Bill Text: OR SB622 | 2013 | Regular Session | Enrolled
Bill Title: Relating to juvenile court proceedings.
Spectrum: Committee Bill
Status: (Passed) 2013-06-21 - Effective date, January 1, 2014. [SB622 Detail]
Download: Oregon-2013-SB622-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 622
Sponsored by COMMITTEE ON JUDICIARY (at the request of Oregon Law
Commission)
CHAPTER ................
AN ACT
Relating to juvenile court proceedings; creating new provisions;
and amending ORS 419A.015, 419A.200, 419A.253, 419A.255,
419A.256, 419A.257, 419A.300, 419B.367 and 420.048.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in this section and ORS 419A.253,
419A.255 and 419A.256:
(1) 'Person' means an individual, a public body as defined in
ORS 174.109 or a tribe that has intervened in a juvenile court
proceeding pursuant to the Indian Child Welfare Act (25 U.S.C.
1901 et seq.).
(2) 'Prospective appellate attorney' means an attorney
designated by the office of public defense services established
under ORS 151.216 to potentially represent a child, ward, youth,
youth offender, or a parent or guardian of a child, ward, youth
or youth offender, in a juvenile case when the case has been
referred to the office of public defense services for appeal.
(3) 'Record of the case' or 'record of each case':
(a) Includes but is not limited to:
(A) The summons and other process;
(B) Petitions;
(C) Papers in the nature of pleadings, answers, motions,
affidavits and other papers that are filed with the court,
including supporting documentation;
(D) Local citizen review board findings and recommendations
submitted under ORS 419A.118 or 419B.367;
(E) Guardianship report summaries filed with the court under
ORS 419B.367;
(F) Orders and judgments of the court, including supporting
documentation;
(G) Transcripts under ORS 419A.256;
(H) Exhibits and materials offered as exhibits whether or not
received in evidence; and
(I) Other documents that become part of the record of the case
by operation of law.
(b) May include electronic records.
(4) 'Supplemental confidential file':
(a) Includes reports and other material relating to the child,
ward, youth or youth offender's history and prognosis, including
but not limited to reports filed under ORS 419B.440, that:
(A) Are not or do not become part of the record of the case;
and
Enrolled Senate Bill 622 (SB 622-B) Page 1
(B) Are not offered or received as evidence in the case.
(b) May include electronic records. + }
SECTION 2. ORS 419A.253 is amended to read:
419A.253. (1) When, for the purpose of a hearing or proceeding
that will result in the entry of an order or judgment, the
juvenile court { - considers - } { + intends to rely upon
+ }information { + + }in
{ - a - } { + any + } report { + , + } { - or other
material described in ORS 419A.255 (2) - } { + material or
document, including information in the supplemental confidential
file, + } and no party has offered the report { + , + }
{ - or - } material { + or document + } as an exhibit or asked
the court to take judicial notice of { + a fact or law in
+ }the information { + pursuant to ORS 40.060 to 40.085 and
40.090 + }, the court shall { + :
(a) + } Identify on the record the report { + , + }
{ - or - } material { + or document + }, or { - the part
of - } { + information in + }the report { + , + } { - or - }
material { + or document + }, { - that the court has
considered. - } { + upon which the court intends to rely; and
(b) + } Subject to the court's ruling on objections by the
parties, { - the court shall - } either { + :
(A) + } Take judicial notice of { + a fact or law in + } the
information pursuant to ORS 40.060 to 40.085 { + and 40.090; + }
or { +
(B) + } Cause the report { + , + } { - or - } material { +
or document + }, or { - the - } { + a + } part of the
report { + , + } { - or - } material { + or document + }, to
be marked and received as an exhibit.
{ + (2) If the court takes judicial notice of a fact or law
under subsection (1) of this section, + } the court shall cause a
list to be made that reasonably identifies, by reference to
{ - its - } { + the + } source,
{ - information - } { + any fact or law that is + }
judicially noticed { - under this subsection - } . The
{ - list - } { + court + } may { - be included - } { +
include the list + } in the order or judgment or { - may be - }
set out { + the contents of the list + } in a separate document
attached to the order or judgment.
{ + (3) An exhibit marked and received under subsection (1)
of this section and a list made under subsection (2) of this
section are part of the record of the case maintained by the
clerk of the court under ORS 419A.255 (1).
(4) + } If an appeal is taken from the order or judgment
following the hearing or proceeding and the designation of record
on appeal includes exhibits, the court or the trial court
administrator shall cause the { - exhibits and any report or
other materials containing judicially noticed information - }
{ + following + } to be transmitted to the appellate court as
part of the record { + of the case + } on appeal { - . - }
{ + :
(a) Exhibits; + }
{ - (2) - } { + (b) + } The list described in subsection
{ - (1) - } { + (2) + } of this section { - is part of the
record of the case maintained by the clerk of the court under ORS
419A.255 (1) - } { + ; and
(c) Any report, material or document containing judicially
noticed facts or law as identified on the list made under
subsection (2) of this section + }.
Enrolled Senate Bill 622 (SB 622-B) Page 2
{ - (3) Nothing in ORS 419A.255 limits access to any juvenile
court records by an appellate court reviewing a juvenile court
order or judgment. Appellate court rules may establish procedures
for appellate court access to juvenile court records. - }
SECTION 3. ORS 419A.255 is amended to read:
419A.255. (1) { + (a) + } The clerk of the court shall keep
{ - a record of each case, including therein the summons and
other process, the petition and all other papers in the nature of
pleadings, motions, orders of the court and other papers filed
with the court, but excluding reports and other material relating
to the child, ward, youth or youth offender's history and
prognosis - } { + a supplemental confidential file for each
case and a record of each case except as otherwise provided in
ORS 7.120 + }.
