21
Argued and submitted September 7, 2021; determination that youth may be
held in detention under ORS 419C.145 after adjudication reversed, otherwise
affirmed March 2, 2022
In the Matter of J. R.,
aka J. E. R., a Youth.
STATE OF OREGON,
Respondent,
v.
J. R.,
aka J. E. R.,
Appellant.
Multnomah County Circuit Court
15JU05896;
Petition Number 151001005;
A172243 (Control), A172324
507 P3d 778
Youth appeals the juvenile court’s order continuing his preadjudication
detention pending disposition. He argues that ORS 419C.145 authorizes detention of a youth only before adjudication of the allegations in a petition, not after.
Youth acknowledges that that issue is now moot but argues that it qualifies
for review under ORS 14.175 as it is capable of repetition and likely to evade
review. Held: Youth’s first assignment was moot but satisfied the requirements of
ORS 14.175, and, exercising its discretion to reach that moot issue, the Court of
Appeals concluded that ORS 419C.145 authorizes detention of a youth only before
the trial-like adjudication stage of a juvenile proceeding; it does not provide for
detention of a youth between the adjudication stage and disposition stage of a
juvenile delinquency proceeding.
Determination that youth may be held in detention under ORS 419C.145
after adjudication reversed; otherwise affirmed.
Amy Holmes Hehn, Judge.
Christa Obold Eshleman argued the cause for appellant.
Also on the briefs was Youth, Rights & Justice.
Jonathan N. Schildt, Assistant Attorney General, argued
the cause for respondent. Also on the brief were Ellen F.
Rosenblum, Attorney General, and Benjamin Gutman,
Solicitor General.
Before Tookey, Presiding Judge, and Aoyagi, Judge, and
Armstrong, Presiding Judge.
22 State v. J. R.
TOOKEY, P. J.
Determination that youth may be held in detention
under ORS 419C.145 after adjudication reversed; otherwise
affirmed.
Cite as 318 Or App 21 (2022) 23
TOOKEY, P. J.
This consolidated appeal of two orders in a juvenile delinquency proceeding requires us to construe ORS
419C.145, which authorizes detention of a youth “before
adjudication on the merits.”1 Youth was on probation and
committed to the custody of the Oregon Youth Authority
(OYA) for a prior delinquency adjudication. As permitted by
ORS 419C.145, the juvenile court placed youth in detention
based on probable cause that he had violated the conditions
of his probation. The juvenile court then determined that
youth had violated the conditions of his probation and continued youth’s detention pending disposition. The juvenile
court subsequently terminated youth’s commitment to OYA,
but ordered an additional eight days of detention as a sanction for youth’s probation violation.
Youth first assigns error to the juvenile court’s order
continuing his detention pending disposition. He argues
that ORS 419C.145 authorizes detention of a youth only
before adjudication of the allegations. Youth acknowledges
that that issue is now moot but argues that it qualifies for
review under ORS 14.175 as it is capable of repetition and
likely to evade review. As explained below, we conclude that
youth’s first assignment is moot but satisfies the requirements of ORS 14.175, and, on the merits, we conclude that
ORS 419C.145 authorizes detention of a youth only before
the trial-like adjudication stage of a juvenile proceeding, not
after; it does not provide for detention of a youth between
adjudication and disposition.
Youth also assigns error to the juvenile court’s
determination that the eight days of detention imposed
as a probation-violation sanction did not count toward
the statutory maximum periods of “institutionalization
1
ORS 419C.145 provides, in relevant part:
“(1) A youth may be held or placed in detention before adjudication on the
merits if one or more of the following circumstances exists:
“…
“(d) The youth is currently on probation imposed as a consequence of the
youth previously having been found to be within the jurisdiction of the court
under ORS 419C.005 (Jurisdiction), and there is probable cause to believe the
youth has violated one or more of the conditions of that probation[.]”
24 State v. J. R.
or commitment” provided in ORS 419C.501. As explained
below, we conclude that that issue is moot and does not satisfy the requirements for review under ORS 14.175.
I. BACKGROUND
The facts relevant to the issues on appeal are largely
procedural and not disputed. In January 2016, youth was
adjudicated delinquent for conduct that, if committed by an
adult, would constitute three Class A misdemeanors. As a
result, youth was placed on probation and committed to the
custody of OYA.
