68th OREGON LEGISLATIVE ASSEMBLY--1995 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 3063
House Bill 2011
Sponsored by Representatives LEWIS, MANNIX; Representative
TIERNAN
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.
Revises juvenile code.
A BILL FOR AN ACT
Relating to juveniles; creating new provisions; amending ORS
137.124, 161.620, 169.800, 419A.004, 419A.012, 419A.063,
419A.150, 419A.170, 419A.200, 419A.250, 419A.255, 419B.100,
419B.157, 419B.268, 419C.005, 419C.013, 419C.050, 419C.053,
419C.085, 419C.091, 419C.094, 419C.100, 419C.103, 419C.106,
419C.109, 419C.130, 419C.136, 419C.139, 419C.145, 419C.150,
419C.153, 419C.156, 419C.170, 419C.173, 419C.230, 419C.233,
419C.236, 419C.239, 419C.242, 419C.250, 419C.261, 419C.270,
419C.285, 419C.300, 419C.303, 419C.340, 419C.349, 419C.358,
419C.361, 419C.364, 419C.374, 419C.443, 419C.450, 419C.453,
419C.610, 420.011, 420.525, 420.860, 659.030 and 670.290; and
repealing ORS 419A.190, 419A.260, 419A.262, 419C.176, 419C.280,
419C.343, 419C.352 and 419C.492.
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 { - and 419C.005 - }
.
(3) 'Child care center' means a residential facility for the
care and supervision of children that is licensed under the
provisions of ORS 418.240.
(4) 'Community service' has the meaning given that term in ORS
137.126.
(5) 'Conflict of interest' means a person appointed to a local
citizen review board who has a personal or pecuniary interest in
a case being reviewed by that board.
(6) 'Counselor' means a juvenile department counselor.
(7) 'Court' means the juvenile court.
(8) 'Court appointed special advocate' or 'CASA' means a person
appointed by the court pursuant to a CASA Volunteer Program to
act as special advocate for a child pursuant to ORS 419A.170.
(9) '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 or delinquent children
pursuant to a judicial commitment or order.
(10) 'Director' means the director of a juvenile department
established under ORS 419A.010 to 419A.020 and 419A.050 to
419A.063.
(11) 'Division' means the Children's Services Division.
(12) 'Guardian' means guardian of the person and not guardian
of the estate.
(13) 'Indian child' means any unmarried person less than 18
years of age who is:
(a) A member of an Indian tribe;
(b) Eligible for membership in an Indian tribe and is the
biological child of a member of an Indian tribe; or
(c) Covered by the terms of an Indian Child Welfare Act
agreement between Oregon and an Indian tribe.
(14) { + ' Juvenile' means a person who is within the
jurisdiction, or alleged to be within the jurisdiction, of the
juvenile court as provided in ORS 419C.005. + }
{ + (15) + } 'Juvenile court' means the court having
jurisdiction of juvenile matters in the several counties of this
state.
{ - (15) - } { + (16) + } 'Local citizen review board'
means the board specified by ORS 419A.090 and 419A.092.
{ - (16) - } { + (17) + } 'Parent' means the biological or
adoptive mother of the child and the legal or adoptive father of
the child. A legal father includes:
(a) A nonimpotent, nonsterile man who was cohabiting with his
wife, who is the mother of the child, at the time of conception;
(b) A man married to the mother of the child at the time of
birth, where there is no decree of separation and the presumption
of paternity has not been disputed;
(c) A biological father who marries the mother of the child
after the birth of the child;
(d) A biological father who has established or declared
paternity through filiation proceedings or under ORS 416.400 to
416.470; and
(e) A biological father who has, with the mother, established
paternity through a joint declaration of paternity under ORS
109.070.
{ - (17) - } { + (18) + } 'Records' means any information
in written form, pictures, photographs, charts, graphs,
recordings or documents pertaining to a case.
{ - (18) - } { + (19) + } 'Resides' or 'residence,' when
used in reference to the residence of a child, means the place
where the child is actually living and not the legal residence or
domicile of the parent or guardian.
{ - (19) - } { + (20) + } 'Restitution' has the meaning
given that term in ORS 137.103.
{ - (20) - } { + (21) + } 'Shelter care' means a home or
other facility suitable for the safekeeping of a child who is
taken into temporary custody pending investigation and
disposition where the circumstances are such that the child does
not need to be kept in secure custody.
{ - (21) - } { + (22) + } 'Substitute care' means an
out-of-home placement directly supervised by the division 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 training school;
(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.
{ - (22) - } { + (23) + } 'Surrogate' means a person
appointed by the court to protect the right of the child to
receive procedural safeguards with respect to the provision of
free appropriate public education.
{ - (23) - } { + (24) + } '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.
{ - (24) - } { + (25) + } 'Youth care center' has the
meaning given that term in ORS 420.855.
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
{ + or juvenile + } brought before the court and report fully
thereon to the court.
(2) Be present in court to represent the interests of the
{ - child when the case is heard - } { + public and make
recommendations that will promote the protection of the community
and the accountability of juveniles involved in unlawful
conduct + }.
(3) Furnish such information and assistance as the court
requires.
(4) Take charge of any child { + or juvenile + } before and
after the hearing as may be directed by the court.
{ + (5) Notify persons who are the victims of the unlawful
conduct of a juvenile of any court hearings involving the
juvenile and inform the court of the extent of the victim's
injuries or damages so that the court may properly determine the
restitution needs of the victim. + }
SECTION 3. 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 be
qualified by training and experience in the handling of juvenile
matters, shall have such further qualifications as may be
prescribed by law and shall hold office as such at the pleasure
of the judge. 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 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 the referee conducts a hearing, the persons entitled
to request rehearing as provided in subsection (7) of this
section shall be notified of the referee's findings,
recommendations or order, together with a notice to the effect
that a rehearing shall 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 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, { + a juvenile, + } the parent, guardian,
district attorney, Children's Services Division, juvenile
department or other party affected by the order may request
rehearing. The request for rehearing shall 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 the rehearing occur later than 45
days after the date of the filing of the request. The rehearing
shall be conducted de novo.
(9) Notwithstanding subsection (7) of this section, when a
referee finds { - that a child is not within the jurisdiction
of the court in a proceeding brought under ORS 419C.005, the
district attorney may not request a rehearing - } { + in any
proceeding brought under ORS 419C.005 that the state has failed
to prove beyond a reasonable doubt that the juvenile has
committed an act that would constitute a crime if committed by an
adult, the juvenile is not subject to double jeopardy for the
same conduct that was the subject matter of the original
hearing + }.
{ + (10) Juvenile court referees are subject to
disqualification by the parties in the same manner as judges
under ORS 14.210, 14.250, 14.260 and 14.270. + }
SECTION 4. ORS 419A.250 is amended to read:
419A.250. (1) { + (a) + } A { - child - } { + juvenile who
is alleged to have committed an act that if committed by an adult
would constitute a crime + } may be photographed or fingerprinted
by a law enforcement agency { + the same as an adult. + }
{ - : - }
{ - (a) Pursuant to a search warrant; - }
{ - (b) According to laws concerning adults if the child has
been transferred to criminal court for prosecution; - }
{ - (c) If a child is taken into custody for the commission
of an act which if committed by an adult would constitute a
felony or a Class A misdemeanor and the child's photograph or
fingerprints are needed to complete the investigation of a
crime; - }
{ - (d) Upon consent of both the child and the child's parent
after advice that they are not required to give such consent; - }
{ - (e) - } { + (b) A child may be photographed or
fingerprinted by a law enforcement agency + } 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 { + . + }
{ - ; - }
{ - (f) By order of the juvenile court; or - }
{ - (g) If a child is taken into custody and a law
enforcement agency has probable cause to believe that the child
is involved in a conspiracy or a conspiratorial relationship with
others to commit acts that if committed by an adult would
constitute a felony or a Class A misdemeanor. - }
{ - (2) A child may be photographed or fingerprinted after
the child has been found to be within the jurisdiction of the
juvenile court for an act which if committed by an adult would
constitute a felony or a Class A misdemeanor. - }
{ - (3) Fingerprint and photograph files or records of
children shall be kept separate from those of adults, and
fingerprints and photographs known to be those of a child shall
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 kept separate from the records and files of adults
and shall be 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 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 before it in any proceeding; - }
{ - (c) Caseworkers and counselors taking action or otherwise
responsible for planning and care of the child; - }
{ - (d) The parties to the proceeding and their counsel; - }
{ - (e) A criminal court to which jurisdiction of the child
has been transferred; - }
{ - (f) A criminal court for the purpose of a presentence
report or other dispositional proceeding following conviction of
a criminal offense; and - }
{ - (g) 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 committing the act or behavior and identifying
the apparent extent of the child's involvement in the act or
behavior. - }
{ - (5)(a) - } { + (2) + } { - Notwithstanding
subsections (3) and (4) of this section, - } Fingerprint and
photograph files or records of
{ - children - } { + juveniles + } found to be within the
jurisdiction of the juvenile court for an act which if committed
by an adult would constitute { - one of the crimes listed in
paragraph (b) of this subsection - } { + a crime + } need not
be kept separate from those of adults but may 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 child sent to a central
depository under this subsection shall be open to inspection in
the same manner and under the same circumstances as fingerprint
and photograph files or records of adults.
{ - (b) Paragraph (a) of this subsection applies to the
following crimes: - }
{ - (A) Tampering with a witness under ORS 162.285; - }
{ - (B) Hindering prosecution under ORS 162.325; - }
{ - (C) Aggravated murder under ORS 163.095; - }
{ - (D) Murder under ORS 163.115; - }
{ - (E) Manslaughter in the first degree under ORS
163.118; - }
{ - (F) Manslaughter in the second degree under ORS
163.125; - }
{ - (G) Criminally negligent homicide under ORS 163.145; - }
{ - (H) Assault in the second degree under ORS 163.175; - }
{ - (I) Assault in the first degree under ORS 163.185; - }
{ - (J) Kidnapping in the second degree under ORS
163.225; - }
{ - (K) Kidnapping in the first degree under ORS 163.235; - }
{ - (L) Coercion under ORS 163.275; - }
{ - (M) Rape in the third degree under ORS 163.355; - }
{ - (N) Rape in the second degree under ORS 163.365; - }
{ - (O) Rape in the first degree under ORS 163.375; - }
{ - (P) Sodomy in the third degree under ORS 163.385; - }
{ - (Q) Sodomy in the second degree under ORS 163.395; - }
{ - (R) Sodomy in the first degree under ORS 163.405; - }
{ - (S) Unlawful sexual penetration in the second degree
under ORS 163.408; - }
{ - (T) Unlawful sexual penetration in the first degree under
ORS 163.411; - }
{ - (U) Sexual abuse in the second degree under ORS
163.425; - }
{ - (V) Sexual abuse in the first degree under ORS
163.427; - }
{ - (W) Burglary in the first degree under ORS 164.225; - }
{ - (X) Arson in the second degree under ORS 164.315; - }
{ - (Y) Arson in the first degree under ORS 164.325; - }
{ - (Z) Criminal mischief in the first degree under ORS
164.365; - }
{ - (AA) Robbery in the third degree under ORS 164.395; - }
{ - (BB) Robbery in the second degree under ORS 164.405; - }
{ - (CC) Robbery in the first degree under ORS 164.415; - }
{ - (DD) Intimidation in the second degree under ORS
166.155; - }
{ - (EE) Intimidation in the first degree under ORS
166.165; - }
{ - (FF) Unlawful possession of machine guns, certain
short-barreled firearms and firearms silencers under ORS
166.272; - }
{ - (GG) Use of a firearm during the commission of a felony
under ORS 166.429; - }
{ - (HH) Promoting prostitution under ORS 167.012; and - }
{ - (II) Compelling prostitution under ORS 167.017. - }
{ - (c) No later than five years and 30 days after
fingerprint and photograph files or records are sent to the
central state registry under paragraph (a) of this subsection,
the Department of State Police shall delete the files and records
from the registry and destroy the files and records. - }
{ - (6) Fingerprint and photograph files and records of a
child shall be destroyed when the juvenile court orders
expunction of a child's record pursuant to ORS 419A.260 and
419A.262. - }
{ - (7)(a) - } { + (3) + } Fingerprint and photograph files
of a { - child - } { + juvenile + } who is adjudicated and
found not to be within the jurisdiction of the juvenile court for
an act, which if committed by an adult would constitute a felony
or a misdemeanor, shall be destroyed by the officer charged with
the maintenance of those files within 60 days from the date of
adjudication.
