419A.150
Appointment; qualifications; hearings; orders; rehearings. (1) The judge of the juvenile
court may appoint one or more persons as referee of the juvenile court. A
referee shall be appointed in every county in which there is no resident
juvenile court judge. A person appointed referee must be qualified by training
and experience in the handling of juvenile matters, must have such further
qualifications as may be prescribed by law and holds office as referee at the
pleasure of the judge. The state shall pay the compensation of a referee
appointed by the judge of a circuit court from funds available for the purpose.
The county shall pay the compensation of a referee appointed by the judge of a
county court.
(2) The judge may
direct that any case, or all cases of a class designated by the judge, be
processed or heard in the first instance by a referee in the manner provided
for the hearing of cases by the court. Upon conclusion of the hearing in each
case, the referee shall transmit to the judge the findings, recommendations or
order in writing of the referee.
(3) When the
referee conducts a hearing, the persons entitled to request rehearing as
provided in subsection (7) of this section must be notified of the referee’s
findings, recommendations or order, together with a notice to the effect that a
rehearing may be had before a judge if requested within 10 days. A rehearing
before a judge of the juvenile court may be determined on the same evidence
introduced before the referee if a stenographic transcript of the proceedings
was kept, but, in any case, additional evidence may be presented.
(4) All orders of
a referee become immediately effective, subject to the right of review provided
in this section, and continue in full force and effect, unless stayed by order
of the referee or by a juvenile court judge, until vacated or modified upon rehearing
by order of a judge of the juvenile court. Any order entered by a referee
becomes a final order of the juvenile court upon expiration of 10 days
following its entry, unless a rehearing is ordered or requested.
(5) The judge of
the juvenile court or, in counties having more than one judge of the juvenile
court, the presiding judge of the juvenile court may establish requirements
that any or all orders of referees must be expressly approved by a judge of the
juvenile court before becoming effective.
(6) A judge of
the juvenile court may, on the judge’s own motion, order a rehearing of any
matter heard before a referee.
(7) At any time
prior to the expiration of 10 days after the entry of the order and findings of
a referee into the court register, a child, ward, youth, adjudicated youth, the
parent, guardian, district attorney, Department of Human Services, juvenile department
or other party affected by the order may request rehearing. The request for
rehearing must be served upon all parties by the party requesting the
rehearing.
(8) All
rehearings of matters heard before a referee shall be heard expeditiously by a
judge of the juvenile court within 30 days after the filing of the request,
unless the court orders a continuance. In no event may the rehearing occur
later than 45 days after the date of the filing of the request. The rehearing
is conducted de novo.
(9)
Notwithstanding subsection (7) of this section, when a referee finds that a
youth is not within the jurisdiction of the court in a proceeding brought under
ORS 419C.005, the district attorney may not request a rehearing. [1993 c.33 §43;
1993 c.546 §7; 2003 c.396 §24; 2021 c.489 §44]
419A.170 [1993 c.33 §44; 1993 c.546 §92;
1993 c.676 §41; 1997 c.130 §12; 2001 c.962 §91; 2003 c.396 §§25,26; 2005 c.755 §35;
2011 c.190 §1; repealed by 2012 c.97 §1]
CONTEMPT
Notes of Decisions
Dep't of Human Servs. v. J. R. D., 398 P.3d 489 (Or. Ct. App. 2017).
· cites it 48× “2 After the referee entered that order, mother made a timely request for a rehearing before a juvenile court judge under ORS 419A.150, seeking to present additional evidence to rebut DHS’s previously proven case.”
Dep't of Human Servs. v. S. S., 375 P.3d 556 (Multnomah Cty. Cir. Ct., O.R. 2016).
“See ORS 419A.150(7), (8) (within 10 days of entry of a referee’s order and findings, a parent “may request rehearing”; “a judge of the juvenile court” conducts the rehearing de novo).”
State Ex Rel. Juv. Dep't v. Rial, 46 P.3d 217 (Or. Ct. App. 2002).
· cites it 2× “See ORS 419A.150 (providing that, upon request of a party or on the judge’s own motion, a judge of the juvenile court shall rehear a matter heard by a referee).”
State Ex Rel. Juv. Dep't v. Kopp, 43 P.3d 1197 (Or. Ct. App. 2002).
· cites it 2× “See ORS 419A.150 (providing that the judge of the juvenile court may direct that a case be heard by a referee and that, when the referee conducts a hearing, all orders of the referee shall become immediately effective, subject to a right of review by a judge; the party affected…”
Dep't of Human Servs. v. B. P., 370 P.3d 536 (Or. Ct. App. 2016).
