ORS 419C.398¹
Removal of youth from placement for purpose of receiving restorative services

(1) A youth may not be removed from the youth’s current placement solely for the purpose of receiving restorative services pursuant to a court order under ORS 419C.392 (Effect of findings) unless the court finds:

(a) That removal is necessary to provide restorative services under ORS 419C.396 (Provision of restorative services);

(b) That removal is in the best interest of the youth; and

(c) If the Department of Human Services has custody of the youth, that:

(A) The department made reasonable efforts to prevent or eliminate the need for removal and make it possible for the youth to safely return to the youth’s current placement; or

(B) Reasonable efforts have not been made by the department but reasonable efforts would not have eliminated the need for removal under paragraphs (a) and (b) of this subsection.

(2) If a youth is removed for the purpose of receiving restorative services, the youth shall be returned to the youth’s current placement immediately upon conclusion of the provision of the restorative services unless the youth has been placed in a detention facility as defined in ORS 419A.004 (Definitions) or a youth correction facility as defined in ORS 420.005 (Definitions). [2013 c.709 §11; 2017 c.558 §3]

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

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/­ors419C.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 419C, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano419C.­html (2019) (last ac­cessed May 16, 2020).
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. Currency Information