419C.478
Commitment to Oregon Youth Authority or Department of Human Services. (1) The court may, in addition to
probation or any other dispositional order, place an adjudicated youth who is
at least 12 years of age in the legal custody of the Oregon Youth Authority for
care, placement and supervision or, when authorized under subsection (3) of
this section, place an adjudicated youth in the legal custody of the Department
of Human Services for care, placement and supervision. In any order issued
under this section, the court shall include written findings describing why it
is in the best interests of the adjudicated youth to be placed with the youth
authority or the department.
(2) If the court
places an adjudicated youth under subsection (1) of this section, the court may
specify the type of care, supervision or services to be provided by the youth
authority or the department to adjudicated youths placed in the youth authority’s
or department’s custody and to the parents or guardians of the adjudicated
youths, but the actual planning and provision of the care, supervision,
security or services is the responsibility of the youth authority or the
department. The youth authority or the department may place the adjudicated
youth in a youth care center or other facility authorized to accept the
adjudicated youth.
(3) The court may
place an adjudicated youth in the legal custody of the department under
subsection (1) of this section if:
(a) The court has
determined that a period of out-of-home placement and supervision should be
part of the disposition in the case;
(b) The court
finds that, because of the adjudicated youth’s age or mental or emotional
condition, the adjudicated youth:
(A) Is not
amenable to reform and rehabilitation through participation in the programs
provided and administered by the youth authority; and
(B) Is amenable
to reform and rehabilitation through participation in the programs provided and
administered by the department;
(c) The court
finds that the department can provide adequate security to protect the
community and the adjudicated youth;
(d) The court
provides for periodic review of the placement; and
(e) The court, in
making the findings and determinations required by this subsection, has
considered the relevant facts and circumstances of the case, as provided in ORS
419C.411.
(4) Uniform
commitment blanks, in a form approved by the director of the youth authority,
or by the Director of Human Services for placements under subsection (3) of
this section, shall be used by all courts for placing adjudicated youths in the
legal custody of the youth authority or the department.
(5) If the
adjudicated youth has been placed in the custody of the youth authority or the
department, the court may not make a commitment directly to any residential
facility, but shall cause the adjudicated youth to be delivered into the
custody of the youth authority or the department at the time and place fixed by
rules of the youth authority or the department. An adjudicated youth committed
under this subsection may not be placed in a Department of Corrections
institution.
(6) When the
court places an adjudicated youth in the legal custody of the department under
subsection (1) of this section, ORS 419B.440, 419B.443, 419B.446, 419B.449,
419B.452, 419B.470, 419B.473 and 419B.476 apply as if the adjudicated youth
were a ward. [1993 c.33 §238; 1993 c.546 §89; 1995 c.422 §130; 2001 c.686 §13;
2003 c.396 §119; 2005 c.159 §4; 2021 c.489 §82]
Notes of Decisions
Cited in
75
cases (
53 in the last 5 years), 1997–2026 · leading case:
State v. D. B. O., 529 P.3d 1004 (Or. Ct. App. 2023).
State v. D. B. O., 529 P.3d 1004 (Or. Ct. App. 2023).
· cites it 13× “746 Submitted February 24, vacated and remanded for written findings under ORS 419C.478(1) May 3, 2023 In the Matter of D.”
State v. E. S., 333 Or. App. 350 (Or. Ct. App. 2024).
· cites it 13× “Vacated and remanded for findings under ORS 419C.478(1); otherwise affirmed. Cite as 333 Or App 350 (2024) 351 AOYAGI, P.”
State v. E. J. R., 341 Or. App. 488 (Or. Ct. App. 2025).
· cites it 16× “Vacated and remanded for written findings under ORS 419C.478(1). Cite as 341 Or App 488 (2025) 489 490 State v.”
State v. M. B., 341 Or. App. 334 (Or. Ct. App. 2025).
· cites it 18× “State’s petition for reconsideration allowed; youth’s peti- tion for reconsideration denied; former opinion withdrawn; vacated in part and remanded for written findings under ORS 419C.478(1); otherwise affirmed. Cite as 341 Or App 334 (2025) 335 336 State v.”
