2015 ORS 419C.388¹
Objection to report
  • hearing
  • findings

(1) Any party to a proceeding initiated by a petition alleging jurisdiction under ORS 419C.005 (Jurisdiction) may file written objection to an evaluation report filed under ORS 419C.386 (Filing of report) within 14 days after the report is received by the party. The objection must state whether the party seeks another evaluation. If a party files an objection, the court shall hold a hearing within 21 days after the objection is filed with the court.

(2) If a written objection is not filed under this section, and the court does not adopt the evaluator’s opinion regarding the youth’s fitness to proceed, the court shall hold a hearing within 21 days after the report is filed with the court. The court may postpone the hearing for good cause shown.

(3) The court shall decide whether a youth is unfit to proceed by a preponderance of the competent evidence introduced at a hearing under this section. The order must set forth findings on the youth’s fitness to proceed. [2013 c.709 §6]

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.