On August 2, 2019, a petition was filed alleging that
youth had violated the conditions of his probation, and the
juvenile court placed youth in detention under ORS 419C.145.
On August 9, 2019, the juvenile court held a hearing on that
petition and determined that youth had violated the conditions of his probation. At that hearing, youth argued that,
having adjudicated the petition, “the maximum time that
[youth] can be held in detention is eight days” under ORS
419C.453,2 and that “[no]thing in the Juvenile Code allow[s]
detention time post adjudication beyond those eight days.”
The juvenile court rejected that argument and entered an
order continuing youth’s detention “until further court order,
early release to OYA for placement OK,” and set over disposition to August 29, 2019. At some point after the August 9,
2019, hearing, youth was released to OYA for placement.
On August 28, 2019—one day before the scheduled
disposition hearing—another petition was filed alleging
that youth had violated the conditions of his placement, and
youth was again placed in detention under ORS 419C.145.
2
ORS 419C.453 provides, in relevant part:
“(1) Pursuant to a hearing, the juvenile court may order an adjudicated
youth placed in a detention facility for a specific period of time not to exceed
eight days, in addition to time already spent in the facility, unless a program plan that is in conformance with standards established by the Youth
Development Council has been filed with and approved by the council, in
which case the adjudicated youth may be held in detention for a maximum of
30 days in addition to time already spent in the facility, when:
“…
“(b) The adjudicated youth has been placed on formal probation for an
act that would be a crime if committed by an adult, and has been found to
have violated a condition of that probation.”
Cite as 318 Or App 21 (2022) 25
The next day, the juvenile court held a hearing and determined that youth had violated the conditions of his placement. The court acknowledged and again rejected youth’s
argument that, after adjudication, the court may impose
only eight days of detention, and it entered an order continuing youth’s detention and setting over disposition of youth’s
probation violations to October 18, 2019.
On October 2, 2019, youth filed a motion to terminate commitment to OYA and release youth from detention,
and a hearing on that motion was held the following day.
At the hearing, youth again argued that the juvenile court
lacked authority to continue youth’s detention for more than
eight days after adjudicating a probation violation petition.
The court responded that
“it’s been a source of tension and legal argument over the
years whether the Court can hold a youth in detention
beyond eight days between the time of an admission or
finding of PV and disposition. And I’ve taken the position
that there’s no legal bar on that. And so I’ll stand by that
[position.]”
Youth also argued for the first time that, because youth’s
commitment to OYA had, by that time, exceeded the threeyear period of commitment provided in ORS 419C.501 for
youth’s 2016 misconduct, the court also lacked authority to
impose any additional days of detention as a sanction for
youth’s probation violation.3 After the hearing, the juvenile
court entered an order terminating youth’s commitment to
OYA, stating that “the maximum period of commitment
of [youth] to OYA allowed under ORS 419C.501 has been
exceeded.” The order also imposed eight days of detention as
3
ORS 419C.501 provides, in relevant part:
“(1) The court shall fix the duration of any disposition made pursuant to
this chapter and the duration may be for an indefinite period. Any placement
in the legal custody of the Department of Human Services or the Oregon
Youth Authority under ORS 419C.478 or placement under the jurisdiction of
the Psychiatric Security Review Board under ORS 419C.529 shall be for an
indefinite period. However, the period of institutionalization or commitment
may not exceed:
“…
“(d) Three hundred sixty-four days for an act that would constitute a
Class A misdemeanor if committed by an adult[.]”
26 State v. J. R.
a sanction for youth’s August 28, 2019, probation violation
and stated, in part,
“The court rejects the youth’s argument that continuing a
youth in detention between a finding of probation violation
and disposition, or [that] the imposition of 8 days of detention as a PV sanction under the circumstances presented
here, is barred by [the Juvenile Code].”
On appeal, youth seeks in his first assignment of
error a reversal of the juvenile court’s determination that
it could continue holding youth in detention under ORS
419C.145 after his probation violation allegations had
already been adjudicated. Both parties assert that that
issue became moot when youth’s probation was terminated,
but they agree that it nevertheless qualifies for review under
ORS 14.175 because the issue is capable of repetition and
likely to evade review.
In his second assignment of error, youth argues that
the juvenile court erred when it determined that the eight
days of detention imposed as a probation violation sanction did not count toward the statutory maximum periods
of “institutionalization or commitment” provided in ORS
419C.501. Youth acknowledges that that issue is moot but
contends that it, too, qualifies for review under ORS 14.175.
