the court as ordered upon later appearance dates and that such a release is therefore unwarranted. Release criteria [shall] include the following:

(A) The [child’s] youth’s education and employment status and history and financial condition;

(B) The nature and extent of the [child’s] youth’s family relationships;

(D) The names of persons who agree to assist the [child] youth in attending court at the proper time;

(E) The nature of the current petition;

(F) The [child’s] youth’s juvenile record, if any, and, if the [child] youth has previously been released pending trial, whether the [child] youth appeared as required;

(G) Any facts indicating the possibility of violations of law if the [child] youth is released without restrictions;

(H) Any facts tending to indicate that the [child] youth has strong ties to the community; and

(I) Any other facts tending to indicate the likelihood that the [child] youth will appear before the court as ordered upon later appearance dates.

(c) If the court finds that release of the [child] youth on the [child’s] youth’s personal recognizance is unwarranted, it shall order conditional release. The court may impose upon the released [child] youth one or more of the following conditions, but shall impose the least onerous condition reasonably likely to ensure the [child’s] youth’s later appearance:

(A) Release of the [child] youth into the care of a parent or other responsible person or organization for supervising the [child] youth and assisting the [child] youth in appearing in court. The supervisor shall immediately notify the court in the event that the [child] youth breaches the terms of the conditional release.

(B) Reasonable restrictions on the activities, movements, associations and residences of the [child] youth.

SECTION 31. ORS 419A.211 is amended to read:

419A.211. (1) If the child, ward, youth, youth offender, parent or guardian is shown to be without sufficient financial means to employ suitable counsel possessing skills and experience commensurate with the nature and complexity of the case to represent the person in an appeal as provided in ORS 419A.200 and 419A.208, the court, upon request of the person or upon its own motion, shall appoint suitable counsel to represent the person. Counsel appointed by the court shall be paid compensation determined by the appellate court as provided in ORS 135.055 if the circuit court is the appellate court or as provided in ORS 138.500 if the Court of Appeals or the Supreme Court is the appellate court.

(2)(a) When the court appoints counsel to represent the child, ward, youth or youth offender, it may require the parent, if able, or guardian of the estate, if the estate is able, to pay to the State Court Indigent Defense Account in the General Fund in full or in part the administrative costs of determining the ability of the parents or estate to pay for legal services and the costs of the legal and other services that are related to the provision of appointed counsel.

(b) The test of the parent’s or estate’s ability to pay costs under paragraph (a) of this subsection [shall be] is the same test as applied to appointment of counsel for defendants under ORS 135.050. If counsel is provided at state expense, the court shall apply this test in accordance with the rules of the State Court Administrator adopted under ORS 151.487.

(c) If counsel is provided at state expense, the court shall determine the amount the parents or estate [shall be] is required to pay for the costs of administrative, legal and other services related to the provision of appointed counsel in the same manner as this amount is determined under ORS 151.487.

(d) The court’s order of payment [shall be] is enforceable in the same manner as an order of support under ORS 419B.408 and 419C.600.

(3) When the court appoints counsel and the child, ward, youth, youth offender, parent or guardian is without sufficient financial means to employ counsel, the compensation for counsel and costs and expenses necessary to the appeal shall be allowed and paid as provided in ORS 135.055 if the circuit court is the appellate court or as provided in ORS 138.500 if the Court of Appeals or the Supreme Court is the appellate court.

SECTION 32. ORS 419A.211, as amended by section 56, chapter 962, Oregon Laws 2001, is amended to read:

419A.211. (1) If the child, ward, youth, youth offender, parent or guardian is determined to be entitled to, and financially eligible for, appointment of counsel at state expense in an appeal as provided in ORS 419A.200 and 419A.208, the court, upon request of the person or upon its own motion, shall appoint suitable counsel to represent the person. Counsel appointed by the court shall be paid compensation determined by the public defense services executive director as provided in ORS 135.055 if the circuit court is the appellate court or as provided in ORS 138.500 if the Court of Appeals or the Supreme Court is the appellate court.

