ORS Chapter 419a
Chapter 419A — JuvenileCode: General Provisions and Definitions
2009 EDITION
JUVENILECODE: GENERAL PROVISIONS AND DEFINITIONS
HUMANSERVICES; JUVENILE CODE; CORRECTIONS
GENERALPROVISIONS
419A.004 Definitions
COUNTYJUVENILE DEPARTMENT
419A.010 Appointmentof counselors and director; juvenile director oversight committee
419A.012 Dutiesof director or counselor
419A.014 Reportsby juvenile department
419A.015 Reportsto school administrators concerning youth offenders on probation
419A.016 Powersof director or counselor
419A.018 Juveniledepartment is county agency
419A.020 Countyresponsibility for expenses of juvenile department
419A.022 Responsibilityof counties over 400,000 population
COURTSERVICES
419A.045 Policyand purpose
419A.046 Definitionfor ORS 419A.046 to 419A.048
419A.047 Financialaid to counties for court services
419A.048 Courtto comply with fiscal reporting procedures
DETENTIONAND SHELTER FACILITIES
419A.050 Authorityto acquire, equip and maintain detention and shelter facilities
419A.052 Specificationsof facilities
419A.055 Examinationof facilities; capacity limits; standards for release; notice
419A.057 Paymentof maintenance expenses; admission of youth offenders
419A.059 Designationof detention and shelter facilities
419A.061 Inspectionof detention facilities
419A.063 Requirementsfor detention facilities
LOCALCITIZEN REVIEW BOARDS
419A.090 Localcitizen review boards
419A.092 Membership;training
419A.094 Additionalboards; creation
419A.096 Dutiesof Judicial Department in administering boards
419A.098 Rules
419A.100 Confidentialityof information; penalty
419A.102 Accessto confidential information by boards; procedure
419A.104 Reporton children and wards in substitute care
419A.106 Reviewof cases generally
419A.107 Reviewof cases of youth offenders
419A.108 Procedurefor conflicts of interest
419A.109 Reviewof cases of wards for whom guardian has been appointed; rules
419A.110 Immunityof participants in case review
419A.112 Disclosureof information to participants in case review; confidentiality
419A.114 Whenpresence of agency personnel at board hearings required
419A.116 Findingsand recommendations; judicial review
419A.118 Records;disclosure of findings and recommendations
419A.120 Courtuse of findings and recommendations
419A.122 Useof findings and recommendations by Department of Human Services
419A.124 Policyand procedure recommendations
419A.128 StateCitizen Review Board Operating Account
JUVENILECOURT REFEREES
419A.150 Appointment;qualifications; hearings; orders; rehearings
COURTAPPOINTED SPECIAL ADVOCATES
419A.170 Appointment;duties; immunity; access to information; CASA Fund; rules
CONTEMPT
419A.180 Powerof court to enforce orders by contempt order
FORMERJEOPARDY
419A.190 Effectof adjudicatory hearing or admission
APPEALS
419A.200 Whomay appeal; time limitations; procedure; effect of filing appeal; record onappeal; disclosure
419A.205 Judgmentsdescribed; jurisdiction of juvenile court during pendency of appeal;disposition
419A.208 Orderssubject to appeal by state; effect of appeal of preadjudicatory order
419A.211 Appointmentof counsel
FINGERPRINTINGAND PHOTOGRAPHING
419A.250 Authority;segregation of records; access; when records may be kept with those of adults;destruction of records; missing children
RECORDS
419A.253 Wheninformation in report or material considered by court must be identified inrecord
419A.255 Maintenance;disclosure; providing transcript; exceptions to confidentiality
419A.256 Whentranscript of proceeding is part of record of case; disclosure
419A.257 Disclosureto district attorney and other state and county entities
419A.260 Expunction;definitions
419A.262 Expunctionproceeding; notice to victim; effect of expunction; confidentiality; penalties
MISCELLANEOUS
419A.300 Reportsto school districts concerning young persons on conditional release
419A.305 Noticeto school administrators concerning students subject to juvenile courtpetitions
419A.002 [1993 c.33 §1;1993 c.546 §1; 1997 c.873 §1; repealed by 2003 c.396 §143]
GENERALPROVISIONS
419A.004Definitions.As used in this chapter and ORS chapters 419B and 419C, unless the contextrequires otherwise:
(1)“CASA Volunteer Program” means a program approved or sanctioned by the juvenilecourt to recruit, train and supervise volunteer persons to serve as courtappointed special advocates.
(2)“Child care center” means a residential facility for wards or youth offendersthat is licensed under the provisions of ORS 418.240.
(3)“Community service” has the meaning given that term in ORS 137.126.
(4)“Conflict of interest” means a person appointed to a local citizen review boardwho has a personal or pecuniary interest in a case being reviewed by thatboard.
(5)“Counselor” means a juvenile department counselor or a county juvenileprobation officer.
(6)“Court” means the juvenile court.
(7)“Court appointed special advocate” or “CASA” means a person appointed by thecourt pursuant to a CASA Volunteer Program to act as special advocate pursuantto ORS 419A.170.
(8)“Court facility” has the meaning given that term in ORS 166.360.
(9)“Department” means the Department of Human Services.
(10)“Detention” or “detention facility” means a facility established under ORS419A.010 to 419A.020 and 419A.050 to 419A.063 for the detention of children,wards, youths or youth offenders pursuant to a judicial commitment or order.
(11)“Director” means the director of a juvenile department established under ORS419A.010 to 419A.020 and 419A.050 to 419A.063.
(12)“Guardian” means guardian of the person and not guardian of the estate.
(13)“Indian child” means any unmarried person less than 18 years of age who is:
(a)A member of an Indian tribe; or
(b)Eligible for membership in an Indian tribe and is the biological child of amember of an Indian tribe.
(14)“Juvenile court” means the court having jurisdiction of juvenile matters in theseveral counties of this state.
(15)“Local citizen review board” means the board specified by ORS 419A.090 and419A.092.
(16)“Parent” means the biological or adoptive mother and the legal father of thechild, ward, youth or youth offender. As used in this subsection, “legal father”means:
(a)A man who has adopted the child, ward, youth or youth offender or whosepaternity has been established or declared under ORS 109.070 or 416.400 to416.465 or by a juvenile court; and
(b)In cases in which the Indian Child Welfare Act applies, a man who is a fatherunder applicable tribal law.
(17)“Permanent foster care” means an out-of-home placement in which there is along-term contractual foster care agreement between the foster parents and thedepartment that is approved by the juvenile court and in which the fosterparents commit to raise a ward in substitute care or youth offender until theage of majority.
(18)“Planned permanent living arrangement” means an out-of-home placement otherthan by adoption, placement with a relative or placement with a legal guardianthat is consistent with the case plan and in the best interests of the ward.
(19)“Public building” has the meaning given that term in ORS 166.360.
(20)“Reasonable time” means a period of time that is reasonable given a child orward’s emotional and developmental needs and ability to form and maintainlasting attachments.
(21)“Records” means any information in written form, pictures, photographs, charts,graphs, recordings or documents pertaining to a case.
(22)“Resides” or “residence,” when used in reference to the residence of a child,ward, youth or youth offender, means the place where the child, ward, youth oryouth offender is actually living or the jurisdiction in which wardship orjurisdiction has been established.
(23)“Restitution” has the meaning given that term in ORS 137.103.
(24)“Serious physical injury” means:
(a)A serious physical injury as defined in ORS 161.015; or
(b)A physical injury that:
(A)Has a permanent or protracted significant effect on a child’s daily activities;
(B)Results in substantial and recurring pain; or
(C)In the case of a child under 10 years of age, is a broken bone.
(25)“Shelter care” means a home or other facility suitable for the safekeeping of achild, ward, youth or youth offender who is taken into temporary custodypending investigation and disposition.
(26)“Short-term detention facility” means a facility established under ORS 419A.050(3) for holding children, youths and youth offenders pending further placement.
(27)“Sibling” means one of two or more children or wards related:
(a)By blood or adoption through a common legal parent; or
(b)Through the marriage of the children’s or wards’ legal or biological parents.
(28)“Substitute care” means an out-of-home placement directly supervised by thedepartment or other agency, including placement in a foster family home, grouphome or other child caring institution or facility. “Substitute care” does notinclude care in:
(a)A detention facility, forestry camp or youth correction facility;
(b)A family home that the court has approved as a ward’s permanent placement, whena private child caring agency has been appointed guardian of the ward and whenthe ward’s care is entirely privately financed; or
(c)In-home placement subject to conditions or limitations.
(29)“Surrogate” means a person appointed by the court to protect the right of thechild, ward, youth or youth offender to receive procedural safeguards withrespect to the provision of free appropriate public education.
(30)“Tribal court” means a court with jurisdiction over child custody proceedingsand that is either a Court of Indian Offenses, a court established and operatedunder the code of custom of an Indian tribe or any other administrative body ofa tribe that is vested with authority over child custody proceedings.
(31)“Victim” means any person determined by the district attorney, the juveniledepartment or the court to have suffered direct financial, psychological orphysical harm as a result of the act that has brought the youth or youthoffender before the juvenile court. When the victim is a minor, “victim”includes the legal guardian of the minor. The youth or youth offender may notbe considered the victim. When the victim of the crime cannot be de