{ - (b) Fingerprint and photograph files of a child who is
not adjudicated and found to be within the jurisdiction of the
juvenile court for an act, which if committed by an adult would
constitute a felony or a misdemeanor, within two years from the
date on which the fingerprints or photograph were obtained, shall
be destroyed by the officer charged with the maintenance of those
files. - }
{ - (8) - } { + (4) + } 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 be entered into the Law
Enforcement Data System and the Western Identification Network
Automated Fingerprint Identification System.
{ - (9) - } { + (5) + } When fingerprint files or records
are submitted under subsection { - (8) - } { + (4) + } 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.
{ - (10) - } { + (6) + } Fingerprints and other information
entered in any data system pursuant to subsection { - (8) - }
{ + (4) + } of this section shall be deleted when the child is
located.
SECTION 5. 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 history and prognosis. The record of the case shall be
withheld from public inspection but shall be open to inspection
by the child, parent, guardian, court appointed special advocate,
surrogate or a person allowed to intervene in a proceeding
involving the child 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 history
and prognosis are privileged and, except at the request of the
child, shall not be disclosed directly or indirectly to anyone
other than the judge of the juvenile court, those acting under
the judge's direction and to the attorneys of record for the
child or the child's parent, guardian, court appointed special
advocate, surrogate or person allowed to intervene in a
proceeding involving the child under ORS 109.119 (1). The
attorneys are entitled to examine and obtain copies of any
reports or other material relating to the child's history and
prognosis. Any attorney who examines or obtains copies of such
reports or materials shall be responsible for preserving their
confidentiality and shall return the copies to the court upon the
conclusion of the attorney's involvement in the case.
(3) Except as otherwise provided in subsection (6) of this
section, no information appearing in the record of the case or in
reports or other material relating to the child'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 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, whether
such proceeding occurs after the child 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 { - child - } { + juvenile + } has been admitted
or established in a criminal court.
(b) In connection with a proceeding in another juvenile court
concerning the child { + or juvenile + } or an appeal from the
juvenile court.
(4) If the court finds that the child { + , juvenile + } 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 name
of the juvenile, the basis for the juvenile court's jurisdiction
over the juvenile, the date, time and place of any juvenile court
proceeding in which the juvenile is involved and that portion of
the juvenile court order providing for the legal disposition of
the juvenile where jurisdiction is based on ORS 419B.100 (1)(g)
or 419C.005 shall not be confidential - } { + juvenile court
proceedings under ORS 419C.005 are open to the public in the same
manner as in adult criminal proceedings. The record of juvenile
court proceedings under ORS 419C.005 are open to public
inspection and review + }.
(6)(a) Information contained in reports and other materials
relating to a child's { + or juvenile's + } history and
prognosis that, in the professional judgment of the juvenile
counselor, caseworker, 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
juvenile + }.
(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.
SECTION 6. { + Section 7 of this Act is added to and made a
part of ORS chapter 419A. + }
SECTION 7. { + Juvenile court records of proceedings under ORS
419C.005 are subject to expunction to the same extent and in the
same manner as for setting aside records of adults under ORS
137.225. + }
SECTION 8. ORS 419B.100 is amended to read:
419B.100. (1) Except as otherwise provided in subsection (6) of
this section { + , chapter 2, Oregon Laws 1995 (Measure No.
11) + } and ORS 107.726, the juvenile court has exclusive
original jurisdiction in any case involving a person who is under
18 years of age and:
(a) Who is beyond the control of the person's parents, guardian
or other person having custody of the person;
(b) Whose behavior is such as to endanger the welfare of the
person or of others;
(c) Whose condition or circumstances are such as to endanger
the welfare of the person or of others;
(d) Who is dependent for care and support on a public or
private child-caring agency that needs the services of the court
in planning for the best interest of the person;
(e) Whose parents or any other person or persons having custody
of the person have:
(A) Abandoned the person;
(B) Failed to provide the person with the care or education
required by law;
(C) Subjected the person to cruelty, depravity or unexplained
physical injury; or
(D) Failed to provide the person with the care, guidance and
protection necessary for the physical, mental or emotional
well-being of the person;
(f) Who has run away from the home of the person; or
(g) Who has filed a petition for emancipation pursuant to ORS
419B.550 to 419B.558.
(2) The court shall have jurisdiction under subsection (1) of
this section even though the child is receiving adequate care
from the person having physical custody of the child.
(3) The practice of a parent who chooses for the parent or the
child of the parent treatment by prayer or spiritual means alone
shall not be construed as a failure to provide physical care
within the meaning of this chapter, but shall not prevent a court
of competent jurisdiction from exercising that jurisdiction under
subsection (1)(c) of this section.
(4) The provisions of subsection (1) of this section do not
prevent a court of competent jurisdiction from entertaining a
civil action or suit involving a child.
(5) The court shall have no further jurisdiction as provided in
subsection (1) of this section after a minor has been emancipated
pursuant to ORS 419B.550 to 419B.558.
(6)(a) An Indian tribe has exclusive jurisdiction over any
child custody proceeding involving an Indian child who resides or
is domiciled within the reservation of the tribe, except where
the jurisdiction is otherwise vested in the state by existing
federal law.
(b) Upon the petition of either parent, the Indian custodian or
the Indian child's tribe, the juvenile court, absent good cause
to the contrary and absent objection by either parent, shall
transfer a proceeding for the foster care placement of, or
termination of parental rights to, an Indian child not domiciled
or residing within the reservation of the Indian child's tribe,
to the jurisdiction of the tribe.
(c) The juvenile court shall give full faith and credit to the
public acts, records and judicial proceedings of an Indian tribe
applicable to an Indian child custody proceeding to the same
extent that the juvenile court gives full faith and credit to the
public acts, records and judicial proceedings of any other
entity.
SECTION 9. ORS 419B.268 is amended to read:
419B.268. (1) The summons shall be signed by a { + district
attorney, a + } counselor or some other person acting under the
direction of the court and shall contain the name of the court,
the title of the proceeding and, except for a published summons,
a brief statement of the substance of the facts required by ORS
419B.242. The summons shall also include a notice:
(a) That the parent or other person legally obligated to
support the child may be required to pay, at some future date,
for all or a portion of the support of the child, including the
cost of out-of-home placement, depending upon the ability of the
parent or other person to pay support;
(b) That if the person named in the summons fails to appear at
the time and place specified therein, the court may take
jurisdiction of the child, make such orders and take such action
as may be authorized by law; and
(c) That, if the petition alleges that the child has been
physically or sexually abused, the court, at the hearing, may
enter an order requiring the alleged perpetrator of the abuse to
move from the household in which the child resides.
(2) Summons published as provided in ORS 419B.277 (1)(c) shall
contain the name of the court, the title of the proceeding and
the statement mentioned in that paragraph.
SECTION 10. { + Section 11 of this Act is added to and made a
part of ORS chapter 419C. + }
SECTION 11. { + The purpose of the Oregon juvenile justice
system is to protect the public and reduce juvenile crime. The
juvenile justice system is founded on the principles of personal
responsibility, personal accountability and reformation within
the context of public safety. The juvenile justice system
provides a continuum of services that emphasize prevention of
further criminal activity by the use of early, certain sanctions
and swift, decisive intervention in criminal behavior. The
policies, services and programs used to carry out this mission
are subject to regular independent evaluation to review the
effectiveness of the policies, services and programs in
preventing a return to crime and providing public safety. + }
SECTION 12. ORS 419C.005 is amended to read:
419C.005. (1) { + (a) Except as otherwise provided in chapter
2, Oregon Laws 1995 (Measure No. 11), + }the juvenile court has
exclusive original jurisdiction in any case involving a person
who is under 18 years of age and who has committed an act which
is a violation, or which if done by an adult would constitute a
violation, of a law or ordinance of the United States or a state,
county or city.
{ + (b) In all proceedings under this section, a person
within, or alleged to be within, the jurisdiction of the juvenile
court is to be referred to as a 'juvenile' or a 'defendant.' + }
(2) The provisions of subsection (1) of this section do not
prevent a court of competent jurisdiction from entertaining a
civil action or suit involving a { - child - } { +
juvenile + }.
(3) The court shall have no further jurisdiction as provided in
subsection (1) of this section after a minor has been emancipated
pursuant to ORS 419B.550 to 419B.558.
SECTION 13. ORS 419C.013 is amended to read:
419C.013. (1) A juvenile proceeding { - shall - } { + under
ORS 419C.005 may + } commence in the county where the
{ - child - } { + juvenile + } resides { - . - }
{ - (2) If the proceeding is based on allegations of
jurisdiction under ORS 419C.005, the proceeding may also
commence - } { + or + } in the county in which the alleged act
or behavior took place.
{ - (3) - } { + (2) + } Notwithstanding the provisions of
ORS 34.320, an application for a writ of habeas corpus brought by
or on behalf of a person who has been committed or placed in a
juvenile training school which attacks the validity of the order
of commitment shall be brought in the county in which the court
that entered the order of commitment is located.
SECTION 14. ORS 419C.050 is amended to read:
419C.050. If during the pendency of a proceeding { + alleging
the commission of a crime or infraction + } in any court other
than a juvenile court it is ascertained that { - the age of - }
the person who is the subject of the proceeding is { - such
that the matter is within the exclusive jurisdiction of the
juvenile court - } { + under 18 years of age + }, it is the
duty of the court in which the proceeding is pending forthwith to
transfer the proceeding, together with all the papers, documents
and testimony connected therewith, to the juvenile court of the
county in which the proceeding is pending. { + If the person is
18 years of age or older, the adult court shall retain
jurisdiction unless the court finds by clear and convincing
evidence that the state intentionally delayed initiating the
proceedings until the person attained 18 years of age in order to
avoid juvenile court jurisdiction. + }
SECTION 15. ORS 419C.053 is amended to read:
419C.053. (1) If a proceeding is initiated in a court of a
county other than the county in which the { - child - } { +
juvenile + } resides, that court, on its own motion or on the
motion of a party made at any time prior to disposition,
{ - shall - } { + may + } transfer the proceeding to the court
of the county of the { - child's - } { + juvenile's + }
residence for such further proceeding as the receiving court
finds proper. A like transfer may be made if the residence of the
{ - child - } { + juvenile + } changes during the proceeding,
or if the { - child - } { + juvenile + } has been adjudicated
within the jurisdiction of the court where the proceeding is
initiated on grounds specified in ORS 419C.005 (1), and other
proceedings involving the { - child - } { + juvenile + } are
pending in the county of the { - child's - } { +
juvenile's + } residence. Certified copies of the court records
pertaining to the immediate proceeding shall accompany the case
on transfer.
