Oregon Revised Statutes

Or. Rev. Stat. § 419A.004 (2026)

Definitions

✓ current as of May 2026

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419A.004 Definitions. As used in this chapter and ORS chapters 419B and 419C, unless the context requires otherwise:

(1) “Adjudicated youth” means a person who has been found to be within the jurisdiction of the juvenile court under ORS 419C.005 for an act committed when the person was under 18 years of age.

(2) “Age-appropriate or developmentally appropriate activities” means:

(a) Activities or items that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child, based on the development of cognitive, emotional, physical and behavioral capacities that are typical for an age or age group; and

(b) In the case of a specific child, activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical and behavioral capacities of the child.

(3) “Alleged genetic parent” has the meaning given that term in ORS 109.002.

(4) “Another planned permanent living arrangement” means an out-of-home placement for a ward 16 years of age or older that is consistent with the case plan and in the best interests of the ward other than placement:

(a) By adoption;

(b) With a legal guardian; or

(5) “CASA Volunteer Program” means a program that is approved or sanctioned by a juvenile court and has entered into a contract with the statewide coordinating entity contracted with by the Oregon Department of Administrative Services under ORS 184.492 to recruit, train and supervise diverse and culturally responsive volunteers to serve as court appointed special advocates.

(6) “Child care center” means a residential facility for wards or adjudicated youths that is licensed, certified or otherwise authorized as a child-caring agency as that term is defined in ORS 418.205.

(7) “Community service” has the meaning given that term in ORS 137.126.

(8) “Conflict of interest” means a person appointed to a local citizen review board who has a personal or pecuniary interest in a case being reviewed by that board.

(9) “Counselor” means a juvenile department counselor or a county juvenile probation officer.

(10) “Court” means the juvenile court.

(11) “Court appointed special advocate” means a person in a CASA Volunteer Program who is appointed by the court to act as a court appointed special advocate pursuant to ORS 419B.112.

(12) “Court facility” has the meaning given that term in ORS 166.360.

(13) “Current caretaker” means a foster parent:

(a) Who is currently caring for a ward who is in the legal custody of the Department of Human Services and who has a permanency plan or concurrent permanent plan of adoption; and

(b) Who has cared for the ward, or at least one sibling of the ward, for at least 12 cumulative months or for one-half of the ward’s or sibling’s life where the ward or sibling is younger than two years of age, calculated cumulatively.

(14) “Department” means the Department of Human Services.

(15) “Detention” or “detention facility” means a facility established under ORS 419A.010 to 419A.020 and 419A.050 to 419A.063 for the detention of youths or adjudicated youths pursuant to a judicial commitment or order.

(16) “Director” means the director of a juvenile department established under ORS 419A.010 to 419A.020 and 419A.050 to 419A.063.

(17) “Guardian” means guardian of the person and not guardian of the estate.

(18) “Indian child” has the meaning given that term in ORS 419B.603.

(19) “Juvenile court” means the court having jurisdiction of juvenile matters in the several counties of this state.

(20) “Local citizen review board” means the board specified by ORS 419A.090 and 419A.092.

(21) “Parent” means the genetic or adoptive mother and the legal parent of the child, ward, youth or adjudicated youth. As used in this subsection, “legal parent” means:

(a) A person who has adopted the child, ward, youth or adjudicated youth or whose parentage has been established or declared under ORS 25.501 to 25.556 or 109.065 or by a juvenile court; and

(b) If the child is an Indian child, a man whose parentage has been established as described in ORS 419B.609.

(22) “Permanent foster care” means an out-of-home placement in which there is a long-term contractual foster care agreement between the foster parents and the department that is approved by the juvenile court and in which the foster parents commit to raise a ward in substitute care or adjudicated youth until the age of majority.

(23) “Public building” has the meaning given that term in ORS 166.360.

(24) “Proctor foster home” has the meaning given that term in ORS 418.205.

(25) “Qualified residential treatment program” means a program described in ORS 418.323.

(26) “Reasonable and prudent parent standard” means the standard, characterized by careful and sensible parental decisions that maintain the health, safety and best interests of a child or ward while encouraging the emotional and developmental growth of the child or ward, that a substitute care provider shall use when determining whether to allow a child or ward in substitute care to participate in extracurricular, enrichment, cultural and social activities.

(27) “Reasonable time” means a period of time that is reasonable given a child or ward’s emotional and developmental needs and ability to form and maintain lasting attachments.

(28) “Records” means any information in written form, pictures, photographs, charts, graphs, recordings or documents pertaining to a case.

