(1)(a) Except as otherwise provided in this subsection, a juvenile proceeding based on allegations of jurisdiction under ORS § 419C.005 shall commence in either the county where the youth resides or the county in which the alleged act was committed.

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Terms Used In Oregon Statutes 419C.013

  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • 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.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

(b) A juvenile proceeding described in paragraph (a) of this subsection that is subject to a waiver hearing under ORS § 419C.349 (1) shall commence in the county where the alleged act was committed and may not be transferred under ORS § 419C.050, 419C.053 or 419C.056 unless:

(A) The court determines that the case may not be waived under ORS § 419C.349; or

(B) The state stipulates that it will not file a motion requesting waiver under ORS § 419C.349 (1).

(2) Notwithstanding the provisions of ORS § 34.320, an application for a writ of habeas corpus brought by or on behalf of a person who has been committed or placed in a youth correction facility which attacks the validity of the order of commitment shall be brought in the county in which the court that entered the order of commitment is located. [1993 c.33 § 151; 1995 c.422 § 73a; 2021 c.240 § 1]