OAR 859-560-0015: Issues and Findings to Be Addressed At Hearings

(1) Issues To Be Addressed At Hearings: (a) At each and every hearing before the Board, the Board shall determine whether the youth is affected by a serious mental condition or a qualifying mental disorder and presents a substantial danger to others, whether the youth can be adequately controlled in the community with treatment and supervision, and whether the necessary supervision and treatment services are available. (b) At a revocation hearing, the Board shall determine whether the revocation was appropriate based on the reasonable grounds listed in OAR 859-580-0010 and whether the youth may be continued on conditional release or should be committed to a secure facility. (2) Findings at a hearing: At each statutory hearing before the Board, the Board shall make findings regarding the requisite jurisdictional elements. In addition: (a) If the Board finds the youth is properly under its jurisdiction and not a proper subject for conditional release, the Board shall order the youth committed to, or retained in, a secure in-patient facility for custody, care and treatment. (b) If the Board finds the youth is properly under its jurisdiction but can be adequately controlled with treatment and supervision if conditionally released yet a verified conditional release plan has not been developed, the Board shall find the youth appropriate for conditional release. (c) If the Board finds the youth is properly under its jurisdiction but can be adequately controlled with treatment and supervision and that treatment and supervision are currently available and the Board approves of the plan and proposed conditions, the Board shall order the youth placed on conditional release. (d) If the Board finds that the youth no longer meets the legal criteria for jurisdiction, the Board shall order the discharge of the youth from jurisdiction.