ORS 419C.411
Disposition order

  • factors to be considered
  • finding of responsible except for insanity

(1)

At the termination of the hearing or hearings in the proceeding or after entry of an order under ORS 419C.067 (Case transferred to juvenile court after verdict in criminal court), the court shall enter an appropriate order directing the disposition to be made of the case.

(2)

The court shall find a youth responsible except for insanity if:

(a)

The youth asserted qualifying mental disorder as a defense as provided in ORS 419C.524 (Notice and filing report prerequisite to defense); and

(b)

The court determined by a preponderance of the evidence that, as a result of a qualifying mental disorder at the time the youth committed the act alleged in the petition, the youth lacked substantial capacity either to appreciate the nature and quality of the act or to conform the youth’s conduct to the requirements of law.

(3)

Except as otherwise provided in subsections (6) and (7) of this section, in determining the disposition of the case, the court shall consider each of the following:

(a)

The gravity of the loss, damage or injury caused or attempted during, or as part of, the conduct that is the basis for jurisdiction under ORS 419C.005 (Jurisdiction);

(b)

Whether the manner in which the adjudicated youth engaged in the conduct was aggressive, violent, premeditated or willful;

(c)

Whether the adjudicated youth was held in detention under ORS 419C.145 (Preadjudication detention) and, if so, the reasons for the detention;

(d)

The immediate and future protection required by the victim, the victim’s family and the community; and

(e)

The adjudicated youth’s juvenile court record and response to the requirements and conditions imposed by previous juvenile court orders.

(4)

In addition to the factors listed in subsection (3) of this section, the court may consider the following:

(a)

Whether the adjudicated youth has made any efforts toward reform or rehabilitation or making restitution;

(b)

The adjudicated youth’s educational status and school attendance record;

(c)

The adjudicated youth’s past and present employment;

(d)

The disposition proposed by the adjudicated youth;

(e)

The recommendations of the district attorney and the juvenile court counselor and the statements of the victim and the victim’s family;

(f)

The adjudicated youth’s mental, emotional and physical health and the results of the mental health or substance abuse treatment; and

(g)

Any other relevant factors or circumstances raised by the parties.

(5)

The court’s consideration of matters under this section may be addressed on appeal only if raised by a party at a dispositional hearing or by a motion to modify or set aside under ORS 419C.610 (Authority to modify or set aside orders).

(6)

When a youth is found responsible except for insanity, the court shall order a disposition under ORS 419C.529 (Finding of serious mental condition) if the court finds by a preponderance of the evidence that, at the time of disposition, the youth:

(a)

Has a serious mental condition; or

(b)

Has a qualifying mental disorder other than a serious mental condition and presents a substantial danger to others.

(7)

When a youth is found responsible except for insanity and the court does not make a finding described in subsection (6) of this section, the court may:

(a)

Enter an order finding the youth to be within the court’s jurisdiction under ORS 419B.100 (Jurisdiction) and make any disposition authorized by ORS chapter 419B;

(b)

Initiate civil commitment proceedings; or

(c)

Enter an order of discharge. [1993 c.33 §226; 1995 c.422 §80; 2003 c.396 §105; 2005 c.843 §10; 2017 c.634 §21; 2021 c.489 §67]

Source: Section 419C.411 — Disposition order; factors to be considered; finding of responsible except for insanity, https://www.­oregonlegislature.­gov/bills_laws/ors/ors419C.­html.

Notes of Decisions

Right of allocution under section 11, Article I of Oregon Constitution, does not apply at dispositional phase of juvenile proceeding. State ex rel Juvenile Dept. v. Leach, 202 Or App 632, 123 P3d 347 (2005)

