Release of detained juvenile when detention facility violates standards
Notwithstanding the procedures set out in ORS 169.080 (Effect of failure to comply with standards) and 419A.061 (Inspection of detention facilities), the juvenile court in which venue lies pursuant to 419B.100 (Jurisdiction) or 419C.005 (Jurisdiction) shall, upon motion of any party or on its own motion, and after prompt hearing, release any juvenile detained in a facility which violates ORS 169.076 (Standards for local correctional facilities) (7) to (11), (13) or (14), 169.740 (Standards for juvenile detention facilities) or 169.750 (Restrictions on operation of juvenile detention facilities), unless the court finds that such violation is not likely to reoccur. The court may comply with the release provisions of this section by transferring a detained juvenile to an available juvenile detention facility which it finds complies with ORS 169.076 (Standards for local correctional facilities) (7) to (11), (13) or (14), 169.740 (Standards for juvenile detention facilities) and 169.750 (Restrictions on operation of juvenile detention facilities), or by placing the juvenile in shelter care, or by releasing the juvenile to the custody of a responsible adult under terms and conditions specified by the court, or by releasing the juvenile on personal recognizance under terms and conditions specified by the court. The appeal of a final order under this section does not suspend the jurisdiction of the juvenile court while the appeal is pending. No subsequent order of the juvenile court shall moot the appeal. [1981 c.869 §4; 1985 c.499 §8; 1985 c.618 §11; 1993 c.33 §315; 2001 c.480 §12]
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