(29) “Resides” or “residence,” when used in reference to the residence of a child, ward, youth or adjudicated youth, means the place where the child, ward, youth or adjudicated youth is actually living or the jurisdiction in which wardship or jurisdiction has been established.

(30) “Restitution” has the meaning given that term in ORS 137.103.

(31) “Serious physical injury” means:

(a) A serious physical injury as defined in ORS 161.015; or

(b) A physical injury that:

(A) Has a permanent or protracted significant effect on a child’s daily activities;

(B) Results in substantial and recurring pain; or

(32) “Shelter care” means a home or other facility suitable for the safekeeping of a child, ward, youth or adjudicated youth who is taken into temporary custody pending investigation and disposition.

(33) “Short-term detention facility” means a facility established under ORS 419A.050 (3) for holding youths and adjudicated youths pending further placement.

(34) “Sibling” means one of two or more children or wards related:

(a) By blood or adoption through a common legal parent; or

(b) Through the marriage of the children’s or wards’ legal or genetic parents.

(35)(a) “Substitute care” means an out-of-home placement directly supervised by the department or other agency, including placement in a foster family home, group home, child-caring agency as defined in ORS 418.205 or other child caring institution or facility.

(b) “Substitute care” does not include care in:

(A) A detention facility, forestry camp or youth correction facility;

(B) A family home that the court has approved as a ward’s permanent placement, when a child-caring agency as defined in ORS 418.205 has been appointed guardian of the ward and when the ward’s care is entirely privately financed;

(D) A facility or other entity that houses or provides services only to adjudicated youths committed to the custody of the Oregon Youth Authority by the juvenile court; or

(E) An adjudicated youth foster home as that term is defined in ORS 420.888.

(36) “Surrogate” means a person appointed by the court to protect the right of the child, ward, youth or adjudicated youth to receive procedural safeguards with respect to the provision of free appropriate public education.

(37) “Tribal court” has the meaning given that term in ORS 419B.603.

(38) “Victim” means any person determined by the district attorney, the juvenile department or the court to have suffered direct financial, psychological or physical harm as a result of the act that has brought the youth or adjudicated youth before the juvenile court. When the victim is a minor, “victim” includes the legal guardian of the minor. The youth or adjudicated youth may not be considered the victim. When the victim of the crime cannot be determined, the people of Oregon, as represented by the district attorney, are considered the victims.

(39) “Violent felony” means any offense that, if committed by an adult, would constitute a felony and:

(a) Involves actual or threatened serious physical injury to a victim; or

(b) Is a sexual offense. As used in this paragraph, “sexual offense” has the meaning given the term “sex crime” in ORS 163A.005.

(40) “Ward” means a person within the jurisdiction of the juvenile court under ORS 419B.100.

(41) “Young person” means a person who has been found responsible except for insanity under ORS 419C.411 and placed under the jurisdiction of the Psychiatric Security Review Board.

(42) “Youth” means a person under 18 years of age who is alleged to have committed an act that is a violation, or, if done by an adult would constitute a violation, of a law or ordinance of the United States or a state, county or city.

(43) “Youth care center” has the meaning given that term in ORS 420.855. [1993 c.33 §2; 1993 c.546 §2; 1995 c.422 §65; 1997 c.130 §11; 1997 c.696 §2; 1997 c.873 §4; 1999 c.59 §116; 1999 c.109 §3; 1999 c.577 §11; 1999 c.859 §6; 1999 c.1095 §17; 2001 c.485 §3; 2001 c.900 §122; 2001 c.904 §12; 2001 c.910 §2; 2003 c.396 §1; 2003 c.576 §446; 2005 c.160 §1; 2005 c.517 §2; 2005 c.843 §1; 2007 c.609 §§7,8; 2007 c.806 §§1,2; 2009 c.178 §31; 2012 c.97 §30; 2015 c.254 §1; 2015 c.795 §2; 2016 c.106 §46; 2017 c.351 §1; 2017 c.630 §8; 2017 c.651 §41; 2019 c.382 §1; 2019 c.619 §11; 2020 s.s.1 c.14 §26; 2020 s.s.1 c.19 §§17a,17b; 2021 c.459 §4; 2021 c.489 §1; 2025 c.54 §2; 2025 c.592 §142]

COUNTY JUVENILE DEPARTMENT

Notes of Decisions

Cited in 134 cases (36 in the last 5 years), 1998–2026 · leading case: Dep't of Human Servs. v. T. L., 369 P.3d 1159 (Or. 2016).

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Dep't of Human Servs. v. T. L., 369 P.3d 1159 (Or. 2016). · cites it 2× “” Former ORS 419A.004(20) (2011), renumbered as ORS 419A.”

