Juvenile Code: Delinquency

ORS 419C.626
Review hearing by court

  • findings
  • appeal


(1)

Upon receiving a report required by ORS 419C.620 (Circumstances requiring report):

(a)

The court may hold a hearing to review the youth offender’s condition and circumstances and to determine if the court should continue jurisdiction over the youth offender or order modifications in the custody, placement and supervision of the youth offender.

(b)

And if requested by the youth offender, the attorney for the youth offender, if any, the parents of the youth offender if parental rights have not been terminated, a court appointed special advocate, a local citizen review board, the Oregon Youth Authority, a county juvenile department, a district attorney or a private agency having guardianship or legal custody of the youth offender, the court shall hold a hearing within 30 days of receipt of the request.

(2)

The court, on its own motion, may hold a review hearing at any time. Unless good cause otherwise is shown, the court shall hold a review hearing at any time upon the request of the youth offender, the attorney for the youth offender, if any, the parents of the youth offender if parental rights have not been terminated, a court appointed special advocate, a local citizen review board, the youth authority, a county juvenile department, a district attorney or a private agency having guardianship or legal custody of the youth offender.

(3)

A hearing under subsection (1) or (2) of this section shall be conducted in the manner provided in ORS 419C.400 (Conduct of hearings) (1), 419C.405 (Witnesses) and 419C.408 (Witness fees), except that the court may receive testimony and reports as provided in ORS 419C.400 (Conduct of hearings) (4). At the conclusion of the hearing, the court shall enter findings of fact if the decision is to continue the youth offender in an out-of-home placement in the legal custody of the youth authority, a county juvenile department or a private agency. The findings shall specifically state:

(a)

Why continued out-of-home placement is necessary as opposed to returning the youth offender to the youth offender’s home or promptly securing another placement;

(b)

The expected timetable for return home; and

(c)

Whether the youth offender’s reformation plan or case plan should be modified.

(4)

After receiving a report required by ORS 419C.620 (Circumstances requiring report) (2), if requested by the county juvenile department, the court’s findings under subsection (3) of this section must specifically state:

(a)

Whether the county juvenile department has made reasonable efforts or, if the Indian Child Welfare Act applies, active efforts to make it possible for the youth offender to safely return home. In making this finding, the court shall consider the youth offender’s health and safety the paramount concerns.

(b)

The appropriateness of the youth offender’s placement.

(c)

The extent of compliance with the youth offender’s case plan.

(d)

The extent of progress that has been made toward alleviating or mitigating the causes necessitating the youth offender’s placement in substitute care.

(5)

The court may direct the local citizen review board to review the status of the youth offender prior to the court’s next review under ORS 419A.106 (Review of cases generally), 419A.108 (Procedure for conflicts of interest), 419A.110 (Immunity of participants in case review), 419A.112 (Disclosure of information to participants in case review), 419A.116 (Findings and recommendations) and 419A.118 (Records).

(6)

Any final decision of the court made pursuant to a hearing under subsection (1) or (2) of this section is appealable under ORS 419A.200 (Who may appeal). [1993 c.33 §265; 1999 c.92 §4; 2001 c.480 §10; 2001 c.910 §6; 2005 c.159 §7; 2005 c.843 §26; 2019 c.513 §5]

Notes of Decisions

As used in this section, phrase "specifically state" requires that court findings explicitly state reasons continuing out-of-home placement is necessary as opposed to another placement but does not require court to use term "necessary." State v. D.J., 281 Or App 730, 384 P3d 164 (2016)

Chapter 419C

Law Review Citations

Under Former Similar Statutes

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


Source

Last accessed
Jun. 26, 2021