72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
HA to HB 2091
 
LC 1331/HB 2091-2
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2091
 
                    By COMMITTEE ON JUDICIARY
 
                            March 25
 
  On page 1 of the printed bill, line 2, delete 'creating new
provisions; and'.
  In line 3, delete 'and 419C.258' and insert ', 419A.255 and
419B.851'.
  On page 2, line 44, after 'guardianship' insert 'or custody'.
  On page 4, line 45, after 'guardianship' insert 'or custody'.
  On page 6, line 4, delete 'minor who is a'.
  Delete lines 21 and 22.
  In line 23, restore the bracketed material and delete the
boldfaced material.
  On page 7, delete lines 18 through 29 and insert:
  '  { +  SECTION 4. + } 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 history and prognosis. The record of the case
shall be withheld from public inspection but shall be open to
inspection by the child or youth, parent, guardian, court
appointed special advocate, surrogate or a person allowed to
intervene in a proceeding involving the child or youth 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 history and prognosis are privileged and, except at the
request of the child or youth, shall 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 or youth or
the child's or youth's parent, guardian, court appointed special
advocate, surrogate or person allowed to intervene in a
proceeding involving the child or youth 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 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
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
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 or
youth, whether such proceeding occurs after the child or youth
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 or youth or an appeal from the juvenile
court.
  ' (4) If the court finds that the child or youth 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;
  ' (b) The basis for the juvenile court's jurisdiction over the
youth;
  ' (c) The date, time and place of any juvenile court proceeding
in which the youth is involved;
  ' (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 when jurisdiction is based on
ORS 419C.005;
  ' (f) The names and addresses of the youth'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 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 or youth.
  ' (b) An agency or a person who discloses information under
paragraph (a) of this subsection shall have 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 offender records and records relating to
nonadjudicated youths if the records are subject to disclosure.
 { +
  ' (9) A petition filed under ORS 419B.851 alleging that a child
who is a foreign national is within the jurisdiction of the
court, or a motion requesting an implementation plan other than
return of the child to the child's parent, is subject to
disclosure to the consulate for the child's country as provided
under ORS 419B.851 (3). + }
  '  { +  SECTION 5. + } ORS 419B.851 is amended to read:
  ' 419B.851. (1) Except as otherwise provided in ORS 419B.800 to
419B.929, every order, every petition and answer subsequent to
the original petition, every written motion other than one that
may be heard ex parte and every written request and similar paper
must be served upon each of the parties.
  ' (2)(a) Whenever under ORS 419B.800 to 419B.929 service is
required or permitted to be made upon a party, and that party is
represented by an attorney, the service must be made upon the
attorney unless otherwise ordered by the court. Service upon the
attorney or upon a party must be made by delivering a copy to the
attorney or party, by mailing it to the attorney's or party's
last known address or, if the party is represented by an
attorney, by facsimile communication device as provided in
subsection (5) of this section. As used in this paragraph,
'delivery of a copy ' means:
  ' (A) Handing it to the person to be served;
  ' (B) Leaving it at the person's office with the person's clerk
or a person apparently in charge of the office or, if there is no
one in charge, leaving it in a conspicuous place in the office;
or
  ' (C) If the office is closed or the person to be served has no
office, leaving it at the person's dwelling house or usual place
of abode with a person who is over 14 years of age and who
resides at the dwelling house or usual place of abode.
  ' (b) A party who has appeared without providing an appropriate
address for service may be served by placing a copy of the paper
required to be served in the court file. Service by mail is
complete upon mailing. Service of any notice or other paper to
bring a party into contempt may only be upon such party
personally.
  '  { +  (3) When a petition is filed under subsection (1) of
this section alleging that a child who is a foreign national is
within the jurisdiction of the court, or when a motion is filed
requesting implementation of a plan other than return of the
child to the child's parent, a copy of the petition or motion
shall be served on the consulate for the child's country. + }
  '  { - (3) - }  { +  (4) + } All papers required to be served
upon a party under subsection (1) of this section must be filed
with the court within a reasonable time after service. Except as
otherwise provided in ORS 419B.812 to 419B.839 and 419B.845,
proof of service of all papers required or permitted to be served
may be by written acknowledgment of service, by an affidavit of
the person making service or by a certificate of an attorney.
Proof of service may be made upon the papers served or as a
separate document attached to the papers. When service is made by
facsimile communication device, proof of service must be made by
an affidavit of the person making service or by a certificate of
an attorney. The printed confirmation of receipt of the message
generated by the facsimile machine must be attached to the
affidavit or certificate.
  '  { - (4) - }  { +  (5) + } The filing of any papers with the
court must be made by filing them with the clerk of the court or
the person exercising the duties of that office. The clerk or the
person exercising the duties of that office shall indorse the
time of day, day of the month, month and year upon the paper. The
clerk or person exercising the duties of that office is not
required to receive any paper for filing unless:
  ' (a) The contents of the paper are legible; and
  ' (b) All of the following are legibly indorsed on the front of
the paper:
  ' (A) The name of the court;
  ' (B) The title of the cause and the paper;
  ' (C) The names of the parties; and
  ' (D) If there is one, the name of the attorney for the parties
requesting filing.
  '  { - (5) - }  { +  (6) + } Whenever under ORS 419B.800 to
419B.929 service is required or permitted to be made upon a party
and that party is represented by an attorney, the service may be
made upon the attorney by means of a facsimile if the attorney
maintains such a device at the attorney's office and the device
is operating at the time service is made.'.
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