State v. J. R. C. (In re J. R. C.)
State v. J. R. C. (In re J. R. C.)
Opinion of the Court
*849Youth appeals a juvenile court judgment entered in youth's juvenile delinquency case that continued his placement with the Oregon Youth Authority (OYA) for a period not to exceed five years.
In his first assignment of error, youth asserts that the juvenile court committed plain error, because its determination that it was in his best interest to be committed to OYA was not supported by any evidence in the record. In particular, youth argues that "no evidence was entered" and "no testimony was taken." He asserts that, to the extent the court relied on the "trial court file" or the "dispositional review report," the court failed to take advantage of the statutory mechanism for incorporating documents, reports, and other materials or information into the evidentiary record. He also asserts that the unsworn testimony of the parties and the argument provided by the parties' attorneys was not competent evidence on which the court could rely. We rejected a nearly identical argument on appeal in youth's related juvenile dependency case, Dept. of Human Services v. H. F. E. ,
Youth's second assignment of error challenges the court's failure to include "written findings" as to "why it is in the best interest of the youth offender to be placed with the youth authority or the department" as explicitly required by ORS 419C.478(1). We agree with youth that the court erred by failing to make written findings as required by ORS 419C.478(1), and vacate and remand for the court to make such written findings as it deems appropriate to satisfy the statute's requirements. State ex rel. Juv. Dept. v. C. N. W. ,
Vacated and remanded.
At the time of the hearing, the juvenile court had dependency jurisdiction over youth and the juvenile court had also taken delinquency jurisdiction over youth based on a juvenile adjudication. As a result of the hearing, the court entered orders in youth's dependency case and youth's delinquency case. Youth separately appealed the judgment entered in the dependency case, which we affirmed on appeal. Dept. of Human Services v. H. F. E. ,
Reference
- Full Case Name
- In the Matter of J. R. C., a Youth. STATE of Oregon v. J. R. C.
- Cited By
- 5 cases
- Status
- Published