{ + (b) + } The record of the case shall be withheld from
public inspection but is open to inspection by the
{ + following:
(A) The judge of the juvenile court and those acting under the
judge's direction;
(B) The + } child { - , - } { + ;
(C) The + } ward { - , - } { + ;
(D) The + } youth { - , - } { + ;
(E) The + } youth offender { - , parent, guardian, court
appointed special advocate, - } { + ;
(F) The parent or guardian of the child, ward, youth or youth
offender;
(G) The guardian ad litem for the parent;
(H) The + } surrogate { - or - } { + ;
(I) + } A person allowed to intervene in a proceeding involving
the child, ward, youth or youth offender { - , and their
attorneys. - } { + ;
(J) Service providers in the case;
(K) The court appointed special advocate and a representative
of a CASA Volunteer Program as defined in section 3, chapter 97,
Oregon Laws 2012;
(L) The attorneys or prospective appellate attorneys for any of
the persons listed in subparagraphs (B) to (K) of this paragraph;
(M) The district attorney or assistant attorney general
representing a party in the case;
(N) The juvenile department;
(O) The Department of Human Services; and
(P) The Oregon Youth Authority.
(c) + } The { - attorneys - } { + following + } are
entitled to copies of the record of the case { + :
(A) The judge of the juvenile court and those acting under the
judge's direction;
(B) A party to the extent permitted under ORS 419B.875 (2) or
419C.285 (2);
(C) A guardian ad litem for a parent to the same extent the
parent is permitted to copies under ORS 419B.875 (2) or 419C.285
(2); and
(D) Persons listed in paragraph (b)(J) to (P) of this
subsection + }.
(2) { + (a) + } Reports and other material relating to the
child, ward, youth or youth offender's history and prognosis { +
in the supplemental confidential file or record of the case
+ }are privileged and, except at the request of the child, ward,
youth or youth offender, { - may not be disclosed directly or
indirectly to anyone other than - } { + shall be withheld from
public inspection. Once offered as an exhibit, reports and other
Enrolled Senate Bill 622 (SB 622-B) Page 3
material relating to the child, ward, youth or youth offender's
history and prognosis become part of the record of the case but
are subject to paragraph (e) of this subsection.
(b) A supplemental confidential file is open to inspection by
the following:
(A) + }The judge of the juvenile court { - , - }
{ + and + } those acting under the judge's direction { - , - }
{ + ;
(B) The parent or guardian of the child or ward in a dependency
case;
(C) The guardian ad litem for the parent of a child or ward in
a dependency case;
(D) The parent or guardian of the youth or youth offender in a
delinquency case if the youth or youth offender consents to, or
the court authorizes, inspection;
(E) The guardian ad litem for the parent of a youth or youth
offender in a delinquency case if the youth or youth offender
consents to, or the court authorizes, inspection;
(F) + }Service providers in the case { + ; + } { - and - }
{ +
(G) + } The attorneys { - of record - } { + or prospective
appellate attorneys + } for { + :
(i) + } The child { - , - } { + ;
(ii) The + } ward { - , - } { + ;
(iii) The + } youth { + ; + } { - or - }
{ + (iv) The + } youth offender { + ; + } { - or the child,
ward, youth or youth offender's parent, guardian, court appointed
special advocate, - }
{ + (v) The parent or guardian of the child, ward, youth or
youth offender; or
(vi) The guardian ad litem for the parent;
(H) The + } surrogate { + ; + } { - or - }
{ + (I) A + } person allowed to intervene in a proceeding
involving the child, ward, youth or youth offender { + ;
(J) The court appointed special advocate and a representative
of a CASA Volunteer Program as defined in section 3, chapter 97,
Oregon Laws 2012;
(K) The district attorney or assistant attorney general
representing a party in the case;
(L) The juvenile department;
(M) The Department of Human Services; and
(N) The Oregon Youth Authority + }.
{ + (c) + } { - Reports and other material relating to a
youth offender's history and prognosis - } { + The supplemental
confidential file + } in cases under ORS 419C.005 may be
disclosed to the superintendent of the school district in which
the youth offender resides or the superintendent's designee.
{ + (d) + } The { + following + } { - service providers in
the case, school superintendents, superintendents' designees and
attorneys - } are entitled to { - examine and obtain - }
copies of { - any reports or other material relating to the
child, ward, youth or youth offender's history and prognosis. - }
{ + material maintained in the supplemental confidential file:
(A) The judge of the juvenile court and those acting under the
judge's direction;
(B) Service providers in the case;
(C) School superintendents and their designees in cases under
ORS 419C.005;
(D) Attorneys designated under subsection (1)(b)(L) of this
section;
Enrolled Senate Bill 622 (SB 622-B) Page 4
(E) The district attorney or assistant attorney general
representing a party in the case;
(F) The juvenile department;
(G) The Department of Human Services;
(H) The Oregon Youth Authority; and
(I) The court appointed special advocate and a representative
of a CASA Volunteer Program as defined in section 3, chapter 97,
Oregon Laws 2012.
(e) + } { - Any service provider in the case, school
superintendent, superintendent's designee or attorney who
examines or - } { + A person that + } obtains copies of
{ - such reports or materials is - } { + material in the
supplemental confidential file pursuant to paragraph (d) of this
subsection is + } responsible for preserving { - their - }
{ + the + } confidentiality { + of the material in + } { + the
supplemental confidential file + }. A service provider, school
superintendent or superintendent's designee who obtains copies of
such { - reports or materials shall return the copies to the
court - } { + material shall destroy the copies + } upon the
conclusion of { - the service provider's, superintendent's or
superintendent's designee's - } involvement in the case.
(3) Except as otherwise provided in subsection { - (7) - }
{ + (5) + } of this section, no information appearing in the
record of the case or in { - reports or other material relating
to the child, ward, youth or youth offender's history or
prognosis - } { + the supplemental confidential file + } may be
disclosed to any person not described in subsection (2) of this
section without the consent of the court, except for purposes of
evaluating the child, ward, youth or youth offender's eligibility
for special education as provided in ORS chapter 343, and no such
information may be used in evidence in any proceeding to
establish criminal or civil liability against the child, ward,
youth or youth offender, whether such proceeding occurs after the
child, ward, youth or youth offender has reached 18 years of age
or otherwise, except for the following purposes:
(a) In connection with a presentence investigation after guilt
has been admitted or established in a criminal court.
(b) In connection with a proceeding in another juvenile court
concerning the child, ward, youth or youth offender or an appeal
from the juvenile court.
