419C.453
Detention; when authorized.
(1) Pursuant to a hearing, the juvenile court may order an adjudicated youth
placed in a detention facility for a specific period of time not to exceed
eight days, in addition to time already spent in the facility, unless a program
plan that is in conformance with standards established by the Youth Development
Council has been filed with and approved by the council, in which case the
adjudicated youth may be held in detention for a maximum of 30 days in addition
to time already spent in the facility, when:
(a) The
adjudicated youth has been found to be within the jurisdiction of the juvenile
court by reason of having committed an act that would be a crime if committed
by an adult; or
(b) The
adjudicated youth has been placed on formal probation for an act that would be
a crime if committed by an adult, and has been found to have violated a
condition of that probation.
(2) Pursuant to a
hearing, the juvenile court may order an adjudicated youth who is at least 18
years of age placed in a jail or other place where adults are detained. The
placement must be for a specific period of time and may not exceed eight days
in addition to time already spent in a juvenile detention facility or jail. The
court may order placement under this subsection when:
(a) The
adjudicated youth has been found to be within the jurisdiction of the juvenile
court by reason of having committed an act that would be a crime if committed
by an adult; or
(b) The
adjudicated youth has been placed on formal probation for an act that would be
a crime if committed by an adult, and has been found to have violated a
condition of that probation.
(3) In order to
detain an adjudicated youth under subsection (2) of this section, the court
shall make case-specific findings that placement in a jail or other place where
adults are detained meets the specific needs of the adjudicated youth.
(4) As used in
this section, “adult” does not include a person who is 18 years of age or older
and is alleged to be, or has been found to be, within the jurisdiction of the
juvenile court under ORS 419C.005. [1993 c.33 §231; 2001 c.904 §5; 2001 c.905 §6;
2003 c.396 §111; 2003 c.442 §3; 2005 c.503 §17; 2012 c.37 §61; 2021 c.489 §73]
Notes of Decisions
Cited in
14
cases (
8 in the last 5 years), 1996–2025 · leading case:
State v. B. Y., 537 P.3d 517 (Or. 2023).
State v. B. Y., 537 P.3d 517 (Or. 2023).
· cites it 2× “478 governs placement in OYA custody, listing findings that the court must make before placing a youth in OYA custody. Taken together, the juvenile code gives juvenile courts broad authority to determine the appropri- ate disposition in each individual case.”
State v. J. R., 507 P.3d 778 (Or. Ct. App. 2022).
· cites it 4× “At that hearing, youth argued that, having adjudicated the petition, “the maximum time that [youth] can be held in detention is eight days” under ORS 419C.453,2 and that “[no]thing in the Juvenile Code allow[s] detention time post adjudication beyond those eight days.”
State v. N. K. H., 341 Or. App. 78 (Or. Ct. App. 2025).
“478 (commitment to OYA custody); ORS 419C.453 (authorizing detention).” State v.”
State v. Trice, 933 P.2d 345 (Or. Ct. App. 1997).
“Further, adjudication may result in an “order” of detention, ORS 419C.453, or commitment to the Child Service Division for placement to a residential facility, ORS 419C.”
State Ex Rel. Juv. Dep't v. Rial, 46 P.3d 217 (Or. Ct. App. 2002).
“450, requirements of a period of detention under ORS 419C.453, requirements to pay a fine under ORS 419C.”
State v. D. F. P. C., 336 Or. App. 105 (Or. Ct. App. 2024).
· cites it 3× “ORS 419C.453 articulates specific requirements for placing an adjudicated youth in a detention facility or a jail.”
State v. D. F. P. C., 336 Or. App. 105 (Or. Ct. App. 2024).
· cites it 3× “ORS 419C.453 articulates specific requirements for placing an adjudicated youth in a detention facility or a jail.”
State v. C. L. B., 345 Or. App. 335 (Or. Ct. App. 2025).
· cites it 3× “” The possible dispositions available to the juvenile court that are relevant to the case before us include orders of lim- ited detention upon a probation violation, ORS 419C.453(1)(b); placement in the custody of OYA, ORS 419C.”
State v. D. R. M. (In re D. R. M.), 426 P.3d 250 (Or. Ct. App. 2018).
“"The text, context, and legislative history of ORS 419C.453 all indicate that the legislature intended to authorize the use of detention to punish a youth for a probation violation only in the manner provided for by that statute," which contemplates a juvenile court hearing and…”
State v. N. K. H., 341 Or. App. 78 (Or. Ct. App. 2025).
“478 (commitment to OYA custody); ORS 419C.453 (authorizing detention).” State v.”
State v. Tuter, 314 P.3d 285 (Or. Ct. App. 2013).
“ORS 419C.453(l)(b); ORS 419A.180 (“In case of failure to comply with any order of the juvenile court, the court may proceed for contempt of court against the person failing to comply.”
State v. C. L. B., 345 Or. App. 335 (Or. Ct. App. 2025).
· cites it 3× “” The possible dispositions available to the juvenile court that are relevant to the case before us include orders of limited detention upon a probation violation, ORS 419C.453 (1)(b); placement in the custody of OYA, ORS 419C.”
— Or. Rev. Stat. § 419C.453(1)(a) — 1 case
State v. J. R., 507 P.3d 778 (Or. Ct. App. 2022).
“At that hearing, youth argued that, having adjudicated the petition, “the maximum time that [youth] can be held in detention is eight days” under ORS 419C.453,2 and that “[no]thing in the Juvenile Code allow[s] detention time post adjudication beyond those eight days.”
— Or. Rev. Stat. § 419C.453(1)(b) — 2 cases
State v. C. L. B., 345 Or. App. 335 (Or. Ct. App. 2025).
“” The possible dispositions available to the juvenile court that are relevant to the case before us include orders of lim- ited detention upon a probation violation, ORS 419C.453(1)(b); placement in the custody of OYA, ORS 419C.”
State v. C. L. B., 345 Or. App. 335 (Or. Ct. App. 2025).
“” The possible dispositions available to the juvenile court that are relevant to the case before us include orders of limited detention upon a probation violation, ORS 419C.453 (1)(b); placement in the custody of OYA, ORS 419C.”
— Or. Rev. Stat. § 419C.453(2) — 2 cases
State v. D. F. P. C., 336 Or. App. 105 (Or. Ct. App. 2024).
“ORS 419C.453 articulates specific requirements for placing an adjudicated youth in a detention facility or a jail.”
State v. D. F. P. C., 336 Or. App. 105 (Or. Ct. App. 2024).
“ORS 419C.453 articulates specific requirements for placing an adjudicated youth in a detention facility or a jail.”
— Or. Rev. Stat. § 419C.453(l)(b) — 1 case
State v. Tuter, 314 P.3d 285 (Or. Ct. App. 2013).
“ORS 419C.453(l)(b); ORS 419A.180 (“In case of failure to comply with any order of the juvenile court, the court may proceed for contempt of court against the person failing to comply.”
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