72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 1094
Senate Bill 69
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 Committee on
Judiciary for Oregon Law Commission)
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 as
introduced.
Modifies references to child, youth and youth offender in
general provisions relating to juvenile court.
A BILL FOR AN ACT
Relating to juveniles; amending ORS 419A.002, 419A.004, 419A.012,
419A.014, 419A.015, 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.150, 419A.170, 419A.190, 419A.200,
419A.205, 419A.208, 419A.211, 419A.250, 419A.255 and 419A.260.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 419A.002 is amended to read:
419A.002. (1) The juvenile court is a court of record and
exercises jurisdiction as a court of general and equitable
jurisdiction and not as a court of limited or inferior
jurisdiction. The juvenile court is called 'The ______ Court
of ______ County, Juvenile Department. '
(2) It is the policy of the State of Oregon to recognize that
{ - children - } { + persons under the age of 18 years + }
are individuals who have legal rights. The provisions of this
chapter and ORS chapters 419B and 419C shall be liberally
construed to the end that a child { + or youth + } coming
within the jurisdiction of the court may receive such care,
guidance, treatment and control as will lead to the
{ - child's - } { + child, youth or youth offender's + }
welfare and the protection of the community. Although there is a
strong preference that children { + , youths and youth
offenders + } live in their own homes with their own families,
the state recognizes that this is not always possible or in the
best interests of the child { + , youth, youth offender + } or
the public.
(3) The State of Oregon recognizes the value of the Indian
Child Welfare Act, 25 U.S.C. 1901 to 1923, and hereby
incorporates the policies of that Act.
SECTION 2. 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 { + or youth offenders + } 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) 'Department' means the Department of Human Services.
(11) '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 - } { + youths or
youth offenders + } pursuant to a judicial commitment or order.
(12) 'Director' means the director of a juvenile department
established under ORS 419A.010 to 419A.020 and 419A.050 to
419A.063.
(13) 'Guardian' means guardian of the person and not guardian
of the estate.
(14) '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) 'Juvenile court' means the court having jurisdiction of
juvenile matters in the several counties of this state.
(16) 'Local citizen review board' means the board specified by
ORS 419A.090 and 419A.092.
(17) 'Parent' means the biological or adoptive mother { - of
the child - } and the legal or adoptive father of the
child { + , 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, { + youth or youth
offender, + } at the time of conception;
(b) A man married to the mother of the child { + , 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 { + , youth or youth offender + } after the birth of the
child { + , 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) '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 { + or youth offender + } 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 { - , - }
{ + or youth offender + } means the place where the
child { + , + } { - or - } youth { + or youth offender + } is
actually living or the jurisdiction in which wardship of
{ - the - } { + a + } child { + , + } { - or - } youth
{ + or youth offender + } 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 { + , youth or youth offender + } who
is taken into temporary custody pending investigation and
disposition
{ - where - } { + when + } the circumstances are such that
the child { + , youth or youth offender + } 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 { + children, + }
youths { + and youth offenders + } pending further placement.
(28) '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 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 { + , youth or youth offender + }
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 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 3. 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 { + , 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 { + , 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 { + , youth or youth offender + }
before and after the hearing as may be directed by the court.
SECTION 4. 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 - } { + youths or youth
offenders + } are held in preadjudicative detention and the
duration of the detention.
SECTION 5. ORS 419A.015 is amended to read:
419A.015. (1)(a) Once each month, a county juvenile department
shall provide to each school district in the county a list of all
{ - youth offenders - } { + persons + } enrolled in a school
in the school district who are on probation by order of the
juvenile court in the county. The department shall include in the
list the name and business telephone number of the juvenile
counselor or probation officer assigned to each case.
(b) When a { - youth offender - } { + person + } who is on
probation transfers from one school district to a different
school district, the juvenile counselor or probation officer
assigned to the case shall notify the superintendent of the
school district to which the { - youth offender - }
{ + person + } has transferred of the { - youth offender's - }
{ + person's + } probation status. The juvenile counselor or
probation officer shall make the notification no later than 72
hours after the juvenile counselor or probation officer knows of
the transfer.
(2) Upon request by the school district, the juvenile
department shall provide additional information, including the
offense that brought the { - youth offender - }
{ + person + } within the jurisdiction of the juvenile court and
such other information that is subject to disclosure under ORS
419A.255 (5).
(3) In addition to the general notification required by
subsection (1) of this section, the juvenile department:
(a) Shall notify the school district of the specific offense if
the act bringing the { - youth offender - } { + person + }
within the jurisdiction of the juvenile court involved a firearm
or delivery of a controlled substance.
(b) May notify the school district of the specific offense if
the act bringing the { - youth offender - } { + person + }
within the jurisdiction of the juvenile court involved a
violation of ORS 163.355 to 163.445 or 163.465 or any other
offense if the juvenile department believes the { - youth
offender - } { + person + } represents a risk to other students
or school staff.