(2) Notwithstanding subsection (1) of this section, if a
{ - child - } { + juvenile + } has no ascertainable residence
in any county in this state, the court of the county wherein a
proceeding is initiated may adjudicate any petition under ORS
419C.005 (1).
SECTION 16. ORS 419C.085 is amended to read:
419C.085. { + (1) + } In lieu of taking a { - child - }
{ + juvenile + } into custody, a peace officer { + or other
person appointed by the court + } may issue a citation to a
{ - child - } { + juvenile + } for the same offenses and under
the same circumstances that a citation may be issued to an adult.
Unless the citation is issued for violation of law or ordinance
for which an order has been entered pursuant to ORS 419C.370, the
citation is returnable to the juvenile court of the county in
which the citation is issued.
{ + (2) If a juvenile who is issued a citation under
subsection (1) of this section fails to appear in court as
required by the citation, the court may issue a warrant for the
juvenile's arrest.
(3) + } Law enforcement agencies in a county, in consultation
with the juvenile court of the county, may develop a form for
citations issued pursuant to this section.
SECTION 17. ORS 419C.091 is amended to read:
419C.091. (1) { - Protective custody shall not be deemed an
arrest so far as the child is concerned. - } All peace officers
shall keep a record of { - children - } { + juveniles + }
taken into protective custody and shall promptly notify the
juvenile court or counselor of all { - children - } { +
juveniles + } taken into protective custody.
(2) A peace officer taking a { - child - } { + juvenile + }
into protective custody has all the privileges and immunities of
a peace officer making an arrest.
SECTION 18. ORS 419C.100 is amended to read:
419C.100. The person taking { - the child - } { + a
juvenile + } into protective custody { - shall - } { +
may + } release the { - child - } { + juvenile + } to the
custody of the { - child's - } { + juvenile's + } parent,
guardian or other responsible person in this state, except in the
following cases:
(1) Where the court has issued a warrant of arrest against the
{ - child - } { + juvenile + }.
(2) Where the person taking the { - child - } { +
juvenile + } into protective custody has probable cause to
believe that the welfare of the { - child - } { +
juvenile + } or others may be immediately endangered by the
release of the { - child - } { + juvenile + }.
{ + (3) Where the juvenile has been taken into protective
custody for an offense that if committed by an adult would
constitute a felony or Class A misdemeanor. + }
SECTION 19. ORS 419C.103 is amended to read:
419C.103. { - (1) - } If a { - child - }
{ + juvenile + } taken into protective custody is not released
as provided in ORS 419C.100 { - and the juvenile court for the
county has not established the alternative procedure authorized
in subsection (4) of this section - } , the person taking the
{ - child - } { + juvenile + } into custody shall, without
unnecessary delay, { + take the juvenile to a place of detention
or a public or private agency designated by the court for the
detention of juveniles. + } { - do one of the following: - }
{ - (a) Take the child before the court or a person appointed
by the court to effect disposition under ORS 419C.109 and
419C.136. - }
{ - (b) Take the child to a place of detention or shelter
care or a public or private agency designated by the court and as
soon as possible thereafter notify the court that the child has
been taken into custody. - }
{ - (2) Where a child residing in some other county is taken
into protective custody the child may be: - }
{ - (a) Released to the child's parent, guardian or other
responsible person in this state as provided in ORS 419C.100. - }
{ - (b) Delivered to a peace officer or juvenile counselor in
the county in which the child resides, if such delivery can be
made without unnecessary delay. In such event, the person to whom
the child is delivered shall assume protective custody of the
child and shall proceed as provided in this chapter. - }
{ - (3) Where a child is released or delivered as provided in
subsection (2) of this section, the jurisdiction of the juvenile
court of the county in which the child resides shall attach from
the time the child is taken into custody. - }
{ - (4) The juvenile court may establish, as an alternative
to the provisions of subsection (1) of this section, that if a
child taken into protective custody is not released as provided
in ORS 419C.100, procedures shall be followed that comply with
the following: - }
{ - (a) The person taking the child into custody may
communicate, by telecommunications or otherwise, with the person
appointed by the court to effect disposition under ORS
419C.109. - }
{ - (b) After interviewing the person taking the child into
custody and obtaining such other information as is considered
necessary, the person appointed by the court under ORS 419C.109
to effect disposition may exercise the authority granted under
that section and shall, in such case, direct that the person
taking the child into custody release the child or deliver the
child in accordance with such direction. - }
{ - (c) The person taking the child into custody shall comply
with the direction of the person appointed by the court to effect
disposition. - }
SECTION 20. ORS 419C.106 is amended to read:
419C.106. Except where the { - child - } { + juvenile + }
is taken into protective custody pursuant to an order of the
court, the person taking the { - child - } { + juvenile + }
into custody shall promptly file with the court or a
{ + juvenile department + } counselor a brief written report
stating all of the following:
(1) The { - child's - } { + juvenile's + } name, age and
address.
(2) The name and address of the person { + or agency + }
having legal or physical custody of the { - child - } { +
juvenile + }.
(3) Efforts to notify the person { + or agency + } having
legal or physical custody of the { - child - } { +
juvenile + } and the results of those efforts.
(4) Reasons for and circumstances under which the
{ - child - } { + juvenile + } was taken into protective
custody.
(5) If the { - child - } { + juvenile + } is not taken to
court, the placement of the { - child - } { + juvenile + }.
{ - (6) If the child was not released, the reason why the
child was not released. - }
{ - (7) If the child is not taken to court, why the type of
placement was chosen. - }
SECTION 21. ORS 419C.109 is amended to read:
419C.109. { - This section establishes the authority and
procedures that apply to a person designated by a court to effect
disposition of a child taken into protective custody or brought
before the court under ORS 419C.097, 419C.100, 419C.103 and
419C.106. The person shall comply with the following: - }
(1) { + Except where the juvenile has been taken into custody
for an offense that if committed by an adult would constitute a
felony, the court may designate a person to effect disposition of
a juvenile taken into custody or brought before the court under
ORS 419C.100 and 419C.103. + } The person may do any of the
following when the person has taken custody of a { - child - }
{ + juvenile + } or has authority to effect disposition of a
{ - child - } { + juvenile + } taken into custody:
(a) Release the { - child - } { + juvenile + } to the
custody of a parent, guardian or other responsible person.
(b) { - Release the child on the child's own recognizance
when appropriate. - }
{ - (c) Upon a finding that release of the child on the
child's own recognizance is unwarranted, or - } Upon order of
the court or if probable cause exists to believe the
{ - child - } { + juvenile + } may be detained under ORS
419C.145, 419C.150, 419C.153, 419C.156, 419C.159 or 419C.453,
place the { - child - } { + juvenile + } on conditional
release.
{ - (d) - } { + (c) + } Subject to ORS 419A.059, 419A.061,
419C.130 and 419C.133, place the { - child - } { +
juvenile + } in shelter care or detention.
{ - The child shall be placed in shelter care rather than
detention, unless the person has probable cause to believe that
the court will be able to detain the child under ORS 419C.145,
419C.150, 419C.153, 419C.156, 419C.159 or 419C.453. - }
{ - (e) - } { + (d) + } Pursuant to order of the court made
subsequent to the filing of a petition, hold, retain or place the
{ - child - } { + juvenile + } in detention or shelter care
subject to further order.
{ - (f) Exercise authority to detain the child as provided in
ORS 419C.136. - }
(2) If the { - child - } { + juvenile + } is released under
subsection (1) of this section, the person releasing the
{ - child - } { + juvenile + } shall { + issue the juvenile
a summons requiring the juvenile to appear before the court. The
summons must include the date, time and location for the juvenile
to appear before the court. The person releasing the juvenile
shall + } inform the juvenile court, which may review the release
as provided in ORS 419C.153. { + If the juvenile fails to appear
on the date and time required by the summons, the court may issue
a warrant for the juvenile's arrest. + }
SECTION 22. ORS 419C.130 is amended to read:
419C.130. (1) No { - child - } { + juvenile + } shall be
detained at any time in a police station, jail, prison or other
place where adults are detained, except as follows:
(a) A { - child - } { + juvenile + } may be detained in a
police station
{ - for up to five hours when necessary - } { + as long as is
constitutionally permissible in order + } to obtain the
{ - child's - } { + juvenile's + } name, age, residence and
other identifying information { + or to complete an
investigation of conduct that would constitute a crime if
committed by an adult + }.
(b) A { - child - } { + juvenile + } waived under ORS
419C.349 or 419C.364
{ - to the court handling criminal actions or to municipal
court - } { + or charged as an adult under chapter 2, Oregon
Laws 1995 (Measure No. 11) + } may be detained in a jail or
other place where adults are detained { - , except that any such
person under 16 years of age shall, prior to conviction or after
conviction but prior to execution of sentence, be detained, if at
all, in a facility used by the county for the detention of
children - } .
(2) No { - child - } { + juvenile + } waived to the court
handling criminal actions or to municipal court pursuant to a
standing order of the juvenile court under ORS 419C.370,
including a { - child - } { + juvenile + } accused of
nonpayment of fines, shall be detained in a jail or other place
where adults are detained.
SECTION 23. ORS 419C.136 is amended to read:
419C.136. If a parent, guardian or other person responsible for
the { - child - } { + juvenile + } cannot be found or will
not take responsibility for the { - child - } { +
juvenile + }, no appropriate shelter care space is available and
the { - child - } { + juvenile + } cannot be released safely
on recognizance or conditionally, a { - child - } { +
juvenile + } who is accused of an act which would be a crime if
committed by an adult may be detained for a period of time not
exceeding 24 hours from the time the { - child - } { +
juvenile + } first is taken into custody to allow the juvenile
department counselor or other person designated by the juvenile
court to develop a release plan to insure the { - child's - }
{ + juvenile's + } safety and appearance in court. Such
detention shall conform to the limitations of ORS 419C.130.
SECTION 24. ORS 419C.139 is amended to read:
419C.139. No { - child - } { + juvenile + } shall be held
in detention { - or shelter care - } more than { - 24 - }
{ + 36 + } hours, excluding Saturdays, Sundays and judicial
holidays, except on order of the court made pursuant to a hearing
under ORS 419C.145, 419C.150, 419C.153 { + and + }
{ - , - } 419C.156 { - and 419C.159 - } .
