State V A J D
92 July 23, 2025 No. 651
This is a nonprecedential memorandum opinion
pursuant to ORAP 10.30 and may not be cited
except as provided in ORAP 10.30(1).
IN THE COURT OF APPEALS OF THE
STATE OF OREGON
In the Matter of A. J. D., aka A. D.,
a Youth.
STATE OF OREGON,
Respondent,
v.
A. J. D.,
aka A. D.,
Appellant.
Coos County Circuit Court
23JU02095, 23JU0418;
A182686 (Control), A182688, A182721, A182722
Martin E. Stone, Judge.
Argued and submitted June 9, 2025.
Erica Hayne Friedman argued the cause for appellant.
Also on the brief was Youth, Rights & Justice.
Shannon T. Reel, Assistant Attorney General, argued
the cause for respondent. Also on the brief were Ellen F.
Rosenblum, Attorney General, and Benjamin Gutman,
Solicitor General.
Before Aoyagi, Presiding Judge, Egan, Judge, and Pagán,
Judge.
EGAN, J.
Vacated and remanded for additional written findings
under ORS 419C.478(1).
Nonprecedential Memo Op: 342 Or App 92 (2025) 93
EGAN, J.
Youth appeals a judgment committing him to the
Oregon Youth Authority (OYA) with a recommendation for
placement in a youth correctional facility pursuant to ORS
419C.478(1). He assigns error to the juvenile court’s failure
to make sufficient written findings under ORS 419C.478(1)
describing why it is in youth’s best interests to be commit-
ted to the legal custody of OYA.1 For the reasons explained
below, we vacate and remand.
We review the sufficiency of the juvenile court’s
written findings pursuant to ORS 419C.478(1) for legal
error. State v. D. B. O., 325 Or App 746, 748, 529 P3d 1004
(2023). ORS 419C.478(1) authorizes the juvenile court to
“place an adjudicated youth who is at least 12 years of age
in the legal custody of [OYA] for care, placement and super-
vision” but requires that, as part of any order doing so, the
court “shall include written findings describing why it is
in the best interests of the adjudicated youth to be placed
with [OYA].” State v. E. S., 333 Or App 350, 351, 552 P3d
754 (2024) (emphasis omitted). As a result, failure to include
these written findings is legal error.
In this case, the juvenile court issued a judgment
with a single-sentence explanation of its decision to commit
youth to OYA custody: “There are no means less restrictive
at this time to keep the youth and community safe.”
Youth argues on appeal that the juvenile court’s
explanation is insufficient under ORS 419C.478(1) because
it fails to center on the youth’s best interest and does not
reflect that the court engaged in a careful evaluation in
reaching its decision, as required by the statute. According
to youth, although the written finding mentions youth’s
safety, it does not reflect that the court engaged in a careful
evaluation of the harm inherent in incarceration and any
potential benefits of state custody. See E. S., 333 Or App at
757 (“Findings that are ambiguous as to whether they are
directed to the youth’s best interests—versus being directed
1
Youth is excused from the preservation requirement because the issue
arose for the first time in the judgment. State v. D. B. O., 325 Or App 746, 747,
529 P3d 1004 (2023).
94 State v. A. J. D.
to what is in the best interests of the community, what is
in the best interests of other individuals, what is admin-
istratively convenient, what is justifiable punishment for a
probation violation, or the like—will not survive appellate
review and will result in a remand for additional findings.”);
see also D. B. O., 325 Or App at 748 (“Regardless of com-
munity safety or other practical considerations leading to
the youth’s commitment, such as a probation violation, the
mandate explicitly requires the findings to describe why it
is in the youth’s ‘best interests’ to be committed to OYA.”
(Emphasis in original.)).
Here, the language in the juvenile court’s statement
fails to articulate the link between youth’s best interest and
his placement with OYA; it simply states that there are “no
means less restrictive at this time to keep the youth and
community safe.” The finding fails to focus, as the legisla-
ture has required, on youth’s best interest. ORS 419C.478(1);
see State v. E. J. R., 341 Or App 488, 499, ___ P3d ____
(2025) (“The legislature has tasked the juvenile court not
just with stating that the decision to place the child in cus-
tody is in the child’s best interest, but with “describ[ing]
why” the choice to place the child in the custody of OYA is
in the best interest of that particular child.” (Emphasis in
original.)). To “describe why” that choice is in the child’s best
interest, we have explained that:
“[T]he juvenile court should identify its factual findings
regarding the child’s needs, in particular, the needs that
are driving the court’s decision to place the child in OYA
custody and any needs that may cut against the placement;
explain how placing the child in OYA custody will serve
those needs; and consider the downsides of OYA custody for
the particular child.”
E. J. R., 341 Or App at 499. Thus, the trial court’s
judgment, finding that “[t]here are no means less
restrictive at this time to keep the youth and com-
munity safe” is too ambiguous to explain why com-
mitment is in youth’s best interest as required under
ORS 419C.478(1).
Vacated and remanded for additional written find-
ings under ORS 419C.478(1).