State Ex Rel. State Off. for Servs. to Child. & Families v. Stillman, 36 P.3d 490 (Or. 2001). · cites it 2× “The effect of the amendment was to substitute the phrase “reasonable time” for the phrase “foreseeable future.” The former version of the statute did not define “foreseeable future.”

Kahn v. Pony Express Courier Corp., 20 P.3d 837 (Or. Ct. App. 2001). · cites it 3× “ORS 419A.004(2). We apply that definition to ORS 409.”

State v. J. M. E., 451 P.3d 1018 (Or. Ct. App. 2019). · cites it 3× “710(2)(a), in turn, defines “economic damages,” in relevant part, as: “objec- tively verifiable monetary losses including but not limited to reasonable charges necessarily incurred for medical, hospi- tal, nursing and rehabilitative services and other health care services * * *.”

In Re Marriage of O'Donnell-Lamont, 91 P.3d 721 (Or. 2004). · cites it 2× “119(8)(e) (2001) (“legal parent” means parent as defined in ORS 419A.004 whose parental rights have not been terminated); ORS 419A.”

In Re the Marriage of Winczewski, 72 P.3d 1012 (Or. Ct. App. 2003). · cites it 4× “[5] "`Legal parent' means a parent as defined in ORS 419A.004 whose rights have not been terminated under ORS 419B.”

State Ex Rel. State Off. for Servs. to Child. & Families v. Mellor, 47 P.3d 19 (Or. Ct. App. 2002). · cites it 2× “" ORS 419A.004(21). Consequently, we must consider all of the circumstances of each individual case, including the mother's and father's conditions and conduct, their impact on the child, and the child's individual needs.”

State Ex Rel. State Off. for Servs. to Child. & Families v. Stillman, 1 P.3d 500 (Or. Ct. App. 2000). · cites it 4× “" See ORS 419A.004(17); State ex rel. SOSCF v. Duncan, 164 Or.”

State v. A. R. H., 530 P.3d 897 (Or. 2023). “” Accordingly, we affirm that court’s order, as 1 Juvenile court jurisdiction extends to “any case involving a person who is under 18 years of age and who has committed an act that is a violation, or that if done by an adult would constitute a violation, of a law or ordinance of…”

State ex rel. State Off. for Servs. to Child. & Families v. Klamath Tribe, 11 P.3d 701 (Or. Ct. App. 2000). · cites it 3× “004(13), which provides: “ ‘Indian child’ means any unmarried person less than 18 years of age who is: “(a) A member of an Indian tribe; “(b) Eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe; or “(c) Covered by the terms of an…”

In Re the Marriage of O'Donnell-Lamont, 67 P.3d 939 (Or. Ct. App. 2003). · cites it 2× “[4] A legal parent is "a parent as defined in ORS 419A.004 whose rights have not been terminated under ORS 419B.”

State Ex Rel. State Off. for Servs. to Child. & Families v. Freeman, 23 P.3d 1009 (Or. Ct. App. 2001). · cites it 2× “” ORS 419A.004(21). Finally, if the court determines that the statutory grounds are satisfied by clear and convincing evidence, ORS 419B.”

Show all 134 citing cases →

— Or. Rev. Stat. § 419A.004(1) — 2 cases

State ex rel. Juv. Dep't v. Thompson, 29 P.3d 1221 (Or. Ct. App. 2001).

— Or. Rev. Stat. § 419A.004(10) — 2 cases

Dept. of Human Servs. v. C. C., 343 Or. App. 657 (Or. Ct. App. 2025).

— Or. Rev. Stat. § 419A.004(13) — 6 cases

In The Interest Of A.w. & S.w., Minor Child., Woodbury Cnty. Attorney & A.w. & S.w., Minor Child. Vs. Iowa, 741 N.W.2d 793 (Iowa 2007).

State ex rel. State Off. for Servs. to Child. & Families v. Klamath Tribe, 11 P.3d 701 (Or. Ct. App. 2000). “004(13), which provides: “ ‘Indian child’ means any unmarried person less than 18 years of age who is: “(a) A member of an Indian tribe; “(b) Eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe; or “(c) Covered by the terms of an…”

State v. N. L., 239 P.3d 255 (Or. Ct. App. 2010).

In Re Aw, 741 N.W.2d 793 (Iowa 2007).

State v. NL, 239 P.3d 255 (Or. Ct. App. 2010).