(2)(a) When the court appoints counsel to represent the child, ward, youth or youth offender, it may order the parent, if able, or guardian of the estate, if the estate is able, to pay to the Public Defense Services Account in the General Fund, through the clerk of the court, in full or in part the administrative costs of determining the ability of the parents or estate to pay for legal services and the costs of the legal and other services that are related to the provision of appointed counsel.

(b) The test of the parent’s or estate’s ability to pay costs under paragraph (a) of this subsection is the same test as applied to appointment of counsel for defendants under ORS 151.216. If counsel is provided at state expense, the court shall apply this test in accordance with the guidelines adopted by the Public Defense Services Commission under ORS 151.485.

(c) If counsel is provided at state expense, the court shall determine the amount the parents or estate is required to pay for the costs of administrative, legal and other services related to the provision of appointed counsel in the same manner as this amount is determined under ORS 151.487.

(d) The court’s order of payment is enforceable in the same manner as an order of support under ORS 419B.408 and 419C.600.

(3) When the court appoints counsel and the child, ward, youth, youth offender, parent or guardian has been determined to be entitled to, and financially eligible for, appointed counsel at state expense, the compensation for counsel and costs and expenses necessary to the appeal shall be determined and paid as provided in ORS 135.055 if the circuit court is the appellate court or as provided in ORS 138.500 if the Court of Appeals or the Supreme Court is the appellate court.

SECTION 33. ORS 419A.250 is amended to read:

419A.250. (1) A child, ward, youth or youth offender may be photographed or fingerprinted by a law enforcement agency:

(a) Pursuant to a search warrant;

(b) According to laws concerning adults if the youth has been transferred to criminal court for prosecution;

(c) Upon consent of both the child or youth and the [child’s] child or youth’s parent after advice that they are not required to give such consent;

(d) Upon request or consent of the child’s parent alone if the child is less than 10 years of age, and if the law enforcement agency delivers the original photographs or fingerprints to the parent and does not make or retain any copies thereof; or

(e) By order of the juvenile court.

(2) When a youth is taken into custody under ORS 419C.080, the law enforcement agency taking the youth into custody shall photograph and fingerprint the youth. When a youth is found within the jurisdiction of the juvenile court for the commission of an act that would constitute a crime if committed by an adult, the court shall ensure that the [youth’s] youth offender’s fingerprints have been taken. The law enforcement agency attending upon the court is the agency responsible for obtaining the fingerprints. The law enforcement agency attending upon the court may, by agreement, arrange for another law enforcement agency to obtain the fingerprints on the attending agency’s behalf.

(3) Fingerprint and photograph files or records of children [shall], wards, youths and youth offenders must be kept separate from those of adults, and fingerprints and photographs known to be those of a child [shall] may be maintained on a local basis only and may not sent to a central state or federal depository.

(4) Fingerprint and photograph files or records of a child,[shall be] ward, youth or youth offender are open to inspection only by, or the contents disclosed only to, the following:

(a) Public agencies for use in investigation or prosecution of crimes and of conduct by a child, [which] ward, youth or youth offender that if committed by an adult would be an offense, provided that a law enforcement agency may provide information to another agency only when the information is pertinent to a specific investigation by that agency;

(b) The juvenile department and the juvenile court having the child, ward, youth or youth offender before it in any proceeding;

(c) Caseworkers and counselors taking action or otherwise responsible for planning and care of the child, ward, youth or youth offender;

(d) The parties to the proceeding and their counsel; and

(e) The victim or a witness of an act or behavior described under ORS 419C.005 (1) or the victim’s parent, guardian, personal representative or subrogee, when necessary to identify the [child] youth or youth offender committing the act or behavior and identifying the apparent extent of the [child’s] youth or youth offender’s involvement in the act or behavior.

