Chapter 419A — Juvenile Code: General Provisions and Definitions

2023 EDITION

JUVENILE CODE: GENERAL PROVISIONS AND DEFINITIONS

HUMAN SERVICES; JUVENILE CODE; CORRECTIONS

GENERAL PROVISIONS

419A.004 Definitions

COUNTY JUVENILE DEPARTMENT

419A.010 Appointment of counselors and director; juvenile director oversight committee

419A.012 Duties of director or counselor

419A.014 Reports by juvenile department

419A.015 Reports to school administrators concerning adjudicated youths on probation

419A.016 Powers of director or counselor

419A.018 Juvenile department is county agency

419A.020 County responsibility for expenses of juvenile department

419A.022 Responsibility of counties over 400,000 population

COURT SERVICES

419A.045 Policy and purpose

419A.046 Definition for ORS 419A.046 and 419A.048

419A.048 Court to comply with fiscal reporting procedures

DETENTION AND SHELTER FACILITIES

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

419A.052 Specifications of facilities

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

419A.057 Payment of maintenance expenses; admission of adjudicated youths

419A.059 Designation of detention and shelter facilities

419A.061 Inspection of detention facilities

419A.063 Requirements for detention facilities

LOCAL CITIZEN REVIEW BOARDS

419A.090 Local citizen review boards

419A.092 Membership; training

419A.094 Additional boards; creation

419A.096 Duties of Judicial Department in administering boards

419A.098 Rules

419A.100 Confidentiality of information; penalty

419A.102 Access to confidential information by boards; procedure

419A.104 Report on children and wards in substitute care

419A.106 Review of cases generally

419A.107 Review of cases of adjudicated youths

419A.108 Procedure for conflicts of interest

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

419A.110 Immunity of participants in case review

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

419A.114 When presence of agency personnel at board hearings required

419A.116 Findings and recommendations; judicial review

419A.118 Records; disclosure of findings and recommendations

419A.120 Court use of findings and recommendations

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

419A.124 Policy and procedure recommendations

419A.128 State Citizen Review Board Operating Account

JUVENILE COURT REFEREES

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

CONTEMPT

419A.180 Power of court to enforce orders by contempt order

FORMER JEOPARDY

419A.190 Effect of adjudicatory hearing or admission

APPEALS

419A.200 Who may appeal; time limitations; procedure; effect of filing appeal; record on appeal; disclosure

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

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

419A.209 Joint motion to vacate judgment or order; appeal after reconsideration

419A.211 Appointment of counsel

RESTRAINTS

419A.240 Use of restraints during juvenile court proceedings

419A.245 Use of restraints during transport

FINGERPRINTING AND PHOTOGRAPHING

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

RECORDS

(Transcripts; Confidentiality; Disclosures)

419A.252 Definitions for ORS 419A.252, 419A.253, 419A.255 and 419A.256

419A.253 When information in report, material or document considered by court must be identified in record

419A.255 Maintenance; disclosure; exceptions to confidentiality

419A.256 When transcript of proceeding is part of record of case; access to transcript; disclosure

419A.257 Reports and materials privileged; permissible disclosures; use of materials in evidence

419A.258 Motion to inspect or copy records

(Expunction)

419A.260 Expunction; definitions

419A.261 Application for expunction of records relating to contact, violations and certain misdemeanors; eligibility; denial; judgment

419A.262 Application for expunction of records relating to certain misdemeanors, prostitution and certain sex crimes; eligibility; denial; judgment; notice to victim

419A.265 Eligibility for order of expunction for certain adjudications involving marijuana

419A.266 Expunction forms

419A.267 Notice of expunction

419A.269 Effect of expunction; confidentiality violations; penalties

419A.271 Appointment of counsel

JUVENILE JUSTICE POLICY COMMISSION

419A.289 Juvenile Justice Policy Commission; membership

419A.291 Officers; quorum; meetings

419A.292 Duties; report

MISCELLANEOUS

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

419A.305 Notice to school administrators concerning students subject to juvenile court petitions

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

GENERAL PROVISIONS

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

(1) “Adjudicated youth” means a person 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.

(2) “Age-appropriate or developmentally appropriate activities” means:

(a) Activities or items that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child, based on the development of cognitive, emotional, physical and behavioral capacities that are typical for an age or age group; and

(b) In the case of a specific child, activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical and behavioral capacities of the child.

(3) “Another planned permanent living arrangement” means an out-of-home placement for a ward 16 years of age or older that is consistent with the case plan and in the best interests of the ward other than placement:

(a) By adoption;

(b) With a legal guardian; or

(4) “CASA Volunteer Program” means a program that is approved or sanctioned by a juvenile court, has received accreditation from the National CASA Association and has entered into a contract with the statewide coordinating entity contracted with by the Oregon Department of Administrative Services under ORS 184.492 to recruit, train and supervise diverse and culturally responsive volunteers to serve as court appointed special advocates.

(5) “Child care center” means a residential facility for wards or adjudicated youths that is licensed, certified or otherwise authorized as a child-caring agency as that term is defined in ORS 418.205.

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

(7) “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.

(8) “Counselor” means a juvenile department counselor or a county juvenile probation officer.

(9) “Court” means the juvenile court.

(10) “Court appointed special advocate” means a person in a CASA Volunteer Program who is appointed by the court to act as a court appointed special advocate pursuant to ORS 419B.112.

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

(12) “Current caretaker” means a foster parent:

(a) Who is currently caring for a ward who is in the legal custody of the Department of Human Services and who has a permanency plan or concurrent permanent plan of adoption; and

(b) Who has cared for the ward, or at least one sibling of the ward, for at least 12 cumulative months or for one-half of the ward’s or sibling’s life where the ward or sibling is younger than two years of age, calculated cumulatively.

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

(14) “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 youths or adjudicated youths pursuant to a judicial commitment or order.

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

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

(17) “Indian child” has the meaning given that term in ORS 419B.603.

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

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

(20) “Parent” means the biological or adoptive mother and the legal parent of the child, ward, youth or adjudicated youth. As used in this subsection, “legal parent” means:

(a) A person who has adopted the child, ward, youth or adjudicated youth or whose parentage has been established or declared under ORS 25.501 to 25.556 or 109.065 or by a juvenile court; and

(b) If the child is an Indian child, a man whose parentage has been established as described in ORS 419B.609.

(21) “Permanent foster care” means an out-of-home placement in which there is a long-term contractual foster care agreement between the foster parents and the department that is approved by the juvenile court and in which the foster parents commit to raise a ward in substitute care or adjudicated youth until the age of majority.

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

(23) “Proctor foster home” has the meaning given that term in ORS 418.205.

(24) “Qualified residential treatment program” means a program described in ORS 418.323.

(25) “Reasonable and prudent parent standard” means the standard, characterized by careful and sensible parental decisions that maintain the health, safety and best interests of a child or ward while encouraging the emotional and developmental growth of the child or ward, that a substitute care provider shall use when determining whether to allow a child or ward in substitute care to participate in extracurricular, enrichment, cultural and social activities.

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

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

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

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

(30) “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

(31) “Shelter care” means a home or other facility suitable for the safekeeping of a child, ward, youth or adjudicated youth who is taken into temporary custody pending investigation and disposition.

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

(33) “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.

(34)(a) “Substitute care” means an out-of-home placement directly supervised by the department or other agency, including placement in a foster family home, group home, child-caring agency as defined in ORS 418.205 or other child caring institution or facility.

(b) “Substitute care” does not include 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, when a child-caring agency as defined in ORS 418.205 has been appointed guardian of the ward and when the ward’s care is entirely privately financed;

(D) A facility or other entity that houses or provides services only to adjudicated youths committed to the custody of the Oregon Youth Authority by the juvenile court; or

(E) An adjudicated youth foster home as that term is defined in ORS 420.888.

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

(36) “Tribal court” has the meaning given that term in ORS 419B.603.

(37) “Victim” means any person determined by the district attorney, the juvenile department or the court to have suffered direct financial, psychological or physical harm as a result of the act that has brought the youth or adjudicated youth before the juvenile court. When the victim is a minor, “victim” includes the legal guardian of the minor. The youth or adjudicated youth may not be considered the victim. When the victim of the crime cannot be determined, the people of Oregon, as represented by the district attorney, are considered the victims.

(38) “Violent felony” means any offense that, if committed by an adult, would constitute a felony and:

(a) Involves actual or threatened serious physical injury to a victim; or

(b) Is a sexual offense. As used in this paragraph, “sexual offense” has the meaning given the term “sex crime” in ORS 163A.005.

(39) “Ward” means a person within the jurisdiction of the juvenile court under ORS 419B.100.

(40) “Young person” means a person who has been found responsible except for insanity under ORS 419C.411 and placed under the jurisdiction of the Psychiatric Security Review Board.

(41) “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.

(42) “Youth care center” has the meaning given that term in ORS 420.855. [1993 c.33 §2; 1993 c.546 §2; 1995 c.422 §65; 1997 c.130 §11; 1997 c.696 §2; 1997 c.873 §4; 1999 c.59 §116; 1999 c.109 §3; 1999 c.577 §11; 1999 c.859 §6; 1999 c.1095 §17; 2001 c.485 §3; 2001 c.900 §122; 2001 c.904 §12; 2001 c.910 §2; 2003 c.396 §1; 2003 c.576 §446; 2005 c.160 §1; 2005 c.517 §2; 2005 c.843 §1; 2007 c.609 §§7,8; 2007 c.806 §§1,2; 2009 c.178 §31; 2012 c.97 §30; 2015 c.254 §1; 2015 c.795 §2; 2016 c.106 §46; 2017 c.351 §1; 2017 c.630 §8; 2017 c.651 §41; 2019 c.382 §1; 2019 c.619 §11; 2020 s.s.1 c.14 §26; 2020 s.s.1 c.19 §§17a,17b; 2021 c.459 §4; 2021 c.489 §1]

COUNTY JUVENILE DEPARTMENT

419A.010 Appointment of counselors and director; juvenile director oversight committee. (1)(a) Subject to paragraph (b) of this subsection, the governing body of any county, after consultation with the judges of the juvenile court in that county, shall appoint or designate one or more persons of good moral character as counselors of the juvenile department of the county, to serve at the pleasure of and at a salary designated by the governing body of the county.

(b) The governing bodies of two or more contiguous counties may, pursuant to an agreement between the counties concerned, and after consultation with the judges of the juvenile courts in those counties, jointly appoint one or more persons of good moral character as counselors of the juvenile departments of the counties, to serve at the pleasure of and at a salary designated by the governing bodies of the counties concerned.

(c) When more than one person is appointed under this subsection, the appointing authority may designate one as director of the juvenile department or departments and the others to serve as juvenile counselors or staff members.

(d) Additional qualifications for a person appointed director of a juvenile department of a county under this subsection may be established by the governing body of a county, subject to the approval of such qualifications by the judge of the juvenile court in that county.

(e) When the chairperson of the governing body of the county is also the judge of the juvenile court under ORS 5.020, only the judge shall make the decisions described in this subsection.

(2) The director shall be the administrator of the juvenile department or departments for the county or counties, including any juvenile detention facilities maintained by the county or by the counties jointly, and the supervisor of the staff of the juvenile department or departments and detention facilities, subject to the direction of the appointing authority.

(3) Notwithstanding subsection (2) of this section, if the county has entered into a written agreement under ORS 190.010 with any other unit or units of local government to coordinate juvenile detention facilities established under ORS 419A.010 to 419A.020 and 419A.050 to 419A.063 for the detention of youths or adjudicated youths pursuant to a judicial commitment or order, a juvenile director oversight committee may assume the duties and powers described in subsection (2) of this section and ORS 419A.012, 419A.014, 419A.015 and 419A.016 if the following requirements have been met:

(a) The agreement to coordinate juvenile detention facilities provides for the formation and operation of a juvenile director oversight committee;

(b) A juvenile director oversight committee consisting of the juvenile director of each county that has entered into the agreement has been formed; and

(c) Each juvenile director has an equal vote on the juvenile director oversight committee. [1993 c.33 §4; 1993 c.546 §3; 2009 c.580 §1; 2019 c.382 §2; 2021 c.489 §30]

419A.012 Duties of director or counselor. The director of a juvenile department or one of the counselors shall:

(1) Make or cause to be made an investigation of every child, ward, youth or adjudicated youth brought before the court and report fully thereon to the court.

(2) Be present in court to represent the interests of the child, ward, youth or adjudicated youth when the case is heard.

(3) Furnish such information and assistance as the court requires.

(4) Take charge of any child, ward, youth or adjudicated youth before and after the hearing as may be directed by the court. [1993 c.33 §5; 2003 c.396 §2; 2021 c.489 §31]

419A.014 Reports by juvenile department. The juvenile department of a county shall report annually to the Youth Development Council the frequency with which the following persons are held in preadjudicative detention and the duration of the detention:

(1) Out-of-state runaways, as defined in ORS 419C.156; or

(2) Runaway youths and adjudicated youths. [1993 c.33 §6; 2001 c.904 §2; 2001 c.905 §3; 2003 c.396 §3; 2019 c.382 §3; 2021 c.489 §32]

419A.015 Reports to school administrators concerning adjudicated youths on probation. (1)(a) Once each month, a county juvenile department shall provide to school administrators of schools or of school districts in the county a list of all adjudicated youths enrolled in a school in the county who are on probation by order of the juvenile court in the county. The department shall include in the list the name and business telephone number of the juvenile counselor assigned to each case.

(b) When an adjudicated youth who is on probation transfers from one school or school district to a different school or school district, the juvenile counselor assigned to the case shall notify the school administrator of the school or of the school district to which the adjudicated youth has transferred of the adjudicated youth’s probation status. The juvenile counselor shall make the notification no later than 72 hours after the juvenile counselor knows of the transfer.

(2) Upon request by the school administrator, the juvenile department shall provide additional information, including the offense that brought the adjudicated youth within the jurisdiction of the juvenile court and such other information that is subject to disclosure under ORS 419A.255 (6).

(3) In addition to the general notification required by subsection (1) of this section, the juvenile department shall notify the school administrator of the specific offense if the act bringing the adjudicated youth within the jurisdiction of the juvenile court involved a firearm, delivery of a marijuana item as defined in ORS 475C.009 or delivery of a controlled substance.

(4) When a school administrator receives any notice under this section, the school administrator may disclose the information only to school personnel, as defined in ORS 339.326, who the school administrator determines need the information in order to safeguard the safety and security of the school, students and staff. A person to whom personally identifiable information is disclosed under this subsection may not disclose the information to another person except to carry out the provisions of this subsection.

(5) Except as otherwise provided in ORS 192.431, a juvenile department, school district or school administrator, or anyone employed or acting on behalf of a juvenile department, school district or school administrator, who sends or receives records under this section is not civilly or criminally liable for failing to disclose the information under this section.

(6) As used in this section, “school administrator” has the meaning given that term in ORS 419A.305. [1997 c.765 §2; 1999 c.620 §9; 1999 c.963 §1a; 2005 c.517 §3; 2008 c.50 §8; 2009 c.447 §7; 2013 c.417 §7; 2017 c.21 §52; 2021 c.489 §33]

Note: 419A.015 was added to and made a part of ORS chapter 419A by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

419A.016 Powers of director or counselor. Any director or counselor has the power of a peace officer as to any child, ward, youth or adjudicated youth committed to the care of the director or counselor. Any director or counselor may, in the discretion of the director or counselor and at any time, bring a child, ward, youth or adjudicated youth committed to the custody and care by the juvenile court before the court for any further action the court considers advisable. [1993 c.33 §7; 2003 c.396 §4; 2021 c.489 §34]

419A.018 Juvenile department is county agency. Except as provided in ORS 419A.010, the juvenile department of a county is and shall be considered a county agency for all purposes. [1993 c.33 §15]

419A.020 County responsibility for expenses of juvenile department. (1) The cost of maintaining a juvenile department and all expenditures incidental thereto, including traveling expenses, and necessarily incurred in supplying the immediate necessities of children, wards, youths or adjudicated youths while committed to the charge of a director or counselor, and all salaries for the personnel of a juvenile department and of any detention facilities maintained in the county, are payable upon the order of the board of county commissioners or county court of the county from county funds budgeted and levied for that purpose in any manner provided by law.

(2) When two or more counties have counselors appointed to serve the counties jointly, each county shall provide funds to pay its share of the costs and expenses of the employment of counselors and maintaining juvenile departments. The method of determining the portion of such costs and expenses each county is to bear must be provided in the agreement made between the counties under ORS 419A.010 (1)(b). [1993 c.33 §16; 2003 c.396 §5; 2021 c.489 §35]

419A.022 Responsibility of counties over 400,000 population. The board of county commissioners or county court of counties having more than 400,000 inhabitants, according to the latest federal decennial census, shall provide proper accommodations for detention rooms and hospital wards, as may be necessary for the care, custody and discipline of children, wards, youths or adjudicated youths. The expense of the same shall be audited and paid in the same manner as other bills in such county are audited and paid. [1993 c.33 §17; 2003 c.396 §6; 2021 c.489 §36]

419A.044 [Formerly 423.310; repealed by 2001 c.904 §9 and 2001 c.905 §11]

COURT SERVICES

419A.045 Policy and purpose. It is declared to be the legislative policy of the State of Oregon to recognize county juvenile courts and departments as a basic foundation for the provision of services to children, wards, youths, adjudicated youths and their families and, with the limited amount of funds available, to assist counties in financing certain juvenile court-related services on a continuing basis. The purpose of ORS 419A.045 to 419A.048 is to provide basic grants to juvenile departments to assist them in the administration of court services as defined in ORS 3.250. [Formerly 423.315; 2003 c.396 §7; 2021 c.489 §37]

419A.046 Definition for ORS 419A.046 and 419A.048. As used in ORS 419A.046 and 419A.048, “state contribution” means the amount of money to which each county is entitled from the funds appropriated for the purposes of carrying out the provisions of ORS 419A.046 and 419A.048. [Formerly 423.330]

419A.047 [Formerly 423.340; 2001 c.904 §3; 2001 c.905 §4; 2003 c.396 §8; 2007 c.71 §110; repealed by 2012 c.37 §69]

419A.048 Court to comply with fiscal reporting procedures. Any court with juvenile court jurisdiction that receives financial assistance under ORS 419A.045 to 419A.048 shall comply with fiscal reporting procedures developed and approved by the Oregon Youth Authority. [Formerly 423.350; 2001 c.904 §4; 2001 c.905 §5]

DETENTION AND SHELTER FACILITIES

419A.050 Authority to acquire, equip and maintain detention and shelter facilities. (1) Any county may acquire in any lawful manner, equip and maintain within the county suitable facilities for the shelter of children, wards, youths and adjudicated youths, or the detention of youths and adjudicated youths, confined pursuant to a judicial commitment or order pending final adjudication of the case by the juvenile court.

