Oregon Statutes 419A.150 – Appointment; qualifications; hearings; orders; rehearings
(1) The judge of the juvenile court may appoint one or more persons as referee of the juvenile court. A referee shall be appointed in every county in which there is no resident juvenile court judge. A person appointed referee must be qualified by training and experience in the handling of juvenile matters, must have such further qualifications as may be prescribed by law and holds office as referee at the pleasure of the judge. The state shall pay the compensation of a referee appointed by the judge of a circuit court from funds available for the purpose. The county shall pay the compensation of a referee appointed by the judge of a county court.
Terms Used In Oregon Statutes 419A.150
- Adjudicated youth: means a person who has been found to be within the jurisdiction of the juvenile court under ORS § 419C. See Oregon Statutes 419A.004
- Continuance: Putting off of a hearing ot trial until a later time.
- County court: includes board of county commissioners. See Oregon Statutes 174.100
- Court: means the juvenile court. See Oregon Statutes 419A.004
- Department: means the Department of Human Services. See Oregon Statutes 419A.004
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Juvenile court: means the court having jurisdiction of juvenile matters in the several counties of this state. See Oregon Statutes 419A.004
- Parent: means the biological or adoptive mother and the legal parent of the child, ward, youth or adjudicated youth. See Oregon Statutes 419A.004
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Ward: means a person within the jurisdiction of the juvenile court under ORS § 419B. See Oregon Statutes 419A.004
- Youth: means a person under 18 years of age who is alleged to have committed an act that is a violation, or, if done by an adult would constitute a violation, of a law or ordinance of the United States or a state, county or city. See Oregon Statutes 419A.004
(2) The judge may direct that any case, or all cases of a class designated by the judge, be processed or heard in the first instance by a referee in the manner provided for the hearing of cases by the court. Upon conclusion of the hearing in each case, the referee shall transmit to the judge the findings, recommendations or order in writing of the referee.
(3) When the referee conducts a hearing, the persons entitled to request rehearing as provided in subsection (7) of this section must be notified of the referee’s findings, recommendations or order, together with a notice to the effect that a rehearing may be had before a judge if requested within 10 days. A rehearing before a judge of the juvenile court may be determined on the same evidence introduced before the referee if a stenographic transcript of the proceedings was kept, but, in any case, additional evidence may be presented.
(4) All orders of a referee become immediately effective, subject to the right of review provided in this section, and continue in full force and effect, unless stayed by order of the referee or by a juvenile court judge, until vacated or modified upon rehearing by order of a judge of the juvenile court. Any order entered by a referee becomes a final order of the juvenile court upon expiration of 10 days following its entry, unless a rehearing is ordered or requested.
(5) The judge of the juvenile court or, in counties having more than one judge of the juvenile court, the presiding judge of the juvenile court may establish requirements that any or all orders of referees must be expressly approved by a judge of the juvenile court before becoming effective.
(6) A judge of the juvenile court may, on the judge’s own motion, order a rehearing of any matter heard before a referee.
(7) At any time prior to the expiration of 10 days after the entry of the order and findings of a referee into the court register, a child, ward, youth, adjudicated youth, the parent, guardian, district attorney, Department of Human Services, juvenile department or other party affected by the order may request rehearing. The request for rehearing must be served upon all parties by the party requesting the rehearing.
(8) All rehearings of matters heard before a referee shall be heard expeditiously by a judge of the juvenile court within 30 days after the filing of the request, unless the court orders a continuance. In no event may the rehearing occur later than 45 days after the date of the filing of the request. The rehearing is conducted de novo.
(9) Notwithstanding subsection (7) of this section, when a referee finds that a youth is not within the jurisdiction of the court in a proceeding brought under ORS § 419C.005, the district attorney may not request a rehearing. [1993 c.33 § 43; 1993 c.546 § 7; 2003 c.396 § 24; 2021 c.489 § 44]
[1993 c.33 § 44; 1993 c.546 § 92; 1993 c.676 § 41; 1997 c.130 § 12; 2001 c.962 § 91; 2003 c.396 25,26; 2005 c.755 § 35; 2011 c.190 § 1; repealed by 2012 c.97 § 1]
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