The state responds that the issue is moot and does not meet
the requirements for review under ORS 14.175.
II. ANALYSIS
We begin our analysis by addressing the issue of
mootness, concluding that youth’s first assignment is moot
and does qualify for review under ORS 14.175, but his second assignment error, which also is moot, does not. We then
turn to the merits of youth’s first assignment of error, concluding that ORS 419C.145 authorizes detention of a youth
only before the adjudication stage of a juvenile proceeding; it
does not authorize detention of a youth between adjudication
and disposition.
A. Mootness and Review under ORS 14.175
As to youth’s first assignment of error, we conclude
that it is moot but satisfies the requirements of ORS 14.175.
Cite as 318 Or App 21 (2022) 27
Both parties acknowledge—and we agree—that the issue
raised in youth’s first assignment of error is moot; youth’s
detention, probation, and commitment to OYA have terminated, and our decision will no longer “have a practical
effect on the rights of the parties.” Dept. of Human Services v.
G. D. W.,
353 Or 25, 32,
292 P3d 548 (2012) (“As a general
rule, a case becomes moot when the court’s decision no longer will have a practical effect on the rights of the parties.”).
A moot issue may, however, be reviewed when it satisfies the requirements of ORS 14.175 and the court exercises its discretion to consider the moot issue. Penn v. Board
of Parole, 365 Or 607, 613,
451 P3d 589 (2019). There are
three requirements under ORS 14.175: (1) the party had
standing to commence the action; (2) the act challenged by
the party is “capable of repetition”; and (3) the challenged
act is “likely to evade judicial review.” ORS 14.175.
Here, both youth and the state assert—and we
agree—that youth’s first assignment of error satisfies all
three requirements. In particular, the challenged act (i.e.,
placement in detention “before adjudication on the merits”
under ORS 419C.145) is likely to evade review, because any
detention period imposed will be for a relatively short period—
a number of days or a few weeks—and will, it seems, have
ended during the very early stages of any appeal. We exercise our discretion to review the moot issue raised in youth’s
first assignment of error.
As to youth’s second assignment of error, we conclude that it is moot and does not satisfy the requirements of
ORS 14.175; specifically, we are not persuaded that a juvenile
court’s decision to not count periods of detention imposed as
a probation violation sanction toward the maximum periods of “institutionalization or commitment” provided in ORS
419C.501 is likely to evade review. Youth argues that “all of
the statutory maximums for misdemeanor offenses under
ORS 419C.501 are under one year,” but “appeals from delinquency dispositions go on for years before issuance of a written opinion.” The state responds that youth’s argument overlooks cases “where a youth has committed multiple offenses
and the aggregate dispositional maximum is, as a result,
many years,” and “it overlooks all felony cases, where the
28 State v. J. R.
statutory maximum is five years or greater.” In such cases,
the state continues, “this court can review a challenge to a
juvenile court’s ruling that periods of detention do not count
against the statutory maximums in ORS 419C.501.”
We agree with the state regarding the second assignment of error. As this court recently reiterated, “To determine whether an issue is ‘likely to evade review,’ the question is not whether a person in youth’s same circumstances
would also fail to obtain appellate review, but ‘whether the
general type or category of challenge at issue is likely to
evade being fully litigated.’ ” State v. F. T., 316 Or App 772,
774,
503 P3d 1281 (2022) (quoting Eastern Oregon Mining
Association v. DEQ,
360 Or 10, 17,
376 P3d 288 (2016)). The
issue raised in youth’s second assignment of error is not
unique to youths who have been adjudicated for a single
misdemeanor, and it is unlikely that that general category
of challenge would evade review in cases where youths have
been adjudicated for a felony or multiple offenses. Cf. F. T.,
316 Or App at 774 (holding that moot issue as to conditions
and duration of youth’s commitment to OYA was unlikely
to evade review, because it was “not limited to youths who
have been adjudicated solely for class A and B misdemeanors” and was unlikely to evade review “in a case where a
youth had been adjudicated for both a felony and a Class B
misdemeanor”). We therefore conclude that the issue raised
in youth’s second assignment of error is moot and does not
satisfy the requirements for review under ORS 14.175.
