(a) "Contracting county" means a county that contracts with another county or a regional juvenile detention correctional facility to place youths and adjudicated youths in a detention facility in another county or in a regional juvenile detention correctional facility.
(b) "County court" has the meaning given that term in ORS 174.100.
(2) The county court of a county may:
(a) Institute an examination of the county’s detention facility and establish its capacity in accordance with constitutional standards; and
(b) Issue an order establishing the capacity of the county’s detention facility.
(3)(a) A county court of a county may adopt standards for releasing youths and adjudicated youths when the capacity of the detention facility is exceeded.
(b) A county court of a contracting county may adopt standards for releasing youths and adjudicated youths when the number of youths or adjudicated youths requiring placement in a detention facility in another county or in a regional juvenile detention correctional facility exceeds the number of youths and adjudicated youths for whose placement the contracting county has contracted.
(4) If a county court issues an order establishing the capacity of the detention facility and that capacity is exceeded, the county court, through the juvenile department director of that county, may release a sufficient number of youths or adjudicated youths to reduce the population of the detention facility to the established capacity.
(5) If the number of youths and adjudicated youths requiring placement in a detention facility in another county or in a regional juvenile detention correctional facility exceeds the number for whose placement the contracting county has contracted, the county court of the contracting county, through the juvenile department director of the contracting county, may release a sufficient number of youths or adjudicated youths who have been placed in a detention facility in another county or in a regional juvenile detention correctional facility to reduce the number of youths and adjudicated youths to the number for whose placement the contracting county has contracted.
(6)(a) The county court of a county, through the juvenile department director of the county, shall immediately notify the judge of the juvenile court of the county of the release of the youths or adjudicated youths.
(b) The county court of a contracting county, through the juvenile department director of the contracting county, shall immediately notify the judge of the juvenile court of the contracting county of the release of the youths or adjudicated youths.
(7) This section does not create a cause of action and may not be asserted as the basis for a per se negligence claim. [1993 c.33 §10; 2003 c.396 §11; 2009 c.293 §1; 2021 c.489 §39]
Structure 2021 Oregon Revised Statutes
Volume : 11 - Juvenile Code, Human Services
Chapter 419A - Juvenile Code: General Provisions and Definitions
Section 419A.004 - Definitions.
Section 419A.010 - Appointment of counselors and director; juvenile director oversight committee.
Section 419A.012 - Duties of director or counselor.
Section 419A.014 - Reports by juvenile department.
Section 419A.015 - Reports to school administrators concerning adjudicated youths on probation.
Section 419A.020 - County responsibility for expenses of juvenile department.
Section 419A.050 - Authority to acquire, equip and maintain detention and shelter facilities.
Section 419A.052 - Specifications of facilities.
Section 419A.055 - Examination of facilities; capacity limits; standards for release; notice.
Section 419A.057 - Payment of maintenance expenses; admission of adjudicated youths.
Section 419A.059 - Designation of detention and shelter facilities.
Section 419A.063 - Requirements for detention facilities.
Section 419A.092 - Membership; training.
Section 419A.096 - Duties of Judicial Department in administering boards.
Section 419A.100 - Confidentiality of information; penalty.
Section 419A.102 - Access to confidential information by boards; procedure.
Section 419A.106 - Review of cases generally.
Section 419A.107 - Review of cases of adjudicated youths.
Section 419A.108 - Procedure for conflicts of interest.
Section 419A.109 - Review of cases of wards for whom guardian has been appointed; rules.
Section 419A.110 - Immunity of participants in case review.
Section 419A.112 - Disclosure of information to participants in case review; confidentiality.
Section 419A.114 - When presence of agency personnel at board hearings required.
Section 419A.116 - Findings and recommendations; judicial review.
Section 419A.118 - Records; disclosure of findings and recommendations.
Section 419A.120 - Court use of findings and recommendations.
Section 419A.122 - Use of findings and recommendations by Department of Human Services.
Section 419A.128 - State Citizen Review Board Operating Account.
Section 419A.150 - Appointment; qualifications; hearings; orders; rehearings.
Section 419A.208 - Orders subject to appeal by state; effect of appeal of preadjudicatory order.
Section 419A.209 - Joint motion to vacate judgment or order; appeal after reconsideration.
Section 419A.211 - Appointment of counsel.
Section 419A.240 - Use of restraints during juvenile court proceedings.
Section 419A.245 - Use of restraints during transport.
Section 419A.252 - Definitions for ORS 419A.252, 419A.253, 419A.255 and 419A.256.
Section 419A.255 - Maintenance; disclosure; exceptions to confidentiality.
Section 419A.258 - Motion to inspect or copy records.
Section 419A.260 - Expunction; definitions.
Section 419A.262 - Expunction proceeding; notice to victim.
Section 419A.267 - Notice of expunction; forms.
Section 419A.269 - Effect of expunction; confidentiality violations; penalties.
Section 419A.271 - Appointment of counsel.
Section 419A.300 - Reports to school districts concerning young persons on conditional release.