{ - (4) If the court finds that the child, ward, youth, youth
offender or parent is without financial means to purchase all or
a necessary part of the transcript of the evidence or
proceedings, the court shall order upon motion the transcript or
part thereof to be furnished. The transcript or part thereof
furnished under this subsection shall be paid for in the same
manner as furnished transcripts are paid for in criminal
cases. - }
{ + (4)(a) When a person described in subsection (1)(b)(M),
(N), (O) or (P) of this section inspects or obtains copies of
reports, materials or documents under this subsection or under
subsection (1) or (2) of this section, the person may not use or
disclose the reports, materials or documents, except:
(A) As provided in this subsection or under subsection (1) or
(2) of this section;
(B) In the juvenile court proceeding for which the reports,
materials or documents were sought or disclosed;
(C) With the consent of the court; or
(D) As provided in ORS 419A.253.
Enrolled Senate Bill 622 (SB 622-B) Page 5
(b) Nothing in this section prohibits the district attorney or
assistant attorney general representing a party in a juvenile
court proceeding, the juvenile department, the Department of
Human Services, the Oregon Youth Authority or other parties in
the proceeding or their attorneys from disclosing to each other
reports, materials or documents described in subsections (1) and
(2) of this section if the disclosure is reasonably necessary to
perform official duties related to the involvement of the child,
ward, youth or youth offender with the juvenile court or the
juvenile department. A person to whom reports, materials or
documents are disclosed under this subsection is subject to
subsection (3) of this section.
(5)(a) Information contained in the supplemental confidential
file that, in the professional judgment of the juvenile
counselor, caseworker, school superintendent or superintendent's
designee, teacher or detention worker to whom the information in
the supplemental confidential file has been provided, indicates a
clear and immediate danger to another person or to society shall
be disclosed to the appropriate authority and the person who is
in danger from the child, ward, youth or youth offender.
(b) A person that discloses information under paragraph (a) of
this subsection has immunity from any liability, civil or
criminal, that might otherwise be incurred or imposed for making
the disclosure.
(c) Nothing in this subsection affects the provisions of ORS
146.750, 146.760, 419B.035, 419B.040 and 419B.045. The disclosure
of information under this subsection does not make the
information admissible in any court or administrative proceeding
if it is not otherwise admissible. + }
{ - (5) - } { + (6) + } Notwithstanding any other provision
of law, { + and subject to subsection (8) of this section, + }
the following are not confidential and not exempt from
disclosure:
(a) The name and date of birth of the youth or youth offender;
(b) The basis for the juvenile court's jurisdiction over the
youth or youth offender;
(c) The date, time and place of any juvenile court proceeding
in which the youth or youth offender is involved;
(d) The act alleged in the petition that if committed by an
adult would constitute a crime if jurisdiction is based on ORS
419C.005;
(e) That portion of the juvenile court order providing for the
legal disposition of the youth or youth offender when
jurisdiction is based on ORS 419C.005;
(f) The names and addresses of the youth or youth offender's
parents or guardians; and
(g) The register described in ORS 7.020 when jurisdiction is
based on ORS 419C.005.
{ - (6) - } { + (7) + } Notwithstanding any other provision
of law, { + and subject to subsection (8) of this section,
+ }when a youth has been taken into custody under ORS 419C.080,
the following information shall be disclosed unless, and only for
so long as, there is a clear need to delay disclosure in the
course of a specific investigation, including the need to protect
the complaining party or the victim:
(a) The youth's name and age and whether the youth is employed
or in school;
(b) The youth offense for which the youth was taken into
custody;
Enrolled Senate Bill 622 (SB 622-B) Page 6
(c) The name and age of the adult complaining party and the
adult victim, unless the disclosure of such information is
otherwise prohibited or restricted;
(d) The identity of the investigating and arresting agency; and
(e) The time and place that the youth was taken into custody
and whether there was resistance, pursuit or a weapon used in
taking the youth into custody.
{ - (7)(a) Information contained in reports and other
materials relating to a child, ward, youth or youth offender's
history and prognosis that, in the professional judgment of the
juvenile counselor, caseworker, school superintendent or
superintendent's designee, teacher or detention worker to whom
the information for the reports or other materials has been
provided, indicates a clear and immediate danger to another
person or to society shall be disclosed to the appropriate
authority and the person or entity who is in danger from the
child, ward, youth or youth offender. - }
{ - (b) An agency or a person who discloses information under
paragraph (a) of this subsection has immunity from any liability,
civil or criminal, that might otherwise be incurred or imposed
for making the disclosure. - }
{ - (c) Nothing in this subsection affects the provisions of
ORS 146.750, 146.760, 419B.035, 419B.040 and 419B.045. The
disclosure of information under this section does not make the
information admissible in any court or administrative proceeding
if it is not otherwise admissible. - }
(8) { - A county juvenile department is the agency
responsible for disclosing youth and youth offender records if
the records are subject to disclosure. - } { + Except as
provided in ORS 419A.300 and 420.048, only the juvenile court and
the county juvenile department may disclose the information under
subsections (6) and (7) of this section if the information is
subject to disclosure, unless otherwise directed by the court.
(9) Nothing in this section limits access to any juvenile court
records by an appellate court reviewing a juvenile court order or
judgment. Appellate court rules may establish procedures for
appellate court access to juvenile records. + }
{ - (9) - } { + (10) + } A petition filed under ORS
419B.851 alleging that a child who is a foreign national is
within the jurisdiction of the court, or a motion requesting an
implementation plan other than return of a ward to the ward's
parent, is subject to disclosure to the consulate for the child
or ward's country as provided under ORS 419B.851 (3).
{ - (10) - } { + (11) + } Nothing in this section prohibits
a guardian appointed under ORS 419B.365 or 419B.366 from
disclosing or providing copies of letters of guardianship when so
required to fulfill the duties of a guardian.
{ - (11) - } { + (12) + } The court shall cooperate in the
sharing of information with a court in another state to
facilitate an interstate placement of a child or ward.
SECTION 4. ORS 419A.256 is amended to read:
419A.256. (1)(a) Once prepared and filed with the court, a
transcript of a juvenile court proceeding is part of the record
of the case maintained by the clerk of the court under ORS
419A.255 (1) and is subject to the provisions of ORS 419A.255
{ - (1) and (3) - } governing access and disclosure.
(b) Notwithstanding ORS 419A.255, if a transcript, audiotape or
videotape has been prepared in any proceeding under ORS chapter
419C, the victim may obtain a copy by paying the actual cost of
preparation.
