(1) At the adjudication stage of a delinquency proceeding, the parties to the proceeding are the youth and the state, represented by the district attorney or the juvenile department. At the dispositional stage of a delinquency proceeding, the following are also parties:

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Terms Used In Oregon Statutes 419C.285

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.

(a) The parents or guardian of the youth;

(b) A court appointed special advocate, if appointed;

(c) The Oregon Youth Authority or other child care agency, if the youth is temporarily committed to the agency; and

(d) An intervenor who petitions or files a motion on the basis of a child-parent relationship under ORS § 109.119.

(2) The rights of the parties include, but are not limited to:

(a) The right to notice of the proceeding and copies of the pleadings;

(b) The right to appear with counsel and to have counsel appointed if otherwise provided by law;

(c) The right to call witnesses, cross-examine witnesses and participate in hearings;

(d) The right to appeal;

(e) The right to request a hearing; and

(f) The right to notice of any proceeding before the Psychiatric Security Review Board.

(3)(a) Persons who are not parties under subsection (1) of this section may petition the court for rights of limited participation. The petition must be filed and served on all parties no later than two weeks before a proceeding in the case in which participation is sought. The petition must state:

(A) The reason the participation is sought;

(B) How the person‘s involvement is in the best interest of the youth or the administration of justice;

(C) Why the parties cannot adequately present the case; and

(D) What specific relief is being sought.

(b) If the court finds that the petition is well founded, the court may grant rights of limited participation as specified by the court.

(c) Persons petitioning for rights of limited participation are not entitled to appointed counsel.

(4) In all delinquency proceedings, interpreters shall be appointed in the manner specified by ORS § 45.275 and 45.285 for the parties to the proceeding, the victim, witnesses, any person granted rights of limited participation, and any parent or guardian of the youth without regard to whether the parent or guardian is a party to the proceeding. [1993 c.546 § 73; 1997 c.873 § 22; 2001 c.214 § 2; 2001 c.962 § 85; 2003 c.396 102,103; 2005 c.843 § 8; 2015 c.155 § 6]

 

SUMMONS

 

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