419C.446
Probation; requirements.
(1) When a court determines it would be in the best interest and welfare of an
adjudicated youth, the court may place the adjudicated youth on probation. The
court may direct that the adjudicated youth remain in the legal custody of the
adjudicated youth’s parents or other person with whom the adjudicated youth is
living, or the court may direct that the adjudicated youth be placed in the
legal custody of some relative or some person maintaining a foster home
approved by the court, or in a child care center or a youth care center
authorized to accept the adjudicated youth.
(2) The court may
specify particular requirements to be observed during the probation consistent
with recognized juvenile court practice, including but not limited to
restrictions on visitation by the adjudicated youth’s parents, restrictions on
the adjudicated youth’s associates, occupation and activities, restrictions on
and requirements to be observed by the person having the adjudicated youth’s
legal custody, requirements for visitation by and consultation with a juvenile
counselor or other suitable counselor, requirements to make restitution under
ORS 419C.450, requirements of a period of detention under ORS 419C.453,
requirements to perform community service under ORS 419C.462, or service for
the victim under ORS 419C.465, or requirements to submit to blood or buccal
testing under ORS 419C.473.
(3) If the
adjudicated youth is a sex offender, as defined in ORS 163A.005, the juvenile
department shall notify the chief of police, if the adjudicated youth is going
to reside within a city, and the county sheriff of the county in which the
adjudicated youth is going to reside of the adjudicated youth’s release on
probation and the requirements imposed on the adjudicated youth’s probation
under subsection (2) of this section.
(4)(a) The court,
juvenile department or any other agency may not order the adjudicated youth or
the adjudicated youth’s parent or guardian to pay any fee, cost or surcharge as
a condition of probation or to pay any probation supervision fee.
(b)
Notwithstanding paragraph (a) of this subsection, an adjudicated youth or the
adjudicated youth’s parent or guardian may pay fees or costs associated with
participating in a program under this section through public or private
insurance or by private means. [1993 c.33 §229; 1993 c.546 §88; 1997 c.725 §1;
1999 c.97 §5; 2001 c.884 §8; 2003 c.396 §109; 2011 c.597 §136; 2021 c.489 §70;
2021 c.597 §21a]
419C.449 [1997 c.725 §3; 2001 c.485 §2;
2003 c.396 §110; 2021 c.489 §71; repealed by 2021 c.597 §37]
Notes of Decisions
State Ex Rel. Juv. Dep't v. Rial, 46 P.3d 217 (Or. Ct. App. 2002).
· cites it 12× “ORS 419C.446 (1997) established the juvenile court’s authority to impose conditions of probation.”
State v. B. Y., 537 P.3d 517 (Or. 2023).
· cites it 2× “See ORS 419C.446 (stat- ing that the court may “direct” that the adjudicated youth remain in parental custody or the court may place a youth in the custody of a relative, foster home, or child care cen- ter); ORS 419C.”
State v. T. J. L., 558 P.3d 855 (Or. Ct. App. 2024).
“ORS 419C.446(1) autho- rizes a variety of different community placement options for youths on probation, without any stated preference among them.”
State Ex Rel. Juv. Dept. v. Nicholls, 87 P.3d 680 (Or. Ct. App. 2004).
“ORS 419C.446. [9] ORS 419C.005(1) provides, in pertinent part, that "the juvenile court has exclusive original jurisdiction in any case involving a person who is under 18 years of age and who has committed an act which is a violation" of law.”
State ex rel. Juv. Dep't v. Ware, 927 P.2d 1114 (Or. Ct. App. 1996).
· cites it 3× “ORS 419C.446. Paragraph 13 of the juvenile court’s order of disposition requires child to pay “probation supervision fees” in the amount of $8.”
State ex rel. Juv. Dep't v. Ortiz, 65 P.3d 1118 (Or. Ct. App. 2003).
“ORS 419C.446. In March 1998, youth was found to have violated the terms of his probation; the juvenile court continued his probation and placed him in the legal custody of OYA for an indefinite period, ORS 419C.”
State v. Tuter, 314 P.3d 285 (Or. Ct. App. 2013).
“ORS 419C.446. Youths who violate conditions of probation may be placed in detention or held in contempt of court.”
State ex rel. Juv. Dep't v. Nicholls, 87 P.3d 680 (Or. Ct. App. 2004).
“ORS 419C.446. ORS 419C.005(1) provides, in pertinent part, that “the juvenile court has exclusive original jurisdiction in any case involving a person who is under 18 years of age and who has committed an act which is a violation” of law.”
State v. C. M. C, 316 P.3d 316 (Or. Ct. App. 2013).
“ollow all treatment recommendations,” reasoning: “I do think it’s — in a way — a way of making amends also given the fact that nobody is asking for restitution, which could be substantial, and for the expense that the system has undergone in terms of police time investigating,…”
— Or. Rev. Stat. § 419C.446(1) — 1 case
State v. T. J. L., 558 P.3d 855 (Or. Ct. App. 2024).
“ORS 419C.446(1) autho- rizes a variety of different community placement options for youths on probation, without any stated preference among them.”
— Or. Rev. Stat. § 419C.446(2) — 2 cases
State ex rel. Juv. Dep't v. Ware, 927 P.2d 1114 (Or. Ct. App. 1996).
“ORS 419C.446. Paragraph 13 of the juvenile court’s order of disposition requires child to pay “probation supervision fees” in the amount of $8.”
State v. C. M. C, 316 P.3d 316 (Or. Ct. App. 2013).
“ollow all treatment recommendations,” reasoning: “I do think it’s — in a way — a way of making amends also given the fact that nobody is asking for restitution, which could be substantial, and for the expense that the system has undergone in terms of police time investigating,…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.