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Oregon Revised Statutes

Or. Rev. Stat. § 419C.261 (2026)

Amendment and dismissal of petition

✓ current as of May 2026
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      419C.261 Amendment and dismissal of petition. (1) The court, on motion of an interested party or on its own motion, may at any time direct that the petition be amended. If the amendment results in a substantial departure from the facts originally alleged, the court shall grant such continuance as the interests of justice may require. When the court directs the amendment of a petition alleging that a youth has committed an act that would constitute a sex crime, as defined in ORS 163A.005, if committed by an adult, the court shall make written findings stating the reason for directing the amendment.

      (2)(a) The court may set aside or dismiss a petition filed under ORS 419C.005 in furtherance of justice after considering the circumstances of the youth and the interests of the state in the adjudication of the petition.

      (b) If the victim requests notice, the district attorney or juvenile department shall notify the victim of a hearing to amend the petition in advance of the hearing.

      (c) When the court sets aside or dismisses a petition alleging that a youth has committed an act that would constitute a sex crime, as defined in ORS 163A.005, if committed by an adult, the court shall make written findings stating the reason for setting aside or dismissing the petition. [1993 c.33 §200; 1995 c.422 §77a; 2001 c.803 §7; 2007 c.609 §23; 2009 c.178 §24]

 

CRIMINAL PROCEDURE LAWS

Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 1999–2025 · leading case: State v. M. A. S., 462 P.3d 284 (Or. Ct. App. 2020).
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State v. M. A. S., 462 P.3d 284 (Or. Ct. App. 2020). · cites it 10× “) The state responded: “ORS 419C.261 allows in a juvenile matter an amendment and dismissal of a petition at any time.”
State Ex Rel. Juv. Dept. v. Dreyer, 976 P.2d 1123 (Or. 1999). · cites it 9× “He relies primarily on ORS 419C.261(2), which authorizes a juvenile court to "set aside or dismiss a petition filed under ORS 419C.”
State v. C. E. B., 295 P.3d 118 (Or. Ct. App. 2012). · cites it 8× “On June 29, 2010, when youth was 24 years old, he filed a motion to dismiss the delinquency petition pursuant to ORS 419C.261(2) 1 and also sought to set aside the order finding him to be within the jurisdiction of the juvenile court.”
State Ex Rel. Juv. Dep't v. Tyree, 33 P.3d 729 (Or. Ct. App. 2001). · cites it 2× “In March 2000, youth moved to dismiss the delinquency petition, ORS 419C.261(2), 2 and to set aside the judgment, ORS 419C.”
State v. S.-Q. K. (In re S.-Q. K.), 426 P.3d 659 (Or. Ct. App. 2018). “"); ORS 419C.261(2)(a) (allowing for dismissal of "petition filed under ORS 419C.”
State v. G. K. S., 564 P.3d 152 (Or. Ct. App. 2025). · cites it 5× “As an initial matter, it is worth observing that no party addresses the juvenile court’s authority under ORS 419C.261, which includes the ability to amend the petition and grant a continuance as the interests of justice may require, or to set aside or dismiss the petition in…”
State v. G. K. S., 337 Or. App. 535 (Or. Ct. App. 2025). · cites it 5× “As an initial matter, it is worth observing that no party addresses the juvenile court’s authority under ORS 419C.261, which includes the ability to amend the petition and grant a continuance as the interests of justice may require, or to set aside or dismiss the petition in…”
State v. T. Q. N., 365 P.3d 1112 (Or. Ct. App. 2015). · cites it 12× “In his memorandum, youth argued that the court has authority to grant his motion under ORS 419C.261. 1 The state opposed the motion, arguing only that the Washington County conditional postponement program is unlawful and not that the youth was an inappropriate candidate for the…”
State v. L. M. W., 365 P.3d 1181 (Or. Ct. App. 2015). · cites it 10× “Youth assigns error to the juvenile court’s denial of his motion to amend or dismiss the delinquency petition, contending that the juvenile court erroneously concluded that it lacked authority under ORS 419C.261 to amend or dismiss the petition before the court adjudicated it or…”
State ex rel. Juv. Dep't v. Deyer, 976 P.2d 1123 (Or. 1999). · cites it 7× “He relies primarily on ORS 419C.261(2), which authorizes a juvenile court to “set aside or dismiss a petition filed under ORS 419C.”
State v. E. C.-P. (In re E. C.-P.), 410 P.3d 1045 (Or. Ct. App. 2017). “And, second, youth concedes that it is undisputed that the court had no authority to "defer" the requirements of sex offender registration and submission of a DNA sample, which were mandatory conditions in 2004 and remain mandatory today.”
State v. P. T. (In re P. T.), 433 P.3d 778 (Or. Ct. App. 2018). “See ORS 419C.261(2) (allowing juvenile court to "dismiss a petition filed under ORS 419C.”
Show all 14 citing cases →
— Or. Rev. Stat. § 419C.261(1) — 2 cases
State v. M. A. S., 462 P.3d 284 (Or. Ct. App. 2020). “) The state responded: “ORS 419C.261 allows in a juvenile matter an amendment and dismissal of a petition at any time.”
State v. D. M. T., 295 P.3d 175 (Or. Ct. App. 2013).
— Or. Rev. Stat. § 419C.261(2) — 7 cases
State Ex Rel. Juv. Dept. v. Dreyer, 976 P.2d 1123 (Or. 1999). “He relies primarily on ORS 419C.261(2), which authorizes a juvenile court to "set aside or dismiss a petition filed under ORS 419C.”
State v. C. E. B., 295 P.3d 118 (Or. Ct. App. 2012). “On June 29, 2010, when youth was 24 years old, he filed a motion to dismiss the delinquency petition pursuant to ORS 419C.261(2) 1 and also sought to set aside the order finding him to be within the jurisdiction of the juvenile court.”
State Ex Rel. Juv. Dep't v. Tyree, 33 P.3d 729 (Or. Ct. App. 2001). “In March 2000, youth moved to dismiss the delinquency petition, ORS 419C.261(2), 2 and to set aside the judgment, ORS 419C.”
State ex rel. Juv. Dep't v. Deyer, 976 P.2d 1123 (Or. 1999). “He relies primarily on ORS 419C.261(2), which authorizes a juvenile court to “set aside or dismiss a petition filed under ORS 419C.”
State v. L. M. W., 365 P.3d 1181 (Or. Ct. App. 2015). “Youth assigns error to the juvenile court’s denial of his motion to amend or dismiss the delinquency petition, contending that the juvenile court erroneously concluded that it lacked authority under ORS 419C.261 to amend or dismiss the petition before the court adjudicated it or…”
— Or. Rev. Stat. § 419C.261(2)(a) — 2 cases
State v. S.-Q. K. (In re S.-Q. K.), 426 P.3d 659 (Or. Ct. App. 2018). “"); ORS 419C.261(2)(a) (allowing for dismissal of "petition filed under ORS 419C.”
State v. T. Q. N., 365 P.3d 1112 (Or. Ct. App. 2015). “In his memorandum, youth argued that the court has authority to grant his motion under ORS 419C.261. 1 The state opposed the motion, arguing only that the Washington County conditional postponement program is unlawful and not that the youth was an inappropriate candidate for the…”
— Or. Rev. Stat. § 419C.261(2)(c) — 1 case
State v. L. M. W., 365 P.3d 1181 (Or. Ct. App. 2015). “Youth assigns error to the juvenile court’s denial of his motion to amend or dismiss the delinquency petition, contending that the juvenile court erroneously concluded that it lacked authority under ORS 419C.261 to amend or dismiss the petition before the court adjudicated it or…”
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