Oregon Statutes 420.019 – Implementation of diversion plan; intergovernmental agreements; rules
(1)(a) The Oregon Youth Authority may contract with the governing body of a county or two or more counties, if the counties have joined together as a consortium or region, for implementing the diversion plan described in ORS § 420.017.
Terms Used In Oregon Statutes 420.019
- Contract: A legal written agreement that becomes binding when signed.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Oversight: Committee review of the activities of a Federal agency or program.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(b) A county or counties that contract with the Oregon Youth Authority under this section shall have access to a continuum of out-of-home placement options including, but not limited to, youth correction facilities and substitute care placements, as defined by the youth authority by rule.
(c) The state and county may agree that the governing body of the county or counties may subcontract for services or that the state will provide services or that the county or counties may subcontract for some services and the state provide other services as stipulated in the contract with the youth authority.
(d) The youth authority is responsible for providing financial oversight and administration of contracts and financial oversight of subcontracts.
(e) The funds provided to implement the diversion plan or provide for out-of-home placement may not be used by a county to supplant moneys otherwise provided to the county juvenile department for services to adjudicated youth.
(2)(a) The Oregon Youth Authority shall enter into intergovernmental agreements with a county or, if the counties have joined together as a consortium or region, two or more counties to delineate specific duties necessary to carry out the diversion plan described in ORS § 420.017.
(b) The intergovernmental agreement must define the responsibilities of the youth authority and the county or counties and support the mission of the youth authority and the county or counties, taking into consideration public safety, equitable services for adjudicated youths and counties, geographic considerations and staffing and funding levels for the youth authority and the county or counties.
(c) The intergovernmental agreement may authorize the performance or transfer of probation and parole services between the youth authority and the county or counties.
(3) The Oregon Youth Authority shall adopt rules, in consultation with the county juvenile departments, to ensure equitable access to a continuum of out-of-home placement options among contracting counties and to develop performance metrics for the diversion plans. [1985 c.500 § 8; 1995 c.422 § 92; 1997 c.249 § 134; 2021 c.267 § 2; 2023 c.9 § 35]
[Amended by 1955 c.89 § 1; 1965 c.616 § 40; renumbered 420.075]