B. ORS 419C.145 allows detention only before the adjudication stage.
We turn next to the merits of the issue raised
in youth’s first assignment of error—i.e., whether ORS
419C.145 authorizes detention of a youth only before adjudicating a petition or, instead, authorizes detention both
before adjudication and between adjudication and disposition. Youth contends that the juvenile court erroneously construed ORS 419C.145 to allow his detention after his probation violations had been adjudicated but before entering the
disposition. Youth argues that ORS 419C.145 allows detention only before adjudication on the merits, and youth had
already been adjudicated on the merits when the juvenile
Cite as 318 Or App 21 (2022) 29
court continued his detention. The state responds that the
juvenile court did not err, because “[t]he term ‘adjudication,
used in its ordinary sense, broadly applies to the decision on
whether the youth committed the violation and the decision
on how the juvenile court should respond to the violation,” so
“an ‘adjudication on the merits’ under ORS 419C.145 encompasses the juvenile court’s decision as to the proper disposition for a probation violation.”
The parties’ dispute presents a matter of statutory
construction, which we review for legal error. State v. S.-Q. K.,
292 Or App 836, 839,
426 P3d 659, adh’d to as modified on
recons,
294 Or App 184,
426 P3d 258, rev den,
364 Or 209
(2018). “In conducting our review, our job is to ascertain the
legislature’s intent,” which we do “by examining the statutory text, context, and any pertinent legislative history.” Id.
We are mindful that, in construing a statute, our task “is
simply to ascertain and declare what is, in terms or in substance, contained therein, not to insert what has been omitted, or to omit what has been inserted.” ORS 174.010. We
begin with the relevant statutory text, as it “is the best evidence of the legislature’s intent.” Zweizig v. Rote,
368 Or 79,
85,
486 P3d 763 (2021) (internal quotation marks omitted).
1. Text
ORS 419C.145 provides, in relevant part:
“(1) A youth may be held or placed in detention before
adjudication on the merits if one or more of the following
circumstances exists:
“…
“(d) The youth is currently on probation imposed as a
consequence of the youth previously having been found to
be within the jurisdiction of the court under ORS 419C.005,
and there is probable cause to believe the youth has violated one or more of the conditions of that probation[.]”
The parties’ arguments focus in particular on the phrase
“before adjudication on the merits.” The juvenile code does
not define the word “adjudication” or the phrase “on the merits,” so we examine dictionaries to discern their ordinary
meaning. S.-Q. K., 292 Or App at 840.
30 State v. J. R.
The ordinary meaning of “adjudicate” includes
“to settle finally (the rights and duties of the parties to a
court case) on the merits of issues raised,” Webster’s Third
New Int’l Dictionary 27 (unabridged ed 2002), and “[t]o
rule on judicially,” Black’s Law Dictionary 47 (9th ed 2009).
Similarly, “adjudication” is defined as “a determination,
decision, or sentence esp. without imputation of guilt (as a
decree in bankruptcy or the disposition of a juvenile delinquent.” Webster’s at 27. And an “adjudication hearing” is,
“[i]n a juvenile-delinquency case, a hearing at which the
court hears evidence of the charges and makes a finding
of whether the charges are true or not true.—Also termed
adjudicatory hearing; adjudicatory proceeding.” Black’s at
788 (emphasis in original).
Regarding the phrase “on the merits,” relevant definitions of “merits” include “the intrinsic rights and wrongs
of a legal case as determined by matters of substance in distinction from matters of form : the strict legal rights of the
parties as distinguished from considerations depending on
practice or jurisdiction <the plaintiff . . . is entitled to have
its claim decided here on its ~s —T. M. Maddes>,” Webster’s
at 1414, and “[t]he elements or grounds of a claim or defense;
the substantive considerations to be taken into account in
deciding a case, as opposed to extraneous or technical points,
esp. of procedure <trial on the merits>,” Black’s at 1079.
Those definitions suggest that, in the juvenile delinquency context, detention “before adjudication on the merits”
refers to detention imposed on a youth before the juvenile
court’s determination that allegations of a youth’s misconduct are true (or not true). Those definitions are not, however, particularly helpful to determining whether the term
“adjudication,” as used in ORS 419C.145, encompasses not
only the determination as to whether a youth has committed
a violation, but also the determination as to the appropriate
response for that violation.
We turn, then, to examining the relevant statutory
context.