(2) When two or more counties have entered into an agreement under ORS 419A.010, the counties jointly may acquire in any lawful manner, equip and maintain, at a suitable site or sites in the counties, facilities suitable for the shelter of children, wards, youths and adjudicated youths, or the detention of youths and adjudicated youths, confined pursuant to judicial commitment or order pending final adjudication of the case by the juvenile court.

(3) Any county may designate, equip and maintain a short-term detention facility for youths and adjudicated youths in transit. The facility may house up to a total of five youths and adjudicated youths in transit for a period not to exceed four continuous days pending further placement. Short-term detention facilities:

(a) May not be located with detention facilities established under subsection (1) or (2) of this section; and

(b) Are subject to the standards and specifications found in ORS 169.740 and 419A.052. Upon written request of the county, the Department of Corrections may approve waivers and variances from the standards and specifications as long as the waivers or variances are consistent with the safety and welfare of detained youths and adjudicated youths. [1993 c.33 §8; 1993 c.546 §4; 1997 c.696 §1; 2003 c.396 §9; 2019 c.382 §4; 2021 c.489 §38]

419A.052 Specifications of facilities. (1) Suitable detention facilities must be of Class I construction and comply with the State of Oregon Structural Specialty Code and Fire and Life Safety Code. In addition, the facilities must provide:

(a) Sanitary drinking water in living units and dayrooms;

(b) Toilets and washbasins accessible to detainees in all housing and activity areas;

(d) A heating system and all equipment required to ensure healthful and comfortable living and working conditions, and that maintains a temperature no lower than 64 degrees;

(e) Lighting at 20 foot-candles density; and

(f) Verbal or mechanical communications from sleeping rooms to staff.

(2) New or major renovated facilities must conform to the requirements of subsection (1) of this section and must also provide:

(a) That any single sleeping rooms located therein are at least 70 square feet and that any dormitories located therein are at least 50 square feet per detainee and house no more than five detainees each;

(b) At least one toilet and washbasin for every five detainees;

(d) Thirty square feet of dayroom space per detainee;

(e) Heating units capable of maintaining 68 to 85 degrees temperature;

(f) Tamper-proof lighting with capability of 20 foot-candles;

(g) Air circulation of 10 cubic feet of fresh air per minute, per detainee;

(h) Sleeping rooms’ water valves accessible for staff control;

(i) Rooms provided for classes, library, arts and crafts; and

(j) Indoor and outdoor recreation and exercise areas. [1993 c.33 §9; 1999 c.59 §117; 2003 c.396 §10]

419A.055 Examination of facilities; capacity limits; standards for release; notice. (1) As used in this section:

(a) “Contracting county” means a county that contracts with another county or a regional juvenile detention correctional facility to place youths and adjudicated youths in a detention facility in another county or in a regional juvenile detention correctional facility.

(b) “County court” has the meaning given that term in ORS 174.100.

(2) The county court of a county may:

(a) Institute an examination of the county’s detention facility and establish its capacity in accordance with constitutional standards; and

(b) Issue an order establishing the capacity of the county’s detention facility.

(3)(a) A county court of a county may adopt standards for releasing youths and adjudicated youths when the capacity of the detention facility is exceeded.

(b) A county court of a contracting county may adopt standards for releasing youths and adjudicated youths when the number of youths or adjudicated youths requiring placement in a detention facility in another county or in a regional juvenile detention correctional facility exceeds the number of youths and adjudicated youths for whose placement the contracting county has contracted.

(4) If a county court issues an order establishing the capacity of the detention facility and that capacity is exceeded, the county court, through the juvenile department director of that county, may release a sufficient number of youths or adjudicated youths to reduce the population of the detention facility to the established capacity.

(5) If the number of youths and adjudicated youths requiring placement in a detention facility in another county or in a regional juvenile detention correctional facility exceeds the number for whose placement the contracting county has contracted, the county court of the contracting county, through the juvenile department director of the contracting county, may release a sufficient number of youths or adjudicated youths who have been placed in a detention facility in another county or in a regional juvenile detention correctional facility to reduce the number of youths and adjudicated youths to the number for whose placement the contracting county has contracted.

(6)(a) The county court of a county, through the juvenile department director of the county, shall immediately notify the judge of the juvenile court of the county of the release of the youths or adjudicated youths.

(b) The county court of a contracting county, through the juvenile department director of the contracting county, shall immediately notify the judge of the juvenile court of the contracting county of the release of the youths or adjudicated youths.

(7) This section does not create a cause of action and may not be asserted as the basis for a per se negligence claim. [1993 c.33 §10; 2003 c.396 §11; 2009 c.293 §1; 2021 c.489 §39]

419A.057 Payment of maintenance expenses; admission of adjudicated youths. (1) All expenses incurred in the maintenance of the facilities for detention and the personnel required for the facilities, except as otherwise provided in subsection (2) of this section, shall be paid upon order of the board of county commissioners or county court from county funds duly levied and collected in any manner provided by law. When joint detention facilities are maintained as provided in ORS 419A.050 (2), each county shall pay its share of the costs and expenses of acquiring, equipping and maintaining the joint detention facilities, to be determined pursuant to an agreement between the counties. Counties may accept gifts or donations of property, including money, for the use of detention facilities to be expended and used as directed by the board of county commissioners.

(2) When a county operates a combined facility to provide both care and rehabilitation services, under ORS 420.855 to 420.885, and detention facilities, the county may also receive state support for the care and rehabilitation services as permitted by ORS 420.880.

(3) When a county operates a combined facility as described in subsection (2) of this section, only adjudicated youths may be admitted to the youth care center of the facility and only following court review of the admission. [1993 c.33 §11; 1993 c.546 §5; 2003 c.396 §12; 2005 c.159 §2; 2021 c.489 §40]

419A.059 Designation of detention and shelter facilities. (1) The juvenile court of each county shall designate the place or places in which children, wards, youths or adjudicated youths are to be placed in shelter care, or in which youths or adjudicated youths are to be placed in detention, when taken into temporary custody.

(2) If the county is adjacent to another state, the court may designate a place or places in the adjoining state where children, wards, youths or adjudicated youths, pursuant to an agreement between such place or places and the juvenile department of the county, may be placed in shelter care when taken into custody.

(3) If the county is adjacent to another state, the court may designate a place or places in the adjoining state where youths or adjudicated youths, pursuant to an agreement between such place or places and the juvenile department of the county, may be placed in detention when taken into custody. A county juvenile department may not enter into an agreement with an out-of-state place for placement in detention as provided in this subsection, unless the place or places conform to standards of this state for such a place and unless the agreement includes a provision that the place be subject to inspection by officers of this state under ORS 419A.061. [1993 c.33 §12; 2003 c.396 §13; 2019 c.382 §5; 2021 c.489 §41]

419A.061 Inspection of detention facilities. Inspection of juvenile detention facilities, including jails or lockups, and enforcement of the juvenile detention standards contained in ORS 419A.059 or otherwise established by statute, must be conducted in the same manner as provided in ORS 169.070 and 169.080. [1993 c.33 §13; 2003 c.396 §14]

419A.063 Requirements for detention facilities. (1) The juvenile court may not place an adjudicated youth in a detention facility under ORS 419C.453 unless the facility:

(a) Houses adjudicated youths 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 an adjudicated youth under 14 years of age be placed in any detention facility in which adults are detained or imprisoned.

(3) As used in this section, “adult” does not include a person who is 18 years of age or older and is alleged to be, or has been found to be, within the jurisdiction of the juvenile court under ORS 419C.005. [1993 c.33 §14; 2003 c.396 §15; 2003 c.442 §6; 2021 c.489 §42]

LOCAL CITIZEN REVIEW BOARDS

419A.090 Local citizen review boards. Subject to the availability of funds, the Judicial Department shall establish local citizen review boards. There shall be at least one local citizen review board in each county with a population of 5,000 or more, except that for two or more contiguous counties, each with a population of fewer than 100,000, there may be joint local citizen review boards. [1993 c.33 §18]

419A.092 Membership; training. (1) Each local citizen review board shall be composed of at least three and not more than seven members appointed by the Chief Justice of the Supreme Court of the State of Oregon. If more than five members are appointed to a local citizen review board, the additional members serve as alternate members. Each member appointed shall be sworn in by a judge of the court to which the member is to be appointed to serve. The Chief Justice shall appoint local citizen review boards according to the following guidelines:

(a) Members of each local citizen review board shall be recruited from groups with special knowledge or interest in foster care, child welfare and juvenile corrections, which may include but are not limited to adoptive parents and members of the professions of law, medicine, psychology, social work, law enforcement, corrections and education;

(b) As far as practicable, members of each local citizen review board shall represent the various socioeconomic and ethnic groups of the area served;

(c) A person providing child protective services employed by the Department of Human Services, by any private agency regulated, certified, directed or licensed by or contracting with the department or by any juvenile court may not serve on any local citizen review board reviewing cases under ORS 419A.106;

(d) A person employed by the Oregon Youth Authority, by any private agency regulated, certified, directed or licensed by or contracting with the Oregon Youth Authority or by any juvenile court may not serve on any local citizen review board reviewing cases under ORS 419A.107;

(e) The appointment of any individual member of a local citizen review board may be made only from a list approved by the presiding judge of the court to which the individual member is to be appointed to serve; and

(f) Members of local citizen review boards must be domiciled or employed within the counties of the court that they are appointed to serve.

(2) Prior to reviewing cases, all persons appointed to serve as local citizen review board members must participate in a 16-hour orientation training program established and approved by the Supreme Court of the State of Oregon. In addition, each local citizen review board member must receive eight hours of training annually. [1993 c.33 §19; 1993 c.412 §1; 2001 c.241 §1; 2003 c.442 §8]

419A.094 Additional boards; creation. Local citizen review boards shall be added when the number of cases requiring review by existing boards exceeds a number per month established by rule under ORS 419A.096, as the maximum number that may be reviewed by a single board. [1993 c.33 §20]

419A.096 Duties of Judicial Department in administering boards. (1) Subject to the availability of funds, the Judicial Department, in accordance with the direction of the Supreme Court of the State of Oregon, shall:

(a) Establish and approve policies and procedures for the operation of local citizen review boards;

(b) Approve and cause to have conducted training programs for local citizen review board members;

(d) Establish reporting procedures to be followed by the local citizen review boards to provide data for the evaluation of ORS 419A.090 to 419A.128, 419B.470, 419B.473, 419B.476, 419B.500 and 419B.502; and

(e) Employ staff and provide for support services for the local citizen review boards.

(2) The Supreme Court shall establish requirements and procedures necessary for compliance with subsection (1) of this section and shall direct the State Court Administrator to carry out duties prescribed by the Supreme Court relating to the administration of the local citizen review board program established under this section and ORS 419A.090, 419A.092, 419A.094 and 419A.098. [1993 c.33 §21]

419A.098 Rules. The Chief Justice, in consultation with the Supreme Court, shall adopt rules under ORS 1.002 that may include any procedures for the administration of the local citizen review board program regarding:

(1) Removal of members of local citizen review boards;

(2) The time, content and manner in which case plans and case progress reports shall be provided by the Department of Human Services or other agency or individual directly responsible for the care of the child or ward to the local citizen review board. These rules may require that such information be provided in shorter time periods than those contained in ORS 419B.443, and that information in addition to that specified by ORS 419B.443 be provided;

(3) Procedures for providing written notice of the review to the department, any other agency directly responsible for the care or placement of the child or ward, the parents or their attorneys, foster parents, surrogate parents, mature children and wards or their attorneys, the appointed attorney or court appointed special advocate of any child or ward, any district attorney or attorney general actively involved in the case and other interested persons. The notice shall include advice that persons receiving a notice may participate in the hearing and be accompanied by a representative;

(4) Procedures for securing or excusing the presence at the review of caseworkers and other employees of the department or other agencies directly responsible for the care of the child or ward;

(5) Procedures by which boards can remove cases from review when such review is not required under federal law;

(6) Grounds for removal of members;

(7) Terms of board members; and

(8) Organization of individual boards. [1993 c.33 §23; 1993 c.546 §6; 2001 c.962 §95; 2003 c.396 §§16,17]

419A.100 Confidentiality of information; penalty. (1) Before beginning to serve on a local citizen review board, each member shall swear or affirm to the court that the member shall keep confidential the information reviewed by the board and its actions and recommendations in individual cases.

(2) The members and staff of a local citizen review board are not subject to subpoena to appear in court to testify regarding information reviewed by the board or actions taken or recommendations made by the board in individual cases.

(3) A member of a local citizen review board who violates the duty imposed by subsection (1) of this section commits a Class A violation. [1993 c.33 §27; 1993 c.412 §3; 1999 c.1051 §179]

419A.102 Access to confidential information by boards; procedure. (1) Notwithstanding the provisions of ORS 40.225 to 40.275, 412.074, 419B.035, 419B.045, 419B.440, 419B.443, 419B.446, 419B.449, 419B.452 and 419B.460, each local citizen review board shall have access to:

(a) Any records of the court which are pertinent to the case; and

(b) Any records of the Department of Human Services that would be admissible in a permanency hearing conducted under ORS 419B.470, 419B.473 and 419B.476, including school records and reports of private service providers contained in the records of the department or other agency.

(2) All requested records not already before the local citizen review board shall be submitted by the department within five working days after receipt of the request. The following provisions apply:

(a) Copies may be sent in lieu of originals.

(b) Except as otherwise provided in this paragraph, the local citizen review boards and the staff provided for the boards must return all records and copies received from the department to the department within seven working days after completion of the review. The staff of a local citizen review board may retain a reference copy of case materials used by the local citizen review board to make its recommendation if the following apply:

(A) The material is necessary for the ongoing work of the board with regard to the particular case or to work of the board; and

(B) The confidentiality of the material is continued and protected in the same manner as other materials received from the department. Materials thus retained by the local boards are exempt from disclosure under the public records law.

(3) If a local citizen review board is denied access to requested records, it may request a court hearing. The court may require the organization in possession of the records to show cause why the records should not be made available as provided by this section. [1993 c.33 §28; 1993 c.546 §91; 1999 c.859 §17]

419A.104 Report on children and wards in substitute care. Within seven working days after the first of each month, the Department of Human Services shall send to the citizen review board state administrative office the federally required report listing all children and wards in substitute care. The report must include the dates of placement and the dates by which a review must be conducted. [1993 c.412 §5 (enacted in lieu of 1993 c.33 §29); 2003 c.396 §18]

419A.106 Review of cases generally. (1) Except for cases removed from review under procedures established under ORS 419A.098, the local citizen review board shall review the case of each child and ward in substitute care which is assigned by the court. The following provisions apply:

(a) The review shall take place at times set by the board, the first review to be no more than six months after the child or ward is placed in substitute care and subsequent reviews to take place no less frequently than once every six months thereafter until the child or ward is no longer within the jurisdiction of the court, no longer in substitute care or until an adoption proceeding becomes final.

(b) The court, by rule of the court or on an individual case basis, may relieve the local citizen review board of its responsibility to review a case if a complete judicial review has taken place within 60 days prior to the next scheduled board review. A complete judicial review is a hearing that results in a written order that contains the findings required under ORS 419B.476 or includes substantially the same findings as are required under ORS 419A.116.

(c) The court shall notify the local citizen review board of a denial of a petition to terminate parental rights within 10 days of the denial. As soon as practical but no later than 45 days after the denial, the board shall review any case where a petition to terminate parental rights has been denied.

(2) The local citizen review board may hold joint or separate reviews for groups of siblings.

(3) At any review conducted under this section or at a court hearing conducted in lieu of that review, the court or local citizen review board shall inquire of those present as to the parent’s current address and telephone numbers and, if the parent has a contact person, the name, current address and telephone number of the contact person. When appropriate, the court may enter a protective order limiting disclosure of information obtained under this subsection. [1993 c.33 §30; 1993 c.412 §6; 2001 c.686 §§19,19a; 2003 c.396 §19]

419A.107 Review of cases of adjudicated youths. (1) Subject to the availability of funds, a local citizen review board shall review cases of adjudicated youths in the custody of the Oregon Youth Authority and placed in substitute care. The local citizen review board shall focus on public safety, adjudicated youth accountability and reformation in conducting the reviews.