SECTION 25. ORS 419C.145 is amended to read:
419C.145. (1) { - No child - } { + A juvenile + } may be
held or placed in detention before adjudication on the merits
{ - unless - } { + if + } one or more of the following
circumstances exists:
(a) The { - child - } { + juvenile + } is a fugitive from
another jurisdiction;
(b) The { - child - } { + juvenile + } is alleged to be
within the jurisdiction of the court by reason of ORS 419C.005,
by having committed { - or attempted to commit - } an offense
which, if committed by an adult, would { - be chargeable
as: - } { + constitute a crime; + }
{ - (A) A crime involving infliction of physical injury to
another person; - }
{ - (B) Any felony crime against persons or property; or - }
{ - (C) Criminal manufacture or delivery of a controlled
substance; - }
(c) The { - child - } { + juvenile + } has willfully failed
to appear at one or more juvenile court proceedings by having
disobeyed a proper summons, citation or subpoena;
(d) The { - child - } { + juvenile + } is currently on
probation imposed as a consequence of the { - child - } { +
juvenile + } previously having been found to be within the
jurisdiction of the court under ORS 419C.005, and there is
probable cause to believe the { - child - } { + juvenile + }
has violated one or more of the conditions of that probation; or
(e) The { - child - } { + juvenile + } is subject to
conditions of release pending or following adjudication of a
petition alleging that the
{ - child - } { + juvenile + } is within the jurisdiction of
the court pursuant to ORS 419C.005 and there is probable cause to
believe the { - child - } { + juvenile + } has violated a
condition of release.
{ - (2) Upon exercise of the authority of a person authorized
by a court to effect disposition of a child taken into temporary
custody or brought before the court under ORS 419C.097, 419C.100,
419C.103 and 419C.106 or at the detention hearing held pursuant
to ORS 419C.170 and 419C.173, the child must be released to the
custody of a parent or other responsible person, released upon
the child's own recognizance or placed in shelter care unless the
court or its authorized representative finds that there is
probable cause to believe that the child may be detained under
subsection (1) of this section, and that one or more of the
following circumstances are present: - }
{ - (a) No means less restrictive of the child's liberty
gives reasonable assurance that the child will attend the
adjudicative hearing; or - }
{ - (b) The child's behavior endangers the physical welfare
of the child or another person, or endangers the community
and: - }
{ - (A) The juvenile has committed or is alleged to have
committed an act which if committed by an adult would constitute
a felony or a violation of ORS 163.160; and - }
{ - (B) The juvenile court or its authorized representative
has reasonable cause to believe that other available preventive
measures, including but not limited to increased security and
monitoring of the child's behavior, have been tried, or if tried,
would not adequately assure that the child would conform the
child's conduct to conditions imposed by the court or its
authorized representative to protect the best interests of the
child or the community. - }
{ + (2) In determining whether detention is appropriate under
subsection (1) of this section, the court or its representative
shall give primary consideration to the protection of the
community. If the court or its representative determines on the
record that the juvenile does not pose a danger to the community,
the court or its representative may also consider the following:
(a) The nature and extent of the juvenile's family
relationships and the juvenile's relationships with other
responsible adults in the community;
(b) The juvenile's previous record of referrals to juvenile
court and recent demonstrable conduct;
(c) The juvenile's past and present residence;
(d) The juvenile's education status and school attendance
record;
(e) The juvenile's past and present employment;
(f) The juvenile's previous record regarding appearance in
court;
(g) The nature of the charges against the juvenile and any
mitigating or aggravating factors; and
(h) Any other facts relevant to the likelihood of the
juvenile's appearance in court or likelihood that the juvenile
will comply with the law and other conditions of release. + }
{ - (3) Notwithstanding subsection (2) of this section, if a
child is subject to detention under subsection (1)(d) of this
section, the child may be placed in detention if the juvenile
court or its authorized representative has reasonable cause to
believe that other available preventive measures including but
not limited to additional conditions of probation, increased
security and monitoring of the child's behavior, community
service and alternative community placement have been tried, or
if tried, would not adequately assure that the child would
conform the child's conduct, pending the probation violation
hearing, to conditions imposed by the court to protect the best
interests of the child or the community. - }
{ - (4) In determining whether detention is appropriate under
subsections (2) and (3) of this section, the court or its
authorized representative shall consider the following: - }
{ - (a) The nature and extent of the child's family
relationships and the child's relationships with other
responsible adults in the community; - }
{ - (b) The child's previous record of adjudicated juvenile
court proceedings and recent demonstrable conduct; - }
{ - (c) The child's past and present residence; - }
{ - (d) The child's school education status and school
attendance record; - }
{ - (e) The child's past and present employment; - }
{ - (f) The child's previous record regarding appearance in
court; - }
{ - (g) The nature of the charges against the child and any
mitigating or aggravating factors; and - }
{ - (h) Any other facts relevant to the likelihood of the
child's appearance in court or likelihood that the child will
comply with the law and other conditions of release. - }
{ - (5) When a child is ordered held or placed in detention,
the court or its authorized representative shall state in writing
the basis for its detention decision and a finding that it is
contrary to the welfare of the child and community for the child
to be released to the custody of the child's parent or some other
responsible adult. The child shall have the opportunity to rebut
evidence received by the court and to present evidence at the
hearing. - }
SECTION 26. ORS 419C.150 is amended to read:
419C.150. (1) A { - child - } { + juvenile + } may be held
in detention under this section and ORS 419C.145, 419C.153 and
419C.156 for a maximum of { - 28 - } { + 60 + }
days { + . + } { - except for good cause shown prior to the
expiration of the 28-day period. If good cause for continued
detention is shown, the period of detention may be extended for
no more than an additional 28 days unless the adjudication is
continued - } { + The period of detention may be extended
beyond 60 days + } with the express consent of the
{ - child - } { + juvenile + }.
(2) { + The limit on the court's authority to hold a juvenile
in detention under + } subsection (1) of this section does not
apply to a
{ - child - } { + juvenile + } alleged to be within the
jurisdiction of the juvenile court for having committed an act
that would be { + aggravated murder, + }murder, attempted
{ + aggravated murder or attempted + } murder, conspiracy to
commit { + aggravated murder or + } murder or treason if
committed by an adult and if proof of the act is evident or the
presumption strong that the { - child - } { + juvenile + }
committed the act. The juvenile court may conduct such hearing as
the court considers necessary to determine whether the proof is
evident or the presumption strong.
SECTION 27. ORS 419C.153 is amended to read:
419C.153. (1) Any { - child - } { + juvenile + } ordered
detained under ORS 419C.145, 419C.150 and 419C.156 shall have a
review hearing at least every 10 days, excluding Saturdays,
Sundays and judicial holidays. At the review hearing the court
shall determine whether sufficient cause exists to require
continued detention of the
{ - child - } { + juvenile + }. In addition, the court may
review and may confirm, revoke or modify any order for the
detention or release of the { - child - } { + juvenile + }
under this section or ORS 419C.109, 419C.136, 419C.139, 419C.145,
419C.150 or 419C.156 { - and, in the event that the child is
alleged to have committed an offense which if committed by an
adult would be a misdemeanor or Class C felony, may do so ex
parte. Release of a child may not be revoked, however, except
upon a finding that the child may be detained under this section
or ORS 419C.145, 419C.150 and 419C.156, and after a hearing is
held in accordance with ORS 419C.109, 419C.136 and 419C.139 and
subsection (2) of this section - } .
(2) A hearing to consider whether to revoke the release of a
{ - child - } { + juvenile + } or whether a { - child - }
{ + juvenile + } should be continued in detention may be held
by telephone or closed circuit television as long as all parties
having an interest in the proceeding have access to the telephone
or television circuit used for the hearing and as long as the
hearing is made publicly audible within the court room of the
court under whose authority it is held.
SECTION 28. ORS 419C.170 is amended to read:
419C.170. No { - child - } { + juvenile + } shall be held
in shelter care more than { - 24 - } { + 36 + } hours,
excluding Saturdays, Sundays and judicial holidays, except on
order of the court made pursuant to a hearing under ORS 419C.145,
419C.150, 419C.153 and 419C.156.
SECTION 29. ORS 419C.173 is amended to read:
419C.173. When the { - child - } { + juvenile + } is taken,
or is about to be taken, into { - temporary - }
{ + protective + } custody pursuant to ORS 419C.080 and 419C.088
and placed in shelter care, a parent or
{ - child - } { + juvenile + } shall be given the opportunity
to present evidence to the court at the hearing specified in ORS
419C.170, and at any subsequent review hearing { - , that the
child can be returned home without further danger of suffering
physical injury or emotional harm, endangering or harming others,
or not remaining within the reach of the court process prior to
adjudication. At the hearing: - }
{ - (1) The court shall make a written finding as to whether
the division has made reasonable efforts, considering the
circumstances of the child and parent, to prevent or eliminate
the need for removal of the child from the home or to reunify the
family; - }
{ - (2) In determining whether a child shall be removed or
continued out of the home, the court shall consider whether the
provision of reasonable and available services can prevent or
eliminate the need to separate the family; and - }
{ - (3) The court shall make a written finding in every order
of removal that it is in the best interest and for the welfare of
the child that the child be removed from the home or continued in
care - } .
SECTION 30. ORS 419C.230 is amended to read:
419C.230. { + (1) Except as otherwise provided in subsection
(2) of this section, + }an informal disposition agreement may be
entered into when a { - child - } { + juvenile + } has been
referred to { + the juvenile court or + } a county juvenile
department, and { - a juvenile department counselor has - }
{ + there is + } probable cause to believe that the
{ - child - } { + juvenile + } may be found to be within the
jurisdiction of the juvenile court for one or more acts specified
in ORS 419C.005.
{ + (2) An informal disposition agreement may not be entered
into when the juvenile may be found to be within the jurisdiction
of the juvenile court for having committed an act that if
committed by an adult would constitute a felony.
(3) Except with the authorization of the district attorney, the
use of informal disposition agreements as provided in this
section and ORS 419C.233, 419C.236, 419C.239 and 419C.242 is the
sole means of diverting or otherwise informally processing cases
involving juveniles taken into custody for committing an act that
would constitute a crime if committed by an adult. + }
SECTION 31. ORS 419C.233 is amended to read:
419C.233. An informal disposition agreement is a voluntary
contract between a { - child - } { + juvenile + } described
in ORS 419C.230 and
{ - a juvenile department - } { + the state + } whereby the
{ - child - } { + juvenile + } agrees to fulfill certain
conditions in exchange for not having a petition filed against
the { - child - } { + juvenile + }.
SECTION 32. ORS 419C.236 is amended to read:
419C.236. (1) An informal disposition agreement may require
participation in { - or referral to - } { + and successful
completion of + } counseling, a period of community service, drug
or alcohol education or treatment, vocational training or any
other legal activity { - which in the opinion of the
counselor - } { + that + } would be beneficial to the
{ - child - } { + juvenile + }.
(2) An informal disposition may require that the
{ - child - } { + juvenile + } make restitution to any person
who was physically injured or who suffered loss of or damage to
property as a result of the conduct alleged. Before setting the
amount of restitution, { - the juvenile department shall
consult with - } the victim { + must be consulted + }
concerning the amount of damage. Restitution does not limit or
impair the right of a victim to sue in a civil action for damages
suffered, nor shall the fact of consultation by the victim be
admissible in such civil action to prove consent or agreement by
the victim. However, the court shall credit any restitution paid
by the { - child - } { + juvenile + } to a victim against any
judgment in favor of the victim in such civil action.