419C.001
Purposes of juvenile justice system in delinquency cases
419C.005
Jurisdiction
419C.007
Suspension or revocation of driving privileges
419C.010
Extradition
419C.013
Venue
419C.020
Notice to parents or guardian of youth
419C.025
Appearance by telephone or closed-circuit television
419C.050
Transfer to juvenile court from another court
419C.053
Transfer to court of county of youth’s residence
419C.056
Transfer of jurisdiction by court in county of youth’s residence
419C.058
Transfer of jurisdiction to tribal court
419C.059
Facilitation of disposition
419C.065
Transportation of youth whose case is transferred
419C.067
Case transferred to juvenile court after verdict in criminal court
419C.080
Custody
419C.085
Citation in lieu of custody
419C.088
Custody by private person
419C.091
Custody not arrest
419C.094
Jurisdiction attaches at time youth taken into custody
419C.097
Notice to parents, victim
419C.100
Release of youth taken into custody
419C.103
Procedure when youth is not released
419C.106
Report required when youth is taken into custody
419C.109
Initial disposition of youth taken into custody
419C.125
Detention in place where adults are detained of certain persons alleged to be within court’s jurisdiction
419C.130
Youth or adjudicated youth may not be detained where adults are detained
419C.133
Detention of youth under 12 years of age
419C.136
Temporary hold to develop release plan
419C.139
Speedy hearing on detention cases
419C.142
Notice of detention hearing
419C.145
Preadjudication detention
419C.150
Time limitations on detention
419C.153
Detention review or release hearing
419C.156
Detention of runaway from another state
419C.159
Escape
419C.170
Time limitations on shelter care
419C.173
Evidentiary hearing
419C.176
Conditional release by court
419C.179
Release security provisions not applicable
419C.200
Court-appointed counsel for youth
419C.206
Compensation for counsel
419C.209
Applicability of other laws
419C.220
Appointment of surrogate
419C.223
Duties and tenure
419C.225
Authorized diversion programs
419C.226
Youth courts
419C.230
Formal accountability agreements
419C.233
Nature of agreement
419C.236
Agreement may require counseling, community service, education, treatment or training
419C.237
Agreement may require mental health evaluation
419C.239
Requirements of agreement
419C.242
Revocation and modification of agreement
419C.245
Right to counsel
419C.250
Who may file petition
419C.255
Facts to be pleaded
419C.258
Service
419C.261
Amendment and dismissal of petition
419C.270
Application of criminal procedure laws
419C.273
Right of victim to be present at proceedings
419C.274
Notification of victim regarding waiver hearing or second look hearing
419C.276
Disclosure of personal identifiers of victim or witness
419C.280
Consolidation
419C.285
Parties to delinquency proceeding
419C.300
Time limits on issuance of summons
419C.303
Form of summons
419C.306
Effect of summons
419C.309
Service of summons or other process
419C.312
Alternate service
419C.315
Travel expenses of party summoned
419C.317
Compliance with summons
419C.320
When arrest warrant for summoned person authorized
419C.323
Proceeding when summoned party not before court
419C.340
Authority to waive youth to adult court
419C.343
Depositions
419C.346
Juvenile court’s retention of authority over parent
419C.349
Grounds for waiving youth to adult court
419C.352
Grounds for waiving youth under 15 years of age
419C.355
Written findings required
419C.358
Consolidation of nonwaivable and waivable charges
419C.361
Disposition of nonwaivable consolidated charges and lesser included offenses
419C.364
Waiver of future cases
419C.367
Vacating order waiving future cases
419C.370
Waiver of motor vehicle, boating, game, violation and property cases
419C.372
Handling of motor vehicle, boating or game cases not requiring waiver
419C.374
Alternative conduct of proceedings involving traffic, boating and game cases
419C.378
Motion for finding that youth is unfit to proceed
419C.380
Evaluation
419C.382
Duties of Oregon Health Authority
419C.386
Filing of report
419C.388
Objection to report
419C.390
Order
419C.392
Effect of findings
419C.394
Program to provide restorative services
419C.396
Provision of restorative services
419C.398
Removal of youth from placement for purpose of receiving restorative services
419C.400
Conduct of hearings
419C.405
Witnesses
419C.408
Witness fees
419C.411
Disposition order
419C.420
Adjudication without hearing
419C.440
When court has duties and authority of guardian
419C.441
Mental health evaluation, care and treatment
419C.446
Probation
419C.450
Restitution
419C.453
Detention
419C.456
Detention after escape
419C.457
Prohibition on imposition of fines and fees for acts committed by child, youth, adjudicated youth or young person
419C.460
Process for unlawful possession of controlled substances
419C.461
Disposition for graffiti related offenses
419C.462
Community service
419C.465
Service to victim
419C.470
Opportunities to fulfill obligations imposed by court
419C.472
Suspension of driving privileges
419C.473
Authority to order blood or buccal samples
419C.475
Authority to order blood-borne infection testing
419C.478
Commitment to Oregon Youth Authority or Department of Human Services
419C.481
Guardianship and legal custody of adjudicated youth committed to Oregon Youth Authority
419C.486
Consideration of recommendations of committing court
419C.489
Condition requiring medical care or special treatment
419C.492
Court’s authority to review placement
419C.495
When commitment to youth correction facility authorized
419C.498
Disposition under compact, agreement or arrangement with another state
419C.501
Duration of disposition
419C.504
Duration of probation
419C.507
Additional options
419C.510
Advisory committee to study dispositions
419C.520
Definitions
419C.522
Qualifying mental disorder as affirmative defense
419C.524
Notice and filing report prerequisite to defense
419C.527
Procedure for state to obtain mental examination of youth
419C.529
Finding of serious mental condition
419C.530
Continuing jurisdiction of Psychiatric Security Review Board after placement
419C.531
Notice to victim
419C.532
Hearings of juvenile panel of Psychiatric Security Review Board
419C.533
Rules
419C.535
Appointed counsel
419C.538
Conditional release
419C.540
Discharge or conditional release after commitment
419C.542
Hearings before juvenile panel of Psychiatric Security Review Board
419C.544
Transfer of cases from juvenile panel to adult panel of Psychiatric Security Review Board
419C.550
Duties and authority
419C.555
Authority to appoint guardian
419C.558
Duties and authority of guardian
419C.561
Limitation of guardianship granted by juvenile court
419C.570
Parent or guardian summoned subject to jurisdiction of court
419C.573
Court may order education or counseling
419C.575
Court may order drug or alcohol treatment
419C.610
Authority to modify or set aside orders
419C.613
Notice of modification
419C.615
Grounds for setting aside order
419C.616
Effect of prior proceeding on petition under ORS 419C.615
419C.617
Time limitation for certain adults seeking relief under ORS 419C.615
419C.620
Circumstances requiring report
419C.623
Frequency and content of report
419C.626
Review hearing by court
419C.629
Distribution of report by court
419C.653
Notice
419C.680
Curfew
Green check means up to date. Up to date