(2) The Judicial Department and the Oregon Youth Authority shall enter into an intergovernmental agreement regarding the reviews conducted under subsection (1) of this section. The intergovernmental agreement must outline the:

(a) Timing of the reviews;

(b) Participants to be invited to the reviews; and

(3) The local citizen review board shall forward findings and recommendations generated at a review under subsection (1) of this section to the court and any other parties designated in the agreement under subsection (2) of this section. The court shall cause the findings and recommendations to become part of the juvenile court file for consideration by the juvenile court judge. [1999 c.187 §1; 2001 c.241 §2; 2021 c.489 §43]

Note: 419A.107 was added to and made a part of ORS chapter 419A by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

419A.108 Procedure for conflicts of interest. Whenever a member of a local citizen review board has a potential conflict of interest in a case being reviewed, the member shall declare to the local citizen review board the nature of the potential conflict prior to participating in the case review. The following apply as described:

(1) The declaration of the member shall be recorded in the official records of the board.

(2) If, in the judgment of the majority of the local board, the potential conflict of interest may prevent the member from fairly and objectively reviewing the case, the local board may remove the member from participation in the review. [1993 c.33 §32]

419A.109 Review of cases of wards for whom guardian has been appointed; rules. (1) Subject to the availability of funds and upon request of a court under ORS 419B.367, a local citizen review board shall review the case of a ward for whom a guardian has been appointed under ORS 419B.365 or 419B.366. In the request for review, the court shall notify the local citizen review board of the names and addresses of the parties.

(2) The review shall take place within 45 days, or as soon as is practicable given the schedule of the local citizen review board, after the local citizen review board receives the request for review by the court.

(3) The local citizen review board shall send notice of the review to all parties.

(4) The Chief Justice of the Supreme Court, in consultation with the Supreme Court, shall adopt rules under ORS 1.002 that may include any procedures for the administration of the local citizen review board program regarding:

(a) The time, content and manner in which the guardian must provide reports to the local citizen review board; and

(b) The process to be followed in conducting the reviews.

(5) The local citizen review board shall forward findings and recommendations generated at a review under subsection (1) of this section to the court and all parties. The court shall cause the findings and recommendations to become part of the juvenile court file for consideration by the juvenile court judge. The court shall give the local citizen review board written notice if the court modifies, alters or takes action on a case as a result of the recommendations of the local citizen review board. [2003 c.229 §8; 2005 c.84 §2; 2007 c.333 §6]

Note: 419A.109 was added to and made a part of ORS chapter 419A by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

419A.110 Immunity of participants in case review. Anyone participating in a case review by a local citizen review board shall have:

(1) Immunity from any liability, civil or criminal, for defamation for statements made in good faith by the participant, orally or in writing, in the course of such case review.

(2) The same immunity with respect to participating in any judicial proceeding resulting from the review or recommendation of a local board to the juvenile court. [1993 c.33 §35]

419A.112 Disclosure of information to participants in case review; confidentiality. (1) The local citizen review board may disclose records disclosed to the local board under ORS 419A.102 to:

(a) Parents and their attorneys;

(b) Foster parents;

(d) Mature wards;

(e) The attorneys for children and wards; and

(f) Other persons authorized by the local board to participate in the case review.

(2) Before participating in a local citizen review board case review, each participant, other than parents, children and wards, shall swear or affirm to the board that the participant shall keep confidential the information disclosed by the board in the case review and to disclose it only as authorized by law. [1993 c.33 §34; 1997 c.328 §2; 1999 c.92 §5; 2003 c.396 §20; 2005 c.159 §3]

419A.114 When presence of agency personnel at board hearings required. (1) Unless excused from doing so by the local citizen review board, the Department of Human Services and any other agency directly responsible for the care and placement of the child or ward shall require the presence of any employees having knowledge of the case at local board meetings.

(2) The local citizen review board may require the presence of specific employees of the department or agency at local board meetings. If an employee fails to be present at such a meeting, the local review board may request a court hearing. The court may require the employee to be present and show cause why the employee should not be compelled to appear before the local citizen review board.

(3) As used in this section, “presence” includes telephone participation except that the caseworker on the case at the time of the meeting must be physically present if required. [1993 c.33 §37; 2003 c.396 §21]

419A.116 Findings and recommendations; judicial review. (1) After reviewing each case, the local citizen review board shall make written findings and recommendations with respect to:

(a) Whether reasonable efforts were made prior to the placement, to prevent or eliminate the need for removal of the child or ward from the home;

(b) If the case plan at the time of the review is to reunify the family, whether the Department of Human Services has made reasonable efforts to make it possible for the child or ward to safely return home and whether the parent has made sufficient progress to make it possible for the child or ward to safely return home;

(c) If the case plan at the time of the review is something other than to reunify the family, whether the department has made reasonable efforts to place the child or ward in a timely manner in accordance with the case plan, including, if appropriate, placement of the child or ward through an interstate placement, and to complete the steps necessary to finalize the permanent placement of the child or ward;

(d) The continuing need for and appropriateness of the placement;

(e) Compliance with the case plan;

(f) The progress which has been made toward alleviating the need for placement;

(g) A likely date by which the child or ward may be returned home or placed for adoption;

(h) Other problems, solutions or alternatives the board determines should be explored;

(i) Whether the court should appoint an attorney or other person as special advocate to represent or appear on behalf of the child or ward under ORS 419B.195;

(j) For a ward 16 years of age or older with a permanency plan of another planned permanent living arrangement, the steps the department is taking to ensure that:

(A) The ward’s substitute care provider is following the reasonable and prudent parent standard; and

(B) The ward has regular, ongoing opportunities to engage in age-appropriate or developmentally appropriate activities, including consultation with the ward in an age-appropriate manner about the opportunities the ward has to participate in the activities;

(k) Whether there is reason to know, as described in ORS 419B.636, that the child or ward is an Indian child; and

(L) If there is reason to know the child or ward is an Indian child:

(A) Whether the department made active efforts, as described in ORS 419B.645, to prevent the breakup of the Indian family prior to the child’s removal;

(B) If the case plan at the time of the review is to reunify the family, whether the department has provided active efforts to make it possible for the child to safely return home and whether the parent has made sufficient progress to make it possible for the child to return home;

(C) If the case plan at the time of review is to reunify the family and the child or ward is placed in a home outside the placement preferences described in ORS 419B.654, whether the department has continued to maintain the relationship of the child or ward with potential adoption preferences or whether the department has continued to search for a permanent placement that satisfies the placement preferences described in ORS 419B.654; and

(D) If the case plan at the time of the review is something other than to reunify the family, whether the department has made active efforts to place the child in a timely manner in accordance with the placement preferences under ORS 419B.654.

(2) The local citizen review board may, if the case plan has changed during the period since the last review by a local citizen review board or court hearing, make written findings and recommendations with respect to:

(a) Whether the Department of Human Services has made reasonable efforts or, if the child is an Indian child, active efforts to make it possible for the child or ward to safely return home and whether the parent has made sufficient progress to make it possible for the child or ward to safely return home, if a plan to reunify the family was in effect for any part of the period since the last review or hearing; or

(b) Whether the department has made reasonable efforts to place the child or ward in a timely manner in accordance with the case plan, including, if appropriate, placement of the child or ward through an interstate placement, and to complete the steps necessary to finalize the permanent placement of the child or ward, if a case plan other than to reunify the family was in effect for any part of the period since the last review or hearing.

(3) In determining whether the Department of Human Services has made reasonable efforts or, if the child is an Indian child, active efforts to make it possible for the child or ward to safely return home, the local citizen review board shall consider the child or ward’s health and safety the paramount concerns.

(4) No later than 10 days after receiving the findings and recommendations of the local citizen review board, a party adversely affected by the findings and recommendations may request judicial review. [1993 c.33 §31; 2001 c.686 §20; 2003 c.396 §22; 2007 c.611 §3; 2015 c.254 §2; 2020 s.s.1 c.14 §52; 2021 c.398 §53a]

419A.118 Records; disclosure of findings and recommendations. The local citizen review board shall keep accurate records and retain these records on file. The local citizen review board shall send copies of its written findings and recommendations to the following:

(1) The court;

(2) The Department of Human Services; and

(3) Other participants in the review. [1993 c.33 §33]

419A.120 Court use of findings and recommendations. Upon receipt of findings and recommendations from the local citizen review board, the court shall:

(1) Review the findings and recommendations of the local citizen review board within 10 days after the findings and recommendations are received by the court. If the court finds it appropriate, the court may on its own motion schedule a review hearing.

(2) Cause the findings and recommendations of the local citizen review board to become part of the juvenile court file.

(3) Give the local citizen review board written notice if the court modifies, alters or takes action on a case as a result of the board’s recommendations. [1993 c.33 §38]

419A.122 Use of findings and recommendations by Department of Human Services. Upon receipt of findings and recommendations from the local citizen review board, the Department of Human Services shall:

(1) Review the findings and recommendations of the local citizen review board within 10 days after the findings and recommendations are received by the department. The recommendations shall be implemented and the case plan modified as the department deems appropriate and resources permit.

(2) Give the local citizen review board written notice of such intent within 17 days of receipt of the report if the department does not intend to implement the recommendations.

(3) Cause the findings and recommendations of the local citizen review board to become part of the case file of the department. [1993 c.33 §39; 1993 c.412 §7]

419A.124 Policy and procedure recommendations. In addition to reviewing individual cases of children and wards in substitute care, local citizen review boards may make recommendations to the court and the Department of Human Services concerning substitute care services, policies, procedures and laws. [1993 c.33 §36; 2003 c.396 §23]

419A.128 State Citizen Review Board Operating Account. (1) There is created a State Citizen Review Board Operating Account in the General Fund which is continuously appropriated to the State Court Administrator to pay the expenses incurred under ORS 419A.090 to 419A.128, 419B.470, 419B.473 and 419B.476. Such expenses shall be paid only from funds specifically appropriated for the purposes of ORS 419A.090 to 419A.128, 419B.470, 419B.473 and 419B.476 and no other moneys appropriated to the State Court Administrator shall be used for these purposes.

(2) The State Court Administrator may accept funds and assistance from public and private sources for carrying out the purposes of ORS 419A.090 to 419A.128, 419B.470, 419B.473 and 419B.476 and may agree to conditions on the funds and assistance that are not inconsistent with ORS 419A.090 to 419A.128, 419B.470, 419B.473 and 419B.476. Such funds shall be credited to the State Citizen Review Board Operating Account. [1993 c.33 §42; 2003 c.442 §9]

JUVENILE COURT REFEREES

419A.150 Appointment; qualifications; hearings; orders; rehearings. (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 must be qualified by training and experience in the handling of juvenile matters, must have such further qualifications as may be prescribed by law and holds office as referee at the pleasure of the judge. The state shall pay the compensation of a referee appointed by the judge of a circuit court from funds available for the purpose. The county shall pay the compensation of a referee appointed by the judge of a county court.

(2) The judge may direct that any case, or all cases of a class designated by the judge, 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) When the referee conducts a hearing, the persons entitled to request rehearing as provided in subsection (7) of this section must be notified of the referee’s findings, recommendations or order, together with a notice to the effect that a rehearing may be had before a judge if requested within 10 days. A rehearing before a judge of the juvenile court may be determined on the same evidence introduced before the referee if a stenographic transcript of the proceedings was kept, but, in any case, additional evidence may be presented.

(4) All orders of a referee become immediately effective, subject to the right of review provided in this section, and 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 becomes a final order of the juvenile court upon expiration of 10 days following its entry, unless a rehearing is ordered or requested.

(5) The judge of the juvenile court or, in counties having more than one judge of the juvenile court, the presiding judge of the juvenile court may establish requirements that any or all orders of referees must be expressly approved by a judge of the juvenile court before becoming effective.

(6) A judge of the juvenile court may, on the judge’s own motion, order a rehearing of any matter heard before a referee.

(7) At any time prior to the expiration of 10 days after the entry of the order and findings of a referee into the court register, a child, ward, youth, adjudicated youth, the parent, guardian, district attorney, Department of Human Services, juvenile department or other party affected by the order may request rehearing. The request for rehearing must be served upon all parties by the party requesting the rehearing.

(8) All rehearings of matters heard before a referee shall be heard expeditiously by a judge of the juvenile court within 30 days after the filing of the request, unless the court orders a continuance. In no event may the rehearing occur later than 45 days after the date of the filing of the request. The rehearing is conducted de novo.

(9) Notwithstanding subsection (7) of this section, when a referee finds that a youth is not within the jurisdiction of the court in a proceeding brought under ORS 419C.005, the district attorney may not request a rehearing. [1993 c.33 §43; 1993 c.546 §7; 2003 c.396 §24; 2021 c.489 §44]

419A.170 [1993 c.33 §44; 1993 c.546 §92; 1993 c.676 §41; 1997 c.130 §12; 2001 c.962 §91; 2003 c.396 §§25,26; 2005 c.755 §35; 2011 c.190 §1; repealed by 2012 c.97 §1]

CONTEMPT

419A.180 Power of court to enforce orders by contempt order. In case of failure to comply with any order of the juvenile court, the court may proceed for contempt of court against the person failing to comply. [1993 c.33 §45]

FORMER JEOPARDY

419A.190 Effect of adjudicatory hearing or admission. Except as provided in ORS 153.108 (1), proceedings in adult criminal court and other juvenile court adjudicatory proceedings based on an act alleged in a petition or citation to have been committed by a child, ward, youth or adjudicated youth or allegations arising out of the same conduct are barred when the juvenile court judge or referee has begun taking evidence in an adjudicatory hearing or has accepted a child, ward, youth or adjudicated youth’s admission or answer of no contest to the allegations of the petition or citation. This section does not prevent appeal of any preadjudicatory order of the court that could be appealed in a criminal case, including, but not limited to, an order suppressing evidence. [1993 c.33 §46; 1999 c.1051 §134; 2003 c.396 §27; 2021 c.489 §45]

APPEALS

419A.200 Who may appeal; time limitations; procedure; effect of filing appeal; record on appeal; disclosure. (1) Except as provided in ORS 419A.190, any person or entity, including, but not limited to, a party to a juvenile court proceeding under ORS 419B.875 (1) or 419C.285 (1), whose rights or duties are adversely affected by a judgment of the juvenile court may appeal therefrom. An appeal from a circuit court must be taken to the Court of Appeals, and an appeal from a county court must be taken to the circuit court.

(2) If the proceeding is in the circuit court and no record of the proceedings was kept, the court, on motion made not later than 15 days after the entry of the court’s judgment, shall grant a rehearing and shall direct that a record of the proceedings be kept. However, the court may not grant a rehearing in a case barred by ORS 419A.190 without the consent of the child, ward, youth or adjudicated youth affected by such case. If a rehearing is held, the time for taking an appeal runs from the date of entry of the court’s judgment after the rehearing.

(3)(a) The appeal may be taken by causing a notice of appeal, in the form prescribed by ORS 19.250, to be served:

(A) On all parties who have appeared in the proceeding;

(B) On the trial court administrator or other person serving as clerk of the juvenile court; and

(b) The original of the notice with proof of service must be filed with:

(A) The Court of Appeals if the appeal is from a circuit court; or

(B) The circuit court if the appeal is from a county court.

(c) The notice must be filed not later than 30 days after the entry of the court’s judgment. On appeal from the county court, the circuit court shall hear the matter de novo and its judgment is appealable to the Court of Appeals in the same manner as if the proceeding had been commenced in the circuit court.

(4) The counsel in the proceeding from which the appeal is being taken shall file and serve those documents necessary to commence an appeal if the counsel is requested to do so by the party the counsel represents. If the party requesting an appeal is represented by court-appointed counsel, court-appointed counsel may discharge the duty to commence an appeal under this subsection by complying with policies and procedures established by the Oregon Public Defense Commission for appeals of juvenile court judgments.

(5)(a) Upon motion of a person, other than the state, entitled to appeal under subsection (1) of this section, the appellate court shall grant the person leave to file a notice of appeal after the time limits described in subsection (3) of this section if:

(A) The person shows a colorable claim of error in the proceeding from which the appeal is taken; and

(B) The person shows that the failure to file a timely notice of appeal is not personally attributable to the person.

(b) A person other than the state is not entitled to relief under this subsection for failure to file timely notice of cross-appeal when the state appeals pursuant to ORS 419A.208.

(c) The request for leave to file a notice of appeal after the time limits prescribed in subsection (3) of this section must be filed no later than 90 days after entry of the judgment being appealed and must be accompanied by the notice of appeal sought to be filed. A request for leave under this subsection may be filed by mail and is deemed filed on the date of mailing if the request is mailed as provided in ORS 19.260.

(d) The court may not grant relief under this subsection unless the state has notice and opportunity to respond to the person’s request for relief.

(6) An appeal to the Court of Appeals must be conducted in the same manner as an appeal under ORS chapter 19 except that the court shall advance the appeal on the court’s docket in the same manner as appeals in criminal cases.

(7)(a) Except as provided in ORS 419A.208 (2), or when otherwise ordered by the appellate court, the filing of an appeal does not suspend an order or judgment of the juvenile court nor discharge the ward or adjudicated youth from the custody of the person, institution or agency in whose custody the ward or adjudicated youth may have been placed nor preclude the juvenile court after notice and hearing from entering such further orders relating to the ward or adjudicated youth’s custody pending final disposition of the appeal as it finds necessary by reason only of matters transpiring subsequent to the order or judgment appealed from. The trial court administrator shall immediately file certified copies of any such order or judgment with the Court of Appeals.

(b) Notwithstanding the filing of an appeal from a jurisdictional or dispositional judgment or an order entered pursuant to ORS 419B.449 or 419B.476, the juvenile court may proceed with the adjudication of a petition seeking termination of the parental rights of a parent of the ward who is subject to the judgment from which the appeal is taken.

