State v. X. E. W.

• Court: Oregon Court of Appeals
• Area(s) of Law: Juvenile Law
• Date Filed: 02-22-2024
• Case #: A176848
• Judge(s)/Court Below: Ortega, Presiding Judge; Powers, Judge; Hellman, Judge
• Full Text Opinion

"[T]he juvenile court’s oral findings suggest that it may have denied youth’s petition based on an impermissible standard of “no risk” rather than “low risk.”"

Youth appealed from the order following a sex offender registration relief hearing, assigning error to the trial court’s decision to require registration as a sex offender. Reviewing de novo, the Oregon Court of Appeals reversed. The Court reasoned that the trial court had used the standard of “no risk” to determine eligibility for relief when the appropriate standard is “low risk.” The court then looked to determine if the youth had presented clear and compelling evidence that he was a low risk of reoffending. The court looked at the success of treatment, as well as compliance with supervision. The Court held that because the youth had been compliant with supervision and the treatment provider recommended relief, the burden of registration outweighed Youth’s low risk of reoffending. Reversed.

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