Juvenile Code: General Provisions and Definitions

ORS 419A.190
Effect of adjudicatory hearing or admission


Except as provided in ORS 153.108 (Effect of judgment) (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]

Notes of Decisions

Prohibition against adult court action “based on” or “arising out of” juvenile offense bars use of offense as incident of racketeering activity for purposes of Oregon Racketeer Influenced and Corrupt Organization Act (ORS 166.715 to 166.735). State v. Harris, 157 Or App 119, 967 P2d 909 (1998)

Juvenile court probation violation hearing is considered adjudicatory hearing for purpose of determining whether to bar proceedings in adult criminal court or other juvenile court adjudicatory proceedings. State v. S.-Q.K., 292 Or App 836, 426 P3d 659 (2018); M.B. v. M.B., 293 Or App 122, 427 P3d 1121 (2018)


Source

Last accessed
May 30, 2023