State v. E. C.-P.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Juvenile Law
  • Date Filed: 12-28-2017
  • Case #: A158058
  • Judge(s)/Court Below: DeHoog, P.J. for the Court; Egan, J.; & Aoyagi, J.
  • Full Text Opinion

Under ORS 419C.610, a juvenile court may “modify or set aside any order made by it upon such notice and with such hearing as the court may direct.”

Youth appealed a modification of an adjudication made under ORS 419C.610 which authorizes the juvenile court to modify or set aside an order. Youth assigned error to the juvenile court's modification of the original judgment. On appeal, Youth argued that ORS 419C.610 did not authorize the court to modify the order to require him to register as a sex offender and submit a DNA sample because the statute does not allow for imposition of additional requirements after the juvenile court has terminated its jurisdiction. Under ORS 419C.610, a juvenile court may “modify or set aside any order made by it upon such notice and with such hearing as the court may direct.” The Court of Appeals held that the question of the court’s modification requiring Youth to register as a sex offender was moot because he was required to register under ORS 163A.025(1)(b). Using a statutory construction analysis, the Court further held the juvenile court did not err in vacating the deferral of the original disposition’s conditions and modifying the conditions to include providing a DNA sample because, when viewed in context, the text of ORS 419C.610 authorized the modification. Affirmed.

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