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In re E. C.-P.

Court of Appeals of Oregon

December 28, 2017

In the Matter of E. C.-P., a Youth.
v.
E. C.-P., Appellant. STATE OF OREGON, Respondent,

          Argued and submitted August 10, 2016

         Marion County Circuit Court J040421; Tracy A. Prall, Judge.

         Christa Obold Eshleman argued the cause and fled the brief for appellant.

          Erin K. Galli, Assistant Attorney General, argued the cause for respondent. With her on the brief were Ellen F. Rosenblum, Attorney General, and Paul L. Smith, Deputy Solicitor General.

          Before DeHoog, Presiding Judge, and Egan, Judge, and Aoyagi, Judge. [*]

         Case Summary:

         Youth appeals from an order of the juvenile court modifying youth's decade-old delinquency disposition under ORS 419C.610, which authorizes a juvenile court to "modify or set aside any order made by it upon such notice and with such hearing as the court may direct." The juvenile court vacated the disposition's erroneous "deferral" of two provisions, which require youth to register as a sex offender and provide a DNA sample for the state criminal identification database. Youth argues that, as a matter of statutory construction, ORS 419C.610 does not permit the modification here. Held: The question of sex-offender registration is moot, as youth is required to register under ORS 163A.025(1)(b). As to the DNA sample, the juvenile court did not err. The text of ORS 419C.610 in context authorized the modification here, and youth's due process arguments do not dictate a more limited interpretation of the statute.

         Affirmed.

         [289 Or.App. 570] DEHOOG, P. J.

         Youth appeals from an order of the juvenile court modifying youth's decade-old delinquency disposition. The court relied on ORS 419C.610, which authorizes a juvenile court to "modify or set aside any order made by it upon such notice and with such hearing as the court may direct." Acting on the state's motion, the court vacated its "deferral" of two requirements in the original disposition, with the result that the modified disposition required youth to register as a sex offender and provide a DNA sample for the state criminal identification database. Given the unique posture of this case, we conclude that the court did not err and, accordingly, affirm.

         The relevant facts are procedural. In 2004, youth, then age 14, admitted to having committed acts that would constitute first-degree sodomy if committed by an adult. In the juvenile court's dispositional order committing youth to the custody of the Oregon Youth Authority (OYA), the juvenile court indicated that it had "deferred" two conditions, as follows:

"7. The youth is within the jurisdiction of the court for having committed an act which if done by an adult would be a crime specified in Oregon laws 1991 - Chapter 669 and therefore the court orders that the youth provide a DNA sample at the direction of the probation/parole officer for submission to the DNA databank. (Deferred)
"8. The youth will comply with sex offender registration as required by law. (Deferred)"

         The court's order suggested that the court would consider making those "deferrals" permanent in a later proceeding, in which it might vacate its jurisdictional order altogether if the circumstances warranted:

"The blood draw and sex offender registration are deferred until a decision is made regarding vacating jurisdiction. If the youth successfully completes all conditions of probation, upon written factual findings the Court may vacate the order taking jurisdiction and have all ...

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