(4) When a school district receives notice under this section,
the school district may disclose the information only to those
school employees the district determines need the information in
order to safeguard the safety and security of the school,
students and staff. A person to whom personally identifiable
information is disclosed under this subsection may not disclose
the information to another person except to carry out the
provisions of this subsection.
(5) Except as otherwise provided in ORS 192.490, a juvenile
department, school district or anyone employed or acting on
behalf of a juvenile department or school district who sends or
receives records under this section is not liable civilly or
criminally for failing to disclose the information under this
section.
SECTION 6. 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 { + , 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 { + ,
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 7. 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 { + ,
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 8. 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 { + , 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 9. 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 { + , 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 10. 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 11. 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 { + , + } { - 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 { + , + } { - 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 12. 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;
(c) At least one shower for every 10 detainees;
(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;
(c) Corridors of at least six feet in width;
(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 13. 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 14. 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 15. ORS 419A.059 is amended to read:
419A.059. The juvenile court of each county shall designate the
place or places in which children { + , 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, { + 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 16. 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 17. 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 18. 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, { + 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 19. 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,
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, 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
attorney, if any, fulfill their obligations to the child 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 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 - } { + 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, 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 involved in the
case, without the consent of the child 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 + } 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 20. 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,
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, 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
attorney, if any, fulfill their obligations to the child 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 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 - } { + 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, 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 involved in the
case, without the consent of the child 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 + } 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 21. 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 { + , 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, 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 22. 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 { + , 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
(C) On the juvenile court transcript coordinator, if a
transcript is designated in connection with the appeal.
(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 { + , youth or youth offender + } from the
custody of the person, institution or agency in whose custody the
child { + , youth 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 - }
{ + child, youth 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 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 23. 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;
(c) Any final disposition of a petition; and
(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 24. 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;
(C) The { - child's - } { + youth's + } past and present
residences;
(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 + }.
(C) Any other reasonable restriction designed to ensure the
{ - child's - } { + youth's + } appearance.
SECTION 25. ORS 419A.211 is amended to read:
419A.211. (1) If the child, { + 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,
{ + 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, { + 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 26. ORS 419A.211, as amended by section 56, chapter
962, Oregon Laws 2001, is amended to read:
419A.211. (1) If the child, { + 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,
{ + 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, { + 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 27. ORS 419A.250 is amended to read:
419A.250. (1) A { + person under the age of 18 years, + }
child { + , 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 - }
{ + person's + } parent alone if the { - child - }
{ + person + } 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 - } { + , 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 not sent to a
central state or federal depository.
(4) Fingerprint and photograph files or records of a
child { + , + }
{ - shall be - } { + 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 - } { +
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 { + , 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 { + , 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 - } { + child, 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 { + , youth + } or youth { - shall - } { + offender
must + } be expunged when the juvenile court orders expunction of
a { - child's or youth's - } { + child, youth or youth
offender's + } record pursuant to ORS 419A.260 and 419A.262.
(7) The parent or guardian of a missing { - child - }
{ + person under the age of 18 years + } may submit a
fingerprint card and photograph of the { - child - }
{ + missing person + }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 - } { + person under
the age of 18 years + } 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 - } { + person
under the age of 18 years + } is located.
SECTION 28. 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, 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 { + , + }
{ - or - } youth { + , youth offender + }, parent, guardian,
court appointed special advocate, surrogate or a person allowed
to intervene in a proceeding involving the child { + , + }
{ - 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, youth or youth offender's + } history
and prognosis are privileged and, except at the request of the
child { + , + } { - 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 { + , + }
{ - or - } youth { + or youth offender + } or the
{ - child's or youth's - } { + child, youth or youth
offender's + } parent, guardian, court appointed special
advocate, surrogate or person allowed to intervene in a
proceeding involving the child { + , + } { - 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, 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, 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, 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 { + , + } { - or - } youth { + or youth offender + },
whether such proceeding occurs after the child { + , + }
{ - 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 { + , + } { - or - } youth { + or youth
offender + } or an appeal from the juvenile court.
(4) If the court finds that the child { + , + } { - 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 + };
(c) The date, time and place of any juvenile court proceeding
in which the youth { + or youth offender + } 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 { + 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, 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 { + , + }
{ - or - } 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 29. ORS 419A.260 is amended to read:
419A.260. (1) As used in this section and ORS 419A.262:
(a) 'Contact' means any instance in which a person's act or
behavior, or alleged act or behavior, which could result in a
juvenile court's assumption of jurisdiction under ORS 419B.100
(1)(a) to (c) and (f) or 419C.005 comes to the attention of an
agency specified in paragraph (d) of this subsection.
(b) 'Expunction' means:
(A) The removal and destruction or sealing of a judgment or
order related to a contact and all records and references; and
(B) { - Where - } { + When + } a record is kept by the
Department of Human Services or the Oregon Youth Authority,
either the sealing of such record by the department or the Oregon
Youth Authority or, in a multiperson file, the affixing to the
front of the file, by the department or the youth authority, a
stamp or statement identifying the name of the individual, the
date of expunction and instruction that no further reference
{ - shall - } { + may + } be made to the material that is
subject to the expunction order except upon an order of a court
of competent jurisdiction.
