Oregon § 419C.392 Effect of findings

Oregon Statutes

§ 419C.392 — Effect of findings

Oregon § 419C.392

Vol.11

Title 34Human Services; Juvenile Code; Corrections

Ch. 419CJuvenile Code: Delinquency

This text of Oregon § 419C.392 (Effect of findings) is published on Counsel Stack Legal Research, covering Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Or. Rev. Stat. § 419C.392 (2026).

Text

(1)If the court finds that the youth is fit to proceed, the court shall vacate the stay under ORS 419C.378.

(2)If the court finds that the youth is unfit to proceed and that there is not a substantial probability that the youth will gain or regain fitness to proceed in the foreseeable future if provided restorative services under ORS 419C.396, the court shall:

(a)Immediately enter a judgment that dismisses the petition alleging jurisdiction under ORS 419C.005 without prejudice; or

(b)If necessary for planning or instituting an alternative proceeding, then not more than five days after the findings are made enter a judgment that dismisses the petition without prejudice.

(3)(a) If the court finds that the youth is unfit to proceed and that there is a substantial probability that the yout

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(1) If the court finds that the youth is fit to proceed, the court shall vacate the stay under ORS 419C.378.
(2) If the court finds that the youth is unfit to proceed and that there is not a substantial probability that the youth will gain or regain fitness to proceed in the foreseeable future if provided restorative services under ORS 419C.396, the court shall:
(a) Immediately enter a judgment that dismisses the petition alleging jurisdiction under ORS 419C.005 without prejudice; or
(b) If necessary for planning or instituting an alternative proceeding, then not more than five days after the findings are made enter a judgment that dismisses the petition without prejudice.
(3)(a) If the court finds that the youth is unfit to proceed and that there is a substantial probability that the youth will gain or regain fitness to proceed in the foreseeable future if provided restorative services under ORS 419C.396, the court shall continue the order under ORS 419C.378 staying the proceedings and order that the youth receive restorative services under ORS 419C.396.
(b) The court shall forward the order for restorative services to the Oregon Health Authority.
(c) Unless otherwise specifically ordered, the court’s order for restorative services does not commit the youth to the custody of the authority or alter the guardianship of the youth.