(c) The appeal of any judgment entered in a termination of parental rights proceeding under paragraph (b) of this subsection must be consolidated, if appropriate, with any pending appeal of an order or judgment entered under ORS 419B.325, 419B.449 or 419B.476. The consolidated appeal must be conducted and advanced on the court’s docket in the same manner as termination of parental rights cases.

(8) On appeal of a judgment or final order, the appellate court may review any interlocutory order that:

(a) Involves the merits or necessarily affects the judgment or final order appealed from; and

(b) Was made after entry of the last appealable judgment or final order preceding entry of the judgment or final order being appealed.

(9) The district attorney or Attorney General shall represent the state in the appeal.

(10)(a) The court from which an appeal is taken shall prepare and transmit a record on appeal in the manner provided in ORS 19.365, except that, when the appeal is to the circuit court from a county court, the record on appeal shall be prepared and transmitted by the county court to the circuit court.

(b) The court to which an appeal is taken under this section shall keep a record of the case on appeal that includes but is not limited to notices of appeal, briefs, motions, orders of the court and other papers filed with the court on appeal.

(c) The record on appeal prepared and transmitted under paragraph (a) of this subsection, when it is in the custody of the court to which the appeal is taken, and the record of the case on appeal kept under paragraph (b) of this subsection are subject to the same limitations on inspection, copying and disclosure of records, reports and materials as those set forth under ORS 419A.255.

(d) The court on appeal may consent to disclosure of:

(A) Records described in paragraph (a) of this subsection, while in the custody of the court to which the appeal is taken, in the same manner and under the same circumstances as the juvenile court consents to disclosure under ORS 419A.255;

(B) Records described in paragraph (b) of this subsection; or

(C) An audio or video recording prepared of an oral proceeding on appeal, in the same manner as permitted under ORS 419A.256 (1)(b), (3) and (4).

(e) Notwithstanding any other provision of law, any decision, as that term is defined in ORS 19.450, issued by the Court of Appeals or the Supreme Court, on appeal or review of a juvenile court decision, is not confidential and is not exempt from disclosure. [1993 c.33 §47; 1995 c.79 §214; 1995 c.422 §66; 1997 c.389 §10; 1997 c.761 §5; 1999 c.263 §1; 1999 c.859 §15a; 2001 c.480 §§3,3a; 2001 c.910 §3; 2003 c.396 §28; 2007 c.58 §1; 2009 c.231 §6; 2009 c.484 §12; 2013 c.417 §8; 2014 c.71 §6; 2021 c.489 §46; 2023 c.281 §58]

419A.205 Judgments described; jurisdiction of juvenile court during pendency of appeal; disposition. (1) For the purpose of being appealed, the following are judgments:

(a) A judgment finding a child or youth to be within the jurisdiction of the court;

(b) A judgment disposing of a petition including, but not limited to, a disposition under ORS 419B.325 or 419C.411;

(d) A final order adversely affecting the rights or duties of a party and made in a proceeding after judgment including, but not limited to, a final order under ORS 419B.449 or 419B.476.

(2) An appeal from a judgment finding a child or youth to be within the jurisdiction of the court does not deprive the juvenile court of jurisdiction to proceed with a disposition of the matter.

(3) If an appeal is taken from a judgment finding a child or youth to be within the jurisdiction of the court before the juvenile court enters a judgment disposing of the matter under ORS 419B.325 or 419C.411, any necessary modification of the appeal must be made according to the rules of the appellate court.

(4) When an appeal is taken from a judgment finding a child or youth to be within the jurisdiction of the court, if the appellate court:

(a) Reverses the judgment, the judgment disposing of the matter is reversed; or

(b) Modifies the judgment, a party may move for relief as otherwise provided by law. [2001 c.480 §2; 2003 c.348 §1; 2003 c.396 §29]

419A.208 Orders subject to appeal by state; effect of appeal of preadjudicatory order. (1) In addition to the state’s right to appeal under ORS 419A.200, the state may appeal from any of the following orders of a judge or referee:

(a) An order made prior to an adjudicatory hearing dismissing or setting aside a delinquency petition;

(b) An order that sets aside a petition for delinquency if the order is made after an adjudicatory hearing in which the youth is found to be within the jurisdiction of the court;

(c) An order made prior to an adjudicatory hearing suppressing or limiting evidence or refusing to suppress or limit evidence; or

(d) An order made prior to an adjudicatory hearing for the return or restoration of things seized.

(2) If the state pursuant to subsection (1) of this section appeals a preadjudicatory order, and the youth is in detention in the same proceeding pursuant to ORS 419C.109, 419C.136, 419C.139, 419C.170 and 419C.173, the juvenile court shall consider release of the youth from detention during the pendency of the appeal in accordance with the following provisions:

(a) When the youth is charged with an act that would be murder if committed by an adult, release shall be denied when the proof is evident or the presumption strong that the youth committed the act.

(b) The youth shall be released upon the youth’s personal recognizance unless release criteria show to the satisfaction of the juvenile court that the youth would not be likely to appear before the court as ordered upon later appearance dates and that such a release is therefore unwarranted. Release criteria include the following:

(A) The youth’s education and employment status and history and financial condition;

(B) The nature and extent of the youth’s family relationships;

(D) The names of persons who agree to assist the youth in attending court at the proper time;

(E) The nature of the current petition;

(F) The youth’s juvenile record, if any, and, if the youth has previously been released pending trial, whether the youth appeared as required;

(G) Any facts indicating the possibility of violations of law if the youth is released without restrictions;

(H) Any facts tending to indicate that the youth has strong ties to the community; and

(I) Any other facts tending to indicate the likelihood that the youth will appear before the court as ordered upon later appearance dates.

(c) If the court finds that release of the youth on the youth’s personal recognizance is unwarranted, it shall order conditional release. The court may impose upon the released youth one or more of the following conditions, but shall impose the least onerous condition reasonably likely to ensure the youth’s later appearance:

(A) Release of the youth into the care of a parent or other responsible person or organization for supervising the youth and assisting the youth in appearing in court. The supervisor shall immediately notify the court in the event that the youth breaches the terms of the conditional release.

(B) Reasonable restrictions on the activities, movements, associations and residences of the youth.

419A.209 Joint motion to vacate judgment or order; appeal after reconsideration. (1) Upon joint motion of the parties to an appeal from a judgment or order of the juvenile court, the court may vacate the judgment or order from which the appeal was taken and remand the matter to the juvenile court to reconsider the judgment or order, or any order entered by the juvenile court. Upon remand, the juvenile court shall have jurisdiction to enter a modified judgment or order.

(2) After entry of a modified judgment or order on reconsideration, or upon reentry of the original judgment or order, either party may appeal in the same time and manner as an appeal from the original judgment or order. [2013 c.143 §2]

419A.211 Appointment of counsel. (1) If the child, ward, youth, adjudicated youth, parent or guardian is determined to be entitled to, and, except as provided in subsection (4) of this section, financially eligible for, appointment of counsel at state expense in an appeal as provided in ORS 419A.200 and 419A.208, the court, upon request of the person or upon its own motion, shall appoint suitable counsel to represent the person. Counsel appointed by the court shall be paid compensation determined by the executive director of the Oregon Public Defense Commission as provided in ORS 135.055 if the circuit court is the appellate court or as provided in ORS 138.500 if the Court of Appeals or the Supreme Court is the appellate court. The court may not substitute one appointed counsel for another except pursuant to the policies, procedures, standards and guidelines of the commission.

(2)(a) When the court appoints counsel to represent the child or ward, it may order the parent, if able, or guardian of the estate, if the estate is able, to pay to the Public Defense Services Account established by ORS 151.225, through the clerk of the court, in full or in part the administrative costs of determining the ability of the parents or estate to pay for legal services and the costs of the legal and other services that are related to the provision of appointed counsel.

(b) The test of the parent’s or estate’s ability to pay costs under paragraph (a) of this subsection is the same test as applied to appointment of counsel for defendants under ORS 151.216. If counsel is provided at state expense, the court shall apply this test in accordance with the guidelines adopted by the Oregon Public Defense Commission under ORS 151.485.

(c) If counsel is provided at state expense, the court shall determine the amount the parents or estate is required to pay for the costs of administrative, legal and other services related to the provision of appointed counsel in the same manner as this amount is determined under ORS 151.487.

(d) The court’s order of payment is enforceable in the same manner as an order of support under ORS 419B.408.

(3) When the court appoints counsel under this section at state expense, the compensation for counsel and costs and expenses necessary to the appeal shall be determined and paid as provided in ORS 135.055 if the circuit court is the appellate court or as provided in ORS 138.500 if the Court of Appeals or the Supreme Court is the appellate court.

(4) Notwithstanding subsection (1) of this section, a youth or adjudicated youth, or the parent or guardian of the youth or adjudicated youth, is entitled to court-appointed counsel at state expense under this section regardless of the financial circumstances of the youth or adjudicated youth or the parent or guardian of the youth or adjudicated youth. In addition, the court may not order the youth’s or adjudicated youth’s parent or guardian to pay any part of the administrative costs of determining the entitlement of the youth, adjudicated youth, parent or guardian to court-appointed counsel at state expense nor any of the costs of the legal and other services that are related to the provision of appointed counsel. [2001 c.480 §6; 2001 c.962 §56; 2003 c.396 §§31,32; 2003 c.449 §50; 2012 c.107 §45; 2021 c.489 §47; 2021 c.597 §11a; 2023 c.281 §59]

RESTRAINTS

419A.240 Use of restraints during juvenile court proceedings. During any juvenile court proceeding under this chapter and ORS chapters 419B and 419C regarding a youth, adjudicated youth or young person:

(1)(a) Instruments of physical restraint, such as handcuffs, chains, irons, straitjackets, cloth restraints, leather restraints, plastic restraints and other similar items, may not be used during the juvenile court proceeding and must be removed prior to the youth, adjudicated youth or young person being brought into the courtroom unless the court finds that the use of restraints is necessary due to an immediate and serious risk of dangerous or disruptive behavior and there are no less restrictive alternatives that will alleviate the immediate and serious risk of dangerous or disruptive behavior.

(b) If the means do not exist to remove instruments of physical restraint as described in paragraph (a) of this subsection prior to the youth, adjudicated youth or young person being brought into the courtroom, such restraints shall be removed prior to commencement of the proceeding.

(c) Instruments of physical restraint removed under this subsection must remain removed for the duration of the proceeding.

(2) In determining whether an immediate and serious risk of dangerous or disruptive behavior exists, the court may consider:

(a) Whether the youth, adjudicated youth or young person has a history of dangerous or disruptive behavior that has placed the youth, adjudicated youth or young person or others in potentially harmful situations as evidenced by recent behavior;

(b) Whether the youth, adjudicated youth or young person presents a substantial risk of inflicting physical harm on himself or others; and

(c) Whether the youth, adjudicated youth or young person presents a substantial risk of flight from the courtroom or courtroom premises.

(3) In determining whether a less restrictive alternative will alleviate the immediate and serious risk of dangerous or disruptive behavior, the court may consider the presence of court personnel, law enforcement officers, juvenile department staff or counselors, or bailiffs.

(4) When the use of restraints is requested by a law enforcement agency, the juvenile department or other party to the juvenile court proceeding, the request must be made in writing and presented to the court and other parties prior to the youth, adjudicated youth or young person’s appearance in the courtroom for the juvenile court proceeding. The request must describe discrete, recent, concrete and observable examples of behaviors or risk factors that justify the use of restraints.

(5) The court shall provide the attorney for the youth, adjudicated youth or young person an opportunity to be heard prior to ordering the use of restraints. If restraints are ordered, the court shall make written findings of fact in support of the order.

(6) Any restraints used must allow the youth, adjudicated youth or young person limited movement of the hands to read and handle documents and writings necessary to the juvenile court proceeding. Under no circumstances should a youth, adjudicated youth or young person be restrained to a stationary object or another person.

(7) Restraints may not be used as punishment, for convenience or as a substitute for staff supervision. [2017 c.257 §2; 2021 c.489 §48]

419A.245 Use of restraints during transport. (1) During the transportation of a youth, adjudicated youth, young person, ward or child by the Department of Human Services, the Oregon Health Authority or an agent of the department or authority:

(a) Instruments of physical restraint, such as handcuffs, chains, irons, straitjackets, cloth restraints, leather restraints, plastic restraints and other similar items, may not be used unless:

(A) The transportation is secure transportation to a detention facility, youth correction facility, as defined in ORS 420.005, secure hospital, secure intensive community inpatient facility or other secure facility; or

(B) Restraints are necessary due to an immediate and serious risk of dangerous or disruptive behavior and there are no less restrictive alternatives that will alleviate the immediate and serious risk of dangerous or disruptive behavior.

(b) Prior to the use of restraints during transportation, a transportation safety plan, including documentation of the need for restraints, must be created. The transportation safety plan must address intervention strategies designed to modify behavior without the use of restraints and recommend the least restrictive effective alternative.

(c) Only staff who have been adequately trained in restraint device usage may use and apply restraints during transportation.

(d) Restraints during transportation may not be used as punishment, for convenience or as a substitute for staff supervision.

(2) This section applies to all circumstances of transportation of a ward or child by the Department of Human Services, the Oregon Health Authority or an agent of the department or authority, including but not limited to transportation between placements with child-caring agencies, foster homes, shelter care facilities, treatment and residential facilities or any other type of placement destination for a ward or child in the custody of the Department of Human Services. [2017 c.257 §3; 2019 c.382 §6; 2021 c.489 §49]

FINGERPRINTING AND PHOTOGRAPHING

419A.250 Authority; segregation of records; access; when records may be kept with those of adults; destruction of records; missing children. (1) A child, ward, youth or adjudicated youth may be photographed or fingerprinted by a law enforcement agency:

(a) Pursuant to a search warrant;

(b) According to laws concerning adults if the youth has been transferred to criminal court for prosecution;

(c) Upon consent of both the child or youth and the child or youth’s parent after advice that they are not required to give such consent;

(d) 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; or

(e) By order of the juvenile court.

(2)(a) When a youth is taken into custody under ORS 419C.080, the law enforcement agency taking the youth into custody shall photograph and fingerprint the youth. When a youth is found within the jurisdiction of the juvenile court for the commission of an act that would constitute a crime if committed by an adult, the court shall ensure that the adjudicated youth’s fingerprints have been taken. The law enforcement agency attending upon the court is the agency responsible for obtaining the fingerprints. The law enforcement agency attending upon the court may, by agreement, arrange for another law enforcement agency to obtain the fingerprints on the attending agency’s behalf.

(b) When an adjudicated youth is committed to a youth correction facility and the juvenile department, court or law enforcement agency has not provided the adjudicated youth’s fingerprint and photograph files or records to the Oregon Youth Authority, the youth authority shall photograph and fingerprint the adjudicated youth.

(3) Fingerprint and photograph files or records of a child, ward, youth or adjudicated youth must be kept separate from those of adults. Fingerprints and photographs known to be those of a child may be maintained on a local basis only and may not be sent to the Department of State Police or a federal depository.

(4) Fingerprint and photograph files or records of a child, ward, youth or adjudicated youth are open to inspection only by, or the contents disclosed only to, the following:

(a) Public agencies for use in investigation or prosecution of crimes and of conduct by a child, ward, youth or adjudicated youth that if committed by an adult would be an offense, provided that a law enforcement agency may provide information to another agency only when the information is pertinent to a specific investigation by that agency;

(b) The juvenile department and the juvenile court having the child, ward, youth or adjudicated youth before it in any proceeding;

(c) Caseworkers and counselors taking action or otherwise responsible for planning and care of the child, ward, youth or adjudicated youth;

(d) The parties to the proceeding and their counsel; and

(e) The victim or a witness of an act or behavior described under ORS 419C.005 (1) or the victim’s parent, guardian, personal representative or subrogee, when necessary to identify the youth or adjudicated youth committing the act or behavior and identifying the apparent extent of the youth or adjudicated youth’s involvement in the act or behavior.

(5)(a) Fingerprint and photograph files or records of youths and adjudicated youths must be sent to the Department of State Police in the same manner as fingerprint and photograph files or records of adults. The fingerprint and photograph files or records of a youth or adjudicated youth sent to the department under this subsection are open to inspection in the same manner and under the same circumstances as fingerprint and photograph files or records of adults.

(b) A party filing a petition alleging that a youth is within the jurisdiction of the court under ORS 419C.005 shall notify the Department of State Police of the following:

(A) The filing of a petition alleging that a youth committed an act that if committed by an adult would constitute a crime; or

(B) The dismissal of a petition alleging that a youth committed an act that if committed by an adult would constitute a crime.

(c) The juvenile court shall notify the Department of State Police of the disposition of a case in which jurisdiction is based on ORS 419C.005.

(d) The Oregon Youth Authority shall notify the Department of State Police of an adjudicated youth’s commitment to the youth authority for placement in a youth correction facility.

(e) The Oregon Youth Authority shall notify the Department of State Police of the termination of an adjudicated youth’s commitment for placement in a youth correction facility and to the legal custody of the youth authority.

(f) The Department of State Police shall delete the fingerprint and photograph files or records of a youth or adjudicated youth and destroy the files or records relating to the conduct that caused the files or records to be sent to the department:

(A) Two years after receiving the files, if the Department of State Police has not received notice under paragraph (b) of this subsection;

(B) No later than one year following receipt of a notice of dismissal of a petition under paragraph (b)(B) of this subsection;

(C) No later than one year after the Department of State Police receives notice under paragraph (e) of this subsection; or

(D) In all other circumstances, no later than the earlier of the date the Department of State Police receives the notice of termination of the case or five years and 30 days after the department receives notice of the disposition of the case.

