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State v. C.E.B.

Summarized by: 

Date Filed: 12-27-2012
Case #: A147292
Wollheim, J. for the Court; Schuman, P.J.; and Nakamoto, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A147292.pdf

Juvenile Law: A juvenile court has the authority to dismiss a petition under ORS 419C.261(2) even if the person is no longer under the court's jurisdiction under ORS 410C.005 because they have reached the age of 25.

Youth appealed from the juvenile court's order dismissing his delinquency petition and setting aside a judgment finding the Youth under the jurisdiction of the juvenile court. Youth committed acts of sodomy and rape against his adoptive sister. The Washington County Juvenile Department entered into a formal accountability agreement with the Youth and Youth did not complete the terms of the agreement. The delinquency petition was filed and Youth was placed on formal probation. The Youth was then placed on bench probation nearing his 18th birthday. Youth filed a motion to dismiss the delinquency petition and set aside jurisdiction when he was 24 years of age. The trial court held that the juvenile court was deprived of jurisdiction after it had terminated formal probation and therefore could not grant a verdict on the delinquency petition. The Court of Appeals reversed holding that the general jurisdiction given to the juvenile court under ORS 419B.090(1), allowed the court to dismiss a petition under ORS 419C.261(2) even if the person is no longer under the jurisdiction of the juvenile court because under ORS 419C.005 they have reached age 25. Reversed and remanded.