SECTION 33. ORS 419C.239 is amended to read:
419C.239. An informal disposition agreement shall:
(1) Be completed within a period of time not to exceed six
months;
(2) Be voluntarily entered into by { - all parties - } { +
the juvenile and the state + };
(3) { - Be revocable by the child at any time by a written
revocation; - }
{ - (4) - } Be revocable by the { - juvenile
department - } { + state + } in the event the
{ - department - } { + district attorney + } has reasonable
cause to believe the { - child - } { + juvenile + } has
failed to carry out the terms of the informal disposition
agreement or has committed a subsequent offense;
{ - (5) Not be used as evidence against the child at any
adjudicatory hearing; - }
{ - (6) Not require admission of guilt or be used as evidence
of guilt; - }
{ - (7) - } { + (4) + } Be executed in writing and
expressed in language understandable to the persons involved;
{ - (8) - } { + (5) + } Be signed by the { - juvenile
department, the child, the child's - } { + district attorney or
an authorized representative of the district attorney, the
juvenile, the juvenile's + } parent or parents or legal guardian,
and the { - child's - } { + juvenile's + } counsel, if
any; { + and + }
{ - (9) - } { + (6) + } Become part of the { - child's
juvenile department - } { + juvenile's court + } record { - ;
and - }
{ - (10) When the child has been charged with having
committed the child's first violation of a provision under ORS
475.992 prohibiting delivery for no consideration of less than
five grams of marijuana or prohibiting possession of less than
one ounce of marijuana and unless the juvenile department
determines that it would be inappropriate in the particular
case: - }
{ - (a) Require the child to participate in a diagnostic
assessment and an information or treatment program as recommended
by the assessment. The agencies or organizations providing
assessment or programs of information or treatment must be the
same as those designated by the court under ORS 419C.443 (1) and
must meet the standards set by the Assistant Director for Alcohol
and Drug Abuse Programs. The parent of the child shall pay the
cost of the child's participation in the program based upon the
ability of the parent to pay. If the program finds the parent is
indigent, as defined by the rules of the Assistant Director for
Alcohol and Drug Abuse Programs, reimbursement of program
expenses can be made at rates established by rule of the
Assistant Director for Alcohol and Drug Abuse Programs, and
subject to the availability, from the moneys transferred to the
Department of Human Resources under ORS 137.303 for use by
alcohol and drug abuse programs. - }
{ - (b) Monitor the child's progress in the program which
shall be the responsibility of the diagnostic assessment agency
or organization. It shall make a report to the juvenile
department stating the child's successful completion or failure
to complete all or any part of the program specified by the
diagnostic assessment. The form of the report shall be determined
by agreement between the juvenile department and the diagnostic
assessment agency or organization. The juvenile department shall
make the report a part of the record of the case - } .
SECTION 34. ORS 419C.242 is amended to read:
419C.242. (1) { - If an informal disposition agreement is
revoked pursuant to ORS 419C.239, the juvenile department shall
either extend the agreement pursuant to subsection (2) of this
section or file a petition with the juvenile court, and an
adjudicatory hearing may be held. - }
{ - (2) - } If the { - juvenile department - } { +
district attorney + } has reasonable cause to believe that
{ - the child - } { + a juvenile + } has failed to carry out
the terms of the informal disposition agreement or has committed
a subsequent offense, { - in lieu of revoking the agreement,
the department may modify the terms of the agreement and extend
the period of the agreement for an additional six months from the
date on which the modification was made with the consent of the
child and the child's counsel, if any - } { + + } { + the
district attorney may revoke the informal disposition agreement
and, if an admission of guilt by the juvenile was made a
condition of the juvenile's participation in the informal
disposition agreement, enter the admission of guilt into the
court record and set the case for disposition. Otherwise, the
district attorney may file a petition with the court charging the
juvenile with the commission of an offense and the court shall
hold an adjudicatory hearing on the petition + }.
{ + (2) In lieu of revoking the informal disposition
agreement, the state may modify the terms of the agreement and
extend the period of the agreement for an additional six months
from the date on which the modification was made with the consent
of the juvenile and the juvenile's counsel, if any. + }
SECTION 35. ORS 419C.250 is amended to read:
419C.250. (1) The state, acting through the district attorney,
Attorney General or juvenile department counselor { + , with the
authorization of the district attorney + }, may file a petition
alleging that a { - child - } { + juvenile + } is within the
jurisdiction of the court as provided in ORS 419C.005.
(2) At any time after a petition is filed, the court may make
an order providing for the temporary custody of the
{ - child - } { + juvenile + }.
(3) { - The court may dismiss the petition at any stage of
the proceedings. - }
{ - (4) - } The petition and all subsequent court documents
in the proceeding shall be entitled, 'In the Matter of_______, a
{ - child - } { + juvenile + }.' The petition shall be in
writing and verified upon the information and belief of the
petitioner.
SECTION 36. ORS 419C.261 is amended to read:
419C.261. { + (1) + } The court, on motion of an interested
party or on its own motion { + and with the agreement of the
district attorney + }, may at any time direct that the petition
be amended. If the amendment results in a substantial departure
from the facts originally alleged, the court shall grant such
continuance as the interests of justice may require.
{ + (2) The court may not dismiss a petition filed under ORS
419C.005 except in the manner provided in ORS 135.755 for adult
proceedings. + }
SECTION 37. ORS 419C.270 is amended to read:
419C.270. In all proceedings brought under ORS 419C.005, the
following rules of criminal procedure apply:
(1) ORS { + 131.007, 131.035, 131.505, 131.515, 131.525
(1)(a), (b)(A), (B) and (C), (c) and (d) and 131.535;
(2) ORS 133.525, 133.535, 133.537, 133.545, 133.555, 133.565,
133.575, 133.585, 133.595, 133.605, 133.615, 133.617, 133.619,
133.621, 133.623, 133.633, 133.643, 133.653, 133.663, + }
133.673, 133.683, 133.693 { + , + } { - and - } 133.703 { + ,
133.721, 133.723, 133.724, 133.726, 133.727, 133.729, 133.731,
133.733, 133.735, 133.736, 133.737 and 133.739 + };
{ - (2) - } { + (3) + } ORS { + 135.405, 135.415, 135.425,
135.432, 135.435, 135.445, + } 135.455, 135.465 { + , + }
{ - and - } 135.470 { + , 135.560, + } { - ; - }
{ - (3) ORS - } 135.610, 135.630 (3) to (6),
135.640 { + , + } { - and - } 135.670 { + , + } { - ; - }
{ - (4) ORS - } 135.711, 135.713, 135.715, 135.717, 135.720,
135.725, 135.727, 135.730, 135.733, 135.735, 135.737,
135.740 { + , + }
{ - and - } 135.743 { + , + } { - ; - }
{ - (5) ORS - } 135.805 { + , + } { - and - } 135.815 (1)
to (5) { + , + } { - ; and - }
{ - (6) ORS - } 135.825, 135.835, 135.845 { + , + }
{ - and - } 135.855 to 135.873 { + and 135.970;
(4) ORS 136.050, 136.060, 136.070, 136.080, 136.090, 136.100,
136.110, 136.120, 136.145, 136.285, 136.415, 136.425, 136.430,
136.440, 136.445, 136.465, 136.470, 136.555, 136.557, 136.563,
136.565, 136.567, 136.570, 136.575, 136.580, 136.585, 136.595,
136.600, 136.602, 136.603, 136.607, 136.609, 136.613, 136.615,
136.617, 136.619 and 136.756; and
(5) ORS 137.013, 137.074, 137.085, 137.101, 137.103 and
137.118 + }.
SECTION 38. { + Section 39 of this Act is added to and made a
part of ORS chapter 419C. + }
SECTION 39. { + (1) The juvenile court may hear two or more
petitions under ORS 419C.005 that involve the same juvenile if
the proceedings are consolidated as provided in ORS 132.560.
(2) The juvenile court may hear two or more petitions involving
two or more juveniles under the circumstances listed for adults
in ORS 136.060. + }
SECTION 40. ORS 419C.285 is amended to read:
419C.285. (1) At the adjudication stage of a
{ - delinquency - } proceeding { + under ORS 419C.005 + }, the
parties to the proceeding are the { - child - } { +
juvenile + } and the state, represented by the district attorney
{ - or the juvenile department - } . { + If authorized by the
district attorney, the juvenile department may appear on behalf
of the state and have the rights of a party to the proceeding.
(2) + } At the dispositional stage of a delinquency proceeding,
the following are also parties:
(a) The parents or guardian of the { - child - } { +
juvenile + };
(b) A court appointed special advocate, if appointed; { +
and + }
(c) The Children's Services Division or other child care
agency, if the { - child - } { + juvenile + } is temporarily
committed to the agency { - ; and - }
{ - (d) An intervenor under ORS 109.119 (1) to (4) - } .
{ - (2) - } { + (3) + } The rights of the parties include,
but are not limited to:
(a) The right to notice of the proceeding and copies of the
pleadings;
(b) The right to appear with counsel and to have counsel
appointed if otherwise provided by law;
(c) The right to call witnesses, cross-examine witnesses and
participate in hearings;
(d) The right to appeal; and
(e) The right to request a hearing.
{ - (3)(a) Persons who are not parties under subsection (1)
of this section may petition the court for rights of limited
participation. The petition must be filed and served on all
parties no later than two weeks before a proceeding in the case
in which participation is sought. The petition must state: - }
{ - (A) The reason the participation is sought; - }
{ - (B) How the person's involvement is in the best interest
of the child or the administration of justice; - }
{ - (C) Why the parties cannot adequately present the case;
and - }
{ - (D) What specific relief is being sought. - }
{ - (b) If the court finds that the petition is well founded,
the court may grant rights of limited participation as specified
by the court. - }
{ - (c) Persons petitioning for rights of limited
participation are not entitled to court-appointed counsel. - }
SECTION 41. ORS 419C.300 is amended to read:
419C.300. Promptly after the petition is filed, { - there
shall be - } { + the juvenile department shall make or cause to
be made + } an investigation of the circumstances concerning the
{ - child - } { + juvenile + }. No later than 60 days after
the petition is filed, { + the juvenile department shall issue
and serve + } summons { - may be issued - } .
SECTION 42. ORS 419C.303 is amended to read:
419C.303. The summons shall be signed by a { + district
attorney, a + } counselor or some other person acting under the
direction of the court and shall contain the name of the court,
the title of the proceeding and, except for a published summons,
a brief statement of the substance of the facts required by ORS
419C.255 (1)(b). The summons shall also include a notice that the
parent or other person legally obligated to support the
{ - child - } { + juvenile + } may be required to pay, at some
future date, for all or a portion of the support of the
{ - child - } { + juvenile + }, including the cost of
out-of-home placement, depending upon the ability of the parent
to pay support.
SECTION 43. ORS 419C.340 is amended to read:
419C.340. In the circumstances set forth in ORS 419C.349,
{ - 419C.352, - } 419C.364, 419C.367 and 419C.370, the court
may waive the { - child - } { + juvenile + } to the
appropriate court handling criminal actions, or to municipal
court.
