ORS 419A.150
Appointment

  • qualifications
  • hearings
  • orders
  • rehearings

(1)

The judge of the juvenile court may appoint one or more persons as referee of the juvenile court. A referee shall be appointed in every county in which there is no resident juvenile court judge. A person appointed referee must be qualified by training and experience in the handling of juvenile matters, must have such further qualifications as may be prescribed by law and holds office as referee at the pleasure of the judge. The state shall pay the compensation of a referee appointed by the judge of a circuit court from funds available for the purpose. The county shall pay the compensation of a referee appointed by the judge of a county court.

(2)

The judge may direct that any case, or all cases of a class designated by the judge, be processed or heard in the first instance by a referee in the manner provided for the hearing of cases by the court. Upon conclusion of the hearing in each case, the referee shall transmit to the judge the findings, recommendations or order in writing of the referee.

(3)

When the referee conducts a hearing, the persons entitled to request rehearing as provided in subsection (7) of this section must be notified of the referee’s findings, recommendations or order, together with a notice to the effect that a rehearing may be had before a judge if requested within 10 days. A rehearing before a judge of the juvenile court may be determined on the same evidence introduced before the referee if a stenographic transcript of the proceedings was kept, but, in any case, additional evidence may be presented.

(4)

All orders of a referee become immediately effective, subject to the right of review provided in this section, and continue in full force and effect, unless stayed by order of the referee or by a juvenile court judge, until vacated or modified upon rehearing by order of a judge of the juvenile court. Any order entered by a referee becomes a final order of the juvenile court upon expiration of 10 days following its entry, unless a rehearing is ordered or requested.

(5)

The judge of the juvenile court or, in counties having more than one judge of the juvenile court, the presiding judge of the juvenile court may establish requirements that any or all orders of referees must be expressly approved by a judge of the juvenile court before becoming effective.

(6)

A judge of the juvenile court may, on the judge’s own motion, order a rehearing of any matter heard before a referee.

(7)

At any time prior to the expiration of 10 days after the entry of the order and findings of a referee into the court register, a child, ward, youth, adjudicated youth, the parent, guardian, district attorney, Department of Human Services, juvenile department or other party affected by the order may request rehearing. The request for rehearing must be served upon all parties by the party requesting the rehearing.

(8)

All rehearings of matters heard before a referee shall be heard expeditiously by a judge of the juvenile court within 30 days after the filing of the request, unless the court orders a continuance. In no event may the rehearing occur later than 45 days after the date of the filing of the request. The rehearing is conducted de novo.

(9)

Notwithstanding subsection (7) of this section, when a referee finds that a youth is not within the jurisdiction of the court in a proceeding brought under ORS 419C.005 (Jurisdiction), the district attorney may not request a rehearing. [1993 c.33 §43; 1993 c.546 §7; 2003 c.396 §24; 2021 c.489 §44]

Source: Section 419A.150 — Appointment; qualifications; hearings; orders; rehearings, https://www.­oregonlegislature.­gov/bills_laws/ors/ors419A.­html.

Notes of Decisions

Under former similar statute

No particular qualitative or quantitative level of procedural participation is required to qualify as person appearing on child’s behalf for purposes of requesting rehearing. State ex rel Children’s Services Div. v. Dolan, 47 Or App 401, 614 P2d 614 (1980)

At rehearing, juvenile court judge is not bound by interlocutory order of referee. State ex rel Juvenile Dept. v. M, 62 Or 785, 662 P2d 733 (1983)

Child has no right to initial hearing before referee. State ex rel Juv. Dept. v. Arevalo, 117 Or App 505, 844 P2d 928 (1992), Sup Ct review denied

Child was not prejudiced when informed just before hearing that judge, rather than referee, would hear case. State ex rel Juv. Dept. v. Arevalo, 117 Or App 505, 844 P2d 928 (1992), Sup Ct review denied

In general

Where mother failed to appear before referee at pretrial conference, this section does not bar mother from presenting evidence at rehearing. Dept. of Human Services v. J. R. D., 286 Or App 55, 398 P3d 489 (2017)

Party at rehearing before juvenile court of referee’s decision is permitted to present additional evidence during that rehearing, which is rehearing of matter before referee as if it had been originally commenced before juvenile court. Dept. of Human Services v. J. R. D., 286 Or App 55, 398 P3d 489 (2017)

419A.004
Definitions 419A.010
Appointment of counselors and director 419A.012
Duties of director or counselor 419A.014
Reports by juvenile department 419A.015
Reports to school administrators concerning adjudicated youths on probation 419A.016
Powers of director or counselor 419A.018
Juvenile department is county agency 419A.020
County responsibility for expenses of juvenile department 419A.022
Responsibility of counties over 400,000 population 419A.045
Policy and purpose 419A.046
Definition for ORS 419A.046 and 419A.048 419A.048
Court to comply with fiscal reporting procedures 419A.050
Authority to acquire, equip and maintain detention and shelter facilities 419A.052
Specifications of facilities 419A.055
Examination of facilities 419A.057
Payment of maintenance expenses 419A.059
Designation of detention and shelter facilities 419A.061
Inspection of detention facilities 419A.063
Requirements for detention facilities 419A.090
Local citizen review boards 419A.092
Membership 419A.094
Additional boards 419A.096
Duties of Judicial Department in administering boards 419A.098
Rules 419A.100
Confidentiality of information 419A.102
Access to confidential information by boards 419A.104
Report on children and wards in substitute care 419A.106
Review of cases generally 419A.107
Review of cases of adjudicated youths 419A.108
Procedure for conflicts of interest 419A.109
Review of cases of wards for whom guardian has been appointed 419A.110
Immunity of participants in case review 419A.112
Disclosure of information to participants in case review 419A.114
When presence of agency personnel at board hearings required 419A.116
Findings and recommendations 419A.118
Records 419A.120
Court use of findings and recommendations 419A.122
Use of findings and recommendations by Department of Human Services 419A.124
Policy and procedure recommendations 419A.128
State Citizen Review Board Operating Account 419A.150
Appointment 419A.180
Power of court to enforce orders by contempt order 419A.190
Effect of adjudicatory hearing or admission 419A.200
Who may appeal 419A.205
Judgments described 419A.208
Orders subject to appeal by state 419A.209
Joint motion to vacate judgment or order 419A.211
Appointment of counsel 419A.240
Use of restraints during juvenile court proceedings 419A.245
Use of restraints during transport 419A.250
Authority 419A.252
Definitions for ORS 419A.252, 419A.253, 419A.255 and 419A.256 419A.253
When information in report, material or document considered by court must be identified in record 419A.255
Maintenance 419A.256
When transcript of proceeding is part of record of case 419A.257
Reports and materials privileged 419A.258
Motion to inspect or copy records 419A.260
Expunction 419A.262
Expunction proceeding 419A.265
Eligibility for order of expunction for certain adjudications involving marijuana 419A.267
Notice of expunction 419A.269
Effect of expunction 419A.271
Appointment of counsel 419A.300
Reports to school districts concerning young persons on conditional release 419A.305
Notice to school administrators concerning students subject to juvenile court petitions
Green check means up to date. Up to date

Current through early 2024

§ 419A.150’s source at oregon​.gov