(2) Within 14 days after receiving a report under subsection (1) of this section, the court shall determine the youth’s fitness to proceed.

(3) Upon the recommendation of the authority, the request of a party or the court’s own motion, the court may hold a review hearing concerning the evaluation of the youth’s fitness to proceed at any time during which restorative services are provided pursuant to an order under ORS 419C.392 (3). After a review hearing, the court shall determine the youth’s fitness to proceed.

(4) If the court finds that a youth is fit to proceed, the court shall vacate the stay under ORS 419C.378.

(5) If the court finds that the youth remains unfit to proceed and that there is not a substantial probability that the youth will gain or regain fitness to proceed in the foreseeable future, the court shall:

(a) Immediately enter a judgment that dismisses the petition alleging jurisdiction under ORS 419C.005 without prejudice; or

(b) If necessary for planning or instituting an alternative proceeding, then not more than five days after the findings are made enter a judgment that dismisses the petition without prejudice.

(6) If the court finds under subsection (2) or (3) of this section that the youth remains unfit to proceed, but that the youth presents a substantial probability of gaining or regaining fitness to proceed, the court shall order that restorative services be continued. The court shall order the authority to send a report to the court, with copies to the parties, within a specified time, not to exceed 90 days from the time the order is filed.

(7) If the court finds under subsection (2) or (3) of this section that a youth remains unfit to proceed, the youth shall be discharged within a period of time that is reasonable for making a determination whether the youth presents a substantial probability of gaining or regaining fitness to proceed. Regardless of the number of acts the petition alleging jurisdiction under ORS 419C.005 alleges that the youth committed, the youth may not be continued in restorative services for longer than whichever of the following, measured from the date the petition is filed, is shorter:

(a) Three years; or

(b) The period of time that is equal to the maximum commitment the court could have imposed if the petition had been adjudicated.

(8)(a) If the court orders placement for restorative services, the court may specify the type of care, supervision, security or services to be provided by the authority to any youth placed in the custody of the Department of Human Services and to the parents or guardians of the youth.

(b) The authority, in coordination with the Department of Human Services, the local juvenile department and the youth’s family, may place the youth in any facility authorized to accept the youth and provide the necessary services and care that are most appropriate for the youth.

(c) The authority shall continue to provide restorative services wherever the youth is placed. [2013 c.709 §10; 2017 c.558 §4]

Note: See note under 419C.378.