Enrolled Senate Bill 622 (SB 622-B) Page 7
{ + (2) If the court finds that the child, ward, youth, youth
offender or parent or guardian of the child, ward, youth or youth
offender is without financial means to purchase all or a
necessary part of the transcript of the evidence or proceedings,
the court shall order, upon motion, the transcript or part of the
transcript to be furnished. The transcript or part of the
transcript furnished under this subsection must be paid for in
the same manner as furnished transcripts are paid for in criminal
cases. + }
{ - (2) - } { + (3) + } The official audio, video or other
recording of a juvenile court proceeding shall be withheld from
public inspection but is open to inspection by the { - child,
ward, youth, youth offender, parent, guardian, court appointed
special advocate, surrogate or a person allowed to intervene in a
proceeding involving the child, ward, youth or youth offender,
and their attorneys - } { + persons described in ORS 419A.255
(1)(b)(A) to (P) + }.
SECTION 5. ORS 419A.257 is amended to read:
419A.257. { - (1) The district attorney or assistant attorney
general representing the state in a juvenile court proceeding,
the juvenile department, the Department of Human Services and the
Oregon Youth Authority may inspect and obtain from the court
copies of the records, reports and other materials described in
ORS 419A.255 (1) and (2) to the same extent that attorneys for
the other parties and the other parties are authorized to inspect
and obtain copies of the records, reports and other materials. An
agency or person that inspects or obtains records, reports or
materials under this subsection is subject to ORS 419A.255
(3). - }
{ - (2) Nothing in ORS 419A.255 prohibits the district
attorney or assistant attorney general representing the state in
a juvenile court proceeding, the juvenile department, the
Department of Human Services, the Oregon Youth Authority or the
other parties in the proceeding or their attorneys from
disclosing to each other records, reports and other materials
described in ORS 419A.255 (1) and (2) if the disclosure is
reasonably necessary to perform official duties related to the
involvement of the child, ward, youth or youth offender with the
juvenile court or juvenile department. An agency or person to
whom records, reports or materials are disclosed under this
subsection is subject to ORS 419A.255 (3). - }
{ - (3) An agency or person that inspects or obtains records,
reports or materials under subsection (1) of this section or to
whom records, reports or materials are disclosed under subsection
(2) of this section may not use or disclose the records, reports
or materials except: - }
{ - (a) As provided in subsections (1) and (2) of this
section; - }
{ - (b) In the juvenile court proceeding for which the
records, reports or materials were sought or disclosed; - }
{ - (c) With the consent of the court as provided in ORS
419A.255 (2) or (3); or - }
{ - (d) As provided in ORS 419A.253. - }
{ + (1) Reports and other materials relating to a child,
ward, youth or youth offender's history and prognosis that are
created or maintained by or on behalf of the Oregon Youth
Authority or the juvenile department are privileged and, except
with the consent of the child, ward, youth or youth offender or
with the authorization of the court, shall be withheld from
public inspection.
Enrolled Senate Bill 622 (SB 622-B) Page 8
(2) The Oregon Youth Authority and the juvenile department may
disclose and provide copies of reports and other materials
relating to the child, ward, youth or youth offender's history
and prognosis, if the disclosure is reasonably necessary to
perform official duties relating to the involvement of the child,
ward, youth or youth offender with the juvenile court or the
juvenile department, to the following:
(a) Each other;
(b) The court;
(c) Service providers in the case;
(d) School superintendents and their designees in cases under
ORS 419C.005;
(e) Attorneys of record for the child, ward, youth or youth
offender;
(f) Attorneys representing a party in the case;
(g) The district attorney or assistant attorney general
representing a party in the case;
(h) The Department of Human Services;
(i) The court appointed special advocate; and
(j) The Psychiatric Security Review Board.
(3) A person that obtains copies of reports or other materials
under this section is responsible for preserving the
confidentiality of the reports or other materials. A service
provider, school superintendent or superintendent's designee who
obtains copies of reports or other materials under this section
shall destroy the copies upon the conclusion of involvement in
the case.
(4)(a) Information appearing in reports or other materials
relating to the child, ward, youth or youth offender's history or
prognosis may not be disclosed directly or indirectly to any
person not described in subsection (2) of this section unless the
consent of the child, ward, youth or youth offender or the
authorization of the court has been obtained, except for purposes
of evaluating the child, ward, youth or youth offender's
eligibility for special education as provided in ORS chapter 343.
(b) Information appearing in reports or other materials may not
be used in evidence in any proceeding to establish criminal or
civil liability against the child, ward, youth or youth offender,
whether the proceeding occurs after the child, ward, youth or
youth offender has reached 18 years of age or otherwise, except
for the following purposes:
(A) In connection with a presentence investigation after guilt
has been admitted or established in a criminal court.
(B) In connection with a proceeding in another juvenile court
concerning the child, ward, youth or youth offender or an appeal
from an order or judgment of the juvenile court.
(5)(a) Information contained in reports and other materials
relating to a child, ward, youth or youth offender's history and
prognosis that, in the professional judgment of the Oregon Youth
Authority, juvenile department, juvenile counselor, caseworker,
school superintendent or superintendent's designee, teacher or
detention worker to whom the information contained in the reports
and other materials has been provided, indicates a clear and
immediate danger to another person or to society, shall be
disclosed to the appropriate authority and the person or entity
that is in danger from the child, ward, youth or youth offender.
(b) An agency or a person that discloses information under
paragraph (a) of this subsection has immunity from any liability,
civil or criminal, that might otherwise be incurred or imposed
for making the disclosure.
Enrolled Senate Bill 622 (SB 622-B) Page 9
(c) Nothing in this subsection affects the provisions of ORS
146.750, 146.760, 419B.035, 419B.040 and 419B.045.
