State ex rel. Juvenile Department v. Bruns

Court of Appeals of Oregon

State ex rel. Juvenile Department v. Bruns

692 P.2d 649, 71 Or. App. 573, 1984 Ore. App. LEXIS 4761

CourtCourt of Appeals of Oregon

DecidedDecember 19, 1984

Docket23,562; CA A32441

StatusPublished

Cited by1 cases

This text of 692 P.2d 649 (State ex rel. Juvenile Department v. Bruns) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Juvenile Department v. Bruns, 692 P.2d 649, 71 Or. App. 573, 1984 Ore. App. LEXIS 4761 (Or. Ct. App. 1984).

Pincite

Opinion

PER CURIAM

In this juvenile court proceeding the child appeals an order placing him in the legal custody of Childrens’ Services Division for placement in a juvenile training school for one year and 30 days.

The child was in the jurisdiction of the juvenile court because he admitted the allegations of two petitions. The first, filed November 6, 1981, charged an act of theft in the second degree and the second, filed April 19,1982, charged trespass in the second degree. Those acts, if committed by an adult, could have resulted in a maximum sentence of one year on the theft charge and 30 days on the trespass charge. The child was made a ward of the court and committed to the jurisdiction of CSD in November, 1981, and again in April, 1982. The sole basis of the finding of jurisdiction was the child’s admission of the allegation of the two petitions. ORS 419.476(1) (a).

On February 29,1984, the court issued the order from which the child appeals. It appears from the record that from November, 1981, to February 29, 1984, the child spent in excess of one year and 30 days in the custody of CSD.

The state concedes that under ORS 419.511(1), the court was without authority to place the child in custody of CSD for an additional period. That statute provides:

“The duration of any disposition made pursuant to ORS 419.507(l)(a) to (c) shall be fixed by the court and may be for an indefinite period. Any placement in the legal custody of the Children’s Services Division shall be for an indefinite period. However, in cases under ORS 419.476(1) (a), the period of any disposition made pursuant to ORS 419.507(1) (a) to (c) shall not exceed the maximum period of institutionalization or commitment authorized if the act had been committed by an adult. * * *”¹

We agree with the state’s concession.

Reversed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM

In this juvenile court proceeding the child appeals an order placing him in the legal custody of Childrens’ Services Division for placement in a juvenile training school for one year and 30 days.

The child was in the jurisdiction of the juvenile court because he admitted the allegations of two petitions. The first, filed November 6, 1981, charged an act of theft in the second degree and the second, filed April 19,1982, charged trespass in the second degree. Those acts, if committed by an adult, could have resulted in a maximum sentence of one year on the theft charge and 30 days on the trespass charge. The child was made a ward of the court and committed to the jurisdiction of CSD in November, 1981, and again in April, 1982. The sole basis of the finding of jurisdiction was the child’s admission of the allegation of the two petitions. ORS 419.476(1) (a).

On February 29,1984, the court issued the order from which the child appeals. It appears from the record that from November, 1981, to February 29, 1984, the child spent in excess of one year and 30 days in the custody of CSD.

The state concedes that under ORS 419.511(1), the court was without authority to place the child in custody of CSD for an additional period. That statute provides:

“The duration of any disposition made pursuant to ORS 419.507(l)(a) to (c) shall be fixed by the court and may be for an indefinite period. Any placement in the legal custody of the Children’s Services Division shall be for an indefinite period. However, in cases under ORS 419.476(1) (a), the period of any disposition made pursuant to ORS 419.507(1) (a) to (c) shall not exceed the maximum period of institutionalization or commitment authorized if the act had been committed by an adult. * * *”¹

We agree with the state’s concession.

Reversed.

Cite This Page — Counsel Stack

Bluebook (online)

692 P.2d 649, 71 Or. App. 573, 1984 Ore. App. LEXIS 4761, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-juvenile-department-v-bruns-orctapp-1984.

Opinion

Related

Cite This Page — Counsel Stack