419C.080
Custody; when authorized.
(1) A peace officer, or any other person authorized by the juvenile court of
the county in which the youth is found, may take a youth into custody in the
following circumstances:
(a) When, if the
youth were an adult, the youth could be arrested without a warrant; or
(b) When the
juvenile court, by order indorsed on the summons as provided in ORS 419C.306 or
otherwise, has ordered that the youth be taken into custody.
(2) In any order
issued under subsection (1)(b) of this section that may result in a substitute
care placement or detention, the court shall include a written finding
describing why it is in the best interests of the youth to be taken into
custody.
(3) A peace
officer or person authorized by the juvenile court shall take a youth into
custody if the peace officer or person authorized by the juvenile court has
probable cause to believe that the youth, while in or on a public building or
court facility within the last 120 days, possessed a firearm or destructive
device in violation of ORS 166.250, 166.370 or 166.382. [1993 c.33 §158; 1993
c.546 §59; 1997 c.727 §1; 1999 c.577 §3; 1999 c.1095 §13; 2001 c.686 §8]
Notes of Decisions
Cited in
6
cases (
3 in the last 5 years), 1995–2024 · leading case:
Brown v. Zenon, 891 P.2d 666 (Or. Ct. App. 1995).
Brown v. Zenon, 891 P.2d 666 (Or. Ct. App. 1995).
“Protective custody is authorized by ORS 419C.080 and ORS 419B.150 only in certain circumstances.”
State v. Smith, 482 P.3d 174 (Or. Ct. App. 2021).
“103(3) and (4), the jurisdiction of the juvenile court of the county in which a youth is taken into custody under ORS 419C.080 and 419C.088 shall attach from the time the youth is taken into custody.”
State v. Cid, 545 P.3d 1278 (Or. Ct. App. 2024).
“005(1) (“The juvenile court has exclusive original jurisdic- tion in 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 the United States or…”
State ex rel. Juv. Dep't v. J. D., 164 P.3d 1182 (Or. Ct. App. 2007).
“150 and others were reenacted as ORS 419C.080. See Or Laws 1993, ch 33, §§ 61,158; Or Laws 1993, ch 546, §§ 27,59.”
State v. Cid (Or. Ct. App. 2024).
“005(1) (“The juvenile court has exclusive original jurisdic- tion in 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 the United States or…”
State Ex Rel. Juv. Dept. v. JD, 164 P.3d 1182 (Or. Ct. App. 2007).
“150 and others were reenacted as ORS 419C.080. See Or. Laws 1993, ch. 33, §§ 61, 158; Or.”
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