(6) The disclosure of information under this section does not
make the information admissible in any court or administrative
proceeding if it is not otherwise admissible. + }
SECTION 6. ORS 419B.367 is amended to read:
419B.367. (1) Upon granting a motion for guardianship under ORS
419B.366 or upon granting a petition for guardianship under ORS
419B.365, the court shall issue letters of guardianship to the
guardian. As provided in ORS 419A.255, a guardian may disclose
letters of guardianship when necessary to fulfill the duties of a
guardian. Letters of guardianship must be in substantially the
following form:
_________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
State of Oregon,)
) LETTERS OF
County of __
) GUARDIANSHIP
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
BY THESE LETTERS OF GUARDIANSHIP be informed:
That on ____ (month) __ (day), 2__, the ____ Court, ____
County, State of Oregon, appointed _____ (name of guardian)
guardian for _____ (name of ward) and that the named guardian has
qualified and has the authority and duties of guardian for the
named ward including legal custody of the ward, except as
provided below.
IN TESTIMONY WHEREOF, I have subscribed my name and affixed the
seal of the court at my office on ____ (month) __ (day), 2__.
(Seal)
____ , Clerk of the Court
By ____, Deputy
_________________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
(2) In the order appointing the guardian, the court shall
require the guardian to file with the court a verified written
report within 30 days after each anniversary of appointment and
may:
(a) Specify the frequency and nature of visitation or contact
between relatives, including siblings, and the ward, if the court
determines that visitation or contact is in the ward's best
interests;
(b) Enter an order for child support pursuant to ORS 419B.400
that complies with ORS 25.275; and
(c) Make any other order to provide for the ward's continuing
safety and well-being.
Enrolled Senate Bill 622 (SB 622-B) Page 10
{ + (3) The report required under subsection (2) of this
section must:
(a) Contain a summary sheet that:
(A) Identifies the written report and includes the date of
submission and the name of the submitting person; and
(B) Is maintained as part of the record of the case under ORS
419A.255 (1); and
(b) Be maintained in the supplemental confidential file under
ORS 419A.255 (2). + }
{ - (3)(a) - } { + (4)(a) + } Upon timely receipt of a
report under subsection (2) of this section, the court shall
review the report and { - cause the report to become part of
the juvenile court file and - } { + maintain the report as
described in subsection (3) of this section. The court + } may:
(A) Direct the local citizen review board to conduct a review;
(B) Subject to the availability of funds, appoint a court
visitor and require the visitor to file a report with the court;
or
(C) Conduct a court review.
(b) If the court does not receive a report under subsection (2)
of this section in a timely manner, the court shall:
(A) Direct the local citizen review board to conduct a review;
(B) Subject to the availability of funds, appoint a court
visitor and require the visitor to file a report with the court;
or
(C) Conduct a court review.
{ - (4) - } { + (5) + } Except as otherwise limited by the
court, a person appointed guardian has legal custody of the ward
and the duties and authority of legal custodian and guardian
under ORS 419B.373 and 419B.376. A guardian is not liable to
third persons for acts of the ward solely by reason of being
appointed guardian.
SECTION 7. ORS 419A.015 is amended to read:
419A.015. (1)(a) Once each month, a county juvenile department
shall provide to school administrators of schools or of school
districts in the county a list of all youth offenders enrolled in
a school in the county who are on probation by order of the
juvenile court in the county. The department shall include in the
list the name and business telephone number of the juvenile
counselor assigned to each case.
(b) When a youth offender who is on probation transfers from
one school or school district to a different school or school
district, the juvenile counselor assigned to the case shall
notify the school administrator of the school or of the school
district to which the youth offender has transferred of the youth
offender's probation status. The juvenile counselor shall make
the notification no later than 72 hours after the juvenile
counselor knows of the transfer.
(2) Upon request by the school administrator, the juvenile
department shall provide additional information, including the
offense that brought the youth offender within the jurisdiction
of the juvenile court and such other information that is subject
to disclosure under ORS 419A.255 { - (5) - } { + (6) + }.
(3) In addition to the general notification required by
subsection (1) of this section, the juvenile department shall
notify the school administrator of the specific offense if the
act bringing the youth offender within the jurisdiction of the
juvenile court involved a firearm or delivery of a controlled
substance.
Enrolled Senate Bill 622 (SB 622-B) Page 11
(4) When a school administrator receives any notice under this
section, the school administrator may disclose the information
only to school personnel, as defined in ORS 339.326, who the
school administrator determines need the information in order to
safeguard the safety and security of the school, students and
staff. A person to whom personally identifiable information is
disclosed under this subsection may not disclose the information
to another person except to carry out the provisions of this
subsection.
(5) Except as otherwise provided in ORS 192.490, a juvenile
department, school district or school administrator, or anyone
employed or acting on behalf of a juvenile department, school
district or school administrator, who sends or receives records
under this section is not civilly or criminally liable for
failing to disclose the information under this section.
(6) As used in this section, 'school administrator' has the
meaning given that term in ORS 419A.305.
SECTION 8. ORS 419A.200 is amended to read:
419A.200. (1) Except as provided in ORS 419A.190, any person or
entity, including, but not limited to, a party to a juvenile
court proceeding under ORS 419B.875 (1) or 419C.285 (1), whose
rights or duties are adversely affected by a judgment of the
juvenile court may appeal therefrom. An appeal from a circuit
court must be taken to the Court of Appeals, and an appeal from a
county court must be taken to the circuit court.
(2) If the proceeding is in the circuit court and no record of
the proceedings was kept, the court, on motion made not later
than 15 days after the entry of the court's judgment, shall grant
a rehearing and shall direct that a record of the proceedings be
kept. However, the court may not grant a rehearing in a case
barred by ORS 419A.190 without the consent of the child, ward,
youth or youth offender affected by such case. If a rehearing is
held, the time for taking an appeal runs from the date of entry
of the court's judgment after the rehearing.
(3)(a) The appeal may be taken by causing a notice of appeal,
in the form prescribed by ORS 19.250, to be served:
(A) On all parties who have appeared in the proceeding;
(B) On the trial court administrator or other person serving as
clerk of the juvenile court; and
(C) On the juvenile court transcript coordinator, if a
transcript is designated in connection with the appeal.
(b) The original of the notice with proof of service must be
filed with:
(A) The Court of Appeals if the appeal is from a circuit court;
or
(B) The circuit court if the appeal is from a county court.
(c) The notice must be filed not later than 30 days after the
entry of the court's judgment. On appeal from the county court,
the circuit court shall hear the matter de novo and its judgment
is appealable to the Court of Appeals in the same manner as if
the proceeding had been commenced in the circuit court.