(6) Fingerprint and photograph files and records of a child, ward, youth or adjudicated youth must be expunged when the juvenile court orders expunction of a child, ward, youth or adjudicated youth’s record pursuant to ORS 419A.260 to 419A.271.

(7) 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. The information must be entered into the Law Enforcement Data System and the Western Identification Network Automated Fingerprint Identification System.

(8) When fingerprint files or records are submitted under subsection (7) of this section, the Department of State Police shall enter in a special index in the computerized criminal history files the name of the child and the name of the county or agency that submitted the fingerprint file or record.

(9) Fingerprints and other information entered in any data system pursuant to subsection (7) of this section must be deleted when the child is located. [1993 c.33 §48; 1993 c.602 §1; 1995 c.422 §67; 1999 c.111 §3; 2003 c.396 §33; 2007 c.71 §111; 2011 c.547 §44; 2021 c.322 §1; 2021 c.489 §50a; 2021 c.585 §7]

RECORDS

(Transcripts; Confidentiality; Disclosures)

419A.252 Definitions for ORS 419A.252, 419A.253, 419A.255 and 419A.256. As used in this section and ORS 419A.253, 419A.255 and 419A.256:

(1) “Person” means an individual, a public body as defined in ORS 174.109 or a tribe that is a party to a juvenile court proceeding pursuant to ORS 419B.875.

(2) “Prospective appellate attorney” means an attorney designated by the Oregon Public Defense Commission to potentially represent a child, ward, youth, adjudicated youth or a parent or guardian of a child, ward, youth or adjudicated youth, in a juvenile case when the case has been referred to the commission for appeal.

(3) “Public defense provider” means an attorney or a law firm designated by the Oregon Public Defense Commission to potentially represent a child, ward, youth, adjudicated youth or the parent or guardian of a child, ward, youth or adjudicated youth in a juvenile court proceeding.

(4) “Record of the case” or “record of each case,” whether maintained in paper or electronic form, includes but is not limited to the following and includes records filed in juvenile court proceedings commenced before January 1, 2014, when the records are substantially similar to the following:

(a) The summons and other process;

(b) Petitions;

(c) Papers in the nature of pleadings, answers, motions, affidavits and other papers that are filed with the court, including supporting documentation;

(d) Local citizen review board findings and recommendations submitted under ORS 419A.118 or 419B.367;

(e) Guardianship report summaries filed with the court under ORS 419B.367;

(f) Orders and judgments of the court, including supporting documentation;

(g) Transcripts under ORS 419A.256;

(h) Exhibits and materials offered as exhibits whether or not received in evidence; and

(i) Other documents that become part of the record of the case by operation of law.

(5) “Supplemental confidential file,” whether maintained in paper or electronic form, includes reports and other material relating to the child, ward, youth or adjudicated youth’s history and prognosis, including but not limited to reports filed under ORS 419B.440, and includes similar reports and other materials filed in juvenile court proceedings commenced before January 1, 2014, that:

(a) Are not or do not become part of the record of the case; and

(b) Are not offered or received as evidence in the case. [2013 c.417 §1; 2014 c.71 §1; 2020 s.s.1 c.14 §56; 2021 c.489 §51; 2023 c.281 §60]

Note: 419A.252 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 419A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

419A.253 When information in report, material or document considered by court must be identified in record. (1) When, for the purpose of a hearing or proceeding that will result in the entry of an order or judgment, the juvenile court intends to rely upon information in any report, material or document, including information in the supplemental confidential file, and no party has offered the report, material or document as an exhibit or asked the court to take judicial notice of a fact or law in the information pursuant to ORS 40.060 to 40.085 and 40.090, the court shall:

(a) Identify on the record the report, material or document, or information in the report, material or document, upon which the court intends to rely; and

(b) Subject to the court’s ruling on objections by the parties, either:

(A) Take judicial notice of a fact or law in the information pursuant to ORS 40.060 to 40.085 and 40.090; or

(B) Cause the report, material or document, or a part of the report, material or document, to be marked and received as an exhibit.

(2) If the court takes judicial notice of a fact or law under subsection (1) of this section, the court shall cause a list to be made that reasonably identifies, by reference to the source, any fact or law that is judicially noticed. The court may include the list in the order or judgment or set out the contents of the list in a separate document attached to the order or judgment.

(3) An exhibit marked and received under subsection (1) of this section and a list made under subsection (2) of this section are part of the record of the case maintained by the clerk of the court under ORS 419A.255 (1).

(4) If an appeal is taken from the order or judgment following the hearing or proceeding and the designation of record on appeal includes exhibits, the court or the trial court administrator shall cause the following to be transmitted to the appellate court as part of the record of the case on appeal:

(a) Exhibits;

(b) The list described in subsection (2) of this section; and

(c) Any report, material or document containing judicially noticed facts or law as identified on the list made under subsection (2) of this section. [2005 c.451 §2; 2013 c.417 §2]

419A.255 Maintenance; disclosure; exceptions to confidentiality. (1)(a) The clerk of the court shall maintain a record of each case and a supplemental confidential file for each case, except as otherwise provided in ORS 7.120.

(b) The record of the case shall be withheld from public inspection but is open to inspection by the following:

(A) The judge of the juvenile court and those acting under the judge’s direction;

(B) The child;

(D) The youth;

(E) The adjudicated youth;

(F) The parent or guardian of the child, ward, youth or adjudicated youth;

(G) The guardian ad litem for the parent;

(H) A person allowed to intervene in a proceeding involving the child, ward, youth or adjudicated youth;

(I) The court appointed special advocate, and a representative of a CASA Volunteer Program as defined in ORS 184.489, when reasonably necessary for the appointment or supervision of court appointed special advocates;

(J) The attorneys or prospective appellate attorneys for any of the persons listed in subparagraphs (B) to (I) of this paragraph;

(K) The surrogate;

(L) Service providers in the case;

(M) The district attorney or assistant attorney general representing a party in the case;

(N) The juvenile department;

(O) The Department of Human Services;

(P) The Oregon Youth Authority; and

(Q) Any other person or entity allowed by the court pursuant to ORS 419A.258.

(A) The judge of the juvenile court and those acting under the judge’s direction;

(B) A party to the extent permitted under ORS 419B.875 (2) or 419C.285 (2);

(C) A guardian ad litem for a parent to the same extent the parent is permitted to copies under ORS 419B.875 (2) or 419C.285 (2);

(D) Persons listed in paragraph (b)(J) to (P) of this subsection; and

(E) Any other person or entity allowed by the court pursuant to ORS 419A.258.

(2)(a) Reports and other material relating to the child, ward, youth or adjudicated youth’s history and prognosis in the record of the case or the supplemental confidential file are privileged and, except at the request of the child, ward, youth or adjudicated youth, shall be withheld from public inspection except that inspection is permitted as set forth in subsection (1)(b) of this section and paragraph (b) of this subsection. The offer or admission of reports and other material in the record of the case or the supplemental confidential file as exhibits in a hearing or trial does not waive or otherwise change the privileged status of the reports and other material, except for purposes of the hearing or trial in which the reports and other material are offered or admitted. Once offered as an exhibit, reports and other material relating to the child, ward, youth or adjudicated youth’s history and prognosis that were maintained in the supplemental confidential file become part of the record of the case but are subject to paragraph (e) of this subsection.

(b) A supplemental confidential file is open to inspection by the following:

(A) The judge of the juvenile court and those acting under the judge’s direction;

(B) The parent or guardian of the child or ward in a dependency case;

(D) The parent or guardian of the youth or adjudicated youth in a delinquency case if the youth or adjudicated youth consents to, or the court authorizes, inspection;

(E) The guardian ad litem for the parent of a youth or adjudicated youth in a delinquency case if the youth or adjudicated youth consents to, or the court authorizes, inspection;

(F) A person allowed to intervene in a proceeding involving the child, ward, youth or adjudicated youth;

(G) The court appointed special advocate, and a representative of a CASA Volunteer Program as defined in ORS 184.489, when reasonably necessary for the appointment or supervision of court appointed special advocates;

(H) The surrogate;

(I) Service providers in the case;

(J) The attorneys or prospective appellate attorneys for:

(i) The child;

(ii) The ward;

(iii) The youth;

(iv) The adjudicated youth;

(v) The parent or guardian of the child, ward, youth or adjudicated youth;

(vi) The guardian ad litem for the parent;

(vii) A person allowed to intervene in a proceeding involving the child or ward in a dependency case; or

(viii) The court appointed special advocate and a representative of a CASA Volunteer Program as defined in ORS 184.489;

(K) The district attorney or assistant attorney general representing a party in the case;

(L) The juvenile department;

(M) The Department of Human Services;

(N) The Oregon Youth Authority; and

(O) Any other person or entity allowed by the court pursuant to ORS 419A.258.

(c) The supplemental confidential file in cases under ORS 419C.005 may be disclosed to the superintendent of the school district in which the adjudicated youth resides or the superintendent’s designee.

(d) The following are entitled to copies of material maintained in the supplemental confidential file:

(A) The judge of the juvenile court and those acting under the judge’s direction;

(B) Service providers in the case;

(D) Attorneys designated under subsection (2)(b)(J) of this section;

(E) The district attorney or assistant attorney general representing a party in the case;

(F) The juvenile department;

(G) The Department of Human Services;

(H) The Oregon Youth Authority;

(J) Any other person or entity allowed by the court pursuant to ORS 419A.258.

(e) A person that obtains copies of material in the supplemental confidential file pursuant to paragraph (d) of this subsection is responsible for preserving the confidentiality of the material in the supplemental confidential file. A service provider, school superintendent or superintendent’s designee who obtains copies of such material shall destroy the copies upon the conclusion of involvement in the case.

(3) Except as otherwise provided in subsection (5) of this section, no information appearing in the record of the case or in the supplemental confidential file may be disclosed to any person not described in subsections (1)(b) and (2)(b) of this section, respectively, without the consent of the court, except for purposes of evaluating the child, ward, youth or adjudicated youth’s eligibility for special education as provided in ORS chapter 343, and no such information may be used in evidence in any proceeding to establish criminal or civil liability against the child, ward, youth or adjudicated youth, whether such proceeding occurs after the child, ward, youth or adjudicated youth has reached 18 years of age or otherwise, except for the following purposes:

(a) In connection with a presentence investigation after guilt has been admitted or established in a criminal court.

(b) In connection with a proceeding in another juvenile court concerning the child, ward, youth or adjudicated youth or an appeal from the juvenile court.

(4)(a) When a person described in subsection (1)(b)(M), (N), (O) or (P) of this section inspects or obtains copies of reports, materials or documents under this subsection or under subsection (1) or (2) of this section, the person may not use or disclose the reports, materials or documents, except:

(A) As provided in this subsection or under subsection (1) or (2) of this section;

(B) In the juvenile court proceeding for which the reports, materials or documents were sought or disclosed;

(D) As provided in ORS 419A.253.

(b) Nothing in this section prohibits the district attorney or assistant attorney general representing a party in a juvenile court proceeding, the juvenile department, the Department of Human Services, the Oregon Youth Authority or other parties in the proceeding or their attorneys from disclosing to each other reports, materials or documents described in subsections (1) and (2) of this section if the disclosure is reasonably necessary to perform official duties related to the involvement of the child, ward, youth or adjudicated youth with the juvenile court or the juvenile department. A person to whom reports, materials or documents are disclosed under this subsection is subject to subsection (3) of this section.

(5)(a) Information contained in the supplemental confidential file that, in the professional judgment of the juvenile counselor, caseworker, school superintendent or superintendent’s designee, teacher or detention worker to whom the information in the supplemental confidential file 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 who is in danger from the child, ward, youth or adjudicated youth.

(b) A person that discloses information under paragraph (a) of this subsection has immunity from any liability, civil or criminal, that might otherwise be incurred or imposed for making the disclosure.

(c) Nothing in this subsection affects the provisions of ORS 146.750, 146.760, 419B.035, 419B.040 and 419B.045. The disclosure of information under this subsection does not make the information admissible in any court or administrative proceeding if it is not otherwise admissible.

(6) Notwithstanding any other provision of law, and subject to subsection (8) of this section, the following are not confidential and not exempt from disclosure:

(a) The name and date of birth of the youth or adjudicated youth;

(b) The basis for the juvenile court’s jurisdiction over the youth or adjudicated youth;

(d) The act alleged in the petition that if committed by an adult would constitute a crime if jurisdiction is based on ORS 419C.005;

(e) That portion of the juvenile court order providing for the legal disposition of the youth or adjudicated youth when jurisdiction is based on ORS 419C.005;

(f) The names and addresses of the youth or adjudicated youth’s parents or guardians; and

(g) The register described in ORS 7.020 when jurisdiction is based on ORS 419C.005.

(7) Notwithstanding any other provision of law, and subject to subsection (8) of this section, when a youth has been taken into custody under ORS 419C.080, the following information shall be disclosed unless, and only for so long as, there is a clear need to delay disclosure in the course of a specific investigation, including the need to protect the complaining party or the victim:

(a) The youth’s name and age and whether the youth is employed or in school;

(b) The youth offense for which the youth was taken into custody;

(c) The name and age of the adult complaining party and the adult victim, unless the disclosure of such information is otherwise prohibited or restricted;

(d) The identity of the investigating and arresting agency; and

(e) The time and place that the youth was taken into custody and whether there was resistance, pursuit or a weapon used in taking the youth into custody.

(8) Except as provided in ORS 419A.300 and unless otherwise directed by the court, only the juvenile court, the county juvenile department and the Oregon Youth Authority may disclose the information under subsections (6) and (7) of this section if the information is subject to disclosure. The youth authority may disclose only information relating to adjudicated youths committed to the youth authority by order of the juvenile court if the information is subject to disclosure under subsection (6) or (7) of this section.

(9) Nothing in this section limits access to any juvenile court records by an appellate court reviewing a juvenile court order or judgment. Appellate court rules may establish procedures for appellate court access to juvenile records.

(10) Nothing in this section prohibits the court from providing to the administrator as defined in ORS 25.010 the date of entry of a judgment terminating parental rights or the date of entry of a judgment terminating wardship following entry of a judgment of adoption together with the names and dates of birth of the parents and children subject to the judgment.

(11) In addition to any other provision in this section, the Judicial Department may permit county or statewide access to juvenile court records or information by county juvenile departments, the Department of Human Services, the Oregon Youth Authority, district attorney offices, the office of the Attorney General, the Oregon Public Defense Commission, prospective appellate attorneys or public defense providers subject to the following restrictions:

(a) A prospective appellate attorney or public defense provider granted access under this subsection must agree, pursuant to a written agreement with the Judicial Department, to access:

(A) Party information only for purposes of conflicts screening procedures; and

(B) Other records or information about a client only as reasonably necessary for the representation of that client in any juvenile case in which the client is a party, subject to applicable state and federal confidentiality laws.

(b) Any other person or entity granted access under this subsection must agree, pursuant to a written agreement with the department, to access records or information only as authorized and allowed by this section, subject to applicable state and federal confidentiality laws.

(c) The State Court Administrator shall prescribe standards and procedures to implement the provisions of this subsection.

(d) Any person or entity granted access to juvenile court records or information under this subsection must preserve the confidentiality of that information as required under this section.

(12) A petition filed under ORS 419B.851 alleging that a child who is a foreign national is within the jurisdiction of the court, or a motion requesting an implementation plan other than return of a ward to the ward’s parent, is subject to disclosure to the consulate for the child or ward’s country as provided under ORS 419B.851 (3).

(13) Nothing in this section prohibits a guardian appointed under ORS 419B.365 or 419B.366 from disclosing or providing copies of letters of guardianship when so required to fulfill the duties of a guardian.

(14) The court shall cooperate in the sharing of information with a court in another state to facilitate an interstate placement of a child or ward.

(15) Nothing in this section prohibits the Chief Justice of the Supreme Court, the Chief Judge of the Court of Appeals or a presiding judge from permitting access to juvenile court records, including the record of the case and the supplemental confidential file in a juvenile court proceeding, or audio or video recordings of a juvenile court proceeding, by researchers or evaluators for the purposes of developing statistics and performing analyses or audits on the effectiveness, cost and other areas of public interest regarding juvenile court programs and activities in accordance with child welfare and juvenile justice state plans and programs related to Title IV-B and IV-E of the Social Security Act and to the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et seq). The Chief Justice shall, by rule or order, establish standards and guidelines for the release of juvenile court information for research and evaluation purposes to ensure confidentiality consistent with state and federal law and to promote consistent statewide application of this subsection. Statistics and analyses released by researchers and evaluators under this subsection may not contain any information that identifies any individual person involved in a juvenile court proceeding.

(16) Subject to subsection (11) of this section, the Oregon Public Defense Commission shall be permitted access to juvenile court records for the purposes of performing the office’s duties as set forth in ORS 151.219 to audit or investigate attorney appointment or representation of a party in a juvenile court proceeding in order to ensure adequate representation of parties in juvenile court proceedings consistent with the child welfare state plan related to Title IV-E of the Social Security Act.

(17) Subject to subsection (11) of this section, the Oregon State Bar shall be permitted access to juvenile court records maintained in the record of the case for the purpose of performing the bar’s duties as set forth in ORS 9.005 to 9.757 to investigate attorney representation of a party in a juvenile court proceeding and in order to ensure adequate representation of parties in juvenile court proceedings consistent with the child welfare state plan related to Title IV-E of the Social Security Act.

