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Oregon Revised Statutes

Or. Rev. Stat. § 419C.610 (2026)

Authority to modify or set aside orders

✓ current as of May 2026
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      419C.610 Authority to modify or set aside orders. (1) Except as provided in ORS 419C.613, 419C.615 and 419C.616, the court may modify or set aside any order made by it upon such notice and with such hearing as the court may direct.

      (2) When the court modifies or sets aside an order of jurisdiction based on a petition alleging that an adjudicated 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 modifying or setting aside the order. [1993 c.33 §261; 2001 c.803 §1; 2021 c.489 §103]

Notes of Decisions
Cited in 19 cases (2 in the last 5 years), 1997–2025 · leading case: State Ex Rel. Juv. Dep't v. Tyree, 33 P.3d 729 (Or. Ct. App. 2001).
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State Ex Rel. Juv. Dep't v. Tyree, 33 P.3d 729 (Or. Ct. App. 2001). · cites it 20× “Youth contends that the juvenile court properly set aside the adjudication pursuant to ORS 419C.610. 1 The parties’ dispute presents a question of statutory construction, which we review for errors of law.”
State v. S.-Q. K. (In re S.-Q. K.), 426 P.3d 659 (Or. Ct. App. 2018). · cites it 5× “005" after considering the "interests of the state in the adjudication of the petition"); ORS 419C.610 (governing proceedings in which a juvenile court finds a violation of a probation); ORS 419C.”
Dep't of Human Servs. v. T. L., 369 P.3d 1159 (Or. 2016). · cites it 2× “Compare ORS 419C.610 (1999), amended by Or Laws 2003, ch 396, § 135 (“[t]he court may modify or set aside any order made by it”), with former ORS 419B.”
State Ex Rel. Juv. Dep't v. Balderas, 18 P.3d 434 (Or. Ct. App. 2001). · cites it 4× “The juvenile department filed a memorandum in opposition to youth’s motion, arguing that Geist should not be extended (1) to permit the assertion of inadequate assistance *227 of counsel for the purpose of permitting an otherwise late appeal to go forward; and (2) to permit an…”
State v. M. A. S., 462 P.3d 284 (Or. Ct. App. 2020). · cites it 2× “In Tyree, the state appealed a juvenile court’s order under ORS 419C.610 (“When the court modi- fies or sets aside an order of jurisdiction based on” a juris- dictional determination, the “court shall make written find- ings stating the reason for modifying or setting aside the…”
State Ex Rel. Juv. Dep't v. Rial, 46 P.3d 217 (Or. Ct. App. 2002). · cites it 2× “613 (notice and a hearing shall be granted in any case where the effect of modifying the court’s order will be to “place the youth in an institution or agency”). 2 For the following reasons, however, we conclude that youth received constitutionally adequate notice.”
Smith v. Jester, 228 P.3d 1232 (Or. Ct. App. 2010). · cites it 4× “615 provides, in part: “(1) In addition to any other grounds upon which a person may petition a court under ORS 419C.610 [providing authority to the court to modify or set aside orders], a person may petition the court on the following grounds to set aside an order finding the…”
State v. E. C.-P. (In re E. C.-P.), 410 P.3d 1045 (Or. Ct. App. 2017). · cites it 24× “The court relied on ORS 419C.610, which authorizes a juvenile court to "modify or set aside any order made by it upon such notice and with such hearing as the court may direct.”
State Ex Rel. Juv. Dept. v. Dreyer, 976 P.2d 1123 (Or. 1999). · cites it 2× “It might be argued that the inclusion of the "same effect" wording evinces an intent on the juvenile court's part to set aside its prior adjudication—a result that is authorized under ORS 419C.610, which grants juvenile courts authority to modify or set aside any order.”
State v. J. S. W. (In re J. S. W.), 434 P.3d 481 (Or. Ct. App. 2018). · cites it 5× “" Even if we assume without deciding that a youth has a due process right to warnings about the risk of waiving an absolute defense before entering a valid plea admitting to the charges against him, the juvenile court was not faced with that situation when it determined that…”
State Ex Rel. Juv. Dep't v. Alderson, 932 P.2d 97 (Or. Ct. App. 1997). · cites it 5× “The juvenile court denied child’s motions, concluding that it did not have authority to grant the motions because the statutes that authorize the court to modify or set aside an order or to dismiss a petition are overridden by the specific requirements of ORS 419A.”
State v. J. T.-B., 476 P.3d 538 (Or. Ct. App. 2020). · cites it 4× “615 provides, in relevant part: “(1) In addition to any other grounds upon which a person may petition a court under ORS 419C.610, a person may petition the court on the following grounds to set aside an order finding the person to be within the jurisdiction of the court under…”
Show all 19 citing cases →
— Or. Rev. Stat. § 419C.610(1) — 4 cases
Smith v. Jester, 228 P.3d 1232 (Or. Ct. App. 2010). “615 provides, in part: “(1) In addition to any other grounds upon which a person may petition a court under ORS 419C.610 [providing authority to the court to modify or set aside orders], a person may petition the court on the following grounds to set aside an order finding the…”
State v. J. S. W. (In re J. S. W.), 434 P.3d 481 (Or. Ct. App. 2018). “" Even if we assume without deciding that a youth has a due process right to warnings about the risk of waiving an absolute defense before entering a valid plea admitting to the charges against him, the juvenile court was not faced with that situation when it determined that…”
State v. E. C.-P. (In re E. C.-P.), 410 P.3d 1045 (Or. Ct. App. 2017). “The court relied on ORS 419C.610, which authorizes a juvenile court to "modify or set aside any order made by it upon such notice and with such hearing as the court may direct.”
State v. J. T.-B., 476 P.3d 538 (Or. Ct. App. 2020). “615 provides, in relevant part: “(1) In addition to any other grounds upon which a person may petition a court under ORS 419C.610, a person may petition the court on the following grounds to set aside an order finding the person to be within the jurisdiction of the court under…”
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