2007 ORS 419C.400¹
Conduct of hearings

(1) The hearing shall be held by the court without a jury and may be continued from time to time.

(2) The facts alleged in the petition showing the youth to be within the jurisdiction of the court as provided in ORS 419C.005 (Jurisdiction), unless admitted, must be established beyond a reasonable doubt.

(3) If the youth files written notice of intent to rely on the defense set forth in ORS 419C.522 (Mental disease or defect as affirmative defense), the youth has the burden of proving the defense by a preponderance of the evidence.

(4) For the purpose of determining proper disposition of the youth, testimony, reports or other material relating to the youth’s mental, physical and social history and prognosis may be received by the court without regard to their competency or relevancy under the rules of evidence.

(5) An adjudication by a juvenile court that a youth is within its jurisdiction is not a conviction of a crime or offense. [1993 c.33 §223; 1993 c.546 §87; 2005 c.843 §9]

Notes of Decisions

ORCP 51D, allowing advisory jury in ac­tions not triable to jury, does not apply to juvenile de­lin­quen­cy pro­ceed­ings. State ex rel Upham v. McElligott, 326 Or 547, 956 P2d 179 (1998)

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.