(4) The counsel in the proceeding from which the appeal is
being taken shall file and serve those documents necessary to
commence an appeal if the counsel is requested to do so by the
party the counsel represents. If the party requesting an appeal
is represented by court-appointed counsel, court-appointed
counsel may discharge the duty to commence an appeal under this
subsection by complying with policies and procedures established
by the office of public defense services for appeals of juvenile
court judgments.
Enrolled Senate Bill 622 (SB 622-B) Page 12
(5)(a) Upon motion of a person, other than the state, entitled
to appeal under subsection (1) of this section, the appellate
court shall grant the person leave to file a notice of appeal
after the time limits described in subsection (3) of this section
if:
(A) The person shows a colorable claim of error in the
proceeding from which the appeal is taken; and
(B) The person shows that the failure to file a timely notice
of appeal is not personally attributable to the person.
(b) A person other than the state is not entitled to relief
under this subsection for failure to file timely notice of
cross-appeal when the state appeals pursuant to ORS 419A.208.
(c) The request for leave to file a notice of appeal after the
time limits prescribed in subsection (3) of this section must be
filed no later than 90 days after entry of the judgment being
appealed and must be accompanied by the notice of appeal sought
to be filed. A request for leave under this subsection may be
filed by mail and is deemed filed on the date of mailing if the
request is mailed as provided in ORS 19.260.
(d) The court may not grant relief under this subsection unless
the state has notice and opportunity to respond to the person's
request for relief.
(6) An appeal to the Court of Appeals must be conducted in the
same manner as an appeal under ORS chapter 19 except that the
court shall advance the appeal on the court's docket in the same
manner as appeals in criminal cases.
(7)(a) Except as provided in ORS 419A.208 (2), or when
otherwise ordered by the appellate court, the filing of an appeal
does not suspend an order or judgment of the juvenile court nor
discharge the ward or youth offender from the custody of the
person, institution or agency in whose custody the ward or youth
offender may have been placed nor preclude the juvenile court
after notice and hearing from entering such further orders
relating to the ward or youth offender's custody pending final
disposition of the appeal as it finds necessary by reason only of
matters transpiring subsequent to the order or judgment appealed
from. The trial court administrator shall immediately file
certified copies of any such order or judgment with the Court of
Appeals.
(b) Notwithstanding the filing of an appeal from a
jurisdictional or dispositional judgment or an order entered
pursuant to ORS 419B.449 or 419B.476, the juvenile court may
proceed with the adjudication of a petition seeking termination
of the parental rights of a parent of the ward who is subject to
the judgment from which the appeal is taken.
(c) The appeal of any judgment entered in a termination of
parental rights proceeding under paragraph (b) of this subsection
must be consolidated, if appropriate, with any pending appeal of
an order or judgment entered under ORS 419B.325, 419B.449 or
419B.476. The consolidated appeal must be conducted and advanced
on the court's docket in the same manner as termination of
parental rights cases.
(8) On appeal of a judgment or final order, the appellate court
may review any interlocutory order that:
(a) Involves the merits or necessarily affects the judgment or
final order appealed from; and
(b) Was made after entry of the last appealable judgment or
final order preceding entry of the judgment or final order being
appealed.
Enrolled Senate Bill 622 (SB 622-B) Page 13
(9) The district attorney or Attorney General shall represent
the state in the appeal.
(10)(a) The court from which an appeal is taken shall prepare
and transmit a record on appeal in the manner provided in ORS
19.365, except that, when the appeal is to the circuit court from
a county court, the record on appeal shall be prepared and
transmitted by the county court to the circuit court.
(b) The court to which an appeal is taken under this section
shall keep a record of the case on appeal that includes but is
not limited to notices of appeal, briefs, motions, orders of the
court and other papers filed with the court on appeal.
(c) The record on appeal prepared and transmitted under
paragraph (a) of this subsection, when it is in the custody of
the court to which the appeal is taken, and the record of the
case on appeal kept under paragraph (b) of this subsection are
subject to the same limitations on inspection, copying and
disclosure of records, reports and materials as those set forth
under ORS 419A.255 { - and 419A.257 - } .
(d) The court on appeal may consent to disclosure of:
(A) Records described in paragraph (a) of this subsection,
while in the custody of the court to which the appeal is taken,
in the same manner and under the same circumstances as the
juvenile court consents to disclosure under ORS 419A.255
{ - and 419A.257 - } ;
{ - or - }
(B) Records described in paragraph (b) of this subsection { + ;
or
(C) An audiotape or videotape prepared of an oral proceeding on
appeal, in the same manner as permitted under ORS 419A.256 (1)(b)
and (3) + }.
(e) Notwithstanding any other provision of law, any decision,
as that term is defined in ORS 19.450, issued by the Court of
Appeals or the Supreme Court, on appeal or review of a juvenile
court decision, is not confidential and is not exempt from
disclosure.
SECTION 9. ORS 419A.300 is amended to read:
419A.300. (1)(a) Once each month, the Department of Human
Services shall provide to each school district a list of all
young persons enrolled in a school in the school district who are
on conditional release. The department shall include in the list
the name and business telephone number of the caseworker assigned
to each case.
(b) When a young person who is on conditional release transfers
from one school district to a different school district, the
caseworker assigned to the case shall notify the superintendent
of the school district to which the young person has transferred
of the young person's status. The caseworker shall make the
notification no later than 72 hours after the caseworker knows of
the transfer.
(2) Upon request by the superintendent of the school district
in which a young person is enrolled or the superintendent's
designee, the department shall provide additional information,
including the offense that brought the young person within the
jurisdiction of the juvenile court and such other information
that is subject to disclosure under ORS 419A.255 { - (5) - }
{ + (6) + }.
(3) In addition to the general notification required by
subsection (1) of this section, the department shall notify the
superintendent or the superintendent's designee of the specific
Enrolled Senate Bill 622 (SB 622-B) Page 14
offense and whether the act involved a firearm or delivery of a
controlled substance.
(4) ORS 419A.015 (4) and (5) apply to persons sending or
receiving records under this section.