2. Context
Statutory context includes “prior judicial opinions
interpreting the same or similar language.” State v. Lam, 176
Cite as 318 Or App 21 (2022)
31
Or App 149, 154,
29 P3d 1206 (2001). This court previously
construed the term “adjudication” as used in ORS 419C.450,
which requires a district attorney to present any restitution
evidence “prior to or at the time of adjudication.” 4 See State
v. M. A. S.,
302 Or App 687, 689,
462 P3d 284 (2020). In
M. A. S., we determined that “adjudication of [the] youth
was completed at the conclusion of the adjudicatory hearing,
and it was too late for the district attorney to present restitution evidence to the court at the dispositional hearing.”
Id. at 703. In reaching that conclusion, we explained that
juvenile delinquency proceedings have
“two stages that are roughly comparable to conviction and
sentencing in adult criminal cases. The first is the juvenile
court’s determination that the youth committed an act that
would be a crime if committed by an adult. That determination is termed an ‘adjudication,’ and it is analogous to an
adult conviction. The second is the juvenile court’s determination of the proper consequences that should follow from
the adjudication. That determination is called the ‘disposition,’ and it is analogous to an adult sentencing.”
Id. at 701 (quoting State v. Barrett,
350 Or 390, 401-02,
255
P3d 472 (2011) (citations omitted; emphases added)). Under
that explanation, the term “adjudication” in ORS 419C.145
would refer to the trial-like first stage of a juvenile delinquency proceeding (i.e., the “adjudication” stage), which is
distinct and separate from the second, “disposition” stage of
the proceeding that occurs after adjudication.
That understanding finds support in additional
statutory context, including other “related statutes,” along
with “prior enactments” of the statute at issue or related
statutes and “the historical context of th[ose] enactments.”
Dalbeck v. Bi-Mart Corp., 315 Or App 129, 135,
500 P3d
711 (2021). Related statutes indicate that the term “adjudication” is a distinct stage of a juvenile proceeding that is
4
ORS 419C.450(1)(a) provides, in relevant part:
“In any case within the jurisdiction of the juvenile court pursuant to ORS
419C.005 in which the adjudicated youth caused another person any physical, emotional or psychological injury or any loss of or damage to property,
the victim has the right to receive prompt restitution. The district attorney
shall investigate and present to the court, prior to or at the time of adjudication, evidence of the nature and amount of the injury, loss or damage.”
32 State v. J. R.
separate from the “disposition” stage. Prior enactments of
ORS 419C.145 further indicate that the legislature intended
detention “before adjudication on the merits” to mean detention only before the trial-like first stage of a juvenile proceeding (i.e., the “adjudication” stage), not between adjudication and disposition.
Regarding related statutes, the juvenile delinquency code includes several provisions indicating that the
“adjudication” stage of a juvenile proceeding is distinct from
the “disposition” stage. For example:
• “[T]he purposes of the Oregon juvenile justice system
from apprehension forward are to protect the public
and reduce juvenile delinquency and to provide fair and
impartial procedures for the initiation, adjudication
and disposition of allegations of delinquent conduct.”
ORS 419C.001 (emphases added).
• Appearance in a proceeding is allowed by telephone or
closed-circuit television except where that “proceeding
is a contested adjudication” or “the proceeding is a contested dispositional hearing.” ORS 419C.025(2)(a), (c)
(emphases added).
• “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 …[.]”
ORS 419C.285(1) (emphases added).
• If a youth is summoned and fails to appear at a hearing,
“the court may adjudicate the citation or petition and
enter a disposition without a hearing.” ORS 419C.420
(emphases added).
Those provisions indicate that “ ‘adjudication’ and ‘disposition’ of the allegations are understood to refer to distinct
phases of delinquency proceedings,” M. A. S., 302 Or App
at 701, and that, had the legislature intended the phrase
detention “before adjudication on the merits” to mean detention before both the adjudication and the disposition stages,
it would not have chosen to omit the term “disposition” from
ORS 419C.145. Cf. PGE v. Bureau of Labor and Industries,
317 Or 606, 611,
859 P2d 1143 (1993) (“[U]se of a term in
Cite as
318 Or App 21 (2022) 33
one section and not in another section of the same statute
indicates a purposeful omission[.]”).
Regarding prior enactments of ORS 419C.145, those
enactments further indicate that the legislature intended
detention “before adjudication on the merits” to mean detention only before the trial-like first stage of a juvenile proceeding, not between adjudication and disposition. Again,
current ORS 419C.145 provides, in relevant part:
“(1) A youth may be held or placed in detention before
adjudication on the merits if one or more of the following
circumstances exists:
“…
“(d) The youth is currently on probation imposed as a
consequence of the youth previously having been found to
be within the jurisdiction of the court under ORS 419C.005,
and there is probable cause to believe the youth has violated one or more of the conditions of that probation[.]”