· cites it 6× “ORS 419A.150(1). Moreover, “[t]he judge may direct that any case, or all cases of a class designated by the judge, be processed or heard in the first instance by a referee in the manner provided for the hearing of cases by the court.”
State ex rel. Juv. Dep't v. J. W., 193 P.3d 20 (Or. 2008).
· cites it 2× “Acknowledging that it has changed its position since the matter was heard by the Court of Appeals, the state responds that ORS 419A.150, the statute authorizing juvenile referees to conduct juvenile court proceedings, permits *298 referees to enter orders, but not judgments;…”
State ex rel. Juv. Dep't v. M. T., 899 P.2d 1192 (Or. 1995).
“581 (1981) (now revised and codified as ORS 419A.150) provided in relevant part: “(6) A judge of the juvenile court may, on own motion, order a rehearing of any matter heard before a referee.”
Dept. of Human Servs. v. M. A. T. (Or. Ct. App. 2024).
· cites it 13× “2 Mother then moved for a rehearing under ORS 419A.150 in front of a juvenile court judge challenging the referee’s order.”
Dept. of Human Servs. v. M. A. T. (Or. Ct. App. 2024).
· cites it 13× “2 Mother then moved for a rehearing under ORS 419A.150 in front of a juvenile court judge challenging the referee’s order.”
State Ex Rel. Juv. Dept. v. Jw, 193 P.3d 20 (Or. 2008).
· cites it 4× “Acknowledging that it has changed its position since the matter was heard by the Court of Appeals, the state responds that ORS 419A.150, the statute authorizing juvenile referees to conduct juvenile court proceedings, permits referees to enter orders, but not judgments;…”
State Ex Rel Juv. Dept. v. NLD, 246 P.3d 54 (Or. Ct. App. 2010).
“Youth filed a motion to reconsider pursuant to ORS 419A.150(7), arguing that the account is not a "victim" as that word is defined in the Juvenile Code and, therefore, the referee erred in imposing restitution.”
— Or. Rev. Stat. § 419A.150(1) — 4 cases
Dep't of Human Servs. v. J. R. D., 398 P.3d 489 (Or. Ct. App. 2017).
“2 After the referee entered that order, mother made a timely request for a rehearing before a juvenile court judge under ORS 419A.150, seeking to present additional evidence to rebut DHS’s previously proven case.”
Dep't of Human Servs. v. B. P., 370 P.3d 536 (Or. Ct. App. 2016).
“ORS 419A.150(1). Moreover, “[t]he judge may direct that any case, or all cases of a class designated by the judge, be processed or heard in the first instance by a referee in the manner provided for the hearing of cases by the court.”
Dept. of Human Servs. v. M. A. T. (Or. Ct. App. 2024).
“2 Mother then moved for a rehearing under ORS 419A.150 in front of a juvenile court judge challenging the referee’s order.”
Dept. of Human Servs. v. M. A. T. (Or. Ct. App. 2024).
“2 Mother then moved for a rehearing under ORS 419A.150 in front of a juvenile court judge challenging the referee’s order.”
— Or. Rev. Stat. § 419A.150(2) — 4 cases
Dep't of Human Servs. v. J. R. D., 398 P.3d 489 (Or. Ct. App. 2017).
“2 After the referee entered that order, mother made a timely request for a rehearing before a juvenile court judge under ORS 419A.150, seeking to present additional evidence to rebut DHS’s previously proven case.”
Dep't of Human Servs. v. B. P., 370 P.3d 536 (Or. Ct. App. 2016).
“ORS 419A.150(1). Moreover, “[t]he judge may direct that any case, or all cases of a class designated by the judge, be processed or heard in the first instance by a referee in the manner provided for the hearing of cases by the court.”
Dept. of Human Servs. v. M. A. T. (Or. Ct. App. 2024).
“2 Mother then moved for a rehearing under ORS 419A.150 in front of a juvenile court judge challenging the referee’s order.”
Dept. of Human Servs. v. M. A. T. (Or. Ct. App. 2024).
“2 Mother then moved for a rehearing under ORS 419A.150 in front of a juvenile court judge challenging the referee’s order.”
— Or. Rev. Stat. § 419A.150(3) — 3 cases
Dep't of Human Servs. v. J. R. D., 398 P.3d 489 (Or. Ct. App. 2017).
“2 After the referee entered that order, mother made a timely request for a rehearing before a juvenile court judge under ORS 419A.150, seeking to present additional evidence to rebut DHS’s previously proven case.”
Dept. of Human Servs. v. M. A. T. (Or. Ct. App. 2024).
“2 Mother then moved for a rehearing under ORS 419A.150 in front of a juvenile court judge challenging the referee’s order.”
Dept. of Human Servs. v. M. A. T. (Or. Ct. App. 2024).
