ORS Chapter 419a

Chapter 419A — JuvenileCode: General Provisions and Definitions

 

2009 EDITION

 

 

JUVENILECODE: GENERAL PROVISIONS AND DEFINITIONS

 

HUMANSERVICES; JUVENILE CODE; CORRECTIONS

 

GENERALPROVISIONS

 

419A.004  Definitions

 

COUNTYJUVENILE DEPARTMENT

 

419A.010  Appointmentof counselors and director; juvenile director oversight committee

 

419A.012  Dutiesof director or counselor

 

419A.014  Reportsby juvenile department

 

419A.015  Reportsto school administrators concerning youth offenders on probation

 

419A.016  Powersof director or counselor

 

419A.018  Juveniledepartment is county agency

 

419A.020  Countyresponsibility for expenses of juvenile department

 

419A.022  Responsibilityof counties over 400,000 population

 

COURTSERVICES

 

419A.045  Policyand purpose

 

419A.046  Definitionfor ORS 419A.046 to 419A.048

 

419A.047  Financialaid to counties for court services

 

419A.048  Courtto comply with fiscal reporting procedures

 

DETENTIONAND SHELTER FACILITIES

 

419A.050  Authorityto acquire, equip and maintain detention and shelter facilities

 

419A.052  Specificationsof facilities

 

419A.055  Examinationof facilities; capacity limits; standards for release; notice

 

419A.057  Paymentof maintenance expenses; admission of youth offenders

 

419A.059  Designationof detention and shelter facilities

 

419A.061  Inspectionof detention facilities

 

419A.063  Requirementsfor detention facilities

 

LOCALCITIZEN REVIEW BOARDS

 

419A.090  Localcitizen review boards

 

419A.092  Membership;training

 

419A.094  Additionalboards; creation

 

419A.096  Dutiesof Judicial Department in administering boards

 

419A.098  Rules

 

419A.100  Confidentialityof information; penalty

 

419A.102  Accessto confidential information by boards; procedure

 

419A.104  Reporton children and wards in substitute care

 

419A.106  Reviewof cases generally

 

419A.107  Reviewof cases of youth offenders

 

419A.108  Procedurefor conflicts of interest

 

419A.109  Reviewof cases of wards for whom guardian has been appointed; rules

 

419A.110  Immunityof participants in case review

 

419A.112  Disclosureof information to participants in case review; confidentiality

 

419A.114  Whenpresence of agency personnel at board hearings required

 

419A.116  Findingsand recommendations; judicial review

 

419A.118  Records;disclosure of findings and recommendations

 

419A.120  Courtuse of findings and recommendations

 

419A.122  Useof findings and recommendations by Department of Human Services

 

419A.124  Policyand procedure recommendations

 

419A.128  StateCitizen Review Board Operating Account

 

JUVENILECOURT REFEREES

 

419A.150  Appointment;qualifications; hearings; orders; rehearings

 

COURTAPPOINTED SPECIAL ADVOCATES

 

419A.170  Appointment;duties; immunity; access to information; CASA Fund; rules

 

CONTEMPT

 

419A.180  Powerof court to enforce orders by contempt order

 

FORMERJEOPARDY

 

419A.190  Effectof adjudicatory hearing or admission

 

APPEALS

 

419A.200  Whomay appeal; time limitations; procedure; effect of filing appeal; record onappeal; disclosure

 

419A.205  Judgmentsdescribed; jurisdiction of juvenile court during pendency of appeal;disposition

 

419A.208  Orderssubject to appeal by state; effect of appeal of preadjudicatory order

 

419A.211  Appointmentof counsel

 

FINGERPRINTINGAND PHOTOGRAPHING

 

419A.250  Authority;segregation of records; access; when records may be kept with those of adults;destruction of records; missing children

 

RECORDS

 

419A.253  Wheninformation in report or material considered by court must be identified inrecord

 

419A.255  Maintenance;disclosure; providing transcript; exceptions to confidentiality

 

419A.256  Whentranscript of proceeding is part of record of case; disclosure

 

419A.257  Disclosureto district attorney and other state and county entities

 

419A.260  Expunction;definitions

 

419A.262  Expunctionproceeding; notice to victim; effect of expunction; confidentiality; penalties

 

MISCELLANEOUS

 

419A.300  Reportsto school districts concerning young persons on conditional release

 

419A.305  Noticeto school administrators concerning students subject to juvenile courtpetitions

 

      419A.002 [1993 c.33 §1;1993 c.546 §1; 1997 c.873 §1; repealed by 2003 c.396 §143]

 

GENERALPROVISIONS

 

      419A.004Definitions.As used in this chapter and ORS chapters 419B and 419C, unless the contextrequires otherwise:

      (1)“CASA Volunteer Program” means a program approved or sanctioned by the juvenilecourt to recruit, train and supervise volunteer persons to serve as courtappointed special advocates.

