419C.400
Conduct of hearings.
(1) The hearing shall be held by the court without a jury and may be continued
from time to time.
(2) The facts
alleged in the petition showing the youth to be within the jurisdiction of the
court as provided in ORS 419C.005, unless admitted, must be established beyond
a reasonable doubt.
(3) If the youth
files written notice of intent to rely on the defense set forth in ORS
419C.522, the youth has the burden of proving the defense by a preponderance of
the evidence.
(4) For the
purpose of determining proper disposition of the youth, testimony, reports or
other material relating to the youth’s mental, physical and social history and
prognosis may be received by the court without regard to their competency or
relevancy under the rules of evidence.
(5) An
adjudication by a juvenile court that a youth is within its jurisdiction is not
a conviction of a crime or offense. [1993 c.33 §223; 1993 c.546 §87; 2005 c.843
§9]
Notes of Decisions
Cited in
33
cases (
8 in the last 5 years), 1994–2025 · leading case:
State v. M. A. S., 462 P.3d 284 (Or. Ct. App. 2020).
State v. M. A. S., 462 P.3d 284 (Or. Ct. App. 2020).
· cites it 3× “The juvenile court’s order has the same effect as an adjudication under ORS 419C.400.” ORS 419C.067. (Emphases added.”
State v. Godines, 236 P.3d 824 (Or. Ct. App. 2010).
· cites it 3× “” Thus, if the person was subject to its jurisdiction, the juvenile court could either adjudicate the case and enter an appropriate order directing the disposition to be made, see ORS 419C.400 (1993); 11 ORS 419C.411 *416 (1993), 12 or, in certain circumstances, the juvenile…”
State v. B. Y., 537 P.3d 517 (Or. 2023).
“ORS 419C.400. If the juvenile court finds that the youth did engage in the conduct alleged, it finds the youth within its jurisdiction and enters a disposition order.”
State v. Harris, 118 P.3d 236 (Or. 2005).
“See ORS 419C.400(4) (juvenile court adjudication “is not a conviction of a crime or offense”).”
State v. S.-Q. K. (In re S.-Q. K.), 426 P.3d 659 (Or. Ct. App. 2018).
“, ORS 419C.400(5) ("An adjudication by a juvenile court that a youth is within its jurisdiction is not a conviction of a crime or offense.”
State Ex Rel. Upham v. McElligott, 956 P.2d 179 (Or. 1998).
· cites it 7× “ORS 419C.400 prescribes the manner of conducting a hearing in such cases: “(1) The hearing shall be held by the court without a jury and may be continued from time to time.”
State v. Barrett, 255 P.3d 472 (Or. 2011).
“005(1) (jurisdiction of juvenile court extends to cases involving any juvenile 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 a state, county or city”); ORS 419C.400(5) (“An…”
State v. L. P. L. O., 381 P.3d 846 (Or. Ct. App. 2016).
“005”); ORS 419C.400 - 419C.420 (adjudication of facts alleged in the petition).”
State Ex Rel. Juv. Dept. v. Fitch, 84 P.3d 190 (Or. Ct. App. 2004).
“ORS 419C.400. Nor, moreover, are juvenile dispositions the legal equivalent of criminal sentences.”
State Ex Rel. Juv. Dep't v. Mitchell, 920 P.2d 1103 (Or. Ct. App. 1996).
“ORS 419C.400(2). Child argues that there was insufficient evidence to find beyond a reasonable doubt that the state proved every element of the offense of unauthorized use of a vehicle.”
— Or. Rev. Stat. § 419C.400(1) — 5 cases
State Ex Rel. Upham v. McElligott, 956 P.2d 179 (Or. 1998).
“ORS 419C.400 prescribes the manner of conducting a hearing in such cases: “(1) The hearing shall be held by the court without a jury and may be continued from time to time.”
— Or. Rev. Stat. § 419C.400(2) — 11 cases
State Ex Rel. Juv. Dep't v. Mitchell, 920 P.2d 1103 (Or. Ct. App. 1996).
“ORS 419C.400(2). Child argues that there was insufficient evidence to find beyond a reasonable doubt that the state proved every element of the offense of unauthorized use of a vehicle.”
— Or. Rev. Stat. § 419C.400(4) — 5 cases
State v. Harris, 118 P.3d 236 (Or. 2005).
“See ORS 419C.400(4) (juvenile court adjudication “is not a conviction of a crime or offense”).”
State v. Godines, 236 P.3d 824 (Or. Ct. App. 2010).
“” Thus, if the person was subject to its jurisdiction, the juvenile court could either adjudicate the case and enter an appropriate order directing the disposition to be made, see ORS 419C.400 (1993); 11 ORS 419C.411 *416 (1993), 12 or, in certain circumstances, the juvenile…”
State Ex Rel. Upham v. McElligott, 956 P.2d 179 (Or. 1998).
“ORS 419C.400 prescribes the manner of conducting a hearing in such cases: “(1) The hearing shall be held by the court without a jury and may be continued from time to time.”
— Or. Rev. Stat. § 419C.400(5) — 5 cases
State v. S.-Q. K. (In re S.-Q. K.), 426 P.3d 659 (Or. Ct. App. 2018).
“, ORS 419C.400(5) ("An adjudication by a juvenile court that a youth is within its jurisdiction is not a conviction of a crime or offense.”
State v. Barrett, 255 P.3d 472 (Or. 2011).
“005(1) (jurisdiction of juvenile court extends to cases involving any juvenile 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 a state, county or city”); ORS 419C.400(5) (“An…”
State v. M. A. S., 462 P.3d 284 (Or. Ct. App. 2020).
“The juvenile court’s order has the same effect as an adjudication under ORS 419C.400.” ORS 419C.067. (Emphases added.”
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