“2 Mother then moved for a rehearing under ORS 419A.150 in front of a juvenile court judge challenging the referee’s order.”
— Or. Rev. Stat. § 419A.150(4) — 4 cases
Dep't of Human Servs. v. J. R. D., 398 P.3d 489 (Or. Ct. App. 2017).
“2 After the referee entered that order, mother made a timely request for a rehearing before a juvenile court judge under ORS 419A.150, seeking to present additional evidence to rebut DHS’s previously proven case.”
Dep't of Human Servs. v. B. P., 370 P.3d 536 (Or. Ct. App. 2016).
“ORS 419A.150(1). Moreover, “[t]he judge may direct that any case, or all cases of a class designated by the judge, be processed or heard in the first instance by a referee in the manner provided for the hearing of cases by the court.”
Dept. of Human Servs. v. M. A. T. (Or. Ct. App. 2024).
“2 Mother then moved for a rehearing under ORS 419A.150 in front of a juvenile court judge challenging the referee’s order.”
Dept. of Human Servs. v. M. A. T. (Or. Ct. App. 2024).
“2 Mother then moved for a rehearing under ORS 419A.150 in front of a juvenile court judge challenging the referee’s order.”
— Or. Rev. Stat. § 419A.150(6) — 4 cases
Dep't of Human Servs. v. J. R. D., 398 P.3d 489 (Or. Ct. App. 2017).
“2 After the referee entered that order, mother made a timely request for a rehearing before a juvenile court judge under ORS 419A.150, seeking to present additional evidence to rebut DHS’s previously proven case.”
Dep't of Human Servs. v. B. P., 370 P.3d 536 (Or. Ct. App. 2016).
“ORS 419A.150(1). Moreover, “[t]he judge may direct that any case, or all cases of a class designated by the judge, be processed or heard in the first instance by a referee in the manner provided for the hearing of cases by the court.”
Dept. of Human Servs. v. M. A. T. (Or. Ct. App. 2024).
“2 Mother then moved for a rehearing under ORS 419A.150 in front of a juvenile court judge challenging the referee’s order.”
Dept. of Human Servs. v. M. A. T. (Or. Ct. App. 2024).
“2 Mother then moved for a rehearing under ORS 419A.150 in front of a juvenile court judge challenging the referee’s order.”
— Or. Rev. Stat. § 419A.150(7) — 8 cases
Dep't of Human Servs. v. S. S., 375 P.3d 556 (Multnomah Cty. Cir. Ct., O.R. 2016).
“See ORS 419A.150(7), (8) (within 10 days of entry of a referee’s order and findings, a parent “may request rehearing”; “a judge of the juvenile court” conducts the rehearing de novo).”
Dep't of Human Servs. v. J. R. D., 398 P.3d 489 (Or. Ct. App. 2017).
“2 After the referee entered that order, mother made a timely request for a rehearing before a juvenile court judge under ORS 419A.150, seeking to present additional evidence to rebut DHS’s previously proven case.”
State ex rel. Juv. Dep't v. J. W., 193 P.3d 20 (Or. 2008).
“Acknowledging that it has changed its position since the matter was heard by the Court of Appeals, the state responds that ORS 419A.150, the statute authorizing juvenile referees to conduct juvenile court proceedings, permits *298 referees to enter orders, but not judgments;…”
Dep't of Human Servs. v. B. P., 370 P.3d 536 (Or. Ct. App. 2016).
“ORS 419A.150(1). Moreover, “[t]he judge may direct that any case, or all cases of a class designated by the judge, be processed or heard in the first instance by a referee in the manner provided for the hearing of cases by the court.”
State Ex Rel Juv. Dept. v. NLD, 246 P.3d 54 (Or. Ct. App. 2010).
“Youth filed a motion to reconsider pursuant to ORS 419A.150(7), arguing that the account is not a "victim" as that word is defined in the Juvenile Code and, therefore, the referee erred in imposing restitution.”
— Or. Rev. Stat. § 419A.150(8) — 3 cases
Dep't of Human Servs. v. J. R. D., 398 P.3d 489 (Or. Ct. App. 2017).
“2 After the referee entered that order, mother made a timely request for a rehearing before a juvenile court judge under ORS 419A.150, seeking to present additional evidence to rebut DHS’s previously proven case.”
Dept. of Human Servs. v. M. A. T. (Or. Ct. App. 2024).
“2 Mother then moved for a rehearing under ORS 419A.150 in front of a juvenile court judge challenging the referee’s order.”
Dept. of Human Servs. v. M. A. T. (Or. Ct. App. 2024).
“2 Mother then moved for a rehearing under ORS 419A.150 in front of a juvenile court judge challenging the referee’s order.”
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