Commitment to Oregon Youth Authority or Department of Human Services
(1) The court may, in addition to probation or any other dispositional order, place a youth offender who is at least 12 years of age in the legal custody of the Oregon Youth Authority for care, placement and supervision or, when authorized under subsection (3) of this section, place a youth offender in the legal custody of the Department of Human Services for care, placement and supervision. In any order issued under this section, the court shall include written findings describing why it is in the best interests of the youth offender to be placed with the youth authority or the department.
(2) If the court places a youth offender under subsection (1) of this section, the court may specify the type of care, supervision or services to be provided by the youth authority or the department to youth offenders placed in the youth authoritys or departments custody and to the parents or guardians of the youth offenders, but the actual planning and provision of the care, supervision, security or services is the responsibility of the youth authority or the department. The youth authority or the department may place the youth offender in a youth care center or other facility authorized to accept the youth offender.
(3) The court may place a youth offender in the legal custody of the department under subsection (1) of this section if:
(a) The court has determined that a period of out-of-home placement and supervision should be part of the disposition in the case;
(b) The court finds that, because of the youth offenders age or mental or emotional condition, the youth offender:
(A) Is not amenable to reform and rehabilitation through participation in the programs provided and administered by the youth authority; and
(B) Is amenable to reform and rehabilitation through participation in the programs provided and administered by the department;
(c) The court finds that the department can provide adequate security to protect the community and the youth offender;
(d) The court provides for periodic review of the placement; and
(e) The court, in making the findings and determinations required by this subsection, has considered the relevant facts and circumstances of the case, as provided in ORS 419C.411 (Disposition order).
(4) Uniform commitment blanks, in a form approved by the director of the youth authority, or by the Director of Human Services for placements under subsection (3) of this section, shall be used by all courts for placing youth offenders in the legal custody of the youth authority or the department.
(5) If the youth offender has been placed in the custody of the youth authority or the department, the court may not make a commitment directly to any residential facility, but shall cause the youth offender to be delivered into the custody of the youth authority or the department at the time and place fixed by rules of the youth authority or the department. A youth offender committed under this subsection may not be placed in a Department of Corrections institution.
(6) When the court places a youth offender in the legal custody of the department under subsection (1) of this section, ORS 419B.440 (Circumstances requiring reports), 419B.443 (Time and content of reports), 419B.446 (Filing report), 419B.449 (Review hearing by court), 419B.452 (Distribution of report by court), 419B.470 (Permanency hearing), 419B.473 (Notice) and 419B.476 (Conduct of hearing) apply as if the youth offender were a ward. [1993 c.33 §238; 1993 c.546 §89; 1995 c.422 §130; 2001 c.686 §13; 2003 c.396 §119; 2005 c.159 §4]
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