SECTION 44. ORS 419C.349 is amended to read:
419C.349. The juvenile court, after a hearing except as
otherwise provided in ORS 419C.364 or 419C.370 { + or chapter 2,
Oregon Laws 1995 (Measure No. 11) + }, may waive a
{ - child - } { + juvenile + } to a circuit, district, justice
or municipal court of competent jurisdiction for prosecution as
an adult if:
(1) The { - child - } { + juvenile + } is 15 years of age
or older at the time of the commission of the alleged offense;
(2) The { - child - } { + juvenile + }, except as otherwise
provided in ORS 419C.364 and 419C.370, is alleged to have
committed a criminal offense constituting { + a felony or + }
murder under ORS 163.115 or any aggravated form thereof { - , a
Class A or Class B felony or any of the following Class C
felonies: - }
{ - (a) Escape in the second degree under ORS 162.155. - }
{ - (b) Assault in the third degree under ORS 163.165. - }
{ - (c) Coercion under ORS 163.275 (1)(a). - }
{ - (d) Arson in the second degree under ORS 164.315. - }
{ - (e) Robbery in the third degree under ORS 164.395 - } ;
(3) The { - child - } { + juvenile + } at the time of the
alleged offense was of sufficient sophistication and maturity to
appreciate the nature and quality of the conduct involved; and
(4) The juvenile court, after considering the following
criteria, determines by a preponderance of the evidence that
retaining jurisdiction will not serve the best interests of the
{ - child - } { + juvenile + } and of society and therefore
is not justified:
(a) The amenability of the { - child - } { + juvenile + }
to treatment and rehabilitation given the techniques, facilities
and personnel for rehabilitation available to the juvenile court
and to the criminal court which would have jurisdiction after
transfer;
(b) The protection required by the community, given the
seriousness of the offense alleged;
(c) The aggressive, violent, premeditated or willful manner in
which the offense was alleged to have been committed;
(d) { - The previous history of the child, including: - }
{ - (A) Prior treatment efforts and out-of-home placements;
and - }
{ - (B) The physical, emotional and mental health of the
child - } { + The length of incarceration and supervision
available to the juvenile court and to the criminal court given
the juvenile's age + };
(e) The { - child's - } { + juvenile's + } prior record of
acts which would be crimes if committed by an adult;
(f) The gravity of the loss, damage or injury caused or
attempted during the offense;
(g) The prosecutive merit of the case against the
{ - child - } { + juvenile + }; { - and - }
(h) The desirability of disposing of all cases in one trial if
there were adult cooffenders { + ; and
(i) The juvenile's successful participation in prior treatment
efforts and out-of-home placements + }.
SECTION 45. ORS 419C.358 is amended to read:
419C.358. When a person is waived for prosecution as an adult,
the person shall be waived only on the actual charges justifying
the waiver under ORS 419C.349 (2) { - or 419C.352, as the case
may be - } . Any nonwaivable charges arising out of the same act
or transaction as the waivable charge shall be consolidated with
the waivable charge for purposes of conducting the adjudicatory
hearing on the nonwaivable charges.
SECTION 46. ORS 419C.361 is amended to read:
419C.361. (1) Notwithstanding that the juvenile court has
waived the case under ORS 419C.349, { - 419C.352, - }
419C.355, 419C.358, 419C.364, 419C.367 and 419C.370, the court of
waiver shall return the case to the juvenile court unless an
accusatory instrument is filed in the court of waiver alleging
{ - , in the case of a person under 16 years of age, a crime
listed in ORS 419C.352 or, in the case of any other person, - }
a crime listed in ORS 419C.349 (2). Also in the case of a waived
person, when a trial has been held in the court of waiver upon an
accusatory instrument alleging a crime listed in ORS 419C.349 (2)
{ - or 419C.352, as the case may be, - } and the person is
found guilty of any lesser included offense that is not itself a
waivable offense, the trial court shall not sentence the
defendant therein, but the trial court shall order a presentence
report to be made in the case, shall set forth in a memorandum
such observations as the court may make regarding the case and
shall then return the case to the juvenile court in order that
the juvenile court make disposition in the case based upon the
guilty finding in the court of waiver. Disposition shall be as
if the juvenile court itself had found the
{ - child - } { + juvenile + } to be in its jurisdiction
pursuant to ORS 419C.005. The records and consequences of the
case shall, in all respects, be as if the juvenile court itself
had found the { - child - } { + juvenile + } to be in its
jurisdiction pursuant to ORS 419C.005. When the person is found
guilty of a nonwaivable charge that was consolidated with a
waivable charge under ORS 419C.358, the case shall be returned to
the juvenile court for disposition as provided in this subsection
for lesser included offenses.
(2) Nothing in this section or ORS 419C.358 applies to a waiver
under ORS 419C.364 or 419C.370.
SECTION 47. ORS 419C.364 is amended to read:
419C.364. After the juvenile court has entered an order waiving
a { - child - } { + juvenile + } to an adult court under ORS
419C.349, the court may { - , if the child is 16 years of age or
older, - } enter a subsequent order providing that in all future
cases involving the same { - child - } { + juvenile + }, the
{ - child - } { + juvenile + } shall be waived to the
appropriate court without further proceedings under ORS 419C.349
and ORS 419C.370.
SECTION 48. ORS 419C.450 is amended to read:
419C.450. (1) It is the policy of the State of Oregon to
encourage and promote the payment of restitution and other
obligations by juvenile offenders { - as well as by adult
offenders - } { + for the full amount of the injuries and
damages caused by the juvenile's unlawful conduct + }. In any
case within the jurisdiction of the juvenile court pursuant to
ORS 419C.005 in which the
{ - child - } { + juvenile + } caused another person any
physical injury or any loss of or damage to property, the court
shall consider restitution to the victim to be of high priority.
There shall be a rebuttable presumption that the obligation to
make { - such - } { + full + } restitution is in the best
interest of the { - child - } { + juvenile + } as well as of
the victim and society.
(2) Restitution for physical injury inflicted upon a person by
the { - child - } { + juvenile + } and for property taken,
damaged or destroyed by the { - child may - } { + juvenile
shall + } be required as a condition of probation { + unless
good cause is shown why full restitution would not be in the best
interest of the juvenile and society + }. Restitution does not
limit or impair the right of a victim to sue in a civil action
for damages suffered, nor shall the fact of consultation by the
victim be admissible in such civil action to prove consent or
agreement by the victim. However, the court shall credit any
restitution paid by the { - child - } { + juvenile + } to a
victim against any judgment in favor of the victim in such civil
action. Before setting the amount of such restitution, the court
shall { - notify - } { + find on the record that + } the
person upon whom the physical injury was inflicted or the owner
of the property taken, damaged or destroyed { + , if known, has
been notified of the date and time of the proceeding + } and
{ - give such - } { + that the + } person { + has been
given + } an opportunity to be heard on the issue of
restitution. { + The juvenile department shall:
(a) Determine for the court the extent of the victim's injuries
or damages; and
(b) Notify the victim of:
(A) The date and time of the court's proceedings; and
(B) The victim's right to be heard in regards to the
appropriate amount of restitution to be ordered by the court. + }
(3) If the { - child - } { + juvenile + } has been placed
in custody of the Children's Services Division on probation or
for placement at a juvenile training school, the court may order
that the { - child - } { + juvenile + } pay restitution, as
provided in this section, and any assessment under ORS 137.290.
In determining whether or not to order restitution or payment of
an assessment under ORS 137.290 and, if so, the conditions of
payment, the court shall take into consideration the availability
to the { - child - } { + juvenile + } of paid employment
during such time as the { - child - } { + juvenile + } may be
committed to a juvenile training school.
(4) In determining whether or not to order restitution or an
assessment under ORS 137.290, the court shall take into account:
(a) The financial resources of the { - child - } { +
juvenile + } and the burden that payment of restitution will
impose, with due regard to the other obligations of the
{ - child - } { + juvenile + };
(b) The present and future ability of the { - child - } { +
juvenile + } to pay restitution on an installment basis or on
other conditions to be fixed by the court; and
(c) The rehabilitative effect on the { - child - } { +
juvenile + } of the payment of restitution and the method of
payment.
(5) Notwithstanding ORS 419C.501 and 419C.504, when the court
has ordered a { - child - } { + juvenile + } to pay
restitution, as provided in this section, the judgment may be
docketed and, if so, shall have the same effect as a judgment in
a civil action, as provided in ORS 18.320, 18.350, 18.360 and
18.400. The judgment is in favor of the { - state - } { +
victim named in the order of disposition + } and may be enforced
only by the { + victim or the + } state. { - Notwithstanding
ORS 419A.255, - } A judgment for restitution docketed under this
subsection is a public record. The requirements of ORS 137.071
(9) apply to a judgment under this subsection.
SECTION 49. ORS 419C.453 is amended to read:
419C.453. { + (1) + } Pursuant to hearing, the juvenile court
may order a { - child - } { + juvenile + } 12 years of age or
older placed in a detention facility for { - children - } { +
juveniles + } for a specific period of time not to exceed
{ - eight - } { + 90 + } days, in addition to time already
spent in the facility { - , unless a program plan that is in
conformance with standards established by the State Commission on
Children and Families has been filed with and approved by the
commission, in which case the child may be held in detention for
a maximum of 30 days in addition to time already spent in the
facility, when - } { + in the following circumstances + }:
{ - (1) - } { + (a) + } The { - child - } { +
juvenile + } has been found to be within the jurisdiction of the
juvenile court by reason of having committed an act which would
be a crime if committed by an adult; or
{ - (2) - } { + (b) + } The { - child - } { +
juvenile + } has been placed on formal probation for an act which
would be a crime if committed by an adult, and has been found to
have violated a condition of that probation.
{ + (2) In addition to the period of detention authorized by
subsection (1) of this section, the court may order that the
juvenile be held in detention for a maximum period of 180 days as
part of a treatment program. + }
SECTION 50. ORS 419C.610 is amended to read:
419C.610. { - Except as provided in ORS 419C.613, - } The
court may modify or set aside any order made by it upon such
notice and with such hearing as the court may direct { + , except
that the court may not modify or set aside that portion of any
order establishing jurisdiction under ORS 419C.005 + }.
SECTION 51. ORS 161.620 is amended to read:
161.620. Notwithstanding any other provision of law, a sentence
imposed upon any person waived from the juvenile court under ORS
419C.349, { - 419C.352, - } 419C.364 or 419C.370 { + or
prosecuted under chapter 2, Oregon Laws 1995 (Measure No. 11) + }
shall not include any sentence of death { - or life
imprisonment without the possibility of release or parole nor
imposition of any mandatory minimum sentence except that a
mandatory minimum sentence under ORS 163.105 (1)(c) shall be
imposed where the person was 17 years of age at the time of the
offense - } .
SECTION 52. ORS 137.124 is amended to read:
137.124. (1) If the court imposes a sentence of imprisonment
upon conviction of a felony, it shall not designate the
correctional facility in which the defendant is to be confined
but shall commit the defendant to the legal and physical custody
of the Department of Corrections.
(2) After assuming custody of the convicted person the
Department of Corrections may transfer inmates from one
correctional facility to another such facility for the purposes
of diagnosis and study, rehabilitation and treatment, as best
seems to fit the needs of the inmate and for the protection and
welfare of the community and the inmate.
(3) If the court imposes a sentence of imprisonment upon
conviction of a misdemeanor, it shall commit the defendant to the
custody of the executive head of the correctional facility for
the imprisonment of misdemeanants designated in the judgment.
(4)(a) When a person under 18 years of age is waived under ORS
419C.349, { - 419C.352, - } 419C.364 or 419C.370 and
subsequently is sentenced to a term of imprisonment in the
custody of the Department of Corrections, the department shall
transfer the person to a juvenile training school for physical
custody as provided in ORS 420.011 (3).
(b) When a person under 16 years of age is waived under ORS
419C.349, { - 419C.352, - } 419C.364 or 419C.370 and
subsequently is sentenced to a term of imprisonment in the county
jail, the sheriff shall transfer the person to a juvenile
training school for physical custody as provided in ORS 420.011
(3).