State v. T. J. L., 558 P.3d 855 (Or. Ct. App. 2024).
· cites it 10× “” He argues that the court improperly “focused on the nature of [youth’s] offense and its deadly harm,” instead of youth’s best interests as required by ORS 419C.478, and that it “is in this youth’s best interests to receive treatment for his severe alcohol use disorder in the…”
State v. S. D. M., 506 P.3d 1190 (Or. Ct. App. 2022).
· cites it 9× “418 Submitted January 26; vacated in part and remanded for written findings under ORS 419C.478(1), otherwise affirmed March 16, 2022 In the Matter of S.”
State v. B. Y., 537 P.3d 517 (Or. 2023).
· cites it 7× “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.478 (stating that the court has authority to place an adjudicated youth in…”
State v. M. A. S., 462 P.3d 284 (Or. Ct. App. 2020).
· cites it 8× “In neither case did youth request findings.”
State v. N. K. H., 341 Or. App. 78 (Or. Ct. App. 2025).
· cites it 5× “ORS 419C.478 (commitment to OYA custody); ORS 419C.”
State v. T. J. L., 564 P.3d 503 (Or. Ct. App. 2025).
· cites it 4× “” He argues, however, that “ORS 419C.478 provides an additional limitation to any disposition that removes a child from their parents’ custody”; that the best-interest deter- mination under ORS 419C.”
State Ex Rel. Juv. Dep't v. Garcia, 44 P.3d 591 (Or. Ct. App. 2002).
· cites it 4× “ORS 419C.478. On February 15, 2000, youth was placed in a youth correctional facility pursuant to ORS 419C.”
— Or. Rev. Stat. § 419C.478(1) — 60 cases
State v. D. B. O., 529 P.3d 1004 (Or. Ct. App. 2023).
“746 Submitted February 24, vacated and remanded for written findings under ORS 419C.478(1) May 3, 2023 In the Matter of D.”
State v. E. S., 333 Or. App. 350 (Or. Ct. App. 2024).
“Vacated and remanded for findings under ORS 419C.478(1); otherwise affirmed. Cite as 333 Or App 350 (2024) 351 AOYAGI, P.”
State v. E. J. R., 341 Or. App. 488 (Or. Ct. App. 2025).
“Vacated and remanded for written findings under ORS 419C.478(1). Cite as 341 Or App 488 (2025) 489 490 State v.”
State v. M. B., 341 Or. App. 334 (Or. Ct. App. 2025).
“State’s petition for reconsideration allowed; youth’s peti- tion for reconsideration denied; former opinion withdrawn; vacated in part and remanded for written findings under ORS 419C.478(1); otherwise affirmed. Cite as 341 Or App 334 (2025) 335 336 State v.”
State v. S. D. M., 506 P.3d 1190 (Or. Ct. App. 2022).
“418 Submitted January 26; vacated in part and remanded for written findings under ORS 419C.478(1), otherwise affirmed March 16, 2022 In the Matter of S.”
— Or. Rev. Stat. § 419C.478(1)(c) — 4 cases
— Or. Rev. Stat. § 419C.478(2) — 5 cases
State v. T. J. L., 558 P.3d 855 (Or. Ct. App. 2024).
“” He argues that the court improperly “focused on the nature of [youth’s] offense and its deadly harm,” instead of youth’s best interests as required by ORS 419C.478, and that it “is in this youth’s best interests to receive treatment for his severe alcohol use disorder in the…”
— Or. Rev. Stat. § 419C.478(3) — 2 cases
— Or. Rev. Stat. § 419C.478(3)(b) — 2 cases
— Or. Rev. Stat. § 419C.478(3)(b)(B) — 2 cases
— Or. Rev. Stat. § 419C.478(3)(e) — 1 case
— Or. Rev. Stat. § 419C.478(4) — 3 cases
— Or. Rev. Stat. § 419C.478(5) — 3 cases
State v. B. Y., 537 P.3d 517 (Or. 2023).
“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.478 (stating that the court has authority to place an adjudicated youth in…”
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