(18)(a) A child, ward, youth or adjudicated youth, or the parent or guardian of a child, ward, youth or adjudicated youth who is a party to the juvenile court proceeding, who is entitled to inspect or copy the record of the case under subsection (1)(b) and (c) of this section maintains the right to inspect or copy the record of the case after jurisdiction of the court over the child, ward, youth or adjudicated youth terminates and after the child, ward, youth or adjudicated youth has reached the age of majority.

(b) Notwithstanding ORS 419B.524, a parent of a child, ward, youth or adjudicated youth whose parental rights have been terminated maintains the right that existed under subsection (1)(b) and (c) of this section to inspect or copy the record of the case as the record of the case existed up until the time of entry of the judgment terminating the parent’s parental rights and may obtain a copy of the judgment terminating the parent’s parental rights.

(19) When inspection or copying of the record of the case or of the supplemental confidential file is allowed pursuant to this section, and unless otherwise required by law, the court that maintains the record of the case or the supplemental confidential file is not required to redact the names of, or information about, siblings or other persons contained in the record of the case or the supplemental confidential file.

(20) Nothing in this section prohibits the court, acting as a certifying agency or official as defined in ORS 147.620, from certifying a request under ORS 147.620 and including in the certification document any information obtained from the record of the case or the confidential supplemental file that is necessary to complete the certification.

(21) Nothing in this section prohibits a court from providing to the Department of State Police, pursuant to ORS 163A.030 (11), a copy of an order requiring a youth or adjudicated youth to report as a sex offender or a copy of a form that documents the youth’s or adjudicated youth’s obligation to report as a sex offender. [1993 c.33 §49; 1993 c.234 §3; 1993 c.546 §8; 1995 c.422 §68; 1997 c.724 §§3,4; 1999 c.59 §118; 1999 c.620 §8; 2001 c.904 §11; 2001 c.910 §1; 2003 c.143 §4; 2003 c.229 §9; 2003 c.396 §34a; 2007 c.611 §4; 2008 c.50 §9; 2013 c.417 §§3,11; 2013 c.439 §§7,8; 2014 c.71 §§2,3; 2015 c.293 §§1,2; 2016 c.95 §7; 2017 c.630 §7; 2019 c.430 §18; 2019 c.472 §4; 2021 c.489 §52; 2023 c.281 §61]

419A.256 When transcript of proceeding is part of record of case; access to transcript; disclosure. (1)(a) Once prepared and filed with the court, a transcript of a juvenile court proceeding is part of the record of the case maintained by the clerk of the court under ORS 419A.255 (1) and is subject to the provisions of ORS 419A.255 governing access and disclosure.

(b) Notwithstanding ORS 419A.255, if a transcript, audio recording or video recording has been prepared in any proceeding under ORS chapter 419C, the victim, child, ward, youth, adjudicated youth or young person or the parent or guardian of the child, ward, youth, adjudicated youth or young person may obtain a copy at no cost.

(2) If the court finds that the child, ward, youth, adjudicated youth or parent or guardian of the child, ward, youth or adjudicated youth is eligible for court-appointed counsel at state expense, the court shall order, upon motion, the transcript or part of the transcript to be furnished. The transcript or part of the transcript furnished under this subsection must be paid for in the same manner as furnished transcripts are paid for in criminal cases.

(3) The official audio, video or other recording of a juvenile court proceeding shall be withheld from public inspection but is open to inspection by the persons described in ORS 419A.255 (1)(b)(A) to (Q).

(4) With a finding of good cause and subject to any conditions the court finds appropriate, the court may provide a copy of the audio or video recording of a juvenile court proceeding to persons described in ORS 419A.255 (1)(b)(A), (I), (J) and (M) to (Q). [2005 c.451 §3; 2007 c.609 §9; 2013 c.417 §4; 2014 c.71 §§4,5; 2021 c.489 §53; 2021 c.597 §27a]

419A.257 Reports and materials privileged; permissible disclosures; use of materials in evidence. (1) Reports and other materials relating to a child, ward, youth or adjudicated youth’s history and prognosis that are created or maintained by or on behalf of the Oregon Youth Authority or the juvenile department are privileged and, except with the consent of the child, ward, youth or adjudicated youth or with the authorization of the court, shall be withheld from public inspection.

(2) The Oregon Youth Authority and the juvenile department may disclose and provide copies of reports and other materials relating to the child, ward, youth or adjudicated youth’s history and prognosis, if the disclosure is reasonably necessary to perform official duties relating to the involvement of the child, ward, youth or adjudicated youth with the juvenile court or the juvenile department, to the following:

(a) Each other;

(b) The court;

(d) School superintendents and their designees in cases under ORS 419C.005;

(e) Attorneys of record for the child, ward, youth or adjudicated youth;

(f) Attorneys representing a party in the case;

(g) The district attorney or assistant attorney general representing a party in the case;

(h) The Department of Human Services;

(i) The court appointed special advocate; and

(j) The Psychiatric Security Review Board.

(3)(a) The Oregon Youth Authority and county juvenile departments established under ORS 419A.010 to 419A.020 may disclose and provide copies of reports and other materials relating to the child, ward, youth or adjudicated youth’s history and prognosis to the Department of Corrections for the purpose of enabling the Department of Corrections to perform its official duties relating to the exercise of custody or supervision of a person committed to the legal and physical custody of the Department of Corrections.

(b) The Department of Corrections shall limit the use of reports and other materials disclosed and provided to the department under this section to reports and other materials that relate to the history and prognosis of a youth or adjudicated youth as these pertain to:

(A) A person who was transferred to the physical custody of the authority under ORS 137.124 and is subsequently transferred to the physical custody of the Department of Corrections under ORS 137.124 or 420.011 or any other statute; or

(B) A person committed to the legal and physical custody of the Department of Corrections while the person is under the jurisdiction of the juvenile court under ORS 419C.005, including but not limited to a person in the legal custody of the authority.

(4) A person that obtains copies of reports or other materials under this section is responsible for preserving the confidentiality of the reports or other materials. A service provider, school superintendent or superintendent’s designee who obtains copies of reports or other materials under this section shall destroy the copies upon the conclusion of involvement in the case.

(5)(a) Information appearing in reports or other materials relating to the child, ward, youth or adjudicated youth’s history or prognosis may not be disclosed directly or indirectly to any person not described in subsection (2) of this section unless the consent of the child, ward, youth or adjudicated youth or the authorization of the court has been obtained, except for purposes of evaluating the child, ward, youth or adjudicated youth’s eligibility for special education as provided in ORS chapter 343.

(b) Information appearing in reports or other materials may not be used in evidence in any proceeding to establish criminal or civil liability against the child, ward, youth or adjudicated youth, whether the proceeding occurs after the child, ward, youth or adjudicated youth has reached 18 years of age or otherwise, except for the following purposes:

(A) In connection with a presentence investigation after guilt has been admitted or established in a criminal court.

(B) In connection with a proceeding in another juvenile court concerning the child, ward, youth or adjudicated youth or an appeal from an order or judgment of the juvenile court.

(6)(a) Information contained in reports and other materials relating to a child, ward, youth or adjudicated youth’s history and prognosis that, in the professional judgment of the Oregon Youth Authority, juvenile department, juvenile counselor, caseworker, school superintendent or superintendent’s designee, teacher or detention worker to whom the information contained in the reports and 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 that is in danger from the child, ward, youth or adjudicated youth.

(b) An agency or a person that discloses information under paragraph (a) of this subsection has immunity from any liability, civil or criminal, that might otherwise be incurred or imposed for making the disclosure.

(7) 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. [2005 c.451 §4; 2013 c.417 §5; 2015 c.509 §§1,2; 2019 c.48 §1; 2021 c.489 §54]

419A.258 Motion to inspect or copy records. (1) Any person or entity not included in ORS 419A.255 as a person or entity entitled to inspection or copying of the record of the case or the supplemental confidential file may file a motion with the court to inspect or copy the record of the case or the supplemental confidential file. The person or entity filing the motion shall file a sworn affidavit or declaration under penalty of perjury that states all of the following:

(a) The reasons why the inspection or copying is sought;

(b) The relevancy, if any, of the inspection or copying to the juvenile court proceeding; and

(2)(a) No later than 14 days before the court considers the motion, the person or entity filing the motion shall serve all parties and attorneys of record to the juvenile court proceeding with a copy of the motion and affidavit or declaration. Except as provided in paragraph (b) of this subsection and regardless of whether the juvenile court proceeding was commenced under ORS chapter 419B or 419C, service under this subsection must be consistent with the provisions of ORS 419B.851 and 419B.854. The person or entity filing the motion shall also provide all parties and attorneys of record with written notice that the party has until 14 days after the date of service to file a response or objection to the motion or such other time as specified by the court under paragraph (c) of this subsection.

(b) If the affidavit or declaration of the person or entity filing the motion states that the person or entity does not know the identity or address of a party or attorney of record, the court shall mail notice of the time to respond or object to the party or attorney of record at the party’s or attorney of record’s last known address and shall note in the register the date the notice was mailed. The notice must be mailed at least 14 days before the court considers the motion or such other time as specified by the court under paragraph (c) of this subsection.

(c) On its own motion or upon application of the person or entity filing the motion, and for good cause shown, the court may reduce or extend the time for service of the motion and affidavit or declaration.

(3) The court may summarily deny the motion if the requirements of subsections (1) and (2) of this section have not been met.

(4) The court may set a hearing to consider the motion and shall send notice of the time and place of the hearing to all parties.

(5) Upon determination by the court that the person or entity filing the motion has met the requirements of subsections (1) and (2) of this section, the court shall conduct an in camera review, taking into consideration any response or objections made by a party.

(6) Following the in camera review under subsection (5) of this section, in making the determination of whether to allow inspection or copying of the record of the case or the supplemental confidential file, in whole or in part, the court shall weigh the following interests:

(a) The privacy interests and particular vulnerabilities of the child, ward, youth or adjudicated youth, or of family members, that may be affected by the inspection or copying of all or part of the record of the case or the supplemental confidential file;

(b) The interests of the other parties to, or victims in, the juvenile court proceeding;

(d) The interests of the public.

(7) In granting a motion made under this section, the court:

(a) Shall allow inspection or copying only as necessary to serve the legitimate need of the person or entity filing the motion, as determined by the court;

(b) May limit inspection or copying to particular parts of the record of the case or the supplemental confidential file;

(d) Shall make protective orders governing use of the materials that are inspected or copied. [2016 c.95 §9; 2021 c.489 §55]

(Expunction)

419A.260 Expunction; definitions. (1) As used in ORS 419A.260 to 419A.271:

(a) “Contact” means any instance in which a person’s act or behavior, or alleged act or behavior, which could result in a referral to a juvenile department or a juvenile court’s assumption of jurisdiction under ORS 419B.100 (1)(a) to (c) and (f) or 419C.005 comes to the attention of an agency specified in paragraph (d) of this subsection.

(b) “Expunction” means:

(A) The removal by destruction of a judgment or order related to a contact and all records and references associated with a subject person;

(B) The removal by sealing of a judgment or order related to a contact and all records and references associated with a subject person;

(C) The removal by redaction of a subject person’s name and all personal identifiers and all references to the subject person within a record; or

(D) If a record is kept by the Department of Human Services the department’s affixing to the front of the file containing the record a stamp or statement identifying the name of the individual, the date of expunction and instruction that no further reference may be made to the record that is subject to the expunction notice or order.

(d) “Record” includes a fingerprint or photograph file, report, exhibit or other material which contains information relating to a person’s contact with any law enforcement agency, juvenile court or juvenile department, the Psychiatric Security Review Board, the Department of Human Services, the Oregon Youth Authority or the Oregon Health Authority and is kept manually, through the use of electronic data processing equipment, or by any other means by a law enforcement or public investigative agency, a juvenile court or juvenile department or an agency of the State of Oregon. “Record” does not include:

(A) A transcript of a student’s Youth Corrections Education Program academic record;

(B) Material on file with a public agency which is necessary for obtaining federal financial participation regarding financial assistance or services on behalf of a person who has had a contact;

(C) Records kept or disseminated by the Department of Transportation, State Marine Board and State Fish and Wildlife Commission pursuant to juvenile or adult order or recommendation;

(D) Police and court records related to an order of waiver where the matter is still pending in the adult court or on appeal therefrom, or to any disposition as an adult pursuant to such order;

(E) Records related to a support obligation;

(F) Medical records other than those related to a finding of responsible except for insanity under ORS 419C.411;

(G) Records of a proposed or adjudicated termination of parental rights and adoptions;

(H) Any law enforcement record of a person who currently does not qualify for expunction or of current investigations or cases waived to the adult court;

(I) Records and case reports of the Oregon Supreme Court and the Oregon Court of Appeals;

(J) Any records in cases under ORS 419C.005 in which a juvenile court found a person to be within the jurisdiction of the court based upon the person’s commission of an act which if done by an adult would constitute one of the following offenses:

(i) Aggravated murder under ORS 163.095;

(ii) Murder in any degree under ORS 163.107 or 163.115;

(iii) Attempt, solicitation or conspiracy to commit murder in any degree or aggravated murder;

(iv) Manslaughter in the first degree under ORS 163.118;

(v) Manslaughter in the second degree under ORS 163.125;

(vi) Criminally negligent homicide under ORS 163.145;

(vii) Assault in the first degree under ORS 163.185;

(viii) Criminal mistreatment in the first degree under ORS 163.205;

(ix) Kidnapping in the first degree under ORS 163.235;

(x) Rape in the third degree under ORS 163.355;

(xi) Rape in the second degree under ORS 163.365;

(xii) Rape in the first degree under ORS 163.375;

(xiii) Sodomy in the third degree under ORS 163.385;

(xiv) Sodomy in the second degree under ORS 163.395;

(xv) Sodomy in the first degree under ORS 163.405;

(xvi) Unlawful sexual penetration in the second degree under ORS 163.408;

(xvii) Unlawful sexual penetration in the first degree under ORS 163.411;

(xviii) Sexual abuse in the third degree under ORS 163.415;

(xix) Sexual abuse in the second degree under ORS 163.425;

(xx) Sexual abuse in the first degree under ORS 163.427;

(xxi) Promoting prostitution under ORS 167.012;

(xxii) Compelling prostitution under ORS 167.017;

(xxiii) Aggravated driving while suspended or revoked under ORS 163.196;

(xxiv) Aggravated vehicular homicide under ORS 163.149; or

(xxv) An attempt to commit a crime listed in this subparagraph other than manslaughter in the second degree and criminally negligent homicide;

(K) Blood samples, buccal samples and other physical evidence and identification information obtained, stored or maintained by the Department of State Police under authority of ORS 137.076, 181A.155 or 419C.473;

(L) Records maintained in the Law Enforcement Data System under ORS 163A.035; or

(M) Records of a law enforcement agency or public investigative agency concerning an open or otherwise unresolved investigation.

(e) “Termination” means:

(A) For a person who is the subject of a record kept by a juvenile court or juvenile department, the final disposition of a case by informal means, by a decision not to place the person on probation or make the person a ward of the court after the person has been found to be within the court’s jurisdiction or by a discontinuance of probation, of the court’s wardship or of the jurisdiction of the Psychiatric Security Review Board, the Oregon Health Authority or the Department of Human Services.

(B) For a person who is the subject of a record kept by a law enforcement or public investigative agency, a juvenile court or juvenile department or an agency of the State of Oregon, the final disposition of the person’s most recent contact with a law enforcement agency.

(2) The juvenile court or juvenile department shall make reasonable effort to provide written notice to a child who is within the court’s jurisdiction under ORS 419B.100 (1)(a) to (c) and (f) or to a youth who is within the court’s jurisdiction under ORS 419C.005, and to the child’s or youth’s parent, of the procedures for expunction of a record, the right to and procedure to access counsel under this chapter, the legal effect of an expunction order and the procedures for seeking relief from the duty to report as a sex offender provided under ORS 163A.130, at the following times:

(a) At any dispositional hearing or at the time of entering into a formal accountability agreement;

(b) At the time of termination;

(c) Upon notice to the subject of an expunction pending pursuant to application of a juvenile department or motion on a juvenile court; and

(d) At the time of notice of execution of an expunction order. [1993 c.33 §50; 1993 c.546 §93; 1993 c.602 §2; 1995 c.422 §69; 1999 c.97 §4; 1999 c.111 §1; 1999 c.626 §17; amendments by 1999 c.626 §40 repealed by 2001 c.884 §1; 2001 c.884 §§3b,3d; 2007 c.867 §8; 2009 c.783 §7; 2013 c.708 §27; 2015 c.320 §2; 2019 c.635 §22; 2021 c.585 §5]

419A.261 Application for expunction of records relating to contact, violations and certain misdemeanors; eligibility; denial; judgment. (1) An expunction proceeding under this section shall be commenced in the county where the subject person resided at the time of the most recent contact.

(2)(a) A juvenile department shall file with the juvenile court an application for expunction of the records of a person the juvenile department determines meets the criteria under paragraph (b) of this subsection within 90 days following the later of:

(A) The date that the person attains 18 years of age; or

(B) If the subject person was 18 years of age or older on January 2, 2022, the date that the juvenile department receives a request to file the application for expunction from the subject person.

(b) Upon application of either a person who is the subject of a record or a juvenile department, the juvenile court shall issue a judgment granting expunction, without a hearing, if:

(A) The subject person had contact with the juvenile department;

(B) The subject person has never been found to be within the jurisdiction of the juvenile court under ORS 419C.005;

(C) There is no petition pending alleging that the subject person is subject to the juvenile court’s jurisdiction under ORS 419C.005;

(D) The subject person has not been waived to criminal court pursuant to a hearing under ORS 419C.349 or 419C.352;

(E) The subject person does not have an open referral for a case by informal means; and

(F) The subject person has not had contact with the juvenile department resulting in a conviction under ORS 137.707.