SECTION 53. ORS 169.800 is amended to read:
169.800. Notwithstanding a waiver order under ORS 419C.349,
{ - 419C.352, - } 419C.364 or 419C.370, if a person under 16
years of age is detained prior to conviction or after conviction
but prior to execution of sentence, such detention shall be in a
facility used by the county for detention of juveniles.
SECTION 54. ORS 419A.200 is amended to read:
419A.200. (1) { - Except as provided in ORS 419A.190, - }
Any person whose { - right - } { + rights + } or duties are
adversely affected by a final order of the juvenile court may
appeal therefrom. An appeal from a circuit court shall be taken
to the Court of Appeals, and an appeal from a county court shall
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 order, shall grant a
rehearing and shall direct that a record of the proceedings be
kept. { - However, the court shall not grant a rehearing in a
case barred by ORS 419A.190 without the consent of the child
affected by such case. - } If a rehearing is held, the time for
taking an appeal shall run from the date of entry of the court's
order after the rehearing.
(3)(a) The appeal may be taken by causing a notice of appeal,
in the form prescribed by ORS 19.029, to be served:
(A) On all parties who have appeared in the proceeding;
(B) On the clerk of the juvenile court; and
(C) On the juvenile court reporter, if a transcript is
designated in connection with the appeal.
(b) The original of the notice with proof of service shall 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 be filed not later than 30 days after the
entry of the court's order. On appeal from the county court, the
circuit court shall hear the matter de novo and its order shall
be appealable to the Court of Appeals in the same manner as if
the proceeding had been commenced in the circuit court.
(4)(a) Upon motion of a person, other than the state, entitled
to appeal under subsection (1) of this section, if the person was
not represented by counsel in the proceeding from which the
appeal is being taken, 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 the person shows a colorable
claim of error in the proceeding from which the appeal is taken.
(b) A person other than the state shall not be entitled to
relief under this subsection for failure to file timely notice of
cross-appeal when the state appeals pursuant to subsection (7) of
this section.
(c) The request for leave to file a notice of appeal after the
time limits prescribed in subsection (3) of this section shall be
filed no later than 90 days after entry of the order being
appealed and shall be accompanied by the notice of appeal sought
to be filed. A request for leave under this subsection may be
filed by mail and shall be deemed filed on the date of mailing if
the request is mailed as provided in ORS 19.028.
(d) The court shall not grant relief under this subsection
unless the state has notice and opportunity to respond to the
person's request for relief.
(5) An appeal to the Court of Appeals shall be conducted in the
same manner as an appeal in an equity suit and shall be advanced
on the court's docket in the same manner as appeals in criminal
cases.
(6) Except as provided in subsection (8) of this section or
when otherwise ordered by the appellate court, the filing of an
appeal does not suspend the order of the juvenile court nor
discharge the child from the custody of the person, institution
or agency in whose custody the child may have been placed, nor
preclude the trial court after notice and hearing from entering
such further orders relating to the child's custody pending final
disposition of the appeal as it finds necessary by reason only of
matters transpiring subsequent to the order appealed from.
Certified copies of any such order shall be filed by the clerk of
the juvenile court forthwith with the Court of Appeals.
(7) In a juvenile proceeding, the state may take an appeal from
the order of a judge or referee from:
(a) An order made prior to an adjudicatory hearing dismissing
or setting aside a delinquency petition;
(b) An order made after an adjudicatory hearing in which the
juvenile is found to be within the jurisdiction of the court,
setting aside the petition for delinquency;
(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.
(8) If the state pursuant to subsection (7) of this section
appeals a preadjudicatory order, and the { - child - } { +
juvenile + } 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 - }
{ + juvenile + } from detention during the pendency of the
appeal in accordance with the following provisions:
(a) When the { - child - } { + juvenile + } is charged with
an act which would be murder if committed by an adult, release
shall be denied when the proof is evident or the presumption
strong that the
{ - child - } { + juvenile + } committed the act.
(b) The { - child - } { + juvenile + } shall be released
upon the { - child's - } { + juvenile's + } personal
recognizance unless release criteria show to the satisfaction of
the juvenile court that the { - child - } { + juvenile + }
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 - } { + juvenile's + } education and
employment status and history and financial condition;
(B) The nature and extent of the { - child's - } { +
juvenile's + } family relationships;
(C) The { - child's - } { + juvenile's + } past and present
residences;
(D) Identification of persons who agree to assist the
{ - child - } { + juvenile + } in attending court at the
proper time;
(E) The nature of the current petition;
(F) The { - child's - } { + juvenile's + } juvenile record,
if any, and, if the { - child - } { + juvenile + } has
previously been released pending trial, whether the
{ - child - } { + juvenile + } appeared as required;
(G) Any facts indicating the possibility of violations of law
if the { - child - } { + juvenile + } is released without
restrictions;
(H) Any facts tending to indicate that the { - child - }
{ + juvenile + } has strong ties to the community; and
(I) Any other facts tending to indicate the likelihood of the
{ - child's - } { + juvenile's + } appearing before the court
as ordered upon later appearance dates.
(c) If the court finds that release of the { - child - }
{ + juvenile + } on the { - child's - } { + juvenile's + }
personal recognizance is unwarranted, it shall order conditional
release. The court may impose upon the released { - child - }
{ + juvenile + } one or more of the following conditions, but
shall impose the least onerous condition reasonably likely to
assure the { - child's - } { + juvenile's + } later
appearance:
(A) Release of the { - child - } { + juvenile + } into the
care of a parent or other responsible person or organization for
supervising the
{ - child - } { + juvenile + } and assisting the
{ - child - } { + juvenile + } in appearing in court. The
supervisor shall notify the court immediately in the event that
the { - child - } { + juvenile + } breaches the terms of the
conditional release.
(B) Reasonable restrictions on the activities, movements,
associations and residences of the { - child - } { +
juvenile + }.
(C) Any other reasonable restriction designed to assure the
{ - child's - } { + juvenile's + } appearance.
(9) If the child, 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
subsections (1) to (8) of this section, 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
Supreme Court is the appellate court.
(10) Where the court appoints counsel to represent the child,
it may require the parent, if able, or guardian of the estate, if
the estate is able, to pay compensation for counsel and costs and
expenses necessary to the appeal. The test of the parent's or
estate's ability to pay such compensation, costs and expenses
shall be the same test as applied to appointment of counsel for
defendants under ORS 135.050. The court's order of payment shall
be enforceable in the same manner as an order of support under
ORS 419B.408 and 419C.600.
(11) Where the court appoints counsel and the child, 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 Supreme Court is the appellate
court.
(12) The district attorney or Attorney General shall represent
the state in the appeal.
SECTION 55. ORS 419C.374 is amended to read:
419C.374. (1) A petition relating to boating or game offenses
shall be filed as provided in ORS 419C.250, 419C.255 and
419C.258. Motor vehicle offenses are subject to ORS 809.370.
(2) Summons as provided in ORS 419C.300 shall be issued to the
parent or other person having physical custody of the
{ - child - } { + juvenile + }, requiring the parent or other
person to appear with the
{ - child - } { + juvenile + } before the court at the time
and place stated in the summons.
(3) The summons may be served as provided in ORS 419C.309,
419C.312 and 419C.315 or by mailing a copy thereof to the parent
or other person having physical custody of the { - child - }
{ + juvenile + }. If the summons is served personally, a
warrant may be issued as provided in ORS 419C.320.
(4) A hearing shall be held as provided in ORS 419C.142 { - ,
419C.280 - } and 419C.400. At the termination of the hearing, if
the court finds the matters alleged in the petition to be true,
it may enter an order finding the { - child - } { +
juvenile + } to be a juvenile:
(a) Motor vehicle offender and dispose of the case as provided
in ORS 809.370; or
(b) Boating law offender or a game law offender and may dispose
of the case as provided in subsection (5) of this section.
(5) In a proceeding under this chapter, the juvenile court may
suspend a hunting or fishing license or permit where a game
violation is involved and may make such other recommendations
where a boating violation is involved.
SECTION 56. ORS 420.011 is amended to read:
420.011. (1) Except as provided in subsections (2) and (3) of
this section, admissions to the juvenile training schools are
limited to persons 12 years of age and older but less than 19
years of age, found by the juvenile court to be within the
court's jurisdiction by reason of a ground set forth in ORS
419C.495 and placed in the legal custody of the Children's
Services Division. No { - child - } { + juvenile + } under
the age of 12 years may be admitted to, received by or cared for
in a juvenile training school. No { - child - } { +
juvenile + } admitted to a juvenile training school shall be
transferred by administrative process to any penal or
correctional institution.
(2) In addition to the persons placed in the legal custody of
the Children's Services Division under ORS 419B.337 (1), 419C.478
(1) or 419C.481 and with the concurrence of the assistant
director or designee, persons under the age of 21 years who are
committed to the custody of the Department of Corrections under
ORS 137.124 may be temporarily assigned to a juvenile training
school by the Department of Corrections. A person assigned on
such a temporary basis remains within the legal custody of the
Department of Corrections under ORS 137.124 and such assignment
shall be subject to termination by the Assistant Director for
Children's Services by referring such youths back to the
Department of Corrections.
(3) Any person under 18 years of age who, after waiver under
ORS 419C.349, { - 419C.352, - } 419C.364 or 419C.370, is
sentenced to a term of imprisonment in the custody of the
Department of Corrections, and any person under 16 years of age
who after waiver is sentenced to a term of imprisonment in the
county jail, shall be temporarily assigned to a juvenile training
school by the Department of Corrections, or by the sheriff to
whose custody the person has been committed, pursuant to ORS
137.124 (4). The Children's Services Division shall designate the
appropriate juvenile training school or schools for such
assignment. A person assigned to a juvenile training school under
ORS 137.124 (4) and this subsection remains within the legal
custody of the Department of Corrections or sheriff to whose
custody the person was committed. The assignment of such a person
to the juvenile training school shall be subject, when the person
is 16 years of age or older, to termination by the Assistant
Director for Children's Services by referring the person back to
the Department of Corrections or the sheriff to serve the balance
of the person's sentence. Assignment to a juvenile training
school pursuant to ORS 137.124 (4) and this subsection, if not
terminated earlier by the Assistant Director for Children's
Services, shall terminate upon the person's attaining the age of
21 years, and the person shall be referred to the Department of
Corrections or the sheriff having legal custody of the person to
serve the balance of the person's sentence.
(4) Whenever a person committed to the custody of the
Department of Corrections is temporarily assigned to a juvenile
training school pursuant to this section, the Children's Services
Division shall have authority to provide such programs and
treatment for such person, and to adopt rules relating to
conditions of confinement at the training school, as the
Children's Services Division shall determine are appropriate.
However, the person shall remain subject to laws and rules of the
State Board of Parole and Post-Prison Supervision relating to
parole.
SECTION 57. ORS 420.525 is amended to read:
420.525. The costs of the hearings held under ORS 179.473,
419B.328, 419B.331, 419B.334, 419B.337, 419B.343, 419B.346,
419B.349, 419C.446, 419C.450, 419C.478, 419C.481, 419C.486,
419C.489, { - 419C.492, - } 419C.498 and 420.500 to 420.525
and the fees for physicians and other qualified persons appointed
under ORS 179.473, 419B.328, 419B.331, 419B.334, 419B.337,
419B.343, 419B.346, 419B.349, 419C.446, 419C.450, 419C.478,
419C.481, 419C.486, 419C.489, { - 419C.492, - } 419C.498 and
420.500 to 420.525 shall be charged to the county of the
juvenile's residence prior to the initial commitment of the
juvenile to a juvenile training school or to the county of the
inmate's residence prior to the initial commitment of the inmate
to a penal or correctional institution. Attorney fees may also be
charged to that county if the juvenile or inmate has no separate
estate or if the parents of the juvenile refuse or are unable to
provide an attorney.
