State v. M. B.

“A juvenile court probation violation proceeding that is the type of juvenile court ‘adjudicatory hearing,’ within the meaning of ORS 419A.190, bars subsequent proceedings arising out of allegations based on the same conduct.” State v. S.-Q.K., 292 Or App 836, 847-48 (2018).

Youth appealed an order adjudicating her for probation violations in three cases and dispositional orders committing her to Oregon Youth Authority. Youth argued that ORS 419A.190 barred those probation violation proceedings because based on her admissions, she had already been adjudicated to be within the jurisdiction of the juvenile court based on the same conduct. In response, the State argued that ORS 419A.190 does not apply to probation violation proceedings because they are not “adjudicatory proceedings” within the meaning of the statute. “A juvenile court probation violation proceeding that is the type of juvenile court ‘adjudicatory hearing,’ within the meaning of ORS 419A.190, bars subsequent proceedings arising out of allegations based on the same conduct.” State v. S.-Q.K., 292 Or App 836, 847-48 (2018). The court found that the juvenile court erred and held that ORS 419A.190 bars subsequent probation violation proceedings against the youth based on the same conduct. Reversed and remanded with instructions to dismiss the probation violation petitions; otherwise affirmed.