(1) The court may, in addition to probation or any other dispositional order, place an adjudicated youth who is at least 12 years of age in the legal custody of the Oregon Youth Authority for care, placement and supervision or, when authorized under subsection (3) of this section, place an adjudicated youth in the legal custody of the Department of Human Services for care, placement and supervision. In any order issued under this section, the court shall include written findings describing why it is in the best interests of the adjudicated youth to be placed with the youth authority or the department.

Ask a criminal law question, get an answer ASAP!
Click here to chat with a criminal defense lawyer and protect your rights.

(2) If the court places an adjudicated youth under subsection (1) of this section, the court may specify the type of care, supervision or services to be provided by the youth authority or the department to adjudicated youths placed in the youth authority’s or department’s custody and to the parents or guardians of the adjudicated youths, but the actual planning and provision of the care, supervision, security or services is the responsibility of the youth authority or the department. The youth authority or the department may place the adjudicated youth in a youth care center or other facility authorized to accept the adjudicated youth.

(3) The court may place an adjudicated youth in the legal custody of the department under subsection (1) of this section if:

(a) The court has determined that a period of out-of-home placement and supervision should be part of the disposition in the case;

(b) The court finds that, because of the adjudicated youth’s age or mental or emotional condition, the adjudicated youth:

(A) Is not amenable to reform and rehabilitation through participation in the programs provided and administered by the youth authority; and

(B) Is amenable to reform and rehabilitation through participation in the programs provided and administered by the department;

(c) The court finds that the department can provide adequate security to protect the community and the adjudicated youth;

(d) The court provides for periodic review of the placement; and

(e) The court, in making the findings and determinations required by this subsection, has considered the relevant facts and circumstances of the case, as provided in ORS § 419C.411.

(4) Uniform commitment blanks, in a form approved by the director of the youth authority, or by the Director of Human Services for placements under subsection (3) of this section, shall be used by all courts for placing adjudicated youths in the legal custody of the youth authority or the department.

(5) If the adjudicated youth has been placed in the custody of the youth authority or the department, the court may not make a commitment directly to any residential facility, but shall cause the adjudicated youth to be delivered into the custody of the youth authority or the department at the time and place fixed by rules of the youth authority or the department. An adjudicated youth committed under this subsection may not be placed in a Department of Corrections institution.

(6) When the court places an adjudicated youth in the legal custody of the department under subsection (1) of this section, ORS § 419B.440, 419B.443, 419B.446, 419B.449, 419B.452, 419B.470, 419B.473 and 419B.476 apply as if the adjudicated youth were a ward. [1993 c.33 § 238; 1993 c.546 § 89; 1995 c.422 § 130; 2001 c.686 § 13; 2003 c.396 § 119; 2005 c.159 § 4; 2021 c.489 § 82]