(5)(a) Fingerprint and photograph files or records of youths [shall] and youth offenders must be sent to a central state depository in the same manner as fingerprint and photograph files or records of adults. The fingerprint and photograph files or records of a youth or youth offender sent to a central depository under this subsection [shall be] are open to inspection in the same manner and under the same circumstances as fingerprint and photograph files or records of adults.

(b) A party filing a petition alleging that a youth is within the jurisdiction of the court under ORS 419C.005 shall notify the central state depository of the following:

(A) The filing of a petition alleging that a youth committed an act that if committed by an adult would constitute a crime; or

(B) The dismissal of a petition alleging that a youth committed an act that if committed by an adult would constitute a crime.

(c) The juvenile court shall notify the central state depository of the disposition of a case in which jurisdiction is based on ORS 419C.005.

(d) The Department of State Police shall delete the fingerprint and photograph files or records of a youth or youth offender from the depository and destroy the files or records relating to the conduct that caused the files or records to be sent to the depository:

(A) One year after receiving the files, if the central state depository has not received notice under paragraph (b) of this subsection;

(B) No later than one year following receipt of a notice of dismissal of a petition under paragraph (b)(B) of this subsection; or

(C) In all other circumstances, no later than five years and 30 days after fingerprint and photograph files or records are sent to the central state depository.

(6) Fingerprint and photograph files and records of a child, ward, youth or youth [shall] offender must be expunged when the juvenile court orders expunction of a [child’s or youth’s] child, ward, youth or youth offender’s record pursuant to ORS 419A.260 and 419A.262.

(7) The parent or guardian of a missing child may submit a fingerprint card and photograph of the child to a law enforcement agency at the time a missing person report is made. The law enforcement agency may submit the fingerprint file to the Department of State Police Bureau of Criminal Identification. The information [shall] must be entered into the Law Enforcement Data System and the Western Identification Network Automated Fingerprint Identification System.

(8) When fingerprint files or records are submitted under subsection (7) of this section, the Department of State Police shall enter in a special index in the computerized criminal history files the name of the child and the name of the county or agency that submitted the fingerprint file or record.

(9) Fingerprints and other information entered in any data system pursuant to subsection (7) of this section [shall] must be deleted when the child is located.

SECTION 34. ORS 419A.255 is amended to read:

419A.255. (1) The clerk of the court shall keep a record of each case, including therein the summons and other process, the petition and all other papers in the nature of pleadings, motions, orders of the court and other papers filed with the court, but excluding reports and other material relating to the [child’s or youth’s] child, ward, youth or youth offender’s history and prognosis. The record of the case shall be withheld from public inspection but [shall be] is open to inspection by the child, ward, [or] youth, youth offender, parent, guardian, court appointed special advocate, surrogate or a person allowed to intervene in a proceeding involving the child, ward [or] youth or youth offender [under ORS 109.119 (1)], and their attorneys. The attorneys are entitled to copies of the record of the case.

(2) Reports and other material relating to the [child’s or youth’s] child, ward, youth or youth offender’s history and prognosis are privileged and, except at the request of the child, ward, [or] youth or youth offender, [shall] may not be disclosed directly or indirectly to anyone other than the judge of the juvenile court, those acting under the judge’s direction, service providers in the case and the attorneys of record for the child, ward, [or] youth or youth offender or the [child’s or youth’s] child, ward, youth or youth offender’s parent, guardian, court appointed special advocate, surrogate or person allowed to intervene in a proceeding involving the child, ward, [or] youth or youth offender [under ORS 109.119 (1)]. Reports and other material relating to a youth offender’s history and prognosis in cases under ORS 419C.005 may be disclosed to the superintendent of the school district in which the youth offender resides. The service providers in the case, school superintendents and attorneys are entitled to examine and obtain copies of any reports or other material relating to the [child’s or youth’s] child, ward, youth or youth offender’s history and prognosis. Any service provider in the case, school superintendent or attorney who examines or obtains copies of such reports or materials is responsible for preserving their confidentiality. A service provider or school superintendent who obtains copies of such reports or materials shall return the copies to the court upon the conclusion of the service provider’s or superintendent’s involvement in the case.

