419C.250 Who
may file petition; form.
(1) The state, acting through the district attorney, Attorney General or, when
authorized by the district attorney, the juvenile department counselor, may
file a petition alleging that a youth is within the jurisdiction of the court
as provided in ORS 419C.005.
(2) At any time
after a petition is filed, the court may make an order providing for the
temporary custody of the youth.
(3) The petition
and all subsequent court documents in the proceeding shall be entitled, “In the
Matter of ________, a youth.” The petition shall be in writing and verified
upon the information and belief of the petitioner. [1993 c.546 §70 (enacted in
lieu of 1993 c.33 §195); 1995 c.422 §77; 1999 c.59 §120]
Notes of Decisions
Cited in
6
cases (
2 in the last 5 years), 1996–2023 · leading case:
State v. B. Y., 537 P.3d 517 (Or. 2023).
State v. B. Y., 537 P.3d 517 (Or. 2023).
“001 (listing the three phases of the juvenile justice system as “initiation, adjudi- cation and disposition”).”
State v. S.-Q. K. (In re S.-Q. K.), 426 P.3d 659 (Or. Ct. App. 2018).
“005"); ORS 419C.250(1) (identifying who is permitted to file "a petition alleging that a youth is within the jurisdiction of the court as provided in ORS 419C.”
State v. Godines, 236 P.3d 824 (Or. Ct. App. 2010).
· cites it 2× “In addition, as introduced, section 84, amended ORS 419C.250 (pertaining to the petition alleging that a child was within the jurisdiction of the juvenile court) to include a new subsection providing, “The district attorney may not delay or prevent the filing of a petition under…”
State v. Lawler, 927 P.2d 99 (Or. Ct. App. 1996).
“On that charge, the state filed a delinquency petition in juvenile court, ORS 419C.250 et seq, and defendant was remanded back to circuit court to be tried as an adult, pursuant to ORS 419C.”
State Ex Rel. Juv. Dep't v. Alderson, 932 P.2d 97 (Or. Ct. App. 1997).
· cites it 5× “The juvenile court denied child’s motions, concluding that it did not have authority to grant the motions because the statutes that authorize the court to modify or set aside an order or to dismiss a petition are overridden by the specific requirements of ORS 419A.”
State v. V. L., 509 P.3d 142 (Or. Ct. App. 2022).
“In an amended petition pursuant to ORS 419C.250, the state alleged that youth was 16 years old and was within the juvenile court’s jurisdiction for acts that, if committed by an adult, would constitute unlawful delivery of a marijuana item, ORS 475C.”
— Or. Rev. Stat. § 419C.250(1) — 1 case
State v. S.-Q. K. (In re S.-Q. K.), 426 P.3d 659 (Or. Ct. App. 2018).
“005"); ORS 419C.250(1) (identifying who is permitted to file "a petition alleging that a youth is within the jurisdiction of the court as provided in ORS 419C.”
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