(3)(a) A juvenile department shall file with the juvenile court an application for expunction of the records of a person the juvenile department determines meets the criteria under paragraph (b) of this subsection within 90 days following the later of:

(A) The date that the person attains 18 years of age;

(B) The date of the person’s termination if the person was within the jurisdiction of the juvenile court under ORS 419C.005 on their 18th birthday; or

(C) If the subject person was 18 years of age or older on the operative date of this section, the date the juvenile department receives a request to file the application for expunction from the subject person.

(b) Upon application of either a person who is the subject of a record or a juvenile department, the juvenile court shall issue a judgment granting expunction, without a hearing, if:

(A) The subject person had contact with the juvenile department that resulted in the subject person being found to be within the jurisdiction of the juvenile court under ORS 419C.005 for acts that, if committed by an adult, would constitute one or more violations or misdemeanors;

(B) The subject person has not been found to be within the jurisdiction of the juvenile court under ORS 419C.005 for an act that, if committed by an adult, would constitute a felony;

(C) There is no petition pending alleging that the subject person is subject to the juvenile court’s jurisdiction under ORS 419C.005;

(D) The subject person does not owe restitution;

(E) The subject person has not had contact with the juvenile department resulting in a conviction under ORS 137.707; and

(F) The subject person has not been waived to criminal court pursuant to a hearing under ORS 419C.349 or 419C.352.

(4) If the juvenile court denies the application for expunction under this section:

(a) The court must specify in the judgment denying the application for expunction the reason for the denial;

(b) The juvenile department or the subject person may file a new application for expunction under this subsection; and

(c) If the juvenile department submitted the application that was denied, the juvenile department shall make reasonable efforts to send to the subject person the following:

(A) Notice of the court’s decision and a copy of the judgment denying the application for expunction; and

(B) Notice of the person’s right to an attorney, right to file a new application for expunction under this subsection and right to request expunction under ORS 419A.262.

(5)(a) When an expunction proceeding under this section is commenced by application of the person whose records are to be expunged, the person shall set forth as part of the application the names of the juvenile courts, juvenile departments, institutions and law enforcement and other agencies that the person has reason to believe possess an expungible record of the person. The juvenile department shall provide the names and addresses of the juvenile courts, juvenile departments, institutions and law enforcement and other agencies that a reasonable search of department files indicates have expungible records.

(b) When an expunction proceeding under this section is commenced by application of the juvenile department, the application shall set forth the names and addresses of the juvenile courts, juvenile departments, institutions and law enforcement and other agencies that a reasonable search of department files indicates have expungible records and those provided by the subject person.

(6)(a) The juvenile court or juvenile department shall send a copy of an expunction judgment entered under this section to each agency subject to the judgment. Attached to the expunction judgment must be information, to remain confidential, regarding the record to be expunged and the date of the record.

(b) Upon receipt of a copy of the judgment, the agency shall comply and, within 60 days following the date of receipt, return the copy to the juvenile court or the juvenile department with an indorsement indicating compliance.

(c) The juvenile department may, upon an agency’s written request, provide the agency with an extension of time to comply with paragraph (b) of this subsection. The duration of the extension may not exceed the later of 30 days or, if an audit or grievance under the Interstate Compact for Juveniles relating to the subject person’s records is pending, the date the audit or grievance is concluded. If the juvenile department grants an extension under this paragraph, the juvenile department shall notify the juvenile court of the extension.

(7) When all agencies subject to an expunction judgment have indicated their compliance or in any event no later than the later of 90 days following the date the judgment was delivered as required by subsection (6) of this section or, if the juvenile department granted an extension of time under subsection (6)(c) of this section, 90 days following the expiration of the extension of time, the juvenile court shall provide the person who is the subject of the record with a copy of the expunction judgment, a list of complying and noncomplying agencies, and a written notice of rights and effects of expunction. The juvenile court and juvenile department then shall expunge forthwith all records which they possess and which are subject to the judgment, except the original expunction judgment and the list of complying and noncomplying agencies which must be preserved under seal.

(8) In addition to those agencies identified in ORS 419A.260 (1)(d), the juvenile, circuit, municipal and justice courts, and the district and city attorneys of this state, are bound by an expunction judgment of any juvenile court of appropriate jurisdiction in this state issuing an expunction judgment. [2023 c.182 §2]

419A.262 Application for expunction of records relating to certain misdemeanors, prostitution and certain sex crimes; eligibility; denial; judgment; notice to victim. (1) An expunction proceeding under this section shall be commenced in the county where the subject person resided at the time of the most recent termination.

(2) Except as provided in ORS 419A.261, upon application of either a person who is the subject of a record or a juvenile department, or upon its own motion, the juvenile court shall order expunction if, after a hearing when the matter is contested, it finds that:

(a) At least four years have elapsed since the date of the person’s most recent termination and the person has attained 18 years of age;

(b) Since the date of the most recent termination, the person has not been convicted of a felony or a Class A misdemeanor;

(d) The person is not within the jurisdiction of any juvenile court on the basis of a petition alleging an act or behavior as defined in ORS 419B.100 (1)(a) to (c) and (f) or 419C.005;

(e) The juvenile department is not aware of any pending investigation of the conduct of the person by any law enforcement agency; and

(f) The person does not owe restitution.

(3)(a) Notwithstanding subsection (2) of this section, upon application of a person who is the subject of a record kept by a juvenile court or juvenile department, upon application of the juvenile department, or upon its own motion, the juvenile court, after a hearing when the matter is contested under subsection (13) of this section, shall order expunction if it finds that:

(A) The application requests expunction of only that part of the person’s record that involves a charge, allegation or adjudication based on conduct that if done by an adult would constitute the crime of prostitution under ORS 167.007; and

(B) The person was under 18 years of age at the time of the conduct.

(b) Except as provided in subsections (13) and (14) of this section, there is no waiting period required before the juvenile court orders expunction under this subsection.

(4) In the case of an application by the juvenile department or of the court acting upon its own motion, expunction may not be ordered under subsection (2) or (3) of this section if actual notice of expunction has not been given to the person in accordance with subsection (12) of this section unless the person has reached 21 years of age.

(5) When a person who is the subject of a record kept by a juvenile court or juvenile department reaches 18 years of age, the juvenile court, after a hearing when the matter is contested, shall order expunction if:

(a) The person never has been found to be within the jurisdiction of the court; or

(b) The conditions of subsection (2) or (3) of this section have been met.

(6) Expunction may not be ordered under this section if actual notice of expunction has not been given to the person in accordance with subsection (12) of this section unless the person has reached 21 years of age.

(7) Subsections (5) and (6) of this section apply only to cases resulting in termination after September 13, 1975.

(8) Notwithstanding subsections (2), (3) and (5) to (7) of this section, upon application of a person who is the subject of a record kept by a juvenile court or juvenile department, upon application of the juvenile department, or upon its own motion, the juvenile court, after a hearing when the matter is contested, may order expunction of all or any part of the person’s record if it finds that to do so would be in the best interests of the person and the public. In the case of an application by the juvenile department or of the court acting upon its own motion, expunction may not be ordered if actual notice of expunction has not been given to the person in accordance with subsection (12) of this section unless the person has reached 21 years of age.

(9) Notwithstanding ORS 419A.260 (1)(d)(J), a person who has been found to be within the jurisdiction of the juvenile court based on an act that if committed by an adult would constitute:

(a) Rape in the third degree under ORS 163.355, sodomy in the third degree under ORS 163.385 or sexual abuse in the third degree under ORS 163.415, or an attempt to commit those crimes, may apply for an order of expunction under this section. The court shall order expunction of the records in the case if, after a hearing when the matter is contested, the court finds that the person:

(A) Meets the requirements of subsection (2) of this section;

(B) Is not required to report as a sex offender; and

(C) Has not been convicted of, found guilty except for insanity of or found to be within the jurisdiction of the juvenile court based on a crime listed in ORS 419A.260 (1)(d)(J), other than the adjudication that is the subject of the motion.

(b) A sex crime that is a Class C felony may apply for an order of expunction under this section. The court shall order expunction of the records in the case if, after a hearing when the matter is contested, the court finds that:

(A) The person meets the requirements of subsection (2) of this section;

(B) The person was under 16 years of age at the time of the offense;

(i) Less than two years and 180 days older than the victim; or

(ii) At least two years and 180 days older, but less than three years and 180 days older, than the victim and the expunction is in the interests of justice and of benefit to the person and the community;

(D) The victim’s lack of consent was due solely to incapacity to consent by reason of being less than a specified age;

(E) The victim was at least 12 years of age at the time of the offense;

(F) Each finding described in this paragraph involved the same victim; and

(G) The person has not been convicted of, found guilty except for insanity of or found to be within the jurisdiction of the juvenile court based on a crime listed in ORS 419A.260 (1)(d)(J) or an offense the court is prohibited from setting aside under ORS 137.225, other than the adjudication that is the subject of the motion.

(10) When an expunction proceeding under this section is commenced by application of the person whose records are to be expunged, the person shall set forth as part of the application the names of the juvenile courts, juvenile departments, institutions and law enforcement and other agencies that the person has reason to believe possess an expungible record of the person. The juvenile department shall provide the names and addresses of the juvenile courts, juvenile departments, institutions and law enforcement and other agencies that a reasonable search of department files indicates have expungible records.

(11) When an expunction proceeding is commenced by application of the juvenile department or upon the court’s own motion, the application or motion shall set forth the names and addresses of the juvenile courts, juvenile departments, institutions and law enforcement and other agencies that a reasonable search of department files indicates have expungible records and those provided by the subject person.

(12)(a) Notice and a copy of an application for expunction under this section shall be given to:

(A) The district attorney of the county in which the expunction proceeding is commenced and the district attorney of each county in which the record sought to be expunged is kept; and

(B) The person who is the subject of the record if the person has not initiated the expunction proceeding.

(b) A district attorney who receives notice under this subsection shall notify the victim of the acts that resulted in the disposition that is the subject of the application for expunction and shall mail a copy of the application for expunction to the victim’s last known address.

(13)(a) Within 30 days of receiving the notice of application for expunction under subsection (12) of this section, a district attorney shall give written notice of any objection and the grounds therefor to the person whose records are to be expunged and to the juvenile court.

(b) Except as provided in subsection (14)(c) of this section, if no objection is filed the court may decide the issue of expunction either without a hearing or after full hearing under subsections (14) to (17) of this section.

(14) When an expunction is pending under this section, the court may proceed with or without a hearing, except that:

(a) The court may not enter an expunction judgment without a hearing if a timely objection to expunction has been filed under subsection (13) of this section;

(b) The court may not deny an expunction without a hearing if the proceeding is based on an application of the subject; and

(A) No objection is filed under subsection (13) of this section;

(B) The application requests expunction of only that part of the person’s record that involves a charge, allegation or adjudication based on conduct that if done by an adult would constitute the crime of prostitution under ORS 167.007; and

(15)(a) Notice of a hearing on a pending expunction shall be served on the subject and any district attorney filing a timely objection under subsection (13) of this section.

(b) When a district attorney receives notice of a hearing for expunction of a record concerning a youth or adjudicated youth proceeding under ORS chapter 419C, if the victim of the acts that resulted in the disposition that is the subject of the application for expunction requests, the district attorney shall mail notice of the hearing to the victim’s last-known address.

(16) The court shall conduct a hearing on an expunction pending under this section in accord with the provisions of ORS 419B.205, 419B.208, 419B.310, 419B.812 to 419B.839 and 419B.908. Rules of evidence shall be as in a hearing to establish juvenile court jurisdiction and as defined in ORS 419B.310 (3) and 419C.400 (2). The burden of proof shall be with the party contesting expunction.

(17)(a) At the conclusion of a hearing on an expunction pending under this section, the court shall issue judgment granting or denying expunction.

(b) The court’s denial of an application for expunction under subsections (2) to (9) of this section does not preclude the subject person from filing an application for expunction under any other applicable subsection of this section.

(18)(a) The juvenile court or juvenile department shall send a copy of an expunction judgment to each agency subject to the judgment. Attached to the expunction judgment must be information, to remain confidential, regarding the record to be expunged and the date of the record.

(b) Upon receipt of a copy of the judgment granting an application for expunction under this section, the agency shall comply and, within 60 days of the date of receipt, return the copy to the juvenile court or juvenile department with an indorsement indicating compliance.

(19) When all agencies subject to an expunction judgment have indicated their compliance or in any event no later than the later of 90 days following the date the judgment was delivered as required by subsection (18) of this section or, if the juvenile department granted an extension of time under subsection (18)(c) of this section, 90 days following the expiration of the extension of time, the juvenile court shall provide the person who is the subject of the record with a copy of the expunction judgment, a list of complying and noncomplying agencies, and a written notice of rights and effects of expunction. The juvenile court and juvenile department then shall expunge forthwith all records which they possess and which are subject to the judgment, except the original expunction judgment and the list of complying and noncomplying agencies which must be preserved under seal.

(20) In addition to those agencies identified in ORS 419A.260 (1)(d), the juvenile, circuit, municipal and justice courts, and the district and city attorneys of this state, are bound by an expunction judgment of any juvenile court of appropriate jurisdiction in this state issuing an expunction judgment. [1993 c.33 §51; 1993 c.546 §9; 1997 c.249 §132; 1999 c.111 §2; 2001 c.480 §7; 2001 c.622 §45; 2007 c.609 §10; 2012 c.23 §1; 2013 c.390 §2; 2015 c.820 §33; 2021 c.489 §56; 2021 c.585 §6; 2023 c.182 §4]

419A.265 Eligibility for order of expunction for certain adjudications involving marijuana. Notwithstanding ORS 419A.262 (2)(a), a person is eligible for an order of expunction under ORS 419A.262 if the person was adjudicated for committing an act that, if committed by an adult, would constitute a criminal offense in which possession, delivery or manufacture of marijuana or a marijuana item as defined in ORS 475C.009 is an element and:

(1) The court finds that at least one year has elapsed since the date of the person’s most recent termination;

(2) The applicant has not been adjudicated or convicted for any other act or offense, excluding motor vehicle violations; and

(3) The applicant has complied with and performed all conditions of the adjudication. [2015 c.844 §2; 2017 c.21 §104; 2021 c.585 §8; 2023 c.182 §5]

Note: 419A.265 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 419A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

419A.266 Expunction forms. (1) Applications for expunction under ORS 419A.261 and 419A.262 shall be available from the clerk of the court in a form prescribed by the State Court Administrator. The application must include a declaration under penalty of perjury as described in ORCP 1 E.

(2) The State Court Administrator shall prescribe the content and form of expunction judgments under ORS 419A.261 and 419A.262. The judgment forms must include a place for the court to specify the method of expunction under ORS 419A.260 (1)(b) that applies to a given record.

(3) The Oregon Youth Authority, in consultation with county juvenile departments and the State Court Administrator, shall develop statewide model forms for juvenile departments to use in carrying out the duties of a juvenile department under ORS 419A.261 and 419A.267. [2023 c.182 §3]

419A.267 Notice of expunction. (1) A juvenile department in the county where the subject person resided at the time of the most recent contact shall issue a notice of expunction of a subject person’s records if the subject person:

(a) Has had contact with the juvenile department;

(b) Has never been the subject of a petition alleging that the subject person is subject to the juvenile court’s jurisdiction under ORS 419C.005;

(d) Does not have an open referral for a case by informal means; and

(e) Has not had contact with the juvenile department resulting in a conviction under ORS 137.707.

(2) The juvenile department shall issue the notice described in subsection (1) of this section within 90 days following the later of:

(a) The date the subject person attains 18 years of age; or

(b) If the subject person was 18 years of age or older on January 2, 2022, the date the juvenile department receives a request for expunction from the subject person.

(3) The juvenile department shall send the notice described in subsection (1) of this section to each agency that the juvenile department determines, after a reasonable search of the juvenile department’s files, may be in possession of records relating to the subject person. The notice must notify the recipient agency that the agency has 60 days from the date of receipt to expunge the subject person’s records.

(4)(a) Upon receipt of a notice of expunction, an agency shall comply and, within 60 days of the date of receipt, return a copy of the notice to the juvenile department with an indorsement indicating compliance.

(b) The juvenile department may, upon an agency’s written request, provide the agency with an extension of time to comply with paragraph (a) of this subsection. The duration of the extension may not exceed the later of 30 days or, if an audit or grievance under the Interstate Compact for Juveniles relating to the subject person’s records is pending, the date the audit or grievance is concluded.

(c) If an agency fails to comply with the requirements of paragraph (a) of this subsection, the juvenile department shall petition the juvenile court in the county in which the juvenile department is located for an order compelling the agency to comply.

(5) When all agencies subject to the notice of expunction have indicated their compliance or in any event no later than the later of 90 days following the date the notice was delivered as required by subsection (3) of this section or, if the juvenile department granted an extension of time under subsection (4) of this section, 90 days following the expiration of the extension of time, the juvenile department shall provide the subject person with a copy of the notice of expunction, a list of complying and noncomplying agencies, and a written notice of rights and effects of expunction. The juvenile department then shall expunge forthwith all records in its possession that are subject to the notice of expunction, except the juvenile department shall retain a record of the expunction processes under this section and keep the record confidential. [2021 c.585 §2; 2023 c.182 §6]

419A.269 Effect of expunction; confidentiality violations; penalties. (1) Upon issuance of a notice of expunction under ORS 419A.267 or entry of an expunction judgment under ORS 419A.261 or 419A.262, the contact that is the subject of the expunged record may not be disclosed by any agency. An agency that is subject to a notice of expunction or an expunction judgment shall respond to any inquiry about the contact by indicating that no record or reference concerning the contact exists.