Prior versions of that statute were virtually identically
worded as far back as former ORS 419.601 (1989),5 which
provided, in part:
“(1) No child may be held or placed in detention before
adjudication on the merits unless on or more of the following circumstances exists:
“…
“(d) The child is currently on probation imposed as a
consequence of the child previously having been found to
be within the jurisdiction of the court pursuant to [former]
ORS 419.476(1)(a) and there is probable cause to believe
the child has violated one or more of the conditions of that
probation.”
That statute was enacted pursuant to Senate Bill
(SB) 562 (1989), see Or Laws 1989, ch 1033, § 1, and the
historical context of that enactment indicates that the
5
Former ORS 419.601 was repealed and replaced by ORS 419C.145 (1993).
See Or Laws 1993, ch 33, § 173; see also Senate Bill 257 (1993). Notably, “Senate
Bill 257 [wa]s a recodification of the juvenile code containing no substantive law
revisions.” Testimony, Senate Committee on Judiciary, SB 257, Feb 15, 1993,
Ex B (statement of Judge Stephen B. Herrell, Chair of the Juvenile and Family
Justice Project, which drafted SB 257 (1993)).
34 State v. J. R.
legislature understood detention “before adjudication on the
merits” to mean detention imposed prior to the first, trial-like stage of juvenile proceedings (i.e., the “adjudication”
stage), as distinct from the “disposition” stage that occurs
after adjudication.
For one, those working on SB 562 represented to
the legislature that the bill concerned detention of a youth
before a “trial” or “adjudication hearing.” Judge Stephen B.
Herrell, whose efforts informed the drafting and revision
of SB 562, explained, “[I]t is not intended by SB 562 that
children spend a longer time in pre-trial detention. Our goal,
to the contrary, should be to shorten the time between arrest
and trial.” Testimony, Senate Committee on Judiciary, SB
562, Mar 31, 1989, Ex F (statement of Judge Stephen B.
Herrell (emphases added)).
Cory Streisinger—legal counsel for then-Governor
Goldschmidt—explained that “SB 562 would revise our
standards for the pre-adjudication detention of juveniles”
and that “pre-adjudication detention may be used … if
there is reason to believe the juvenile will not attend the
adjudication hearing.” Testimony, House Committee on
Judiciary, Subcommittee on Family Justice, SB 562, May 26,
1989, Ex X (statement of Cory Streisinger).
Patrick K. Callahan, a senior deputy district attorney for Multnomah County, stated that “[t]he bill proposes
to allow juveniles to be detained no more than 28 days
before trial without good cause shown[.]” Testimony, House
Committee on Judiciary, Subcommittee on Family Justice,
SB 562, June 2, 1989, Ex Q (statement of Patrick K. Callahan
(emphasis added)); see also Testimony, Senate Committee on
Judiciary, SB 562, Mar 17, 1989, Ex K (statement of Muriel
Goldman, Multnomah County Juvenile Court Advisory
Committee) (“[W]e are concerned about … time limits for
holding youth following a detention hearing, but prior to the
adjudication hearing.” (Emphasis added.)).
Put simply, SB 562 concerned “[t]he provisions of the
juvenile code relating to preadjudicative detention, namely
holding a child in detention before a hearing on a petition.”
Staff Measure Summary, House Committee on Judiciary,
SB 562, May 26, 1989 (emphasis added); see also Brownstone
Cite as 318 Or App 21 (2022) 35
Homes Condo. Assn. v. Brownstone Forest Hts.,
358 Or 223,
236,
363 P3d 467 (2015) (legislative history includes staff
measure summary).
In addition, legislators and stakeholders discussing
SB 562 repeatedly contrasted the detention before adjudication provided in that bill with the detention after adjudication provided in a companion bill, Senate Bill 356 (1989).6
For example, Senator Joyce Cohen, chair of the Senate
Judiciary Committee, explained that “[SB] 562 has to do
with how long you can hold someone until you bring them to
trial …. And [SB] 356 is a time limit on how much—after
they’ve been adjudicated—you can keep them in a detention
center.” Tape Recording, Senate Committee on Judiciary,
SB 562, May 2, 1989, Tape 105, Side B (statement of Senator
Joyce Cohen (emphasis added)); see also Tape Recording,
Senate Committee on Judiciary, SB 562, May 2, 1989, Tape
105, Side B (statement of Senator Robert Shoemaker) (“[SB]
356 … is your detention following conviction, if I can use
that word, as opposed to detention prior to that.” (Emphasis
added.)).
