1. (1) A court may find that a youth is unfit to proceed in a proceeding initiated by a petition alleging jurisdiction under ORS 419C.005 if, as a result of a qualifying mental disorder or another condition, the youth is unable:

   1. (a) To understand the nature of the proceedings against the youth;
   2. (b) To assist and cooperate with the counsel for the youth; or
   3. (c) To participate in the defense of the youth.

2. (2) A court may not find that a youth is unfit to proceed in a proceeding solely because:

   1. (a) Of the age of the youth;
   2. (b) Of the current inability of the youth to remember the acts alleged in the petition; or
   3. (c) Evidence exists that the youth committed the acts alleged in the petition while the youth was under the influence of intoxicants or medication.

3. (3) The issue of fitness to proceed must be raised by written motion filed by a party to the proceeding or by the court on its own motion. The motion may be made at any time after the filing of the petition. The court shall stay the proceedings on the petition after the motion is made and may order the youth to participate in an evaluation under ORS 419C.380 to determine the youth’s fitness to proceed if the court determines that:

   1. (a) There is reason to doubt the youth’s fitness to proceed; and
   2. (b) There is probable cause to believe that the factual allegations contained in the petition are true.
4. (4) The fact that the youth is unfit to proceed does not preclude any objection through counsel and without the personal participation of the youth on the grounds that the petition is insufficient, that the statute of limitations has run, that double jeopardy principles apply or upon any other ground at the discretion of the court that the court deems susceptible of fair determination prior to trial.

Note: 419C.378 to 419C.398 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 419C or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

[2013 c.709 §1; 2017 c.634 §19]