419C.239
Requirements of agreement; disclosure.
(1) A formal accountability agreement shall:
(a) Be completed
within a period of time not to exceed one year;
(b) Be
voluntarily entered into by all parties;
(c) Be revocable
by the youth at any time by a written revocation;
(d) Be revocable
by the juvenile department in the event the department has reasonable cause to
believe the youth has failed to carry out the terms of the formal
accountability agreement or has committed a subsequent offense;
(e) Not be used
as evidence against the youth at any adjudicatory hearing;
(f) Be executed
in writing and expressed in language understandable to the persons involved;
(g) Be signed by
the juvenile department, the youth, the youth’s parent or parents or legal
guardian, and the youth’s counsel, if any; and
(h) Become part
of the youth’s juvenile department record.
(2)
Notwithstanding any other provision of law, the following information contained
in a formal accountability agreement under ORS 419C.230 is not confidential and
is not exempt from disclosure:
(a) The name and
date of birth of the youth;
(b) The act
alleged; and
(c) The portion
of the agreement providing for the disposition of the youth. [1993 c.33 §192;
1995 c.422 §76; 1995 c.440 §4; 1997 c.615 §1; 2005 c.708 §53; 2009 c.595 §366;
2013 c.591 §8; 2016 c.24 §55; 2017 c.20 §5a; 2017 c.21 §105]
Notes of Decisions
State v. J. C. N.-V. (Or. 2016).
· cites it 2× “Thus, the inclusion of the phrase “sophistication and maturity” in ORS 419C.239(3) suggests that the legislature intended that a court look for indicia of adult-like mental, social and emotional development as it relates to a youth’s ability to “appreciate of the nature and…”
State ex rel Juv. Dep't v. Gladen, 7 P.3d 574 (Or. Ct. App. 2000).
· cites it 2× “The requirements of that disposition are set out in ORS 419C.239, which provides, in part: “(1) A formal accountability agreement shall: “(a) Be completed within a period of time not to exceed one year; “(b) Be voluntarily entered into by all parties; * * * * “(f) Be executed in…”
— Or. Rev. Stat. § 419C.239(3) — 1 case
State v. J. C. N.-V. (Or. 2016).
“Thus, the inclusion of the phrase “sophistication and maturity” in ORS 419C.239(3) suggests that the legislature intended that a court look for indicia of adult-like mental, social and emotional development as it relates to a youth’s ability to “appreciate of the nature and…”
— Or. Rev. Stat. § 419C.239(l)(b) — 1 case
State ex rel Juv. Dep't v. Gladen, 7 P.3d 574 (Or. Ct. App. 2000).
“The requirements of that disposition are set out in ORS 419C.239, which provides, in part: “(1) A formal accountability agreement shall: “(a) Be completed within a period of time not to exceed one year; “(b) Be voluntarily entered into by all parties; * * * * “(f) Be executed in…”
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