2007 ORS 419C.261¹
Amendment and dismissal of petition
  • consultation with victim

(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 181.594 (Definitions for ORS 181.595, 181.596, 181.597 and 181.603), 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 181.594 (Definitions for ORS 181.595, 181.596, 181.597 and 181.603), if committed by an adult, the court shall make written findings stating the reason for setting aside or dismissing the petition.

(3) The district attorney or juvenile department must consult the victim regarding plea negotiations if:

(a) The victim has requested to be consulted regarding plea negotiations;

(b) The petition alleges the youth committed an act that would constitute a violent felony, as defined in ORS 419A.004 (Definitions), if committed by an adult; and

(c) The negotiations could lead to an amendment of the petition for purposes of obtaining an admission from the youth. [1993 c.33 §200; 1995 c.422 §77a; 2001 c.803 §7; 2007 c.609 §23]

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)

Chapter 419C

Law Review Cita­tions

Under Former Similar Statutes

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

1 Legislative Counsel Committee, CHAPTER 419C—Juvenile Code: Delinquency, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­419c.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 419C, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­419cano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.