(3) Except as otherwise provided in subsection (7) of this section, no information appearing in the record of the case or in reports or other material relating to the [child’s or youth’s] child, ward, youth or youth offender’s history or prognosis may be disclosed to any person not described in subsection (2) of this section without the consent of the court, except for purposes of evaluating the [child’s or youth’s] child, ward, youth or youth offender’s eligibility for special education as provided in ORS chapter 343, and no such information may be used in evidence in any proceeding to establish criminal or civil liability against the child, ward, [or] youth or youth offender, whether such proceeding occurs after the child, ward, [or] youth or youth offender has reached 18 years of age or otherwise, except for the following purposes:

(a) In connection with a presentence investigation after [the] guilt [of the youth] has been admitted or established in a criminal court.

(b) In connection with a proceeding in another juvenile court concerning the child, ward, [or] youth or youth offender or an appeal from the juvenile court.

(4) If the court finds that the child, ward, [or] youth, youth offender or parent is without financial means to purchase all or a necessary part of the transcript of the evidence or proceedings, the court shall order upon motion the transcript or part thereof to be furnished. The transcript or part thereof furnished under this subsection shall be paid for in the same manner as furnished transcripts are paid for in criminal cases.

(5) Notwithstanding any other provision of law, the following are not confidential and not exempt from disclosure:

(a) The name and date of birth of the youth or youth offender;

(b) The basis for the juvenile court’s jurisdiction over the youth or youth offender;

(d) The act alleged in the petition that if committed by an adult would constitute a crime if jurisdiction is based on ORS 419C.005;

(e) That portion of the juvenile court order providing for the legal disposition of the youth or youth offender when jurisdiction is based on ORS 419C.005;

(f) The names and addresses of the [youth’s] youth or youth offender’s parents or guardians; and

(g) The register described in ORS 7.020 when jurisdiction is based on ORS 419C.005.

(6) Notwithstanding any other provision of law, when a youth has been taken into custody under ORS 419C.080, the following information shall be disclosed unless, and only for so long as, there is a clear need to delay disclosure in the course of a specific investigation, including the need to protect the complaining party or the victim:

(a) The youth’s name and age and whether the youth is employed or in school;

(b) The youth offense for which the youth was taken into custody;

(c) The name and age of the adult complaining party and the adult victim, unless the disclosure of such information is otherwise prohibited or restricted;

(d) The identity of the investigating and arresting agency; and

(e) The time and place that the youth was taken into custody and whether there was resistance, pursuit or a weapon used in taking the youth into custody.

(7)(a) Information contained in reports and other materials relating to a [child’s or youth’s] child, ward, youth or youth offender’s history and prognosis that, in the professional judgment of the juvenile counselor, caseworker, school superintendent, teacher or detention worker to whom the information for the reports or other materials has been provided, indicates a clear and immediate danger to another person or to society shall be disclosed to the appropriate authority and the person or entity who is in danger from the child, ward, youth or youth offender.

(b) An agency or a person who discloses information under paragraph (a) of this subsection [shall have] has immunity from any liability, civil or criminal, that might otherwise be incurred or imposed for making the disclosure.

(c) Nothing in this subsection affects the provisions of ORS 146.750, 146.760, 419B.035, 419B.040 and 419B.045. The disclosure of information under this section does not make the information admissible in any court or administrative proceeding if it is not otherwise admissible.

(8) A county juvenile department is the agency responsible for disclosing youth and youth offender records [and records relating to nonadjudicated youths] if the records are subject to disclosure.

SECTION 34a. If House Bill 2091 becomes law, section 34 of this 2003 Act (amending ORS 419A.255) is repealed and ORS 419A.255, as amended by section 4, chapter 143, Oregon Laws 2003 (Enrolled House Bill 2091), is amended to read: