ORS 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.(c)
“School district” has the meaning given that term in ORS 332.002 (Definitions for chapter).(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 (Jurisdiction).(b)
A youth admits to being within the jurisdiction of the juvenile court as provided in ORS 419C.005 (Jurisdiction) 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.(c)
A youth is found responsible except for insanity under ORS 419C.411 (Disposition order).(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 (Amendment and dismissal of petition); 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 (Who may file petition), 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;(c)
The alleged basis for the juvenile court’s jurisdiction over the youth;(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 (Disposition order) 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;(c)
The youth is adjudicated by a juvenile court to be within the jurisdiction of the 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 (Disposition order).(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 (Definitions for ORS 163A.005 to 163A.235), except for rape in the third degree under ORS 163.355 (Rape in the third degree) or incest under ORS 163.525 (Incest);(D)
Involves a weapon, as defined in ORS 166.360 (Definitions for ORS 166.360 to 166.380), or the threatened use of a weapon;(E)
Involves the possession or manufacture of a destructive device, as defined in ORS 166.382 (Possession of destructive device prohibited), or possession of a hoax destructive device, as defined in ORS 166.385 (Possession of hoax destructive device); 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 475B.015;(ii)
Delivery of a controlled substance or a marijuana item as defined in ORS 475B.015 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 475B.015 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 (Assault in the fourth degree).(8)
Except as otherwise provided in ORS 192.431 (Court authority in reviewing action denying right to inspect public records), 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](2)
Each county sheriff, municipal police department and police department established by a university and the Oregon State Police shall submit a report in the manner provided in ORS 192.245 (Form of report to legislature) to the interim committees of the Legislative Assembly related to the judiciary no later than September 15, 2022, regarding the policies developed under this section.(3)
As used in this section, “child witness” means an unmarried person who is under 18 years of age and who is not the victim of, suspect in or related to the suspect in a child welfare, criminal or delinquency investigation. [2021 c.335 §1]
Source:
Section 419A.305 — Notice to school administrators concerning students subject to juvenile court petitions, https://www.oregonlegislature.gov/bills_laws/ors/ors419A.html.
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