SECTION 10. ORS 420.048 is amended to read:
420.048. (1)(a) When a youth offender who is in the legal
custody of the Oregon Youth Authority transfers from one school
or school district to a different school or school district, the
person responsible for supervising the youth offender shall
notify the school administrator of the school or of the school
district to which the youth offender has transferred of the youth
offender's status as a youth offender. The person shall make the
notification no later than 72 hours after the person knows of the
transfer.
(b) When a school administrator receives notification under
this section, the school administrator may request the Oregon
Youth Authority to provide additional information about the youth
offender. The youth authority shall provide additional
information, including the offense that brought the youth
offender within the jurisdiction of the juvenile court and such
other information that is subject to disclosure under ORS
419A.255 { - (5) - } { + (6) + }.
(2) The youth authority shall include in the notice the
following:
(a) The name and date of birth of the youth offender;
(b) The names and addresses of the youth offender's parents or
guardians;
(c) The name and contact information of the attorney for the
youth offender, if known;
(d) The name and contact information of the person giving
notice under subsection (1) of this section or the person's
designated representative to contact for further information
about the notice;
(e) The specific offense that brought the youth offender within
the jurisdiction of the juvenile court and whether it involved a
firearm or the delivery of a controlled substance, a violation of
ORS 163.355 to 163.445 or 163.465 or any other offense if the
youth authority or juvenile court believes the youth offender
represents a risk to other students or school staff; and
(f) Any terms of probation.
(3) Except as otherwise provided in ORS 192.490, the youth
authority, a school district or a school administrator, or anyone
employed or acting on behalf of the youth authority, school
district or school administrator, who sends or receives records
under this section is not liable civilly or criminally for
failing to disclose the information under this section.
(4) As used in this section:
(a) 'School administrator' has the meaning given that term in
ORS 419A.305.
(b) 'School district' has the meaning given that term in ORS
332.002.
SECTION 11. ORS 419A.255, as amended by section 3 of this 2013
Act, is amended to read:
419A.255. (1)(a) The clerk of the court shall keep a
supplemental confidential file for each case and a record of each
case except as otherwise provided in ORS 7.120.
(b) The record of the case shall be withheld from public
inspection but is open to inspection by the following:
(A) The judge of the juvenile court and those acting under the
judge's direction;
Enrolled Senate Bill 622 (SB 622-B) Page 15
(B) The child;
(C) The ward;
(D) The youth;
(E) The youth offender;
(F) The parent or guardian of the child, ward, youth or youth
offender;
(G) The guardian ad litem for the parent;
(H) The surrogate;
(I) A person allowed to intervene in a proceeding involving the
child, ward, youth or youth offender;
(J) Service providers in the case;
(K) The court appointed special advocate and a representative
of a CASA Volunteer Program as defined in section 3, chapter 97,
Oregon Laws 2012;
(L) The attorneys or prospective appellate attorneys for any of
the persons listed in subparagraphs (B) to (K) of this paragraph;
(M) The district attorney or assistant attorney general
representing a party in the case;
(N) The juvenile department;
(O) The Department of Human Services; { - and - }
(P) The Oregon Youth Authority { + ; and
(Q) Any other person allowed by the court + }.
(c) The following are entitled to copies of the record of the
case:
(A) The judge of the juvenile court and those acting under the
judge's direction;
(B) A party to the extent permitted under ORS 419B.875 (2) or
419C.285 (2);
(C) A guardian ad litem for a parent to the same extent the
parent is permitted to copies under ORS 419B.875 (2) or 419C.285
(2); { - and - }
(D) Persons listed in paragraph (b)(J) to (P) of this
subsection { + ; and
(E) Any other person allowed by the court + }.
(2)(a) Reports and other material relating to the child, ward,
youth or youth offender's history and prognosis in the
supplemental confidential file or record of the case are
privileged and, except at the request of the child, ward, youth
or youth offender, shall be withheld from public inspection. Once
offered as an exhibit, reports and other material relating to the
child, ward, youth or youth offender's history and prognosis
become part of the record of the case but are subject to
paragraph (e) of this subsection.
(b) A supplemental confidential file is open to inspection by
the following:
(A) The judge of the juvenile court and those acting under the
judge's direction;
(B) The parent or guardian of the child or ward in a dependency
case;
(C) The guardian ad litem for the parent of a child or ward in
a dependency case;
(D) The parent or guardian of the youth or youth offender in a
delinquency case if the youth or youth offender consents to, or
the court authorizes, inspection;
(E) The guardian ad litem for the parent of a youth or youth
offender in a delinquency case if the youth or youth offender
consents to, or the court authorizes, inspection;
(F) Service providers in the case;
(G) The attorneys or prospective appellate attorneys for:
(i) The child;
Enrolled Senate Bill 622 (SB 622-B) Page 16
(ii) The ward;
(iii) The youth;
(iv) The youth offender;
(v) The parent or guardian of the child, ward, youth or youth
offender; or
(vi) The guardian ad litem for the parent;
(H) The surrogate;
(I) A person allowed to intervene in a proceeding involving the
child, ward, youth or youth offender;
(J) The court appointed special advocate and a representative
of a CASA Volunteer Program as defined in section 3, chapter 97,
Oregon Laws 2012;
(K) The district attorney or assistant attorney general
representing a party in the case;
(L) The juvenile department;
(M) The Department of Human Services; { - and - }
(N) The Oregon Youth Authority { + ; and
(O) Any other person allowed by the court + }.
(c) The supplemental confidential file in cases under ORS
419C.005 may be disclosed to the superintendent of the school
district in which the youth offender resides or the
superintendent's designee.
(d) The following are entitled to copies of material maintained
in the supplemental confidential file:
(A) The judge of the juvenile court and those acting under the
judge's direction;
(B) Service providers in the case;
(C) School superintendents and their designees in cases under
ORS 419C.005;
(D) Attorneys designated under subsection (1)(b)(L) of this
section;
(E) The district attorney or assistant attorney general
representing a party in the case;
(F) The juvenile department;
(G) The Department of Human Services;
(H) The Oregon Youth Authority; { - and - }
(I) The court appointed special advocate and a representative
of a CASA Volunteer Program as defined in section 3, chapter 97,
Oregon Laws 2012 { + ; and
(J) Any other person allowed by the court + }.