— Or. Rev. Stat. § 419A.004(13)(a) — 1 case

— Or. Rev. Stat. § 419A.004(13)(c) — 1 case

— Or. Rev. Stat. § 419A.004(16) — 6 cases

In Re Marriage of O'Donnell-Lamont, 91 P.3d 721 (Or. 2004). “119(8)(e) (2001) (“legal parent” means parent as defined in ORS 419A.004 whose parental rights have not been terminated); ORS 419A.”

In the Matter of Marriage of Wilson & Wilson, 110 P.3d 1106 (Or. Ct. App. 2005).

State ex rel. Juv. Dep't v. C. D. J., 211 P.3d 289 (Or. Ct. App. 2009).

Dep't of Human Servs. v. J. B., 273 P.3d 196 (Or. Ct. App. 2012).

Dep't of Human Servs. v. J. L. J., 226 P.3d 112 (Or. Ct. App. 2010).

— Or. Rev. Stat. § 419A.004(16)(a) — 1 case

Dep't of Human Servs. v. J. B., 273 P.3d 196 (Or. Ct. App. 2012).

— Or. Rev. Stat. § 419A.004(17) — 7 cases

State Ex Rel. State Off. for Servs. to Child. & Families v. Stillman, 1 P.3d 500 (Or. Ct. App. 2000). “" See ORS 419A.004(17); State ex rel. SOSCF v. Duncan, 164 Or.”

In Re the Marriage of Winczewski, 72 P.3d 1012 (Or. Ct. App. 2003). “[5] "`Legal parent' means a parent as defined in ORS 419A.004 whose rights have not been terminated under ORS 419B.”

State Ex Rel. State Off. for Servs. to Child. & Families v. Wilcox, 986 P.2d 1172 (Or. Ct. App. 1999).

Sears v. Sears, 79 P.3d 359 (Or. Ct. App. 2003).

State Ex Rel. SOSCF v. Hammons, 12 P.3d 983 (Or. Ct. App. 2000).

— Or. Rev. Stat. § 419A.004(18) — 5 cases

State ex rel. Dep't of Human Servs. v. M. A., 205 P.3d 36 (Or. Ct. App. 2009).

Dep't of Human Servs. v. H. R., 250 P.3d 427 (Or. Ct. App. 2011).

State v. L. C., 228 P.3d 594 (Or. Ct. App. 2010).

In Re Ca, 205 P.3d 36 (Or. Ct. App. 2009).

State v. LC, 228 P.3d 594 (Or. Ct. App. 2010).

— Or. Rev. Stat. § 419A.004(2) — 2 cases

Kahn v. Pony Express Courier Corp., 20 P.3d 837 (Or. Ct. App. 2001). “ORS 419A.004(2). We apply that definition to ORS 409.”

Caldwell v. Lucas, 13 P.3d 560 (Or. Ct. App. 2000).

— Or. Rev. Stat. § 419A.004(20) — 42 cases

Dep't of Human Servs. v. T. L., 369 P.3d 1159 (Or. 2016). “” Former ORS 419A.004(20) (2011), renumbered as ORS 419A.”

State Ex Rel. Dep't of Human Servs. v. Radiske, 144 P.3d 943 (Or. Ct. App. 2006).

Dep't of Human Servs. v. D. M. T., 243 P.3d 836 (Or. Ct. App. 2010).

Dep't of Human Servs. v. A. L. M., 259 P.3d 17 (Or. Ct. App. 2011).

Dep't of Human Servs. v. R. K., 351 P.3d 68 (Or. Ct. App. 2015).

— Or. Rev. Stat. § 419A.004(21) — 8 cases

State Ex Rel. State Off. for Servs. to Child. & Families v. Stillman, 36 P.3d 490 (Or. 2001). “The effect of the amendment was to substitute the phrase “reasonable time” for the phrase “foreseeable future.” The former version of the statute did not define “foreseeable future.”

State Ex Rel. State Off. for Servs. to Child. & Families v. Mellor, 47 P.3d 19 (Or. Ct. App. 2002). “" ORS 419A.004(21). Consequently, we must consider all of the circumstances of each individual case, including the mother's and father's conditions and conduct, their impact on the child, and the child's individual needs.”

State Ex Rel. State Off. for Servs. to Child. & Families v. Freeman, 23 P.3d 1009 (Or. Ct. App. 2001). “” ORS 419A.004(21). Finally, if the court determines that the statutory grounds are satisfied by clear and convincing evidence, ORS 419B.”

State Ex Rel. State Off. for Servs. to Child. & Families v. Blum, 28 P.3d 1231 (Or. Ct. App. 2001).

