2015 ORS 419C.386¹
Filing of report

(1)(a) If a party to a proceeding under ORS 419C.378 (Motion for finding that youth is unfit to proceed) raises the issue of fitness to proceed, the party shall file the original report on the evaluation conducted under ORS 419C.380 (Evaluation) with the clerk of the court and deliver copies of the report to all parties to the proceeding.

(b) If the court raises the issue of fitness to proceed under ORS 419C.378 (Motion for finding that youth is unfit to proceed), the person conducting the evaluation under ORS 419C.380 (Evaluation) shall file with the clerk of the court the original report on the evaluation and two copies of the report. The clerk of the court shall deliver the copies to the district attorney and to counsel for the youth.

(c) The report must be filed with the clerk of the court within 30 days after the order for evaluation is issued, unless the deadline is extended by written court order for good cause. An extension under this paragraph may not exceed 30 days.

(2) A report filed under this section must include:

(a) A description of the evaluation;

(b) A list of information that the evaluator reviewed as part of the evaluation;

(c) The evaluator’s opinion as to whether the youth is unfit to proceed as described in ORS 419C.378 (Motion for finding that youth is unfit to proceed), including the evaluator’s opinion as to whether the youth suffers from a mental disease or defect or another condition; and

(d) If the evaluator is of the opinion that the youth is unfit to proceed, the evaluator’s opinion regarding whether there is a substantial probability that the youth will gain or regain fitness to proceed and, if there is a substantial probability that the youth will gain or regain fitness to proceed, the specific restorative services under ORS 419C.396 (Provision of restorative services) that are needed and the anticipated duration of those services.

(3) A report filed under this section may not include statements made by the youth about the acts alleged in the petition alleging jurisdiction under ORS 419C.005 (Jurisdiction).

(4) Statements made to an evaluator by a youth during an evaluation, or made to persons involved in the evaluation, about the acts alleged in the petition are not admissible against the youth in any proceeding relating to the petition.

(5) Notwithstanding ORS 419A.255 (Maintenance), the clerk of the court shall provide the Oregon Health Authority with copies of the petition and the report on the evaluation upon request of the authority. [2013 c.709 §5]

Note: See note under 419C.378 (Motion for finding that youth is unfit to proceed).


1 Legislative Counsel Committee, CHAPTER 419C—Juvenile Code: Delinquency, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors419C.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.