SECTION 58. ORS 420.860 is amended to read:
420.860. It is declared to be the policy and intent of the
Legislative Assembly that the State of Oregon shall encourage,
aid and financially assist its county governments and public and
private agencies in the establishment and development of youth
care centers for children found to be in need of care and
rehabilitation pursuant to ORS 419B.328, 419B.331, 419B.334,
419B.337, 419B.343, 419B.346, 419B.349, 419C.446, 419C.450,
419C.478, 419C.481, 419C.486, 419C.489 { - , 419C.492 - } and
419C.498.
SECTION 59. ORS 659.030 is amended to read:
659.030. (1) For the purposes of ORS 659.010 to 659.110,
659.227, 659.330, 659.340, 659.400 to 659.460 and 659.505 to
659.545, it is an unlawful employment practice:
(a) For an employer, because of an individual's race, religion,
color, sex, national origin, marital status or age if the
individual is 18 years of age or older or because of the race,
religion, color, sex, national origin, marital status or age of
any other person with whom the individual associates, or because
of a juvenile record, that has been expunged pursuant to
{ - ORS 419A.260 and 419A.262 - } { + section 7 of this 1995
Act + }, of any individual, to refuse to hire or employ or to bar
or discharge from employment such individual. However,
discrimination is not an unlawful employment practice if such
discrimination results from a bona fide occupational requirement
reasonably necessary to the normal operation of the employer's
business.
(b) For an employer, because of an individual's race, religion,
color, sex, national origin, marital status or age if the
individual is 18 years of age or older, or because of the race,
religion, color, sex, national origin, marital status or age of
any other person with whom the individual associates, or because
of a juvenile record, that has been expunged pursuant to
{ - ORS 419A.260 and 419A.262 - } { + section 7 of this 1995
Act + }, of any individual, to discriminate against such
individual in compensation or in terms, conditions or privileges
of employment.
(c) For a labor organization, because of an individual's race,
religion, color, sex, national origin, marital status or age if
the individual is 18 years of age or older or because of a
juvenile record, that has been expunged pursuant to { - ORS
419A.260 and 419A.262 - } { + section 7 of this 1995 Act + },
of any individual to exclude or to expel from its membership such
individual or to discriminate in any way against any such
individual or any other person.
(d) For any employer or employment agency to print or circulate
or cause to be printed or circulated any statement, advertisement
or publication, or to use any form of application for employment
or to make any inquiry in connection with prospective employment
which expresses directly or indirectly any limitation,
specification or discrimination as to an individual's race,
religion, color, sex, national origin, marital status or age if
the individual is 18 years of age or older or on the basis of an
expunged juvenile record, or any intent to make any such
limitation, specification or discrimination, unless based upon a
bona fide occupational qualification. But identifying employees
according to race, religion, color, sex, national origin, marital
status, or age does not violate this section unless the
commissioner, after hearing conducted pursuant to ORS 659.103,
determines that such a designation expresses an intent to limit,
specify or discriminate on the basis of race, religion, color,
sex, national origin, marital status or age.
(e) For an employment agency to classify or refer for
employment, or to fail or refuse to refer for employment, or
otherwise to discriminate against any individual:
(A) On the basis of the individual's race, color, national
origin, sex, religion, marital status or age, if the individual
is 18 years of age or older;
(B) Because of the race, color, national origin, sex, religion,
marital status or age of any other person with whom the
individual associates; or
(C) Because of a juvenile record, that has been expunged
pursuant to { - ORS 419A.260 and 419A.262 - } { + section 7
of this 1995 Act + }.
However, it shall not be an unlawful practice for an employment
agency to classify or refer for employment any individual where
such classification or referral results from a bona fide
occupational requirement reasonably necessary to the normal
operation of the employer's business.
(f) For any employer, labor organization or employment agency
to discharge, expel or otherwise discriminate against any person
because the person has opposed any practices forbidden by this
section, ORS 30.670, 30.685, 659.033 and 659.400 to 659.460, or
because the person has filed a complaint, testified or assisted
in any proceeding under ORS 659.010 to 659.110, 659.400 to
659.460 and 659.505 to 659.545 or has attempted to do so.
(g) For any person, whether an employer or an employee, to aid,
abet, incite, compel or coerce the doing of any of the acts
forbidden under ORS 659.010 to 659.110, 659.400 to 659.460 and
659.505 to 659.545 or to attempt to do so.
(2) The provisions of this section apply to an apprentice under
ORS chapter 660, but the selection of an apprentice on the basis
of the ability to complete the required apprenticeship training
before attaining the age of 70 years is not an unlawful
employment practice. The commissioner shall administer this
section with respect to apprentices under ORS chapter 660 equally
with regard to all employees and labor organizations.
(3) The compulsory retirement of employees required by law at
any age is not an unlawful employment practice if lawful under
federal law.
(4)(a) It shall not be an unlawful employment practice for an
employer or labor organization to provide or make financial
provision for child care services of a custodial or other nature
to its employees or members who are responsible for a minor
child.
(b) As used in this subsection 'responsible for a minor child'
means having custody or legal guardianship of a minor child or
acting in loco parentis to the child.
SECTION 60. ORS 670.290 is amended to read:
670.290. It shall be unlawful for any state agency or licensing
board, including the Oregon State Bar, to:
(1) Require that an applicant for employment, licensing or
admission answer any questions regarding the existence or
contents of a juvenile record that has been expunged pursuant to
{ - ORS 419A.260 and 419A.262 - } { + section 7 of this 1995
Act + };
(2) Bar or discharge from employment or refuse to hire or
employ such individual because of the existence or contents of a
juvenile record that has been expunged pursuant to { - ORS
419A.260 and 419A.262 - } { + section 7 of this 1995 Act + };
or
(3) Deny, revoke or suspend a license because of the existence
or contents of a juvenile record that has been expunged pursuant
to { - ORS 419A.260 and 419A.262 - } { + section 7 of this
1995 Act + }.
SECTION 61. ORS 419A.063 is amended to read:
419A.063. (1) The juvenile court shall not place a
{ - child - } { + juvenile + } in a detention facility for
{ - children - } { + juveniles + } under ORS 419C.453 unless
the facility:
(a) Houses { - children - } { + juveniles + } 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 - } { + juvenile + } under 14 years of age
be placed in any detention facility in which adults are detained
or imprisoned.
SECTION 62. ORS 419A.170 is amended to read:
419A.170. (1) In every case involving an abused or neglected
child which results in a judicial proceeding in juvenile court,
the court shall appoint a court appointed special advocate. The
court appointed special advocate shall be 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 be used for this
purpose.
(2) Subject to the direction of the court, the duties of the
court appointed special advocate shall be to:
(a) Investigate all relevant information about the case;
(b) Advocate for the child, assuring that all relevant facts
are brought before the court;
(c) Facilitate and negotiate to insure that the court,
Children's Services Division or State Office for Services to
Children and Families, 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 insure 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 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 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
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 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 deemed confidential under ORS 419A.255.
(9) For the purposes of a Child Abuse Prevention and Treatment
Act (42 U.S.C. Ý 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
deemed a guardian ad litem to represent the interests of the
minor in proceedings before the court. Any provisions of this
section { - and ORS 419B.035 and 419B.045 - } which shall
cause this state to lose federal funding shall be considered null
and void.
(10) There is created a Court Appointed Special Advocate (CASA)
Fund in the General Fund. The fund shall consist of all moneys
credited thereto. 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 423.310 to 423.350. 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 63. ORS 419B.157 is amended to read:
419B.157. Except as otherwise provided in ORS 419B.168
{ - , - } { + and + } 419C.094 { - and 419C.103 - } , the
jurisdiction of the juvenile court of the county in which a child
is taken into protective custody shall attach from the time the
child is taken into custody.
SECTION 64. ORS 419C.094 is amended to read:
419C.094. { - Except as otherwise provided in ORS 419C.103
(2) and (3), - } The jurisdiction of the juvenile court of the
county in which a { - child - } { + juvenile + } is taken
into protective custody shall attach from the time the
{ - child - } { + juvenile + } is taken into custody.
SECTION 65. ORS 419C.156 is amended to read:
419C.156. Notwithstanding ORS 419C.145 { - (1) and (2) - } ,
the court may order the detention of a child who resides in
another state if the court finds probable cause to believe that
the child has run away from home or from a placement. If a child
is ordered detained under this section, the court shall make such
orders as are necessary to cause the child to be immediately
returned to the child's state of residence.
SECTION 66. ORS 419C.443 is amended to read:
419C.443. (1) Except when otherwise provided in subsection (3)
of this section, when a { - child - } { + juvenile + } is
found to be within the jurisdiction of the court under ORS
419C.005 for a first violation of the provisions under ORS
475.992 prohibiting delivery for no consideration of less than
five grams of marijuana or prohibiting possession of less than
one ounce of marijuana, the court shall order an evaluation and
designate agencies or organizations to perform diagnostic
assessment and provide programs of information and treatment. The
designated agencies or organizations must meet the standards set
by the Assistant Director for Alcohol and Drug Abuse Programs.
Whenever possible, the court shall designate agencies or
organizations to perform the diagnostic assessment that are
separate from those that may be designated to carry out a program
of information or treatment. The parent of the { - child - }
{ + juvenile + } shall pay the cost of the { - child's - }
{ + juvenile's + } participation in the program based upon the
ability of the parent to pay. If the program finds the parent is
indigent, as defined by the rules of the Assistant Director for
Alcohol and Drug Abuse Programs, reimbursement of program
expenses can be made at rates established by rule of the
Assistant Director for Alcohol and Drug Abuse Programs, and
subject to availability, from the moneys transferred to the
Department of Human Resources under ORS 137.303 for use by
alcohol and drug abuse programs. The petition shall be dismissed
by the court upon written certification of the
{ - child's - } { + juvenile's + } successful completion of
the program from the designated agency or organization providing
the information and treatment.
(2) Monitoring the { - child's - } { + juvenile's + }
progress in the program shall be the responsibility of the
diagnostic assessment agency or organization. It shall make a
report to the court stating the { - child's - } { +
juvenile's + } successful completion or failure to complete all
or any part of the program specified by the diagnostic
assessment. The form of the report shall be determined by
agreement between the court and the diagnostic assessment agency
or organization. The court shall make the report a part of the
record of the case.
(3) The court is not required to make the disposition required
by subsection (1) of this section if the court determines that
the disposition is inappropriate in the case { - or if the
court finds that the child has previously entered into an
informal disposition agreement under ORS 419C.239 (10) - } .
SECTION 67. { + For the purpose of harmonizing and clarifying
statute sections published in Oregon Revised Statutes, the
Legislative Counsel may substitute wherever they appear in ORS
chapter 419C for words designating 'child,' 'children' and '
child's,' the words 'juvenile,' 'juveniles' and '
juvenile's.' + }
SECTION 68. { + ORS 419A.190, 419A.260, 419A.262, 419C.176,
419C.280, 419C.343, 419C.352 and 419C.492 are repealed. + }
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