Chapter 485 Oregon Laws 2001

AN ACT

SB 126

Relating to juvenile procedure; creating new provisions; and amending ORS 419A.004, 419C.449 and 419C.570.

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

SECTION 1. ORS 419C.570 is amended to read:

419C.570. (1)(a) A parent or legal guardian of any youth found to be within the jurisdiction of the court as provided in ORS 419C.005, if such parent or guardian was served with summons under ORS 419C.300, 419C.303 and 419C.306 prior to the adjudication or at least 10 days prior to disposition, shall be subject to the jurisdiction of the court for purposes of this section. The court may:

(A) Order the parent or guardian to assist the court in any reasonable manner in providing appropriate education or counseling for the youth;

(B) If the youth offender is within the jurisdiction of the court for having committed an act that if committed by an adult would constitute a violation of ORS 166.250, 166.370 or 166.382, require the parent or guardian to pay or cause to be paid all or part of the reasonable costs of any mental health assessment or screening ordered by the court under ORS 419C.109 (3); [or]

(C) If the court orders probation, require the parent or guardian to enter into a contract with the juvenile department in regard to the supervision and implementation of the youth’s probation[.]; or

(D) If the court orders probation, require the parent or guardian to pay all or a portion of the supervision fee if a supervision fee is imposed under ORS 419C.446 (2).

(b) In all cases in which a youth is placed on probation, the juvenile department and the parent or guardian shall develop a plan for supervision of the youth. The plan must be reasonably calculated to provide the supervision necessary to prevent further acts of delinquency given the individual circumstances of the youth. The court shall review and ratify the plan and make the plan a part of the probation order.

(2) The court may require the parent or guardian to pay a specific sum not to exceed $1,000 for a violation by the parent or guardian of the court’s order or the contract under subsection (1)(a) of this section.

(3) The court may not revoke a youth’s probation solely because of a failure of the youth’s parent or guardian to comply with an order or a contract under subsection (1)(a) of this section.

SECTION 2. ORS 419C.449 is amended to read:

419C.449. (1) In determining whether to impose a supervision fee under ORS 419C.446 (2), the court shall consider whether the youth or the parent or legal guardian of the youth will be able to pay the fee. When a supervision fee is required, the fee shall be determined and fixed by the county juvenile department.

(2) The county shall collect or provide by contract for the collection of the supervision fee from the youth or the parent or legal guardian of the youth and shall retain the fee to be used by the county for funding of its juvenile department program.

SECTION 3. ORS 419A.004 is amended to read:

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

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

(2) “Child” means a person within the jurisdiction of the juvenile court as provided in ORS 419B.100.

(3) “Child care center” means a residential facility for the care and supervision of children that is licensed under the provisions of ORS 418.240.

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

(5) “Conflict of interest” means a person appointed to a local citizen review board who has a personal or pecuniary interest in a case being reviewed by that board.

(6) “Counselor” means a juvenile department counselor.

(7) “Court” means the juvenile court.

(8) “Court appointed special advocate” or “CASA” means a person appointed by the court pursuant to a CASA Volunteer Program to act as special advocate for a child pursuant to ORS 419A.170.

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

(10) “Detention” or “detention facility” means a facility established under ORS 419A.010 to 419A.020 and 419A.050 to 419A.063 for the detention of dependent children or delinquent youth pursuant to a judicial commitment or order.

(11) “Director” means the director of a juvenile department established under ORS 419A.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;

(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 court” means the court having jurisdiction of juvenile matters in the several counties of this state.

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

(16) “Office” means the State Office for Services to Children and Families.

(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 voluntary acknowledgment of paternity under ORS 109.070.

(18) “Permanent foster care” means an out-of-home placement in which there is a long-term contractual foster care agreement between the foster parents and the State Office for Services to Children and Families that is approved by the juvenile court and in which the foster parents commit to raise a foster child until the age of majority.

(19) “Planned permanent living arrangement” means an out-of-home placement other than by adoption, placement with a relative or placement with a legal guardian that is consistent with the case plan and in the best interests of the child.

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

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

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

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

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

(25) “Serious physical injury” means:

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

(b) A physical injury that:

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

(B) Results in substantial and recurring pain; or

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

(26) “Shelter care” means a home or other facility suitable for the safekeeping of a child who is taken into temporary custody pending investigation and disposition where the circumstances are such that the child does not need to be kept in secure custody.

(27) “Short-term detention facility” means a facility established under ORS 419A.050 (3) for holding youths pending further placement.

(28) “Substitute care” means an out-of-home placement directly supervised by the office or other agency, including placement in a foster family home, group home or other child caring institution or facility. “Substitute care” does not include care in:

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

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

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

(29) “Surrogate” means a person appointed by the court to protect the right of the child to receive procedural safeguards with respect to the provision of free appropriate public education.

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

(31) “Youth” means a person under 18 years of age who is alleged to have committed an act that is a violation, or, if done by an adult would constitute a violation, of a law or ordinance of the United States or a state, county or city.

(32) “Youth care center” has the meaning given that term in ORS 420.855.

(33) “Youth offender” means a person [who has been found to be within the jurisdiction of the juvenile court under ORS 419C.005 for an act committed by the person when the person was at least 12 years of age and under 18 years of age] at least 12 years of age who has been found to be within the jurisdiction of the juvenile court under ORS 419C.005 for an act committed when the person was under 18 years of age.

SECTION 4. Sections 5 and 6 of this 2001 Act are added to and made a part of ORS chapter 419C.

SECTION 5. (1) Following a review of a police report and other relevant information, a county juvenile department may refer a youth to an authorized diversion program if the youth is eligible to enter into a formal accountability agreement under ORS 419C.230.

(2) An authorized diversion program may include a youth court, mediation program, crime prevention or chemical substance abuse education program or other program established for the purpose of providing consequences and reformation and preventing future delinquent acts.

SECTION 6. (1) An organization may establish and operate a youth court only with the agreement and cooperation of a county juvenile department. To establish a youth court, the organization and the county juvenile department must enter into a written agreement that:

(a) Describes the types of cases that may be referred to the youth court;

(b) Establishes protocols for handling the cases, including time limits to be observed; and

(c) Establishes data collection and outcome reporting requirements.

(2) A youth court in existence on the effective date of this 2001 Act may continue to operate in the form in which it exists on the effective date of this 2001 Act.

(3) A youth court may be described by other terms including, but not limited to, a peer court, teen court or peer jury.

Approved by the Governor June 21, 2001

Filed in the office of Secretary of State June 22, 2001

Effective date January 1, 2002

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