2017 ORS 420.505¹
Application by youth offender in youth correction facility for admission to hospital or facility
  • examination of applicant
  • limitation on involuntary retention at institution

(1) A youth offender at a youth correction facility may apply for admission to a hospital or facility designated by the Department of Human Services or the Oregon Health Authority. The application may be made on behalf of the youth offender by the parents or legal guardian of the youth offender. However, the superintendent shall not be required to cause the examination of a youth offender who applies under this section more often than once in six months.

(2) Within five working days after receipt of the application, the superintendent of the youth correction facility shall cause the youth offender to be examined by one or more qualified persons at the facility and shall request the examination of the youth offender by one or more qualified persons employed or designated by the department or the Oregon Health Authority. The examination conducted or authorized by the department or the Oregon Health Authority shall take place within five working days after receipt of the request from the superintendent. The examiners shall prepare separate reports and shall submit such reports to the superintendent. A copy of the reports shall be given to the applicant.

(3) If the superintendent finds that there is a probable cause to believe that the youth offender has a mental illness and that it would be in the best interests of the youth offender to be admitted to a hospital or facility designated by the department or the Oregon Health Authority, the superintendent shall notify the department or the Oregon Health Authority and shall order the youth offender transferred pursuant to ORS 179.473 (Transfers between institutions).

(4) No youth offender at a youth correction facility voluntarily admitted to a hospital or facility designated by the department or the Oregon Health Authority shall be detained therein more than 72 hours after the youth offender is of the age specified in ORS 420A.010 (Creation and duties) (5) setting the age limits for which the Oregon Youth Authority may retain legal and physical custody of the youth offender and has given notice in writing of the desire of the youth offender to be released. If the youth offender is under the age specified in ORS 420A.010 (Creation and duties) (5) setting the age limits for which the Oregon Youth Authority may retain legal and physical custody of the youth offender, the youth offender may be returned to the youth correction facility after notice in writing has been given by the parent or legal guardian of the youth offender, that such parent or guardian desires that the youth offender be discharged from the hospital or facility designated by the department or the Oregon Health Authority. [1975 c.662 §4; 1977 c.601 §7; 1995 c.422 §112; 1997 c.433 §16; 2005 c.439 §3; 2007 c.70 §201; 2009 c.595 §375]

Notes of Decisions

A juvenile training school student may be voluntarily or involuntarily committed to institu­tions for mentally ill under these sec­tions. State ex rel Juvenile Depart­ment v. Kent, 31 Or App 1219, 572 P2d 1059 (1977) Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 420—Youth Correction Facilities; Youth Care Centers, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors420.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 420, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano420.­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.