      (2)“Child care center” means a residential facility for wards or youth offendersthat is licensed under the provisions of ORS 418.240.

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

      (4)“Conflict of interest” means a person appointed to a local citizen review boardwho has a personal or pecuniary interest in a case being reviewed by thatboard.

      (5)“Counselor” means a juvenile department counselor or a county juvenileprobation officer.

      (6)“Court” means the juvenile court.

      (7)“Court appointed special advocate” or “CASA” means a person appointed by thecourt pursuant to a CASA Volunteer Program to act as special advocate pursuantto ORS 419A.170.

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

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

      (10)“Detention” or “detention facility” means a facility established under ORS419A.010 to 419A.020 and 419A.050 to 419A.063 for the detention of children,wards, youths or youth offenders pursuant to a judicial commitment or order.

      (11)“Director” means the director of a juvenile department established under ORS419A.010 to 419A.020 and 419A.050 to 419A.063.

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

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

      (a)A member of an Indian tribe; or

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

      (14)“Juvenile court” means the court having jurisdiction of juvenile matters in theseveral counties of this state.

      (15)“Local citizen review board” means the board specified by ORS 419A.090 and419A.092.

      (16)“Parent” means the biological or adoptive mother and the legal father of thechild, ward, youth or youth offender. As used in this subsection, “legal father”means:

      (a)A man who has adopted the child, ward, youth or youth offender or whosepaternity has been established or declared under ORS 109.070 or 416.400 to416.465 or by a juvenile court; and

      (b)In cases in which the Indian Child Welfare Act applies, a man who is a fatherunder applicable tribal law.

      (17)“Permanent foster care” means an out-of-home placement in which there is along-term contractual foster care agreement between the foster parents and thedepartment that is approved by the juvenile court and in which the fosterparents commit to raise a ward in substitute care or youth offender until theage of majority.

      (18)“Planned permanent living arrangement” means an out-of-home placement otherthan by adoption, placement with a relative or placement with a legal guardianthat is consistent with the case plan and in the best interests of the ward.

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

      (20)“Reasonable time” means a period of time that is reasonable given a child orward’s emotional and developmental needs and ability to form and maintainlasting attachments.

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

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

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

      (24)“Serious physical injury” means:

      (a)A serious physical injury as defined in ORS 161.015; or

      (b)A physical injury that:

      (A)Has a permanent or protracted significant effect on a child’s daily activities;

      (B)Results in substantial and recurring pain; or

      (C)In the case of a child under 10 years of age, is a broken bone.

      (25)“Shelter care” means a home or other facility suitable for the safekeeping of achild, ward, youth or youth offender who is taken into temporary custodypending investigation and disposition.

      (26)“Short-term detention facility” means a facility established under ORS 419A.050(3) for holding children, youths and youth offenders pending further placement.

      (27)“Sibling” means one of two or more children or wards related:

      (a)By blood or adoption through a common legal parent; or

      (b)Through the marriage of the children’s or wards’ legal or biological parents.

      (28)“Substitute care” means an out-of-home placement directly supervised by thedepartment or other agency, including placement in a foster family home, grouphome or other child caring institution or facility. “Substitute care” does notinclude care in:

      (a)A detention facility, forestry camp or youth correction facility;

      (b)A family home that the court has approved as a ward’s permanent placement, whena private child caring agency has been appointed guardian of the ward and whenthe ward’s care is entirely privately financed; or

      (c)In-home placement subject to conditions or limitations.

      (29)“Surrogate” means a person appointed by the court to protect the right of thechild, ward, youth or youth offender to receive procedural safeguards withrespect to the provision of free appropriate public education.

      (30)“Tribal court” means a court with jurisdiction over child custody proceedingsand that is either a Court of Indian Offenses, a court established and operatedunder the code of custom of an Indian tribe or any other administrative body ofa tribe that is vested with authority over child custody proceedings.

      (31)“Victim” means any person determined by the district attorney, the juveniledepartment or the court to have suffered direct financial, psychological orphysical harm as a result of the act that has brought the youth or youthoffender before the juvenile court. When the victim is a minor, “victim”includes the legal guardian of the minor. The youth or youth offender may notbe considered the victim. When the victim of the crime cannot be de