(c) 'Person' includes a person under 18 years of age.
(d) 'Record' includes a fingerprint or photograph file, report,
exhibit or other material which contains information relating to
a person's contact with any law enforcement agency or juvenile
court or juvenile department and is kept manually, through the
use of electronic data processing equipment, or by any other
means by a law enforcement or public investigative agency, a
juvenile court or juvenile department or an agency of the State
of Oregon. 'Record' does not include:
(A) A transcript of a { - student's - } { + person's + }
Youth Corrections Education Program academic record;
(B) Material on file with a public agency { - which - } { +
that + } is necessary for obtaining federal financial
participation regarding financial assistance or services on
behalf of a person who has had a contact;
(C) Records kept or disseminated by the Department of
Transportation, State Marine Board and State Fish and Wildlife
Commission pursuant to juvenile or adult order or recommendation;
(D) Police and court records related to an order of waiver
{ - where - } { + when + } the matter is still pending in the
adult court or on appeal therefrom, or to any disposition as an
adult pursuant to
{ - such - } { + the + } order;
(E) Records related to a support obligation;
(F) Medical records;
(G) Records of a proposed or adjudicated termination of
parental rights and adoptions;
(H) Any law enforcement record of a person who currently does
not qualify for expunction or of current investigations or cases
waived to the adult court;
(I) Records and case reports of the Oregon Supreme Court and
the Oregon Court of Appeals;
(J) Any records in cases under ORS 419C.005 in which a juvenile
court found a person to be within the jurisdiction of the court
based upon the person's commission of an act { - which - }
{ + that + } if done by an adult would constitute one of the
following offenses:
(i) Aggravated murder under ORS 163.095;
(ii) Murder under ORS 163.115;
(iii) Attempt, solicitation or conspiracy to commit murder or
aggravated murder;
(iv) Manslaughter in the first degree under ORS 163.118;
(v) Manslaughter in the second degree under ORS 163.125;
(vi) Criminally negligent homicide under ORS 163.145;
(vii) Assault in the first degree under ORS 163.185;
(viii) Criminal mistreatment in the first degree under ORS
163.205;
(ix) Kidnapping in the first degree under ORS 163.235;
(x) Rape in the third degree under ORS 163.355;
(xi) Rape in the second degree under ORS 163.365;
(xii) Rape in the first degree under ORS 163.375;
(xiii) Sodomy in the third degree under ORS 163.385;
(xiv) Sodomy in the second degree under ORS 163.395;
(xv) Sodomy in the first degree under ORS 163.405;
(xvi) Unlawful sexual penetration in the second degree under
ORS 163.408;
(xvii) Unlawful sexual penetration in the first degree under
ORS 163.411;
(xviii) Sexual abuse in the third degree under ORS 163.415;
(xix) Sexual abuse in the second degree under ORS 163.425;
(xx) Sexual abuse in the first degree under ORS 163.427;
(xxi) Promoting prostitution under ORS 167.012;
(xxii) Compelling prostitution under ORS 167.017; or
(xxiii) An attempt to commit a crime listed in this
subparagraph other than manslaughter in the second degree and
criminally negligent homicide;
(K) Blood samples, buccal samples and other physical evidence
and identification information obtained, stored or maintained by
the Department of State Police under authority of ORS 137.076,
181.085 or 419C.473; or
(L) Records maintained in the Law Enforcement Data System under
ORS 181.592.
(e) 'Termination' means:
(A) For a person who is the subject of a record kept by a
juvenile court or juvenile department, the final disposition of a
case by informal means, by a decision not to place the person on
probation or make the person a ward of the court after the person
has been found to be within the court's jurisdiction, or by a
discontinuance of probation or of the court's wardship.
(B) For a person who is the subject of a record kept by a law
enforcement or public investigative agency, a juvenile court or
juvenile department or an agency of the State of Oregon, the
final disposition of the person's most recent contact with a law
enforcement agency.
(2) The juvenile court or juvenile department shall make
{ + a + } reasonable effort to provide written notice to a child
who is within the court's jurisdiction under ORS 419B.100 (1)(a)
to (c) and (f) or to a youth { + or youth offender + } who is
within the court's jurisdiction under ORS 419C.005, and to the
{ - child's or youth's - } { + child, youth or youth
offender's + } parent { + or guardian + }, of the procedures for
expunction of a record, the right to counsel under this chapter,
the legal effect of an expunction order and the procedures for
seeking relief from the duty to report as a sex offender provided
under ORS 181.607, at the following times:
(a) At any dispositional hearing or at the time of entering
into a formal accountability agreement;
(b) At the time of termination;
(c) Upon notice to the subject of an expunction pending
pursuant to application of a juvenile department or motion on a
juvenile court; and
(d) At the time of notice of execution of an expunction order.
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