2017 ORS 419C.626¹
Review hearing by court
  • findings
  • appeal

(1) Upon receiving a report required by ORS 419C.620 (Circumstances requiring report):

(a) The court may hold a hearing to review the youth offender’s condition and circumstances and to determine if the court should continue jurisdiction over the youth offender or order modifications in the custody, placement and supervision of the youth offender.

(b) And if requested by the youth offender, the attorney for the youth offender, if any, the parents of the youth offender if parental rights have not been terminated, a court appointed special advocate, a local citizen review board, the Oregon Youth Authority, a district attorney or a private agency having guardianship or legal custody of the youth offender, the court shall hold a hearing within 30 days of receipt of the request.

(2) The court, on its own motion, may hold a review hearing at any time. Unless good cause otherwise is shown, the court shall hold a review hearing at any time upon the request of the youth offender, the attorney for the youth offender, if any, the parents of the youth offender if parental rights have not been terminated, a court appointed special advocate, a local citizen review board, the youth authority, a district attorney or a private agency having guardianship or legal custody of the youth offender.

(3) A hearing under subsection (1) or (2) of this section shall be conducted in the manner provided in ORS 419C.400 (Conduct of hearings) (1), 419C.405 (Witnesses) and 419C.408 (Witness fees), except that the court may receive testimony and reports as provided in ORS 419C.400 (Conduct of hearings) (4). At the conclusion of the hearing, the court shall enter findings of fact if the decision is to continue the youth offender in an out-of-home placement in the legal custody of the youth authority or a private agency. The findings shall specifically state:

(a) Why continued out-of-home placement is necessary as opposed to returning the youth offender to the youth offender’s home or promptly securing another placement;

(b) The expected timetable for return home; and

(c) Whether the youth offender’s reformation plan or case plan should be modified.

(4) The court may direct the local citizen review board to review the status of the youth offender prior to the court’s next review under ORS 419A.106 (Review of cases generally), 419A.108 (Procedure for conflicts of interest), 419A.110 (Immunity of participants in case review), 419A.112 (Disclosure of information to participants in case review), 419A.116 (Findings and recommendations) and 419A.118 (Records).

(5) Any final decision of the court made pursuant to a hearing under subsection (1) or (2) of this section is appealable under ORS 419A.200 (Who may appeal). [1993 c.33 §265; 1999 c.92 §4; 2001 c.480 §10; 2001 c.910 §6; 2005 c.159 §7; 2005 c.843 §26]

Notes of Decisions

As used in this sec­tion, phrase “specifically state” requires that court findings ex­plic­itly state reasons continuing out-of-home place­ment is necessary as opposed to an­oth­er place­ment but does not require court to use term “necessary.” State v. D.J., 281 Or App 730, 384 P3d 164 (2016)

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 (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 419C, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano419C.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.