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State ex rel Juv. Dept v. S.J.P

Summarized by: 

Date Filed: 01-25-2012
Case #: A141133
Duncan, J. for the Court; Haselton, P.J.; & Armstrong, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/A141133.pdf

Juvenile Law: A Juvenile Court may not order as compensatory damages against a youth if such damages are not recoverable as a remedy to a civil action.

The Juvenile Court found the youth to be in its jurisdiction for an assault committed by the youth. The alleged victim had left the state prior to the hearing and then flew back, without being served a subpoena, to Oregon to testify against the youth. The Juvenile Court, as part of its judgment, ordered the youth to pay a compensatory fine to the alleged victim for the airfare expenses incurred. The youth appealed the compensatory fine. The Court of Appeals determined that the juvenile court could impose fines if the victim suffers "economic damages." “Economic damages” are defined as those that one has available as “a remedy by civil action.” The Court stated that the airfare expenses did not constitute "economic damages" because there was no liability under any civil action that the victim could recover for the airfare expenses. Compensatory fine vacated and remanded for new dispositional judgment; otherwise affirmed.