2015 ORS 419C.392¹
Effect of findings

(1) If the court finds that the youth is fit to proceed, the court shall vacate the stay under ORS 419C.378 (Motion for finding that youth is unfit to proceed).

(2) If the court finds that the youth is unfit to proceed and that there is not a substantial probability that the youth will gain or regain fitness to proceed in the foreseeable future if provided restorative services under ORS 419C.396 (Provision of restorative services), the court shall:

(a) Immediately enter a judgment that dismisses the petition alleging jurisdiction under ORS 419C.005 (Jurisdiction) without prejudice; or

(b) If necessary for planning or instituting an alternative proceeding, then not more than five days after the findings are made enter a judgment that dismisses the petition without prejudice.

(3)(a) If the court finds that the youth is unfit to proceed and that there is a substantial probability that the youth will gain or regain fitness to proceed in the foreseeable future if provided restorative services under ORS 419C.396 (Provision of restorative services), the court shall continue the order under ORS 419C.378 (Motion for finding that youth is unfit to proceed) staying the proceedings and order that the youth receive restorative services under ORS 419C.396 (Provision of restorative services).

(b) The court shall forward the order for restorative services to the Oregon Health Authority. [2013 c.709 §8]

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.