Carol Turner, member of the board of directors
of the Oregon School Board Association, testified that the
“bills you are discussing today deal with two aspects of a
complex situation …. SB 562, regarding preadjudicatory
detention … [and] SB 356, deal[ing] with postadjudicatory
6
The detention provisions in SB 356 (1989) were codified at former ORS
419.507(4)(a) (1989) and provided:
“Pursuant to hearing, the juvenile court may order a child 12 years of
age or older placed in a detention facility for children for a specific period of
time not to exceed eight days, in addition to time already spent in the facility,
unless a program plan that is in conformance with standards established by
the state’s Oregon Community Children and Youth Services Commission has
been filed with and approved by the commission, in which case the child may
be held in detention for a maximum of 30 days in addition to time already
spent in the facility, when:
“(A) The child has been found to be within the jurisdiction of the juvenile
court by reason of having committed an act which would be a crime if committed by an adult; or
“(B) The child has been placed on formal probation for an act which
would be a crime if committed by an adult, and has been found to have violated a condition of that probation.”
Former ORS 419.507(4)(a) (1989) is the statutory predecessor to the nearly identically worded current ORS 419C.453. See 318 Or App at 24 n 2.
36 State v. J. R.
detention.” Testimony, Senate Committee on Judiciary, SB
562, Mar 17, 1989, Ex J (statement of Carol Turner).
Julie H. McFarlane, a senior attorney from the
Juvenile Rights Project, observed that “SB 562 appears
to allow for detention … until a petition on the matter is
adjudicated,” whereas “SB 356 [allows for] detention after
adjudication of a delinquency or probation violation petition.” Testimony, Senate Committee on Judiciary, SB 562,
Mar 16, 1989, Ex O (statement of Julie H. McFarlane); see
also Testimony, Senate Committee on Judiciary, SB 562,
Mar 27, 1989, Ex F (statement of Judge Stephen B. Herrell)
(referring to “SB 562—preadjudication detention” and “the
post adjudication detention bill SB 356”).
The foregoing context shows that detention “before
adjudication on the merits,” as used in SB 562, referred to
holding a youth in detention prior to the trial-like first stage
of a juvenile delinquency proceeding—i.e., the adjudication
stage, whereas detention after the trial-like adjudication
hearing on a petition was separately authorized by a companion bill, SB 356.
3. Legislative history
Having discussed text and context, we note that
we have examined more recent legislative history relevant
to ORS 419C.145, and nothing in that history suggests to
us that the legislature intended to alter the meaning of the
phrase “before adjudication on the merits” or intended the
term “adjudication” to refer to both the adjudication stage of
a juvenile proceeding and the disposition stage.
III. CONCLUSION
On youth’s first assignment of error, we conclude that
the text, context, and legislative history of ORS 419C.145
show that the legislature intended detention “before adjudication on the merits” to mean holding a youth in detention only before the trial-like adjudication stage of a juvenile
proceeding; under ORS 419C.145, detention “before adjudication on the merits” does not encompass detention of a
youth after adjudication, which includes the period between
Cite as 318 Or App 21 (2022) 37
adjudication and disposition.7 On youth’s second assignment
of error, we conclude that the issue raised therein is moot
and does not satisfy the requirements for review under ORS
14.175.
Determination that youth may be held in detention
under ORS 419C.145 after adjudication reversed; otherwise
affirmed.
7
That conclusion should not be read to imply that a juvenile court is categorically without authority to impose detention upon a youth once adjudication
of a petition is completed. See, e.g., ORS 419C.453(1)(a), (b) (providing that, after
a hearing, a juvenile court may place a youth in detention for up to eight days or,
if an appropriate program plan has been filed, up to 30 days, when a youth “has
been found to be within the jurisdiction of the juvenile court by reason of having
committed an act that would be a crime if committed by an adult” or “has been
placed on formal probation for an act that would be a crime if committed by an
adult, and has been found to have violated a condition of that probation”).