State Ex Rel. State Off. for Servs. to Child. & Families v. Farish, 49 P.3d 811 (Or. Ct. App. 2002).

— Or. Rev. Stat. § 419A.004(23) — 10 cases

Dep't of Human Servs. v. T. L., 369 P.3d 1159 (Or. 2016). “” Former ORS 419A.004(20) (2011), renumbered as ORS 419A.”

State v. J. M. E., 451 P.3d 1018 (Or. Ct. App. 2019). “710(2)(a), in turn, defines “economic damages,” in relevant part, as: “objec- tively verifiable monetary losses including but not limited to reasonable charges necessarily incurred for medical, hospi- tal, nursing and rehabilitative services and other health care services * * *.”

State v. N. R. L., 277 P.3d 564 (Or. Ct. App. 2012).

Dep't of Human Servs. v. D. I. R., 395 P.3d 970 (Or. Ct. App. 2017).

State ex rel. Juv. Dep't v. N. L. D., 246 P.3d 54 (Or. Ct. App. 2010).

— Or. Rev. Stat. § 419A.004(26) — 18 cases

Dept. of Human Servs. v. N. H., 520 P.3d 424 (Or. Ct. App. 2022).

Dept. of Human Servs. v. N. B., 344 Or. App. 124 (Or. Ct. App. 2025).

Dept. of Human Servs. v. A. A. L., 337 Or. App. 134 (Or. Ct. App. 2024).

— Or. Rev. Stat. § 419A.004(27) — 8 cases

State Ex Rel. Upham v. McElligott, 956 P.2d 179 (Or. 1998).

Dept. of Human Servs. v. J. N., 347 Or. App. 567 (Or. Ct. App. 2026).

Dept. of Human Servs. v. M. E. B. -T., 346 Or. App. 609 (Or. Ct. App. 2026).

Dept. of Human Servs. v. M. N. B. (Or. Ct. App. 2026).

— Or. Rev. Stat. § 419A.004(28) — 1 case

State v. C. A. M.-D., 493 P.3d 55 (Or. Ct. App. 2021).

— Or. Rev. Stat. § 419A.004(29) — 3 cases

State v. A. E. A., 549 P.3d 590 (Or. Ct. App. 2024).

State v. A. P., 344 Or. App. 116 (Or. Ct. App. 2025).

— Or. Rev. Stat. § 419A.004(31) — 5 cases

Kahn v. Pony Express Courier Corp., 20 P.3d 837 (Or. Ct. App. 2001). “ORS 419A.004(2). We apply that definition to ORS 409.”

State v. G. L. D., 290 P.3d 852 (Or. Ct. App. 2012).

State v. Nix, 283 P.3d 442 (Or. Ct. App. 2012).

State v. EV, 246 P.3d 78 (Or. Ct. App. 2010).

State v. E. V., 246 P.3d 78 (Or. Ct. App. 2010).

— Or. Rev. Stat. § 419A.004(33) — 2 cases

Kahn v. Pony Express Courier Corp., 20 P.3d 837 (Or. Ct. App. 2001). “ORS 419A.004(2). We apply that definition to ORS 409.”

State ex rel. Juv. Dep't v. Strothers, 97 P.3d 1276 (Or. Ct. App. 2004).

— Or. Rev. Stat. § 419A.004(34)(a) — 2 cases

Dept. of Human Servs. v. Y. B. (Or. 2024).

— Or. Rev. Stat. § 419A.004(34)(b)(C) — 2 cases

Dept. of Human Servs. v. Y. B. (Or. 2024).

— Or. Rev. Stat. § 419A.004(35) — 1 case

State v. C. E. B., 295 P.3d 118 (Or. Ct. App. 2012).

— Or. Rev. Stat. § 419A.004(37) — 2 cases

State v. C. E. B., 295 P.3d 118 (Or. Ct. App. 2012).

G.R. ex rel. Russell v. Dallas Sch. Dist. No. 2, 823 F. Supp. 2d 1120 (D. Or. 2011).

— Or. Rev. Stat. § 419A.004(39) — 1 case

Wyatt B. v. Kotek (9th Cir. 2025).

— Or. Rev. Stat. § 419A.004(7) — 2 cases

State ex rel. Juv. Dep't v. J. F. B., 214 P.3d 827 (Or. Ct. App. 2009).

State Ex Rel. Juv. Dept. v. JFB, 214 P.3d 827 (Or. Ct. App. 2009).

— Or. Rev. Stat. § 419A.004(8) — 1 case

State Ex Rel. Juv. Dep't v. Cooper, 72 P.3d 674 (Or. Ct. App. 2003).

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