Juvenile Code: Delinquency

ORS 419C.261
Amendment and dismissal of petition


(1)

The court, on motion of an interested party or on its own motion, may at any time direct that the petition be amended. If the amendment results in a substantial departure from the facts originally alleged, the court shall grant such continuance as the interests of justice may require. When the court directs the amendment of a petition alleging that a youth has committed an act that would constitute a sex crime, as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235), if committed by an adult, the court shall make written findings stating the reason for directing the amendment.

(2)

(a) The court may set aside or dismiss a petition filed under ORS 419C.005 (Jurisdiction) in furtherance of justice after considering the circumstances of the youth and the interests of the state in the adjudication of the petition.

(b)

If the victim requests notice, the district attorney or juvenile department shall notify the victim of a hearing to amend the petition in advance of the hearing.

(c)

When the court sets aside or dismisses a petition alleging that a youth has committed an act that would constitute a sex crime, as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235), if committed by an adult, the court shall make written findings stating the reason for setting aside or dismissing the petition. [1993 c.33 §200; 1995 c.422 §77a; 2001 c.803 §7; 2007 c.609 §23; 2009 c.178 §24]

Notes of Decisions

Juvenile court has jurisdiction to make post-adjudication dismissal of delinquency petition. State ex rel Juvenile Dept. v. Dreyer, 328 Or 332, 976 P2d 1123 (1999)

Power of juvenile court to dismiss or set aside adjudication does not permit issuing retroactive dismissal order. State ex rel Juvenile Dept. v. Dreyer, 328 Or 332, 976 P2d 1123 (1999)

Court has authority to dismiss petition under this section if youth was under 25 years of age when motion to dismiss petition was filed. State v. C.E.B., 254 Or App 353, 295 P3d 118 (2012)

Chapter 419C

Law Review Citations

Under Former Similar Statutes

56 OLR 428 (1977); 16 WLR 417 (1979)


Source

Last accessed
Jun. 26, 2021