(e) A person that obtains copies of material in the
supplemental confidential file pursuant to paragraph (d) of this
subsection is responsible for preserving the confidentiality of
the material in the supplemental confidential file. A service
provider, school superintendent or superintendent's designee who
obtains copies of such material shall destroy the copies upon the
conclusion of involvement in the case.
(3) Except as otherwise provided in subsection (5) of this
section, no information appearing in the record of the case or in
the supplemental confidential file may be disclosed to any person
not described in subsection (2) of this section without the
consent of the court, except for purposes of evaluating the
child, ward, youth or youth offender's eligibility for special
education as provided in ORS chapter 343, and no such information
may be used in evidence in any proceeding to establish criminal
or civil liability against the child, ward, youth or youth
offender, whether such proceeding occurs after the child, ward,
youth or youth offender has reached 18 years of age or otherwise,
except for the following purposes:
Enrolled Senate Bill 622 (SB 622-B) Page 17
(a) In connection with a presentence investigation after guilt
has been admitted or established in a criminal court.
(b) In connection with a proceeding in another juvenile court
concerning the child, ward, youth or youth offender or an appeal
from the juvenile court.
(4)(a) When a person described in subsection (1)(b)(M), (N),
(O) or (P) of this section inspects or obtains copies of reports,
materials or documents under this subsection or under subsection
(1) or (2) of this section, the person may not use or disclose
the reports, materials or documents, except:
(A) As provided in this subsection or under subsection (1) or
(2) of this section;
(B) In the juvenile court proceeding for which the reports,
materials or documents were sought or disclosed;
(C) With the consent of the court; or
(D) As provided in ORS 419A.253.
(b) Nothing in this section prohibits the district attorney or
assistant attorney general representing a party in a juvenile
court proceeding, the juvenile department, the Department of
Human Services, the Oregon Youth Authority or other parties in
the proceeding or their attorneys from disclosing to each other
reports, materials or documents described in subsections (1) and
(2) of this section if the disclosure is reasonably necessary to
perform official duties related to the involvement of the child,
ward, youth or youth offender with the juvenile court or the
juvenile department. A person to whom reports, materials or
documents are disclosed under this subsection is subject to
subsection (3) of this section.
(5)(a) Information contained in the supplemental confidential
file that, in the professional judgment of the juvenile
counselor, caseworker, school superintendent or superintendent's
designee, teacher or detention worker to whom the information in
the supplemental confidential file has been provided, indicates a
clear and immediate danger to another person or to society shall
be disclosed to the appropriate authority and the person who is
in danger from the child, ward, youth or youth offender.
(b) A person that discloses information under paragraph (a) of
this subsection has immunity from any liability, civil or
criminal, that might otherwise be incurred or imposed for making
the disclosure.
(c) Nothing in this subsection affects the provisions of ORS
146.750, 146.760, 419B.035, 419B.040 and 419B.045. The disclosure
of information under this subsection does not make the
information admissible in any court or administrative proceeding
if it is not otherwise admissible.
(6) Notwithstanding any other provision of law, and subject to
subsection (8) of this section, the following are not
confidential and not exempt from disclosure:
(a) The name and date of birth of the youth or youth offender;
(b) The basis for the juvenile court's jurisdiction over the
youth or youth offender;
(c) The date, time and place of any juvenile court proceeding
in which the youth or youth offender is involved;
(d) The act alleged in the petition that if committed by an
adult would constitute a crime if jurisdiction is based on ORS
419C.005;
(e) That portion of the juvenile court order providing for the
legal disposition of the youth or youth offender when
jurisdiction is based on ORS 419C.005;
Enrolled Senate Bill 622 (SB 622-B) Page 18
(f) The names and addresses of the youth or youth offender's
parents or guardians; and
(g) The register described in ORS 7.020 when jurisdiction is
based on ORS 419C.005.
(7) Notwithstanding any other provision of law, and subject to
subsection (8) of this section, when a youth has been taken into
custody under ORS 419C.080, the following information shall be
disclosed unless, and only for so long as, there is a clear need
to delay disclosure in the course of a specific investigation,
including the need to protect the complaining party or the
victim:
(a) The youth's name and age and whether the youth is employed
or in school;
(b) The youth offense for which the youth was taken into
custody;
(c) The name and age of the adult complaining party and the
adult victim, unless the disclosure of such information is
otherwise prohibited or restricted;
(d) The identity of the investigating and arresting agency; and
(e) The time and place that the youth was taken into custody
and whether there was resistance, pursuit or a weapon used in
taking the youth into custody.
(8) Except as provided in ORS 419A.300 and 420.048, only the
juvenile court and the county juvenile department may disclose
the information under subsections (6) and (7) of this section if
the information is subject to disclosure, unless otherwise
directed by the court.
(9) Nothing in this section limits access to any juvenile court
records by an appellate court reviewing a juvenile court order or
judgment. Appellate court rules may establish procedures for
appellate court access to juvenile records.
(10) A petition filed under ORS 419B.851 alleging that a child
who is a foreign national is within the jurisdiction of the
court, or a motion requesting an implementation plan other than
return of a ward to the ward's parent, is subject to disclosure
to the consulate for the child or ward's country as provided
under ORS 419B.851 (3).
(11) Nothing in this section prohibits a guardian appointed
under ORS 419B.365 or 419B.366 from disclosing or providing
copies of letters of guardianship when so required to fulfill the
duties of a guardian.
(12) The court shall cooperate in the sharing of information
with a court in another state to facilitate an interstate
placement of a child or ward.
SECTION 12. { + The amendments to ORS 419A.255 by section 11
of this 2013 Act:
(1) Become operative on July 1, 2014; and
(2) Apply to juvenile court proceedings commenced on or after
the operative date specified in subsection (1) of this
section. + }
SECTION 13. { + Section 1 of this 2013 Act and the amendments
to ORS 419A.015, 419A.200, 419A.253, 419A.255, 419A.256,
419A.257, 419A.300, 419B.367 and 420.048 by sections 2 to 10 of
this 2013 Act apply to juvenile court proceedings commenced on or
after the effective date of this 2013 Act. + }
----------
Enrolled Senate Bill 622 (SB 622-B) Page 19
Passed by Senate April 24, 2013
Repassed by Senate June 5, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House June 3, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 622 (SB 622-B) Page 20
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 622 (SB 622-B) Page 21