(2) A person who is the subject of a record that has been expunged under ORS 419A.261, 419A.262 or 419A.267 may assert that the record never existed and that the contact that was the subject of the record never occurred without incurring a penalty for perjury or false swearing under the laws of this state.

(3)(a) The juvenile department may destroy any records in the juvenile department’s possession relating to the subject person’s contact under ORS 419B.100 if the records are duplicate copies of records maintained by the Department of Human Services. The destruction of records related to the subject person’s contact under ORS 419B.100 pursuant to this paragraph does not constitute expunction.

(b) The juvenile department may destroy any records in the juvenile department’s possession relating to the subject person’s record of a motor vehicle, boating or game violation waived to the criminal or municipal court pursuant to ORS 419C.370. The destruction of records related to the subject person’s record of a motor vehicle, boating or game violation pursuant to this paragraph does not constitute expunction.

(4) Juvenile courts, by court rule or by order related to a particular matter, may direct that records concerning a subject person be destroyed. No records may be destroyed until at least three years have elapsed after the date of the subject’s most recent termination. In the event the record has been expunged, the expunction judgment and list of complying and noncomplying agencies may not be destroyed, but shall be preserved under seal. The destruction of records under this subsection does not constitute expunction.

(5) A notice of expunction or an expunction judgment and the list of complying and noncomplying agencies shall be disclosed only on order of the court that would have had jurisdiction to compel compliance with the notice of expunction or that originated the expunction judgment, based on a finding that review of a particular case furthers compliance with the expunction provisions of ORS 419A.260 to 419A.271.

(6) A person who, in the person’s official capacity with a juvenile department, sends a notice of expunction for an ineligible individual or fails to send a notice of expunction for an eligible individual under ORS 419A.267 has immunity from any liability, civil or criminal, that might otherwise be incurred or imposed for making the disclosure or failing to make the disclosure, except when the person who sends the notice has knowledge that the individual is ineligible or when the person who fails to send the notice has knowledge that the individual is eligible.

(7) A person subject to a notice of expunction or expunction judgment has a right of action against any person who intentionally violates the confidentiality provisions of this section. In the proceeding, punitive damages up to an amount of $1,000 may be sought in addition to any actual damages. The prevailing party shall be entitled to costs and reasonable attorney fees.

(8) Intentional violation of the confidentiality provisions of this section by a public employee is cause for dismissal.

(9) A person who releases all or part of an expunged record commits a Class A violation. [2021 c.585 §3; 2023 c.182 §7]

419A.271 Appointment of counsel. (1) If a person who is the subject of a record for which expunction under ORS 419A.261 has been denied or that is eligible for expunction under ORS 419A.262 wishes to apply for expunction and if the person is without funds to employ suitable counsel possessing skills and experience commensurate with the nature and complexity of the expunction process, the person may request the juvenile court having jurisdiction over the expunction process under ORS 419A.262 (1) to appoint counsel to represent the person in the expunction proceeding.

(2) The juvenile court shall inform a person requesting court-appointed counsel under this section of the person’s right to be represented by suitable counsel possessing skills and experience commensurate with the nature and complexity of the expunction process, to consult with counsel prior to the filing of an application for expunction under ORS 419A.262 and prior to a hearing on the matter and to have suitable counsel appointed at state expense. Upon request of the person, the juvenile court shall appoint counsel in accordance with the provisions of ORS 419B.195 and 419B.198 to aid the person in the expunction proceeding, including in the completion of an application for expunction and representation in any hearings on the application for expunction.

(3) When the juvenile court appoints counsel for a person under this section and the person is determined to be entitled to appointment of counsel at state expense, the compensation for counsel and reasonable fees and expenses of investigation, preparation and presentation paid or incurred shall be determined and paid as provided in ORS 135.055. [2021 c.585 §4; 2023 c.182 §8]

JUVENILE JUSTICE POLICY COMMISSION

419A.289 Juvenile Justice Policy Commission; membership. (1) The Juvenile Justice Policy Commission is established within the Oregon Criminal Justice Commission to provide data-driven policy recommendations to strengthen public safety and improve youth outcomes in the juvenile justice system of this state.

(2) The Juvenile Justice Policy Commission consists of 17 members who are appointed as follows:

(a) The Governor shall appoint, subject to confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565:

(A) One representative of the Oregon Youth Authority;

(B) One representative of the Department of Human Services;

(D) Two directors of county juvenile departments;

(E) One representative of the office of public defense services with experience in juvenile delinquency, or that person’s designee;

(F) One representative of the Oregon District Attorneys Association with experience prosecuting juvenile delinquency, or that person’s designee;

(G) One representative of a youth advocacy organization;

(H) One representative of a victim advocacy organization;

(I) One person who is a member of a federally recognized Indian tribe in this state, or that person’s designee; and

(J) Two members of the public, one member having experience with the juvenile justice system as a youth and one member having experience as the family member of a youth in the juvenile justice system.

(b) The President of the Senate shall appoint two members of the Senate, each member being of a different political party, who shall be nonvoting members serving ex officio.

(c) The Speaker of the House of Representatives shall appoint two members of the House of Representatives, each member being of a different political party, who shall be nonvoting members serving ex officio.

(d) The Chief Justice of the Supreme Court shall appoint one representative of the Judicial Department.

(3) Members who are appointed to the Juvenile Justice Policy Commission shall be appointed with consideration to geographical, racial, ethnic and gender diversity.

(4) The term of office of each member of the Juvenile Justice Policy Commission other than a legislative member is four years. The term of office for a legislator who is appointed ex officio under subsection (2) of this section is four years or the end of the legislator’s term, whichever comes first. Before the expiration of the term of a member, the appointing authority shall appoint a successor whose term begins immediately upon the expiration of the term of the current member. A member is eligible for reappointment, but may serve no more than two consecutive terms. If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective for the unexpired term, which shall not count toward the limitation of two consecutive terms under this subsection.

(5) A voting member of the Juvenile Justice Policy Commission who is not an employee of the state is entitled to compensation and expenses as provided in ORS 292.495. A voting member of the commission who is an employee of the state, other than a legislator member, is not entitled to compensation, but may be reimbursed from funds available to the commission for actual and necessary travel and other expenses incurred by the member in the performance of the member’s official duties in the manner and amount provided in ORS 292.495. Claims for compensation and expenses incurred in performing the functions of the commission shall be paid out of funds appropriated to the commission for that purpose.

(6) A legislative member of the Juvenile Justice Policy Commission is entitled to payment of compensation and expenses under ORS 171.072 from funds appropriated to the Legislative Assembly. [2023 c.406 §1]

Note: 419A.289, 419A.291 and 419A.292 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 419A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Note: Section 2, chapter 406, Oregon Laws 2023, provides:

Sec 2. Notwithstanding the term of office specified by section 1 of this 2023 Act [419A.289], of the voting members first appointed to the Juvenile Justice Policy Commission:

(1) Three shall serve for a term ending January 1, 2025.

(2) Five shall serve for a term ending January 1, 2026.

(3) Five shall serve for a term ending January 1, 2027. [2023 c.406 §2]

419A.290 [1993 c.33 §52; 1993 c.546 §114; repealed by 1995 c.422 §138]

419A.291 Officers; quorum; meetings. (1) The Governor shall select one of the voting members of the Juvenile Justice Policy Commission as a chairperson who shall serve at the pleasure of the Governor. The term of the chairperson is one year. A person may be reappointed as chairperson for no more than two consecutive years.

(2) The members of the commission shall select one of the voting members as a vice chairperson.

(3) A majority of the members of the commission constitutes a quorum for the transaction of business.

(4) The commission shall meet at least four times per year at a time and place determined by the commission. The commission also may meet at other times and places specified by the call of the chairperson or of a majority of the members of the commission.

(5) The Oregon Criminal Justice Commission shall provide staff support to the Juvenile Justice Policy Commission. [2023 c.406 §3]

Note: See first note under 419A.289.

419A.292 Duties; report. (1) The Juvenile Justice Policy Commission shall analyze the juvenile justice system at the state and local levels and across branches of government in this state to provide recommendations for improvements in law, policy, practice and appropriation to improve public safety, youth outcomes and system disparities. In conducting its analysis the commission shall oversee data-driven and qualitative analysis to examine:

(a) Key drivers of system involvement and opportunities for improved diversion and restorative justice;

(b) Drivers of detention and residential placement and any available or needed alternatives to detention and residential placement;

(d) Service delivery for youth under system supervision, including the provision of behavioral health, education, workforce development and other needed services, with evaluation of whether program and support resources are used efficiently and whether collaboration is efficient across service systems;

(e) Racial, ethnic and other forms of disparities among youth impacted by the juvenile justice system;

(f) Efficiency and effectiveness of state and county quality assurance, data collection and reporting and oversight systems;

(g) Opportunities for better alignment with constitutional mandates, local and national best practices and research;

(h) Public safety within the context of personal responsibility, accountability and reformation; and

(i) Victim rights.

(2) Using the analysis described in subsection (1) of this section, the Juvenile Justice Policy Commission may:

(a) Recommend legislation, appropriations and administrative policies and practices for statewide adoption;

(b) Assess the impact of current legislation involving juvenile justice and related initiatives;

(c) Develop data-driven best practices, guidance, training and materials for state agencies, juvenile courts, county juvenile departments and practitioners; and

(d) Oversee state and private funding for pilot projects, system innovations and other initiatives through competitive selection processes.

(3) The Juvenile Justice Policy Commission shall provide a report to the Legislative Assembly, in the manner provided in ORS 192.245, by September 1st of every even-numbered year.

(4) All agencies of state government, as defined in ORS 174.111, are directed to assist the Juvenile Justice Policy Commission in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the commission consider necessary to perform their duties. [2023 c.406 §4]

Note: See first note under 419A.289.

Note: Section 5, chapter 406, Oregon Laws 2023, provides:

Sec. 5. The report described in section 4 (3) of this 2023 Act [419A.292 (3)] is first due September 1, 2024, and September 1 of every even-numbered year thereafter. [2023 c.406 §5]

419A.295 [Formerly 419.494; repealed by 1995 c.79 §215]

MISCELLANEOUS

419A.300 Reports to school districts concerning young persons on conditional release. (1)(a) Once each month, the Department of Human Services shall provide to each school district a list of all young persons enrolled in a school in the school district who are on conditional release. The department shall include in the list the name and business telephone number of the caseworker assigned to each case.

(b) When a young person who is on conditional release transfers from one school district to a different school district, the caseworker assigned to the case shall notify the superintendent of the school district to which the young person has transferred of the young person’s status. The caseworker shall make the notification no later than 72 hours after the caseworker knows of the transfer.

(2) Upon request by the superintendent of the school district in which a young person is enrolled or the superintendent’s designee, the department shall provide additional information, including the offense that brought the young person within the jurisdiction of the juvenile court and such other information that is subject to disclosure under ORS 419A.255 (6).

(3) In addition to the general notification required by subsection (1) of this section, the department shall notify the superintendent or the superintendent’s designee of the specific offense and whether the act involved a firearm, delivery of a marijuana item as defined in ORS 475C.009 or delivery of a controlled substance.

(4) ORS 419A.015 (4) and (5) apply to persons sending or receiving records under this section. [2005 c.843 §29; 2008 c.50 §10; 2013 c.417 §9; 2017 c.21 §53]

419A.305 Notice to school administrators concerning students subject to juvenile court petitions. (1) As used in this section:

(a) “Principal” means a person having general administrative control and supervision of a school.

(b) “School administrator” means:

(A) The superintendent of the school district in which a youth attends school, or the designee of the superintendent, if the youth attends a public school that is not a public charter school;

(B) The principal of a public charter school, if the youth attends a public charter school;

(C) The principal of a private school that provides education to one or more instructional levels from kindergarten through grade 12 or equivalent instructional levels, if the youth attends a private school;

(D) The superintendent of the school district in which the youth resides, or the designee of the superintendent, if the school that the youth attends is not known by the person giving notice;

(E) The director of the Oregon School for the Deaf; or

(F) The Superintendent of Public Instruction if the youth is in an educational program under the Youth Corrections Education Program or in an approved recovery school.

(2) Notice shall be given to a school administrator when:

(a) A youth makes a first appearance before the juvenile court on a petition described in subsection (7) of this section alleging that the youth is within the jurisdiction of the juvenile court under ORS 419C.005.

(b) A youth admits to being within the jurisdiction of the juvenile court as provided in ORS 419C.005 on a petition described in subsection (7) of this section or is adjudicated by a juvenile court to be within its jurisdiction on a petition described in subsection (7) of this section.

(d) Notice had been given as provided by paragraph (a) or (b) of this subsection and the juvenile court:

(A) Sets aside or dismisses the petition as provided in ORS 419C.261; or

(B) Determines that the youth is not within the jurisdiction of the juvenile court after a hearing on the merits of the petition.

(3) A notice required by subsection (2) of this section shall be given by:

(a) The district attorney;

(b) In the case of a petition filed under ORS 419C.250, the person who filed the petition;

(c) In the case of a person prosecuting a case who is not the district attorney, the person who is prosecuting the case; or

(d) In the case of a juvenile department that has agreed to be responsible for providing the notices required under this section, the juvenile department.

(4) A notice required under subsection (2) of this section may be communicated by mail or other means of delivery, including but not limited to electronic transmission. A notice must include:

(a) The name and date of birth of the youth;

(b) The names and addresses of the youth’s parents or guardians;

(d) The act alleged in the petition that, if committed by an adult, would constitute a crime;

(e) The name and contact information of the attorney for the youth, if known;

(f) The name and contact information of the individual to contact for further information about the notice;

(g) If applicable, the portion of the juvenile court order providing for the legal disposition of the youth;

(h) Any conditions of release or terms of probation; and

(i) Any other conditions required by the court.

(5) In addition to the information required by subsection (4) of this section:

(a) A notice required by subsection (2)(a) of this section shall contain substantially the following statement: “This notice is to inform you that a student who attends your school may come under the jurisdiction of the juvenile court as the result of a petition filed with the juvenile court. The student has not yet been determined to be within the jurisdiction of the juvenile court nor to have committed any violations of law. The allegation pending before the juvenile court must not be discussed with the student.”

(b) A notice required by subsection (2)(b) of this section shall contain substantially the following statement: “This notice is to inform you that a student who attends your school has come under the jurisdiction of the juvenile court as the result of a petition filed with the juvenile court. There may be pending juvenile court hearings or proceedings, and a disposition order may not yet have been entered by the court. The allegation pending before the juvenile court must not be discussed with the student.”

(c) A notice required by subsection (2)(c) of this section shall contain substantially the following statement: “This notice is to inform you that a disposition order has been entered in a case involving a student who attends your school about whom a previous notice was sent. The disposition order finds the student to be responsible except for insanity under ORS 419C.411 for the act alleged in the petition filed with the juvenile court. The case should not be discussed with the student.”

(d) A notice required by subsection (2)(d) of this section shall contain substantially the following statement: “This notice is to inform you that a petition involving a student who attends your school about whom a previous notice was sent has been set aside or dismissed or the juvenile court has determined the student is not within its jurisdiction. The notice and any documents or information related to the notice in the student’s education records should be removed and destroyed upon receipt of this notice. The case should not be discussed with the student.”

(6) A notice required under subsection (2) of this section must be given within 15 days after:

(a) The youth makes a first appearance before the juvenile court on a petition;

(b) The youth admits to being within the jurisdiction of the juvenile court;

(d) The petition is dismissed or set aside;

(e) The juvenile court determines that the youth is not within the jurisdiction of the juvenile court after a hearing on the merits of the petition; or

(f) The juvenile court enters a disposition order finding the youth responsible except for insanity under ORS 419C.411.

(7) This section applies to petitions filed alleging that the youth engaged in:

(a) Conduct that, if committed by an adult, would constitute a crime that:

(A) Involves serious physical injury or threatened serious physical injury to another person, including criminal homicide, felony assault or any attempt to cause serious physical injury to another person;

(B) Involves the sexual assault of an animal or animal abuse in any degree;

(C) Is a felony sex offense listed in ORS 163A.005, except for rape in the third degree under ORS 163.355 or incest under ORS 163.525;

(D) Involves a weapon, as defined in ORS 166.360, or the threatened use of a weapon;

(E) Involves the possession or manufacture of a destructive device, as defined in ORS 166.382, or possession of a hoax destructive device, as defined in ORS 166.385; or

(F) Involves an offense in which an element of the crime is:

(i) Manufacture of a controlled substance or a marijuana item as defined in ORS 475C.009;

(ii) Delivery of a controlled substance or a marijuana item as defined in ORS 475C.009 in conjunction with conduct described in subparagraph (A) of this paragraph; or

(iii) Delivery of a controlled substance or a marijuana item as defined in ORS 475C.009 to a person under 18 years of age; or

(b) Conduct that is of such a nature that the court determines notice is necessary to safeguard the safety and security of the school, students and staff. The person or entity responsible for giving notice under subsection (3) of this section shall request that the court make the determination under this paragraph when the person or entity believes notice is necessary to safeguard the safety and security of the school, students and staff and the conduct involves an offense under ORS 163.160.

(8) Except as otherwise provided in ORS 192.431, a person who sends or receives notice under this section is not civilly or criminally liable for failing to disclose the information under this section. [2008 c.50 §2; 2009 c.447 §1; 2009 c.713 §18; 2011 c.9 §58; 2017 c.21 §54; 2023 c.513 §18]

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